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Regulatory Impact Analysis Practice in New Zealand in the Light of Models of Evaluation Use – Inspiration for the Polish Government

Abstract

Purpose: The paper describes the functioning of the RIA system in New Zealand using the analogy of RIA and the evaluation of public interventions. Presented solutions can provide inspiration for the Polish government in the process of improving the quality and extent of the use of RIA.

Methodology: The analysis is based on a review of government documents and literature, as well as individual interviews and correspondence with representatives of the government of NZ.

Conclusions: The RIA system in NZ is not error-free and its shortcomings include inter alia the lack of solutions with respect to ex-post analysis and insufficiently rigorous methodological approach. At the same time, a number of solutions can be regarded as good practice, e.g.: regular external quality reviews of RIS, obligation to supplement each RIS with ‘quality assessment’ and a ‘disclosure statement’ outlining their credibility and utility.

Practical implications: The presented strengths of the RIA system in NZ may serve as an inspiration for modifying the RIA system in Poland.

Originality: The RIA system is presented through the prism of the model of evaluation use, which is a related tool of collecting information about non-regulatory interventions

Open access
Regulatory Impact Assessment (RIA) and Rationality of Law – Legal Aspects

Abstract

Purpose: The fundamental aim of this article is to verify an assumption according to which the proper Regulatory Impact Assessment (RIA) is a key factor in the rationality of law. Rational law is a law which is effective and able to realize and achieve social, economic and environmental aims determined and established by the lawmaker.

Methodology: The scope of this paper - which determines its structure - encompasses the definition of RIA, including its specific (but non-legal) forms such as benchmarking and evaluation. As far as we are concerned, these methods can provide - as a kind of Regulatory Impact Assessment - a significant tool for measuring the rationality of regulations. Furthermore, the usefulness of benchmarking and evaluation has been recognised by representatives of jurisprudence. We will also explain the concept and the assumptions of the rationality of law on the grounds and in the light of the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. This should allow to countercheck the main thesis of this paper. The methodology encompasses primary legal methods such as literature, case law and legislation analysis.

Findings: An indispensable condition of the rationality of law is actual elimination of irrational regulations which were not subjected to the Regulatory Impact Assessment.

Practical implications: Although RIA is a problematic issue (in terms of its practical application), it is necessary to carry it out in order to assure the rationality of law. A good and desirable complement to Regulatory Impact Assessment are non-legal methods such as benchmarking and evaluation.

Originality: Originality and value of this survey lies in taking into account the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. Additionally, this paper is original in that it considers non-legal methods in the examination of the rationality of law

Open access
Towards Behaviorally Informed Public Interventions

Abstract

Purpose: This article informs readers about the theoretical and practical origins of the behaviorally informed interventions (BIPI), analyzes examples of the BIPI from different policy sectors and strategies they offer for policy and regulatory design, and discusses applications and implications of BIPI for public interventions

Methodology: This paper is based on a review of literature, as well as an inspection of administrative practices in OECD countries. It encompasses a systematic analysis of scientific papers from the SCOPUS database and a query carried out at the library of George Washington University.

Findings: The traditional approach to public policy research is based on rational choice theory. It offers limited support, because by assuming perfect rationality of policy decisions, it overlooks existence of systematic errors and biases of human decision-making. The authors argue that behaviorally informed public interventions (BIPI) might contribute to improving the effectiveness of a number of public measures - regulation, projects, programs, and even entire policies.

Practical implications: The behavioral approach allows decision-makers to better understand the decisions and behaviors of citizens, as well as to design more effective interventions with minimum effort by adapting the existing solutions to real decision mechanisms of citizens.

Originality: By combining the concepts of traditional approach with the growing behavioral approach, the authors aim to propose a new theoretical framework (BIPI) to be used as a tool for policy design, delivery and evaluation

Open access
Complaining Decreases the Efficiency of Dialogue as a Method of Social Influence

Abstract

Purpose: The aim of the paper is to examine the efficiency of complaining as a method of social influence (Doliński, 2005). In Polish culture, complaining seems to be an efficient technique for initiating a dialogue, potentially increasing the effectiveness of persuasive messages expressed in a conversation.

Methodology: The hypothesis was tested in two natural experiments. In the first one, a random sample of persons (n=246) were asked to let the experimenter through to the checkout counter at a supermarket. The request was preceded either by (1) a dialogue, (2) a complaint, or (3) no prior contact. It was either substantially or seemingly justified. In the second study, customers in a shop (n=46) were invited to pursue conversation initiated with (1) a positive statement or (2) a complaint regarding an extensive range of products.

Findings: Study 1 proved that a seemingly justified request preceded by complaining is less effective (65.6 per cent) than a request preceded by a dialogue (93.8 per cent); this result is similar to the result of the control group (53.1 per cent). When the request was substantially justified, both dialogue and complaining seemed equally effective (86 per cent and 90 per cent respectively) - more effective than the results of the control group (46 per cent). In Study 2, positive and negative remarks initiating a conversation triggered similar responses in terms of willingness to pursue the dialogue (73.1 per cent and 78.3 per cent respectively).

