PPT by SIGMA, Regulatory Reform event, Cairo, 31 May 2022

For a Strong Economy
Guidance to Regulatory Reform in Egypt
Launch Ceremony
Guide to Developing Secondary Legislation in Egyptian Legislating Bodies
Cairo, Egypt 31 May 2022

2
Morning Programme - Agenda
9:30 Welcome coffee reception
10:00 Opening and moderation:
Dr. Heba Shahein, Head of ERRADA and Mr. Nick Thijs, Senior Advisor SIGMA
10:10 Keynote speakers
H.E. Dr. Hala El Said, Minister of Planning and Economic Development
H.E. Dr. Omar Marwan, Minister of Justice
H.E. Christian Berger, EU Ambassador to Egypt
Dr. Gregor Virant, Head of SIGMA Programme
Mr. Wolfgang Rusch & Mr. Lothar Hahn, SIGMA experts
11:15 Coffee, Tea and Refreshments
Press and Photos

H.E. Dr. Hala El Said
Minister of Planning and Economic Development

H.E. Dr. Omar Marwan
Minister of Justice

H.E. Christian Berger
EU Ambassador to Egypt

Dr. Gregor Virant
Head of SIGMA Programme

Mr. Lothar Hahn & Mr. Wolfgang Rusch
SIGMA Experts

8
Guide to Developing
Good Secondary Legislation in Egypt (Guide II)
A Handbook
for Managers and Senior Officials

Guide II following the latest practices in law making
International Standards
Rule of Law (article 1 & 94 of Egyptian Constitution)
Process Management
Adjusted to the Egyptian context
Guiding through “DOING the job”
9

Rational approach for a systematic legislative process
What is the problem to be solved ?
What objectives are to be achieved to address the problem?
Which regulatory measures (law? secondary legislation?) would be necessary to
reach the objectives?
Can the measures have (unavoidable) negative side-effects?
Is the regulatory text clear and understandable?
10

Making good legislation needs a systematic work process! Why?
Guide 1.4, mg# 7-9
Quality assurance
Clear responsibilities
Documentation of steps and decisions taken
Following international principles of “good legislation development”
Allowing labour division
11

Response of Guide II to the needs of a systematic work process
Guide 1.6, mg# 15; 2.2 mg# 1-15
12
9 Stages of the Legislating process
1 Initiation
2 Concept development, phase 1 (draft)
3 Impact assessment phase 1 (concept)
4 Concept development, phase 2 (final)
5 Drafting legal text, phase 1
6 Impact assessment, phase 2 (draft legal text)
7 Drafting legal text, phase 2 (review)
8 Enactment
9 Ex-post evaluation

Guide II – the logical complement to Guide I
Guide, 1.1, 1.7 mg# 16
Bottom-up Strategy of the ERRADA-SIGMA Cooperation
Trigger: to meet the challenges documented in World Bank “Doing Business Report”
2015 (processes too slow)?
General Administrative Procedures Law? Too lengthy implementation process!
Focus on the basis of working level (civil servant/citizen);
First response: Guide to Good Administrative Procedures in Egypt (Guide I) –
improvement of work-procedures in place;
Explaining “HOW to work” in a ‘Service Delivery’ institution;
13

14
16 core Administrative Principles:
Legality and due process Lawful exercise of discretion
Principle of proportionality Objectivity and impartiality
Equality & non-discrimination Efficiency through simplification
Speediness of the procedure Free form of communication
Responsiveness of the authority Information & active assistance
Ex-officio investigation of facts Ex-officio use of existing data
Hearing the party Obligation for reasoned decision
Continuity of an admin. decision Legal complaint procedures
Lack of internationally acknowledged principles
see Guide I, https://beta.errada.gov.eg/instrument/guide-to-good-administrative-procedures-for-egypt-edition-may-2019
Morocco has recently established these Principles in a short law on “Administrative Simplification”

Guide II – the logical complement to Guide I
Guide, 1.1, 1.7 mg# 16
Bottom up approach of the ERRADA-SIGMA cooperation
How to improve the quality of implementation of laws?
What are the guidelines provided to civil servants for implementing a law? Executive
Regulations & Decrees!
i.e. explaining WHAT needs to be done in an individual case;
Second response: Guide to Developing Secondary Legislation in Egyptian Legislating
Bodies (Guide II)
15

