- •Table of Contents
- •Foreword
- •OECD Journal on Budgeting
- •Board of Advisors
- •Preface
- •Executive Summary
- •Sharp differences exist in the legal framework for budget systems
- •Public finance and legal theories do not explain inter-country differences in budget system laws
- •Political variables and legal culture help explain the inter-country differences
- •Norms for budget systems have been issued and many should be in budget system laws
- •Budget system laws are adopted to strengthen the powers of the legislature or the executive
- •Country studies reveal a multiplicity of reasons for adopting budget-related laws
- •Conclusions
- •1. Introduction
- •2. Budget processes
- •2.1. Budgeting: a five-stage process
- •Figure I.1. The roles of Parliament and the executive in the budget cycle
- •2.2. How are the different legal frameworks for budget systems organised?
- •Figure I.2. Different models for organising the legal framework of budget systems
- •3. Can economic theory explain the differences?
- •3.1. New institutional economics
- •3.2. Law, economics and public choice theory
- •3.3. Constitutional political economy: budgetary rules and budgetary outcomes
- •3.4. Can game theory help?
- •4. Can comparative law explain the differences?
- •4.1. Families of legal systems and the importance of the constitution
- •Box I.2. Purposes of constitutions and characteristics of statutes
- •4.2. Absence of norms for constitutions partly explains differences in budget system laws
- •4.3. Hierarchy within primary law also partly explains differences in budget-related laws
- •Box I.3. Hierarchy of laws: The example of Spain
- •4.4. Not all countries complete all steps of formal law-making processes
- •Box I.4. Steps in making law
- •4.5. Greater use is made of secondary law in some countries
- •Table I.1. Delegated legislation and separation of powers
- •4.6. Decisions and regulations of the legislature are particularly important in some countries
- •4.8. Are laws “green lights” or “red lights”?
- •5. Forms of government and budget system laws
- •5.1. Constitutional or parliamentary monarchies
- •5.2. Presidential and semi-presidential governments
- •5.3. Parliamentary republics
- •5.4. Relationship between forms of government and budget system law
- •Table I.2. Differences in selected budgetary powers of the executive and the legislature
- •Figure I.3. Separation of powers and the need to adopt budget-related laws
- •Notes
- •Bibliography
- •1. Introduction
- •Figure II.1. Density of legal framework for budget systems in 25 OECD countries
- •Table II.1. Legal frameworks for budget systems: 13 OECD countries
- •2. Different purposes of the legal frameworks for budget systems
- •Box II.1. Purposes of budget system laws
- •2.1. Legal necessity?
- •Figure II.2. Budget reforms and changes in budget laws
- •2.2. Budget reform: when is law required?
- •2.3. Elaborating on the budget powers of the legislature vis-à-vis the executive
- •3. Differences in the legal framework for the main actors in budget systems
- •3.1. Legislatures
- •3.2. Executives
- •Box II.2. New Zealand’s State Sector Act 1988
- •3.3. Judiciary
- •3.4. External audit offices
- •Table II.3. External audit legal frameworks: Selected differences
- •3.5. Sub-national governments
- •3.6. Supra-national bodies and international organisations
- •4. Differences in the legal framework for budget processes
- •4.1. Budget preparation by the executive
- •Table II.4. Legal requirements for the date of submission of the budget to the legislature
- •Box II.3. France: Legal requirements for budget information
- •4.2. Parliamentary approval of the budget
- •4.3. Budget execution
- •4.4. Government accounting and fiscal reporting systems
- •Box II.4. Finland: Legal requirements for annual report and annual accounts
- •Table II.5. Legal requirements for submission of annual report to the legislature: Selected countries
- •Notes
- •Bibliography
- •1. Have standards for the legal framework of budget systems been drawn up?
- •1.1. Normative and positive approaches to budget law
- •1.2. Limited guidance from normative constitutional economics
- •2. Who should set and monitor legally binding standards?
