The General Law of Better Regulation provides the framework for regulatory policy. It gives the oversight body, the National Commission for Better Regulation (CONAMER), the authority to promote and supervise the implementation of regulatory management tools such as regulatory impact assessment (RIA), stakeholder engagement, and ex post evaluations, which are mandatory for executive branch entities.
Mexico uses threshold tests to perform analyses proportional to regulations’ expected impacts. It also uses specialised assessments such as effects on risk management, trade, and consumer rights, amongst others. The practice of late stage stakeholder engagement has declined, and early stage consultation is performed ad hoc. With the exception of technical regulations, the practice of ex post evaluations has declined starkly in the past few years.
Mexico could benefit from an independent specialised assessment of the performance of its RIA, stakeholder engagement and ex post evaluation systems, against international best practices, which can provide insights to strengthen these tools’ effectiveness as policy instruments, to enhance the capacity of regulators help achieve underlying policy objectives.
CONAMER has technical and operational autonomy but remains hierarchically subordinate to the Ministry of Economy. CONAMER’s attributions and mandate include advice and support to implement regulatory management tools and the scrutiny of RIAs and other better regulation obligations by regulators and line ministries. The General Bureau of Standards of the Ministry of Economy is responsible for supervising the development of technical regulations, including the consideration of international standards and practices. Draft technical regulations must then follow the general RIA process overseen by CONAMER.
Indicators presented on RIA and stakeholder engagement only cover processes carried out by the executive, which initiates approx. 14% of primary laws in Mexico. There is no mandatory requirement for consultation with the general public nor for conducting RIAs for primary laws initiated by parliament.
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