Bottom-up approach for Guide II
2019: analysis of status quo;
Involvement of several Egyptian authorities;
Problems with weak regulations due to:
• NO countrywide standardised legislative design process
• NO compliance with international principles of good legislation
Option for solution: development of Guide II in line with internationally acknowledged
principles and good practice of making (drafting) legislation.
16

Criteria for good quality legislation
Guide, 1.2, 1.3, mg# 1-6
17
Efficacy, Effectiveness, Efficiency Necessity
Proportionality Transparency
Accountability Participation
Simplicity Accessibility
Legality Consistency
No Retroactivity Stability
as promoted by GUIDE II

Methodology and Structure of Guide II
Guide 1.7, mg# 16
PART I - Good Quality Legislation – how Guide II will contribute (ca. 15 pages)
PART II - Operating instructions – Personalised MODULES (ca. 95 pages)
PART III – Chronological SEQUENCE – theory & practice details (ca. 150 pages)
PART IV - Special tools for in depth design- and impact analysis (ca. 50 pages)
18

Working modules of the legislative process - Part two of the Guide
Guide 2.3 mg# 1 - 41
19
Module I: Top decision-making – “Head of Legislation”
Module II: Conceptual and organisational work – “Head of Legislative Project”
Module III: Ex-ante and ex-post Evaluation of Regulation - “Head of Regulatory Impact Assessment”
Module IV: Drafting the legal text – “Head of Legal Drafting”
Module V: Administrative Support – “Head of Administration”
Compatible with PM Decree 1146/2018 of 2018 on departmental structures in Ministries

20
Institutional set up of the legislating process
9 Stages of the process Actors
Project
management
and control
1 Initiation
Head of Legislation
Top position (e.g. Prime Minister, Minister, Head
of Agency)
Head of
Legislation
2
Concept development,
phase 1 (draft)
Head of Project
Senior official (e.g. Deputy Minister; Counsellor to
Minister; Head of Strategic Planning; Head of
Legal Support) plus team (incl. external resources)
Head of Project
3
Impact assessment
phase 1 (on concept)
Head of Assessment
Technical expert, scientific researcher plus
team (incl. external resources)
4
phase 2 (final)
Head of Project
plus team
5
Drafting legal text,
phase 1
Head of Legal Drafting
Legal expert (e.g. Head of legislative support unit)
plus team
6
Impact assessment,
phase 2 (on legal text)
Head of Assessment
plus team
7
phase 2 (review)
plus team
8 Enactment
Head of Legislation
plus team
Head of
Legislation
Head of Project
plus team
Head of Project
Individual Modules in relation to the 9 Stages of the process

21
Transparent work process - documented by templates
Functionality of Templates:
Cover-sheet with instructions for each step of the legislative process
Decision-making focus, guiding the responsible individual
Documentation of work and reasoning for decisions taken
Transfer of information to the next step in the process
Legislative Record for Secondary Legislation
Most possible in electronic record keeping
Maintaining underpinned assessments and reports
Documenting the overall history and development of a subject / area

22
Guide to Developing Good Secondary Legislation in Egypt (Guide II)
THANK YOU
and
LOOKING FORWARD TO THE
SUCCESSFUL APPLICATION OF GUIDE II

Coffee, Tea and Refreshments
Press and Photos
Event will resume at 12:15
23

25
Afternoon Programme Agenda
12:15 Round table: “Towards a strong legal framework and practice”
Introduction and moderation: Dr. Heba Shahein and Mr. Nick Thijs
Setting the scene by Mr. Erik Akse, international regulatory reform expert
Round table contributions from:
Dr. Sherifa Sherif
Dr. Ziad Bahaa-ElDin
Dr. Tarek Hamza
Dr. Mohamed Sameh Amr
Dr. Sabri El Shafeay
Mr. Wolfgang Rusch & Mr. Lothar Hahn
Discussion, questions from audience
13:45 Closing remarks
Dr. Heba Shahein and Mr. Nick Thijs
14:00 Lunch

Setting the Scene: Mr. Erik Akse
International Regulatory Reform Expert

Relevance of RIA
Steadily growing body of legislation
More complex societies and societal challenges
High level of interconnections through trade and investments
Increase demand for effectiveness of government
RIA as policy coordination process
RIA to systematically achieve political objectives
27