- •2.1. Role of politicians and bureaucrats
- •2.2. International transmission of budget system laws
- •2.3. International organisations as standard setters
- •Box III.1. The OECD Best Practices for Budget Transparency
- •Box III.2. Constitutional norms for external audit: Extracts from the INTOSAI “Lima Declaration”
- •2.4. Monitoring standards
- •3. Principles to support the legal framework of budget systems
- •Box III.3. Ten principles for a budget law
- •3.1. Authoritativeness
- •Table III.1. Stages of the budget cycle and legal instruments
- •3.2. Annual basis
- •3.3. Universality
- •3.4. Unity
- •3.5. Specificity
- •3.6. Balance
- •3.7. Accountability
- •Box III.4. Possible minimum legal norms for budget reporting
- •Box III.5. Ingredients of legal norms for external audit
- •3.8. Transparency
- •Box III.6. Ingredients of legal norms for government agencies
- •3.9. Stability or predictability
- •3.10. Performance (or efficiency, economy, and effectiveness)
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •Box 1. Canada: Main budget system laws
- •1.2. Reforms of budget system laws
- •Box 2. Canada: Main provisions of the Spending Control Act 1992
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and the powers of the actors in the budget system
- •3.1. The executive and the legislature
- •3.2. Roles and responsibilities of sub-national governments
- •Box 3. Canada: Major transfers from the federal to the provincial governments
- •4. Legal provisions for each stage of the budget cycle
- •4.1. Budget preparation and presentation by the executive
- •Box 4. Canada: Key steps in the annual budgeting process
- •Box 5. Canada: Major contents of the main estimates
- •4.2. Budget process in Parliament
- •Box 6. Canada: The budget approval process in Parliament
- •4.3. Budget execution
- •4.4. Government accounting and fiscal reporting
- •4.5. External audit
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •Box 1. France: Main budget system laws
- •1.2. Reforms of budget system laws
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and the powers of the actors in the budget system
- •3.1. The executive and the legislature
- •3.2. Role and responsibilities of sub-national governments
- •Box 3. France: Key features of the Local Government Code
- •4. Legal provisions for each stage of the budget cycle
- •4.1. Budget preparation and presentation by the executive
- •4.2. Budget process in Parliament
- •4.3. Budget execution
- •4.4. Government accounting and fiscal reporting
- •4.5. External audit
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •Box 1. Germany: Main budget system laws
- •1.2. Reforms of budget system laws
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and the powers of the actors in the budget system
- •3.1. The executive and the legislature
- •Box 2. Germany: Public agencies
- •3.2. Role and responsibilities of sub-national governments
- •4. Legal provisions for each stage of the budget cycle
- •4.1. Budget preparation and presentation by the executive
- •4.2. Budget process in Parliament
- •Box 3. Germany: Budget processes in Parliament
- •4.3. Budget execution
- •4.4. Government accounting and fiscal reporting
- •4.5. External audit17
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •Box 1. Japan: Main budget system laws
- •1.2. Reforms of budget system laws
- •Box 2. Japan: Main contents of the 1997 Fiscal Structural Reform Act
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and the powers of the actors in the budget system
- •3.1. The executive and the legislature
- •3.2. Role and responsibilities of sub-national governments
- •Box 3. Japan: Grants from central government to local governments
- •4. Legal provisions for each stage of the budget cycle
- •4.1. Budget preparation and presentation by the executive
- •Box 4. Japan: The timetable for the budget process
- •Box 5. Japan: Additional documents attached to the draft budget
- •4.2. Budget process in Parliament
- •4.3. Budget execution
- •4.4. Government accounting and fiscal reporting
- •4.5. External audit
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •Box 1. Korea: Main budget system laws
- •1.2. Reforms of budget system laws
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and the powers of the actors in the budget system
- •3.1. The executive and the legislature
- •3.2. Role and responsibilities of sub-national governments
- •Box 3. Korea: Major acts governing the fiscal relationship across government levels
- •4. Legal provisions for each stage of the budget cycle
- •4.1. Budget preparation and presentation by the executive
- •Box 4. Korea: Legal requirements for the timetable for budget preparation and deliberation
- •Box 5. Korea: Other documents annexed to the draft budget
- •4.2. Budget process in Parliament
- •4.3. Budget execution
- •4.4. Government accounting and fiscal reporting
- •4.5. External audit
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •1.2. Reforms of budget system laws
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and the powers of the actors in the budget system
