The necessary objectivity in the ex ante evaluation of the quality of norms. Study of the normative impact analysis report on the family

Abstract

This paper deals with Family Impact Assessments from a wider perspective: the quality of legislation and better regulation. It analyses the Reports on Family Impact Assessment laid before Congress along the XII Legislature (2016-2019). From this analysis, it comes clear that Family Impact Assessment regulation in Spain spreads out in a variety of provisions, and the lack of a rational-based regulation is leading to confusion. Additionally, a key point arises: not only the Government should carry out the Reports, but also it should exist an independent body within a wider institutional assessment system, in line with the OECD suggestions, including academics and experts, in order to ensure the reliability of the results. Finally, the lack of a Guidance for Government Departments in carrying out the Family Impact
Assessment (underlined by the Government when submitting to Congress the Report on Family Impact Assessment, along with the Budget Draft for 2019) leads to malpractice in this matter. On this respect, currently valuable academic proposals (bearing in mind the experience of the most advanced countries in this matter) should be considered in order to publish –not too far– a Guidance on Family Impact Assessment, which will lead to a better regulation in this field.