Stages of Rulemaking Process

Stages of Rulemaking Process

Introduction

Administrative rule-making is one of the central tools for guiding administrative discretion; it increases predictability in policy-implementation. This article analyses administrative rule-making process through administrative guidelines, and develops concepts for further development of this type of instrument. The article analyses the nature of different forms of administrative rulemaking and explores potential remedies for existing problems.

Tools of administrative rule-making which are at the centre of attention within this article is established either unilaterally by the Commission, as is the case in all three policy areas of EC competition policy, or through forms of negotiated rule-making between the Commission and the Member States in the field of State aid control. One of the reasons for the existence of these two categories in EC State aid control lies in the necessary distinction between control of "new" aids and "existing" aids. The Commission's assessment of new aids is based on the procedural rules as interpreted by the procedural and substantial criteria, which the Commission has set out in its administrative guidelines. "Existing" aid schemes, on the other hand, are dealt with in a more cooperative procedure.

Discussion

In USA, the word "rule" is strictly followed by ISO (International Standardization Organization), that is, a technical document that provides rules, guidelines or characteristics for real needs and potential uses for common or repetitive activities and their results, products, processes or services to obtain an optimal system in a given context, established by consensus and approved by a recognized body.

The rule-making process for implementation; affect the clientele group with opportunities to influence the process in favor, with each section taken individually and rendered into regulations that become effective upon final EPA approval - with the entire process expected to last years. In cases where clientele groups had common interests in quickly reaching goals, such as regulations for cleaner motor fuels, EPA was able to draft rules consistent with Congress's understanding of the law, and uncontested by the council. But in contested sections of the statute, where clientele groups saw the regulations moving in a costly direction, it lobbied the administration for relief. In a number of cases, changes made to original EPA drafts resulted in regulations that were more favorable to industry.

Administrative rule making in the area of competition policy takes place against the background of strong regulatory powers of the Commission. Competition policy is one of the few areas in which Community institutions not only play a role in the legislative process but are also in charge of implementation. The Commission enjoys wide discretion to shape and enforce the policy approach. However, the conditions for enforcement differ in the three policy areas of EC competition policy - antitrust, merger control and supervision of State aids.

Administrative Rule-Making

Administrative rule-making can thus be undertaken either unilaterally or as a result of a cooperative procedure. Cooperative procedures for establishing administrative rules are procedures where either the Member State and the Commission or the Member States amongst themselves need to agree on a position - ...