- •3.1. The executive and the legislature
- •3.2. Role and responsibilities of sub-national governments
- •4. Legal provisions for each stage of the budget cycle
- •4.1. Budget preparation and presentation by the executive
- •Box 2. New Zealand: Fiscal responsibility (legal provisions)
- •Box 3. New Zealand: Key steps and dates for budget preparation by the government
- •Box 4. New Zealand: Information required to support the first appropriation act
- •4.2. Budget process in Parliament
- •4.3. Budget execution
- •4.4. Government accounting and fiscal reporting
- •4.5. External audit
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •Box 1. Nordic Countries: The main budget system laws or near-laws
- •1.2. Reforms of budget system laws
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and powers of the actors in the budget system
- •3.1. The constitutions of the four countries
- •Table 1. Nordic countries: Age and size of constitutions
- •3.2. Legislatures
- •Table 2. Nordic countries: Constitutional provisions for the legislatures
- •3.3. The political executive
- •Table 3. Nordic countries: Constitutional provisions for the political executive
- •3.4. Ministries and executive agencies
- •3.5. Civil service
- •3.6. Sub-national governments
- •4. Constitutional and other legal requirements for budgeting
- •4.1. Authority of Parliament
- •Table 4. Nordic countries: Constitutional provisions for the authority of Parliament
- •4.2. Timing of submission of the annual budget
- •4.3. Non-adoption of the annual budget before the year begins
- •4.4. Content of the budget and types of appropriations
- •4.5. Documents to accompany the draft budget law
- •4.6. Parliamentary committees and budget procedures in Parliament
- •4.7. Parliamentary amendment powers, coalition agreements, two-stage budgeting and fiscal rules
- •4.8. Supplementary budgets
- •4.10. Cancellation of appropriations and contingency funds
- •4.11. Government accounting
- •4.12. Other fiscal reporting and special reports
- •Table 5. Nordic countries: Constitutional requirements for external audit
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •Box 1. Spain: Main budget system laws
- •1.2. Reforms of budget system laws
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and the powers of the actors in the budget system
- •3.1. The executive and the legislature
- •3.2. Role and responsibilities of sub-national governments
- •4. Legal provisions for each stage of the budget cycle
- •4.1. Budget preparation and presentation by the executive
- •Box 2. Spain: The timetable for the budget process (based on the fiscal year 2003)
- •Box 3. Spain: The major content of medium-term budget plans
- •Box 4. Spain: Additional documents attached to the draft budget
- •4.2. Budget process in Parliament
- •4.3. Budget execution
- •4.4. Government accounting and fiscal reporting
- •4.5. External audit
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •Box 1. United Kingdom: Main budget system laws
- •1.2. Reforms of budget system law
- •Box 2. United Kingdom: Reforms of the budget system in the past 20 years
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and the powers of the actors in the budget system
- •3.1. The executive and the legislature
- •Box 3. United Kingdom: Executive agencies and other bodies
- •3.2. Role and responsibilities of sub-national governments
- •4. Legal provisions for each stage of the budget cycle
- •4.1. Budget preparation and presentation by the executive
- •4.2. Budget process in Parliament
- •Box 4. United Kingdom: Budget processes in Parliament
- •Table 1. United Kingdom: Format of appropriation adopted by Parliament for Department X
- •4.3. Budget execution
- •Table 2. United Kingdom: Transfers of budgetary authority
- •4.4. Government accounting and fiscal reporting
- •4.5. External audit
- •Box 5. United Kingdom: External audit arrangements
- •Notes
- •Bibliography
- •1. Overview
- •1.1. The legal framework governing budget processes
- •Box 1. United States: Main federal budget system laws
- •1.2. Reforms of budget system laws
- •2. Principles underlying budget system laws
- •3. Legal basis for the establishment and the powers of the actors in the budget system
- •3.1. The executive and the legislature
- •3.2. Role and responsibilities of sub-national governments
- •Box 3. United States: Major transfers between different levels of government
- •4. Legal provisions for each stage of the budget cycle
- •4.1. Budget preparation and presentation by the executive
- •Box 4. United States: Key steps in the annual budget process within the executive
- •Box 5. United States: Other information required by law
- •4.2. Budget process in the legislature
- •Box 6. United States: Legal and internal deadlines for congressional budget approval
- •4.3. Budget execution
- •4.4. Government accounting and fiscal reporting
- •4.5. External audit
- •5. Sanctions and non-compliance
- •Notes
- •Bibliography
IV. FOUR NORDIC COUNTRIES
Box 1. Nordic Countries: The main budget system laws or near-laws1
All four countries:
●Constitutions.
