Legitimation durch Gesetzesfolgenabschätzung? Möglichkeiten und Grenzen für die Legitimation staatlichen Verwaltungshandelns / Legitimation through regulatory impact assessment? Possibilities and limitations for the legitimation of public administrative action

Legitimation through Regulatory Impact Analysis? Possibilities and limitations for the legitimation of administrative activities. Over the last years regulatory impact analysis is increasingly used also in Germany to create better targeted and less burdensome state interventions and regulations for the addressees, executing public authorities and concerned third parties. In the center of this contribution is the question, to what extent the current instruments of better regulations used by the federal government, in particular the quantification of compliance costs of regulations for addressees and executing public authorities, are adequate in order to increase the legitimation of administrative activities. The authors investigate the conceptual design of the regulatory impact analysis in terms of adequateness and existing gaps. Moreover the contribution develops suggestions how the incompleteness of the regulatory impact analysis for the area of law execution, which is due to the German federal model delegating the competence for law execution to the Lander, could be overcome.