Benefits of conducting RIA
Insight into the various effects of the proposal
Best option(s) analysis
Identification of possible bottlenecks
Enabling mitigation measures
Increasing transparency, accountability and understanding for interventions
Basis for successful interministerial and public consultation
One of the key success factors for development
28

RIA and the Principles of Public Administration
Key: PDC Principle 10 on evidence based policy making
But also:
 PDC Indicator 2.7.1: Parliamentary scrutiny of
government policy making
 Service Delivery, e.g. Indicator 5.1.1 Citizen-
oriented service delivery
 Generally also PFM and Accountability Principles
29

EU and OECD IA Practice
• European Commission Better
Regulation Portal:
https://ec.europa.eu/info/law/law-
making-process/planning-and-
proposing-law/better-regulation-
why-and-how_en
• EU as world leader for Impact
Assessment and Better Regulation
30

Launching the discussion: Mr. Lothar Hahn
SIGMA Expert

How could Guide II be implanted in Institutions?
 Acceptance of “Quality needs Time” principle
 Acceptance of Distribution of Tasks in complex cases
 No legal drafting without Concept Paper
How can RIA be (gradually?) introduced
 Organisational requirements (De-/Centralisation?)
 Skills development
 Data resources
33
Plenary Session on Guide II

34
Institutional set up of the legislating process
9 Stages of the process Actors
Project
management
and control
1 Initiation
Head of Legislation
Top position (e.g. Prime Minister, Minister, Head
of Agency)
Head of
Legislation
2
phase 1 (draft)
Head of Project
Senior official (e.g. Deputy Minister; Counsellor to
Minister; Head of Strategic Planning; Head of
Legal Support) plus team (incl. external resources)
Head of Project
3
Impact assessment
phase 1 (on concept)
Head of Assessment
Technical expert, scientific researcher plus
team (incl. external resources)
4
phase 2 (final)
Head of Project
plus team
5
phase 1
Legal expert (e.g. Head of legislative support unit)
plus team
6
Impact assessment,
phase 2 (on legal text)
Head of Assessment
plus team
7
phase 2 (review)
plus team
8 Enactment
Head of Legislation
plus team
Head of
Legislation
Head of Project
plus team
Head of Project
Individual modules in relation to the 9 stages of the process

35
Central Impact Assessment Unit
under the PM Office
(ERRADA ?)
Options for Organisation of Impact Assessment
Head
of
Project
–
permanent
unit
(in
Strategic
Planning
&
policies
or
Legislative
Support
unit)
Centralised
De-centralised
Evaluation and Follow-up units in all
the Legislating Bodies
Transition
?
Temporarily ?
RIA Institutional set-up

36
Round Table Discussion: “Towards a strong legal framework and practice”
Dr. Sherifa Sherif - Executive Director at the National Institute for Governance and Sustainable Development, Professor of Public
Administration, Faculty of Economics and Political Science, Cairo University and member of the United Nations Committee of Experts on Public
Administration (CEPA).
Dr. Ziad Bahaa-ElDin - Former Deputy of the Prime Minister, former chairman of GAFI, former chairman of ERRADA
board of trustees, lawyer and expert on financial law, investment and company laws, governance, compliance and economic
legislation.
Dr. Tarek Hamza- Legal expert, former Executive Director of ERRADA
Dr. Mohamed Sameh Amr – Chairman of Egypt’s Delegation of The UNESCO’s Executive Board, Member of ICSID Panel
ofArbitrators & Conciliators, Professor and Chair of International Law at Cairo University. Founder & Managing Partner ofAmr and Partners Law
Firm, Cairo, Egypt.
Dr. Sabri El Shafeay – Head of Policies & Legislative Department atThe Industrial Development Authority (IDA).

Legislation Regulating Industry
in Egypt
37

38
The Purpose
 The most important government institutions concerned with the industrial sector .
 Shedding light on the legislation regulating the industry .
 Clarify the government's current direction regarding industrial legislation .
 Cooperation with SIGMA/ERRADA regarding these legislations from the perspective of Guide II.

Content
39
First : The IDA and its role in reviewing and drafting legislation related to industry.
Second : Concerned government agencies/related to the industrial sector in Egypt.
Third : An overview of the most important legislation regulating the industrial sector.
Fourth : Constructive cooperation in the legislative field with SIGMA/ERRADA.

