Research Report
Ⅰ. Background and Purpose of Research
□ Switzerland institutionalized the assembly authority to examine efficacy about national actions in 1999 and is the State, that has carried out Legislative Evaluation actively 20 years ago und that is a model for institutionalization of Legislative Evaluation in Korea to study continually.
□ The federal government submited to the assembly the preliminary report of Ex-Post Evaluation about 16 actions of the Federal Judicial Reform in 2010. This report is very important material to examine efficacy of the Federal Judicial Reform. because the objects of Ex-Post Evaluation are about 300 bills, and a method of phased Evaluation is used during 4 years for Legislative Evaluation; they are evaluated twice during 4 years(2010, 2012)
□ So, this Study aims at suggesting foundational backgrounds for a model of Legislative Evaluation to be suitable for Korea, how to analyze operation of Legislative Evaluation and the process in each phased Evaluations of this case and study an application of concrete methodology and of the process.
Ⅱ. Main Contents
□ Institution of Legislative Evaluation in Switzerland
○ Legislative Evaluation in Switzerland has the cooperation system, which the federal assembly and government collaborated external export each other.
○ The federal assembly can carry out Legislative Evaluation autonomically by the Verwaltungskontrolle and also request the federal government for evaluation oder control the result of evaluation, so that it is an ober-supervisor of the federation.
○ The federal government can carry out Legislative Evaluation autonomically except request of the federal assembly and collect opinions of all the persons concerned with Kantons, so that it is a mediator to lead to sustainable balance and development of the federation.
○ The external export is an academic researcher to carry out Legislative Evaluation actually, and analyze its result, suggests empirical evidence in base on interdisciplinary research, and also a main agent to assure an objectivity of Legislative Evaluation.
□ Methodology of Legislative Evaluation in Switzerland
○ The analyzed Case is the Ex-Post Evaluation about 16 actions of the Federal Judicial Reform in 2007 and its aim is to review whether each actions correspond with “lightening of the Supreme Court, Improvement of protection of a right, simplification of judicial process” or not, and which they are operated normally or not.
○ As a consequence of studying concrete methodology in each phased Evaluation(Plan-Action-Review), a phased Ex-post Evaluation is suitable for revision of law on a large scale and also can assure trust about the results of Evaluation with the period of Evaluation over 4 years.
Ⅲ. Expected Effectiveness
□ A Model of Switzerland regulates Legislative Evaluation in constitution and law, so dass it can be used in base for its institutionalization.
□ When we consider for institutionalization of Legislative Evaluation a cooperative evaluation-system like Switzerland, it is possible to use legislative Organs between national assembly and government in process of Legislative Evaluation, how to work together and review results of Legislative Evaluation each other
□ This way of functionalism in Switzerland is more important to decide the scope of role for Evaluation Organ than to establish the new Organ for Legislative Evaluation, and when we use this way of functionalism, we can anticipate role of Organ for institutionalization of Legislative Evaluation in Korea.
□ Methodology of main case can be used in development of Model for Legislative Evaluation of different laws.