Institutional capacities for regulatory reform

Measures to promote regulatory quality are spread across in the Colombian administration and various institutions have taken the lead in these efforts, which could result in duplication and divert resources from key activities. The DNP leads the discussion on regulatory reform; the DAFP has a leadership role in the anti-formalities policy; the MINTIC leads the Government online strategy; the MCIT is responsible for the co-ordination of technical regulations and conformity assessment procedures; the Ministry of Justice and Law is the leader of legal policies; regulatory commissions are in charge of specific economic sectors, and Superintendencias oversee the implementation of regulation.

To date, there is no single institution responsible for promoting regulatory reform across the Colombian administration, which reflects the piecemeal approach to regulatory management. Institutions in charge of regulating operate under a top-down approach to decision making that characterises the Colombian presidential system, rather than to a co-ordinating, single institution with a coherent approach towards regulatory quality. As a result, mobilisation of the whole administration is incomplete and the strong political support for regulatory reform needs to be translated into a more effective way of ensuring that quality principles are observed.

None of the institutions mentioned previously has a clear mandate to perform the functions associated to a regulatory oversight body. It is critical to reflect on possibilities that could lead to the selection of the best option for such an institution.

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