40
IDA is the executive arm of the Ministry of Trade and Industry (MTI) responsible for :
 Regulating and mamaging industrial activity in the ARE
 Implementing industrial policies set by the MTI and its affiliates
 Land development policies for industrial purposes and make them available to investors
 Facilitating Obtaining industrial licenses and industrial registry
First: The Industrial Development Authority
And its role in reviewing and drafting industrial legislation
First: The Industrial Development Authority

41
Continued : The Industrial Development Authority
In order to achieve this goal, IDA may:
 Study legislation related to the industry and suggesting what is appropriate.
 Setting conditions and rules related to:
• Deciding on applications for the establishment of industrial zones
• Determining the lands allocated for industrial purposes and the rules for its exploitation
• Establishing, accommodating and developing industrial zones through the private sector
• Approvals and licenses
• Enhancing investors within the industrial zones

42
Continued : The Industrial Development Authority
The most important legislation regulating the work of the Industrial Development Authority:
 Industrial Register Law No. 24 of 1976
Which organized the procedures and rules for granting the industrial registry.
 Law No. 83 of 2016.
Concerning the amendment of some provisions of Law No. 7 of 1991
regarding some provisions relating to private state property. Which stipulates
that the General Authority for Industrial Development shall manage, use and
dispose of the lands allocated for industrial development purposes.

43
 Law No. 15 of 2017 on Facilitating Procedures for Granting Licensing Industrial
Establishments
Which organized the procedures and rules for obtaining industrial
operating licenses.
 IDA Law No. 95 of 2018.
It was organized into four chapters dealing with the definition of IDA ,its
objectives and role, and the mechanisms for disposing of plants designated
for industrial activity.
Continued : IDA

44
1- Entities operating under MTI .
 Industrial Development Authority (IDA)
 Authority for Industrial and Mining Projects
 General Organization for Standardization and Quality
 Industrial Modernization Center (IMC)
 Industrial Control Authority (ICA)
 Department of Productivity and Vocational Training
Second : Concerned /relevant government agencies industry sector in Egypt

45
1- Entities operating under The Cabinate.
 Micro Small and Medium Enterprises Development Agency (MSMEDA)
 General Authority for Investment and FreeZones (GAFI)
 Upper Egypt Development Authority
 National Agency for Sinai Development
 Economic Zones Agency
Continued : Concerned /relevant government agencies industry sector in
Egypt

46
 Law No. 21 of 1958 regulating and encouraging industry
 Law No. 251 of 1953 establishing a Textile Industry Support Fund
 Law No. 5 of 1957 establishing the Silk Textile Industry Support Fund.
 No. 15 of 2017 on facilitating Procedures for Granting Licensing for Industrial
Establishments
 Law No. 24 of 1977 on the Industrial Register
 Industrial Development Authority Law No. 95 of 2018 .
Third: Legislation regulating the industrial sector

47
 Law No. 5 of 2015 on prefering Egyptian products in governmental contracts.
 Law No. 70 of 2019 of Federation of Egytian Industries.
 Law No. 59 of 1979 of Urban Communities.
 Law No. 14 of 2012 on the Comprehensive development for Sinai.
 Law No. 143 of 1981 on desert lands
 Law No. 159 of 1981 on joint stock companies, limited partnerships by shares, and
limited liability companies.
Continued: Legislation regulating the industrial sector

48
 Law No. 72 of 2017 on Investment
 Law No. 152 of 2020 on developing MSMEs
 Law No. 83 of 2002 on Special Economic Zones
 Law No. 119 of 2008 on Construction
 Law No. 157 of 2018 on the Establishment of Upper Egypt Development Authority
 Industrial Development Authority Law No. 95 of 2018
Continued: Legislation regulating the industrial sector

49
 Law No. 7 of 1991 regarding some provisions relating to private state property
 Tax laws :
o Income Tax No. 91 of 2005
o Tax on Built Real Estate No. 196 of 2008
o Value Added Tax No. 67 of 2016
 Waste Management Regulation Law No. 202 of 2020
Continued : Legislation governing the industrial sector

50
 In the last quarter of 2021, the Egyptian government launched the
implementation of 100 proceedures to enhance industry.
On top of the 100 procedures were:
1. A deep and comprehensive revision of Law 21 of 1958 in line with
updates of both local and international industrial sector.
2. Reviewing the mechanisms for implementing Law No. 15 of 2017 to
facilitate procedures for obtaining industrial approvals and licenses.
Egyptian government directions of industrial legislation

