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What Factors Explain the Quality of Environmental Impact Assessments?

Environmental Policy
Regulation
Quantitative
Decision Making
Empirical
Niko Vartiainen
University of Eastern Finland
Anssi Keinänen
University of Eastern Finland
Niko Vartiainen
University of Eastern Finland
Niko Vartiainen
University of Eastern Finland

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Abstract

The quality of law drafting has been approached in many different studies and from many different angles in recent decades. However, knowledge about the factors affecting the quality of law drafting is mostly theoretical, qualitative and descriptive. Studies have also less frequently used measurements that simultaneously enable in-depth quality assessment and generalizable results using quantitative methods. The purpose of this study is to contribute to filling this research gap. We examine the quality of law drafting from the perspectives of regulatory impact assessment (RIA) and evidence-based decision-making. The aim is to examine which factors explain the quality of RIA’s. To measure the quality of RIA, we have scored approximately 150 Finnish impact assessment documents from 2019–2025 related to environmental impacts. Every document has been graded on a scale between 1 and 5. Scoring is based on how well the impact assessment succeeds in convincing that the proposed regulation will bring more societal benefits than costs. To determine this main criterion, we have used a specific set of auxiliary criteria, related to for example, objectives setting, regulatory alternatives, using evidence, and engaging stakeholders. We explain the quality scores using regression techniques and a set of explanatory variables. Based on regression analyses, we can observe how, for example, the following variables are associated to the quality of impact assessments: policy cycle, ministry drafting the regulation, social significance of the proposed regulation, feedback from the regulatory scrutiny board, whether the regulation is based on a European Union regulation/directive or is purely national. Overall, the results of the study help identify problem areas that can be addressed to improve the quality of impact assessments and increase the overall benefit to society. The results can also be used to improve the democratic decision-making process. In Finland, as in other Western countries, the highest legislative power is exercised by the Parliament. According to the Finnish Constitution, the Parliament has an almost unlimited right to information. Based on the study, we can assess how well Parliament’s right to information is implemented in the law drafting process and by which factors it can be improved. The implementation of the right to information has a strong connection with the ideal of evidence-based decision-making.