Constraints to research: Natural experiments presented in the paper were not controlled for such variables as environmental factors or individual differences.

Originality: Complaining has never been subject to systematized examination as a method of social influence.

Open access
Design and Factors Affecting State Supervision of the Financial Market

Abstract

Purpose: The purpose of the paper is to identify the factors that affect the development of the models of financial market state supervision and to identify the factors that have influenced the evolution of the supervision model in Poland.

Methodology: critical analysis of literature, legal provisions and documents.

Findings: The completely integrated and the fully dispersed model of supervision are located at the opposite ends of the spectrum. A variety of the hybrid models can be identified between them. Factors that affect supervision organization are both economic and non-economic. Factors that have influenced the Polish model of supervision include political aspects, administration costs and, in due course, also the development of the financial market.

Research implications: The variety of state supervision structures, combined with the ambiguity and multiplicity of factors that affect their evolution create a new research challenge. Significant problems in accessing documents have been identified.

Originality: The author presents an overview of models of state supervision of financial markets and factors affecting the evolution and structure of supervision. Conclusions drawn from the analysis were used to identify factors that influence the evolution and supervision of the Polish financial market.

Open access
Dimensionality of Leadership in the Perceptions of Senior Human Resource Executives in Poland

Abstract

Purpose: Sixty-five HR general managers representing companies from a variety of industries took part in the research that we conducted between April and October 2013. They had identified leadership development as the most significant factor in the growth of the top firms in Poland’s economy. We have conducted in-depth interviews to understand the perception of the leadership concept. We have found that they tend to focus on the following dimensions of leadership: conveying a vision, inspiring, being charismatic, being credible, being able to manage others, and having good interpersonal skills.

Research limitations and implications: The main limitation of the research is that it does not allow for generalization of findings on perceived dimensionality of leadership on larger population of HR Executives. Our findings imply that leadership development will soon be a strong priority among HR teams of 500 largest companies, but several dimensions are not present in their description of leadership.

Originality/value: Our paper makes three contributions to the literature. We have developed a managerial attention view of the firm by surveying senior HR executives. CEOs, CFOs, and top management teams tend to be subject of studies in this theoretical tradition more often than HR executives, Another contribution is the use of mixed methods that is rather rare yet offering vast opportunities for triangulation and knowledge building in the discipline. Our third contribution is that we applied a standard scale of the multidimensional leadership concept.

Open access
Impact of the Council Directive on Requirements for Budgetary Frameworks of the Member States on the Polish Public Finance System

Abstract

Purpose: The paper discusses the validity of the thesis according to which Polish budgetary framework in place in 2011 required only minor adjustments in order to be consistent with the principles set forth in the EU Council Directive on requirements for budgetary frameworks of Member States adopted in November 2011. Basic elements of the budgetary framework laid down in the Directive had already been provided for in Polish law.

Methodology: A comparative analysis of the provisions of the Directive with relevant acts of Polish legislation, including the Public Finance Act, was carried out. The author outlines the Polish budgetary framework before 2011 and the most important adjustments introduced by the end of 2013 on the basis of the budgetary framework structure set forth in the Directive.

Findings: The assessment of the convergence of provisions encompassed definitions, accounting, statistics, forecasts, numerical fiscal rules, medium-term budgetary frameworks, transparency and consistency. Its results demonstrate that Polish regulations complied with the provisions of the Directive. In order to confirm their correctness, an assessment of the practical application of recent adjustments, which entered into force in 2014, must be carried out.

Constraints to research: The analysis addresses the main concepts and their most important characteristics, and therefore a synthetic approach to the subject required omitting a number of specific issues.

Originality: The paper analyses the convergence of the Polish budgetary framework in 2011 and its subsequent adjustments to the provisions of the Directive of the EU Council requiring Member States to amend their legislation by the end of 2013.

Open access
An Influence of Strategic Awareness on Management Control: Evidence from Polish Micro, Small and Medium-sized Enterprises

Abstract

Purpose: The paper investigates whether employees’ strategic awareness influences the shape of management control systems (MCSs) in Polish micro, small and medium-sized enterprises (mSMEs).

Methodology: The study is based on data obtained from 223 companies between November 2010 and January 2012. The quantitative analysis used a set of variables which depicted MCSs: ‘goalsetting process’, ‘control framework’ and ‘organisation of control’. Strategic awareness was considered an independent variable.

Findings: The results showed positive correlations between strategic awareness and considered variables. Regression models developed by the authors proved statistically valid. The study evidences, that increasing employees’ strategic awareness stimulates their participation in goal-setting, contributes to the development of more comprehensive MCSs, or may even imply formalisation of management control.

Research limitations: The study does not include an analysis of the extent to which employees find MCSs useful in their work. This will be considered in future research. Another possible extension of the project is to identify factors which enable the capturing of the dynamic character of MCSs and their changes over time.

Practical implications: The knowledge of MCSs does not explain whether or not the strategic orientation of a company stimulates a need for MCS. Such knowledge may be important to managers who have to face Polish employees’ general aversion to control.

Originality: The study contributes to the limited body of knowledge in a scope of relations between employees’ strategic awareness and control mechanisms in Polish mSMEs.

Open access