51
 SIGMA is cooperating with IDA in many activities in the field of
administrative and organizational reform in Egypt since 2015,
together with ERRADA, the main partner of the project.
 It made great contributions that resulted in Law No. 15 of 2017
on Facilitation of Procedures for Granting Licenses to Operate
Industrial Facilities
Fourth: Legislative Cooperation with SIGMA and ERRADA

52
Continued: Legislative Cooperation with SIGMA/ERRADA
Targeted cooperation projects:
The first project: Overcoming the administrative obstacles facing investors in Egypt
 The aim of the project :
Develop a set of survey tools for administrative obstacles to avoid them and
develop the business climate in Egypt .
 Sources of data collection to assess the current situation from:
(Business associations - individual companies - administrative service providers ).
 Outputs:
• Analysing the collected data and defining reasons
• Providing recommendations to solve the problem
• Reorganizing the administrative procedures and the work cycle in the
administrative body and setting up new work mechanisms

53
Second project:
 Supporting the subsequent assessment of the industry's primary and
secondary legislations complementary to IDA related legislation.
 Assessing the effects of laws by applying the Regulatory Impact analysis tools
included in the Secondary Legislation Development Manual (Guide II )

54
 Third project: Development of secondary legislation.
 The aim of the project :
- Implementation of Guide II in the Egyptian context.
- Drafting secondary legislation complementing IDA laws
Outputs :
Presenting options for preparing a roadmap for a legislative project in
accordance with best practices and international standards for "good
management ".

55
Fourth project:
Drafting a unified legislation for the industry addressing everything related to the
industry, including:
- Organizing the relationship between the different parties and defining their roles
without overlapping.
- Establishing unified rules that apply geographically and qualitatively to the various
industrial sectors .
- Establishing supportive and influential incentives to maximize the value added of
Egyptian industry.
Continued: Legislative Cooperation with SIGMA / ERRADA

56
Round Table Discussion: “Towards a strong legal framework and practice”
Dr. Sherifa Sherif - Executive Director at the National Institute for Governance and Sustainable Development, Professor of Public
Administration, Faculty of Economics and Political Science, Cairo University and member of the United Nations Committee of Experts on Public
Administration (CEPA).
Dr. Ziad Bahaa-ElDin - Former Deputy of the Prime Minister, former chairman of GAFI, former chairman of ERRADA
board of trustees, lawyer and expert on financial law, investment and company laws, governance, compliance and economic
legislation.
Dr. Tarek Hamza- Legal expert, former Executive Director of ERRADA
Dr. Mohamed Sameh Amr – Chairman of Egypt’s Delegation of The UNESCO’s Executive Board, Member of ICSID Panel
ofArbitrators & Conciliators, Professor and Chair of International Law at Cairo University. Founder & Managing Partner ofAmr and Partners Law
Firm, Cairo, Egypt.
Dr. Sabri El Shafeay – Head of Policies & Legislative Department atThe Industrial Development Authority (IDA).

Additional Slides
in case any detailed input required
during discussion
57

Session 3 - The working modules of the legislative process
Module I: Top decision-making – “Head of Legislation”
Guide 2.4, mg# 1 - 21
58
Module I
Head of Legislation
Top position (e.g.
Prime Minister,
Minister, Head of
Agency) plus team
Stage 1
Initiation
Policy making:
Identifying legislative
impulses; taking basic policy
decisions; issuing Mandate to
Develop Secondary
Legislation
Stage 8
Enactment
Completion of the process
Final control of the draft legal
text; signature; initiation of
the publishing procedure

59
MODULE I – Initiation, Policy setting and Enactment
 Initiation of Legislative Process (Stage 1)
 Legislative Impulse
 Taking TOP Policy Decision
 Issuing the Mandate for Conducting a Legislative Development Process
 Enactment of Draft Secondary Legislation (Stage 8)
 Official Endorsement
 Mandate for Publication

