In the Netherlands and Switzerland, practice checks have been part of the legislative process for some time. Last year, the German government also initiated them on a pilot basis. Entrepreneurs can report directly on bureaucratic problems they face in implementing legal requirements and discuss their solutions with the relevant authorities in a time-limited, interactive format. A studie conducted by the IfM Bonn indicate that the practice checks can fill a gap in the measures for reducing bureaucracy.
According to a survey of the IfM Bonn eight out of ten business owners see their enjoyment of entrepreneurial activity disappear due to the current bureaucratic burden. Nevertheless, many of these companies are willing to contribute their practical experience with bureaucracy to improve the legislative process. The government has therefore initiated practice checks to improve existing laws by using the practical knowledge of entrepreneurs and public authorities. A study by the IfM Bonn concludes that in Germany these practice checks fill a gap in the measures to reduce bureaucracy. Their increased use is therefore expressly welcomed.
"Practice checks are a time-limited, interactive format. In this format, business owners can report directly – and not through chambers or associations – on the problems they face in implementing certain requirements. At the same time, they can discuss their own solutions and possible implementation facilitations with the executing authorities," reports team leader Dr. Jonas Löher. "However, in order to avoid excessive bureaucratic burdens before they become reality for many entreprenuers it would be desirable if practice checks were not only used for existing laws but also for new legislative proposals."
Practice checks are already obligatory in the Netherlands
Currently, two practice checks have to be initiated per year in each federal ministry. However, the IfM researchers recommend not only increasing the number, but also more firmly embed practice checks in the legislative process. This would enable counteracting emerging excessive bureaucratic burdens at an early stage. The study authors say that it is worth looking beyond national: In the Netherlands, the "SME Check“ has been an integral part of every legislative procedure concerning small and medium-sized enterprises since 2018. In Switzerland, the "SME Forum" is an independent commission of entrepreneurs.
"In order to successfully integrate the practice checks into the legislative process in Germany on a permanent basis, numerous sensitisation and training measures are required at the federal and state ministries. This instrument for reducing bureaucracy requieres a cultural change. The employees in the relevant ministries must be encouraged and empowered for these change", explains Dr. Jonas Löher. Since a large proportion of bureaucratic obligations in Germany nowadays derives from the EU it would also make sense to examine whether practice checks could also be used for new regulations and directives at EU level.
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