Parliamentary and legislative indicators for post-legislative scrutiny

Parliamentary and legislative indicators for post-legislative scrutiny
Document for piloting
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22 February 2022
Introduction

As parliaments assume a responsibility to monitor whether the laws they have passed are implemented as intended and have the expected impact, post-legislative scrutiny (PLS) is increasingly recognized as an important dimension within the oversight role and the legislative role of parliament and an integral part of the legislative cycle.

The indicators for PLS aim to measure how effective a parliament is in performing PLS and help parliaments consider options for upgrading or strengthening PLS practices. They are called ‘parliamentary and legislative’ indicators as they include both indicators regarding the role of parliaments in PLS as well as indicators related to the legislative process and the quality of legislation as far as relevant to PLS. The indicators are designed as a tool for self-reflection and recording of current practice that will allow the exchange of good practice and experience. The concept note on the project provides further guidance on applying the indicators.

    The parliamentary and legislative indicators for PLS are structured in four categories.

    1. Framework indicators focus on the law-making process and on executive-legislative relations as the broader framework and context that enable PLS of individual laws. Framework indicators outline both drivers and challenges in the country’s governance system in the way it affects how parliament can conduct PLS.
    2. Parliament system indicators focus on how parliament is organized to conduct PLS, on procedures, structures, and resources dedicated to conducting PLS and on how it exercises PLS as part of its legislative and oversight practices.
    3. Practice indicators analyse how parliament applies its procedures, structures, and resources to effectively conduct PLS. While parliamentary procedures and resources might enable parliament to conduct PLS, the extent to which these are being used in practice and there is political interest are analysed here.
    4. Thematic indicators analyse the legislature’s good governance approach to PLS, and outlines options for mainstreaming crucial horizontal lenses to PLS.