Module II: Conceptual and operative work – “Head of Project”
Guide 2.5, mg# 1-9
60
Module II
Head of Project
Senior official (e.g.
Deputy Minister;
Counsellor to
Minister; Head of
Strategic Planning;
Head of Legal
Support) plus
team
(incl. external
resources)
Stage 2
Conceptual work, phase 1
Problem analysis; setting objectives;
finding solutions; Draft Concept
Document
Stage 4
Conceptual work phase 2:
Review of Draft Concept in the light of
RIA; consultation with stakeholders;
legal review; Final Concept Document;
Stage 9
Research:
Monitoring of implementation of
enacted legislation; data collection;
assessment; maybe proposal for
amendment process and reiteration of
stage 1–8)

61
Head of Project
Project Support Resources (optional)
Legal Officer
Permanent Legislation Development Team
Organisation &
Admin. Officer
Admin.
Secretariat
Institutional set-up

62
Head of Project
(Permanent Team)
Third Party Support Organisations
Task Force
Full time seconded
Matrix
Part-time seconded
Alternatives of Legislation Development Committees for complex Legislative Projects
Staffs
seconded
from
own
and/or
other
Legislating
Bodies
(Line
Ministries
etc.)

63
MODULE II – Policy Design (Stage 2) Guide 2.5.1, 2.5.2, 2.5.3 ng# 6 - 39
 Problem Analysis
 Core Problem
 Causes and Effects
 involved Stakeholders
 Complexity
 Determining Objectives for solving identified Problems
 Differentiating between Non-/ Legislative Options
 Suitable Solutions for achieving defined Objectives
 Collection of potential Options
 Selection of best-fit Options
 NO Legislative Project without initial Development of a CONCEPT Paper!

64
 Compiling the Concept Document (Stage 2 completion)
 Single Document in straight forward Cases
 Draft and reviewed (RIA) Concept Documents in regular and complex
cases
 Review of Concept after Impact Assessment (Stage 4)
 Stakeholder Consultations
 Guidelines for Legal Drafting and Review of Drafts
 Enactment Process and follow-up Monitoring (Stage 9)
 NO Legislative Project without initial Development of a CONCEPT Paper!
MODULE II – Policy Review and Monitoring Guide 2.5.4 – 2.5.6

Module III: Ex-ante / ex-post RIA - “Head of Assessment”
Guide 2.6, mg# 1- 10
65
Module III
Head of
Assessment
Technical expert
scientific
researcher plus
team (incl.
external
resources)
Stage 3
Research:
Professional studies on impacts of the
Concept based on facts, data,
prognoses (“RIA”); issuing Initial
Assessment Report
Stage 6
Research:
Professional studies on impacts of the
proposed legal text based on facts,
data, prognoses (“RIA”); compiling the
Final Assessment Report

66
MODULE III – IMPACT ASSESSMENT from RIA LIGHT to RIA COMPLETE
RIA toolkit = a flexible methodology
allowing various modifications depending on the concrete case:
 Selection of possible, suitable, necessary and proportional
instruments
 Different depth of research, depending on relevance and availability
of data sought

67
Head of Legal Assessment
Legal Experts Research Experts
Project external support resources
Legal & Regulatory Assessment Team
Institutional set-up Guide 2.3.2.3 mg# 13 - 22

68
Central Impact Assessment Unit
under the PM Office
(ERRADA ?)
Options for Organisation of Impact Assessment
Head
of
Project
–
permanent
unit
(in
Strategic
Planning
&
policies
or
Legislative
Support
unit)
Centralised
De-centralised
Evaluation and Follow-up units in all
the Legislating Bodies
Transition
?
Temporarily ?
Institutional set-up

69
The mandate of the assessment team
• Evidence-based information presented from an objective, neutral
perspective
• Organisational and intellectual independence of the assessment team
ensures professional performance and credibility
• NOT justifying or defending the political concept

• Step 1: Categorising
• Step 2: SME check
• Step3: Implementation plan
• Step 4: Importance
• Step 5: Gathering data & Facts
• Step6: Standard Cost Model
70
Impact Assessment Methodology – 12 Steps for impartial review Guide
Guide 2.6.1, m# 7 - 12

• Step 7: Cost – Effectiveness
• Step 8: Cost – Benefit
• Step 9: Comparative Study
• Step 10:Multi-Criteria Analysis
• Step 11:Necessity
• Step 12:Report
71
Impact Assessment Methodology – 12 Steps for impartial review
Guide 2.6.1, m# 7 - 12

72
ASSESSMENT REPORT REFLECTIONS (Stages 3 & 4)
Guide 2.6.3 mg# 54 - 57
 The Assessment Report must distinguish between:
 the Objectives and their expectable benefits in case of realization
 The impacts associated with implementation of the legislation
 NO room for a political assessment of the relationship between these
two sides
 The weighing of the data, facts, prognoses or opinions presented lies
with the Head of Project
 The final political decision-making authority lies with the Head of
Legislation (e.g. the Minister).
The report must not recommend - but inform.

