Teisėkūros tobulinimo keliu: teisės aktų vertinimas, jo rūšys bei plėtotė
Towards Improvements in Legislative Process: Evaluation of Legal Acts,it’s Types and Practice

Summary/Abstract: This article deals with the evaluation of legislation as part of legislative circle. It aims to present the development of the evaluation of legislation, to disclose its concept and to identify the differences between ex ante and ex post evaluations. Furthermore, the article discusses the OECD recommendations in this area and assesses the advantages and shortcomings of Lithuanian regulatory framework. The article claims that both, ex ante and ex post evaluation practice in Lithuania should be reformed. As for ex ante evaluation, back in 2015 the OECD report ‘Regulatory Policy in Lithuania’ identified that although requirements for ex ante evaluation in Lithuania are largely in place, RIA often used simply to justify the choices made. Such critics remain valid. Moreover, it is not clear which legislative proposals should undergo in-depth ex ante evaluation. Thus, this area should be improved, in particular, by anticipating that preparation of RIA should be started early in the decision-making process, and putting clearer emphasis on screening tests for priority legislative initiatives. With regard to ex post evaluation, Lithuania’s regulatory framework and practice should be substantially improved. The current system is described only as formal, it is carried out non-systemically without achieving its goals. These negative aspects are reinforced by the fact that, in the absence of clear provisions on the use of ex post evaluation results and due to the missing link between ex post and ex ante evaluation results, the findings of the ex post evaluation often do not appear in the next step of the legislative cycle.

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