Regulatory impact assessment (RIA) is mandatory for all primary laws and for some subordinate regulations submitted to the Cabinet of Ministers at the federal level. RIAs are required to include an assessment of impacts on decarbonisation targets, biodiversity, natural resources, and human health. In practice however, a significant number of laws are introduced without impact assessments.
The Federal Public Service Strategy and Support (BOSA) co-ordinates RIA and steers the implementation of better regulation. BOSA is supported by the Impact Assessment Committee (IAC), which provides advice on RIAs upon request by the responsible ministry and reports annually on the quality of RIAs and functioning of the RIA process. Often taking place late, RIAs rarely support decision-making. Belgium does not systematically require an identification and assessment of alternatives to the preferred policy option. RIA could be better used to help decide between policy options. A lack of proportionality criteria within the RIA framework prevent ministries from using resources efficiently by targeting proposals that require more attention.
Based on requirements spelt out across different documents, policymakers are required to consult with stakeholders in the development of new rules. The system of consultation involves different social partners. Public consultation is held on an ad hoc basis by ministries and published on their individual ministerial webpage. Periodic ex post review is mandatory for some legislation and sunsetting clauses are sometimes used. The Court of Audit has undertaken ad hoc in-depth reviews on specific regulatory areas such as agriculture, energy, and youth.
All primary laws/ ▲ Yes ■ Required ● Yes, there is a regulation and a policy
Major primary laws/ ● Yes, there is a regulation
Some primary laws/ ■ Not required but allowed ● Yes, there is a policy
Never/ ▲ No ■ Not allowed