Module IV: Drafting the legal text – “Head of Legal Drafting”
Guide 2.7, mg# 1 - 13
73
Module
IV
Head of Legal
Drafting
Legal expert (e.g.
Head of
Legislative
Support Unit) plus
team
Stage 5
Transformation to legal text, phase 1
Conceptualising of the legal text;
formulating of the complete text;
Stage 7
Transformation to legal text, phase 2
Review of draft version(s) in the light of
Assessment Report; approval of final legal
text; submission for final endorsement

74
Legal Senior Officer Legal Junior Officer
Project external support resources
Legal Drafting Team

75
MODULE IV – Development of a Legal Draft Proposal Guide 2.7 mg# 1-10
 Phase 1 - Transformation of Concept to Legal text (Stage 5)
 Following the Guidelines stipulated in Concept Document
 Development of Legal Draft Proposal for Assessment &
Review
 Phase 2 - Review of Legal text after RIA (Stage 7)
 Adoption of Change Requests based on Assessment and
Comments
 Submission of Final Draft Proposal to Endorsement

76
Development of a Legal Draft Proposal
 Content of the legal text
 The Rule of Law
Guide 2.7.1 mg# 4 - 10

77
Principles derived from the Rule of Law Guide 2.7.3 mg# 14 - 29
• proportionality
• consistency
• legal certainty and predictability
• stability

78
• Is legislative action necessary at all?
• What is the objective and purpose of the new
secondary legislation?
• What is the normative content of the new
secondary legislation?
• Who is the addressee of the secondary
legislation?
Checklist for preparing the concept of the legislation
Guide 2.7.4 mg# 30

79
Rules on writing texts which readers find easy to understand:
• What do you want to say?
• Be brief!
• Be consistent!
• Be clear, precise, coherent and as simple as possible!
• Be logical!
• Be critical with yourself!
Language of the legal textGuide 2.7.5.1 mg# 32 - 39

80
 Structure, form and style of the text of the legal text
As a rule, the draft shall contain the following parts:
• Title
• Preamble
• Introductory provision
• Articles covering general provisions followed by
detailed subject matter provisions
• Penalties (rarely included in secondary legislation)
• Transitional and final provisions
• Annexes.

Module V: Administrative support – “Head of Administration”
Guide 2.8, mg# 56 - 58
81
Module
V
Head of
Administration
All stages
(cross-
cutting)
Procurement-, contracting-, payment-
services; interministerial communication;
events and venues;
communication with 3rd parties; archiving,
etc.

82
MODULE V – Administrative Support tasks
• Procurement services
 Publishing of terms of reference (see section…) for external experts or other
providers;
 Identification of and communication with expert candidates and applicants;
 Supporting the selection process, timing of interviews, filing of selection
protocols, etc.
• Contracting services
 Preparing contracts for experts or other service providers
• Payment services
 Receiving invoices and checking validity with Head of Project;
 Assigning payments after endorsement (4-eye principle) by Head of Project;
• Communication with 3rd parties
 Supporting the organisation of stakeholder consultations (meeting venues,
participants lists, logistics etc.);

Session 4
Practical exercise Guide 2.4.1 mg# 2-20
Application of Module I, section 2.4.1 of Guide II to the
ERRADA/MoJ “Legislative Initiative”
related to “Simplification of Administrative Procedures”
83

84
The tasks for application Module I
• Introduction to the task (15 min)
 Group work: 3 à 5 participants (30 min)
 Presentation of results (30 min)
 Discussion and conclusion (25 min)
 Template I
Session 4 – Practical exercise

85
Work Process is documented by Templates
 Functionality of Templates:
 Cover-sheet with instructions for each step of the legislative process
 Decision-making focus, guiding the responsible individual
 Documentation of work and reasoning for decisions taken
 Transfer of information to the next step in process
 Legislative Record for Secondary Legislation
 Most possibly in electronic record keeping
 Maintaining underpinned assessments and reports
 Documenting the overall history and development of a subject / area
Session 4 – Practical Exercise

86
Steps of the group work
• Legislative impulses,
Use checklist in Guide II section 2.4.1.1, mg# 8
• Implementing mandate
Use Guide II, section 2.4.1.3, mg# 14 - 18
• Filling Template I
Use Guide II, section 2.4.1, mg# 4 - 5

87
Next steps of the group work
• Presentations
• Discussion and conclusion

88
Outlook for 30 May: Deepening session on RIA
Individual preparatory homework:
• Carry out a problem analysis by using Guide II section
2.5.1, mg# 6 – 18
• Fill Template No. 2, section 2.5.1 mg# 8

89
THANK YOU
and
LOOKING FORWARD TO
SUCCESSFUL APPLICATION OF GUIDE II

90
Definition of Quality
Criteria for Good Quality Legislation:
Efficacy, Effectiveness, Efficiency Necessity
Proportionality Transparency
Accountability Participation
Simplicity Accessibility
Legality Consistency
No Retroactivity Stability

91

92

93

94
Impact Assessment Methodology – 12 Steps for impartial review
 Step 1: Categorising
Draw a first list of possible impacts and structure it by categorising
the impacts into the 5 main categories and their sub-categories
 Step 2: SME check
Due to the political priority and economic relevance of Small and
Medium Enterprise (SME) - carry out the SME check
 Step3: Implementation plan
Review the Implementation Plan for the proposed concept with
regard resources required for implementation and application of the
secondary legislation (setting-up and recurring costs) ;

95
IMPACT ASSESSMENT – 12 Steps for impartial review
 Step 4: Importance
Estimate the importance of the listed impacts and make a
preliminary decision on the depth and breadth of impact
assessment to be carried out for each of them, given its importance.
At this point, it is appropriate to make a preliminary decision as to
which assessment route should be chosen, RIA Light or RIA
Complete;
 Step 5: Gathering data & Facts
Define and carryout the process of gathering data, facts, common
knowledge and reasoned expert opinions (internal or external) that
could be expected to be relevant to the description of the impacts;

96
 Step6: Standard Cost Model
Measure the efficiency of the implementation of secondary
legislation by applying the Standard Cost Model (hereinafter SCM) to
quantify administrative costs that can be incurred by businesses and
individual citizens and also public sector bodies;
 Step 7: Cost – Effectiveness
 Comprehensive costs: administrative costs (see step 6); financial
and immaterial impacts (step 4); setting-up and recurring costs of
public sector (step 3)
 Effectiveness: technical-functional level to which a solution
achieves the defined objective

97
 Step 8: Cost – Benefit
 Comprehensive costs (step 7)
 Benefits: monetary as well as non-monetary advantages strived
for
 Step 9: Comparative Study
Undertake a comparative study to find out, how other legislative
bodies in Egypt or other countries with comparable contexts have
addressed the same or similar subject matter;

98
 Step 10: Multi-Criteria Analysis
In special cases, in particular when costs and benefits cannot be
expressed by monetary figures, a variety of other non-quantitative
criteria can be used to compare the advantages of solutions with the
disadvantages associated with their implementation;
 Step 11: Necessity
Examine, whether non-legislative solutions could be as effective or at
least similarly effective to achieve the set general and specific
objectives;
 Step 12: Report
Elaborate the Assessment Report and submit it to Head of Project;

99
ASSESSMENT REPORT
The Mandate:
 NOT justifying the political concept or commenting whether or not to
implement the solutions in view of the impacts.
 Providing evidence-based information, presented from an objective,
neutral perspective.
 Professional (organizational and intellectual) independence of the
assessment team
 Credibility of the team and its performance

PPT by SIGMA, Regulatory Reform event, Cairo, 31 May 2022

Recommended

Recommended

More Related Content

Similar to PPT by SIGMA, Regulatory Reform event, Cairo, 31 May 2022

Similar to PPT by SIGMA, Regulatory Reform event, Cairo, 31 May 2022 (20)

More from Support for Improvement in Governance and Management SIGMA

More from Support for Improvement in Governance and Management SIGMA (20)

Recently uploaded

Recently uploaded (20)

PPT by SIGMA, Regulatory Reform event, Cairo, 31 May 2022