●External Audit Acts.
●Local Government Acts.
Denmark:
●Budget “Guidelines” (issued by the Ministry of Finance).
●Parliamentary (Folketing) Standing Orders.
Finland:
●State Budget Act 1988, with amendments.
●Parliamentary (Eduskunta) Rules of Procedure.
Norway:
●Budget Regulations 1959, with amendments (issued by Parliament).
●Parliamentary (Stortinget) Rules of Procedure.
●Financial Management Regulations 2002 (issued by the King/Cabinet).
Sweden:
●Parliament (Riksdag) Act 1974.
●State Budget Act 1996.
●State Borrowing and Debt Management Act 1998.
1. In addition, borrowing and debt laws have been adopted in Denmark and Sweden.
Source: Mainly Internet sites of ministries of finance, Parliaments and external auditor offices. See, for example, Sweden Parliament (2003). In some cases, the budget laws or regulations are available only in national languages (for example, Denmark Ministry of Finance, 2001).
1.2. Reforms of budget system laws
Budget reforms in Denmark or Norway over the past 20 or so years have been introduced without adopting new laws. Only modifications to the budget regulations of the Ministry of Finance (Denmark) or of Parliament (Norway) have taken place. In contrast, in Finland and Sweden, Constitutions and Parliament Acts (Sweden only) have been modified and State budget acts have been introduced. The main purpose was to provide a legal framework for practices that were already in place, as opposed to being the legal prerequisite needed to usher in, over time, reforms of the budget system. Despite the extensiveness of laws governing the budget processes in these two countries, a number of budget reforms have taken place without changing the formal laws. The government has often introduced reforms by ordinance or decree,
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on the basis of explicit delegated authority. Even when the new budget system laws were adopted, they were designed to provide flexibility in application.
In 1999, Finland adopted a new Constitution after three decades of constitutional debate (Nousiainen, 2004). A major aim of the constitutional reform was to clarify the roles of the president and of Parliament – quite unrelated to the budget. Another aim – the codification and modernisation of constitutional laws – resulted in a number of budget-related provisions being transferred to the Constitution.3 Some provisions, including the requirement of a super-majority of Parliament for the creation of an extrabudgetary fund, are unique in OECD countries.
Changes in budget system laws coincided with a marked improvement in the macro-fiscal positions in Denmark, Finland, and Sweden although there is not a simple causal relationship. Following a sharp deterioration in the early 1990s, Finland and Sweden cut spending strongly, and there was an economic upturn in Denmark, resulting in the elimination of previously high budget deficits and a reversal of growing public debt. In 2003, all three countries were running surpluses on general government transactions – the only EC countries to be doing so (Denmark Ministry of Finance, 2003, Figure 1). In the case of Denmark, since there is no formal budget system law, the improvement did not stem from there. In Finland, the modifications to the State Budget Act, 1988, during the 1990s were relatively minor – even to this day, the law does not require legally binding medium-term expenditure targets. Rather, the fiscal rule adopted was one endorsed by Cabinet, not by Parliament (IMF, 2003, p. 29).
Sweden’s first-ever State Budget Act was adopted in 1996. One objective of the act was to clarify the authority of Parliament and of the government in budget matters (Sweden Government Commission, 1996). Another objective was to strengthen fiscal discipline, which was weak. Prior to adoption of the law, in 1994-95, a fiscal consolidation programme began, laying the foundation for a marked turnaround in the fiscal position. The main innovation was a new two-stage budget process, in which “top-down” expenditure ceilings are first approved by Parliament prior to the adoption of the detailed budget estimates (Sweden Ministry of Finance, 2003). Parliament also approved an overall rolling expenditure ceiling that is politically binding for the government. Although the new law contributed to the improvement in fiscal discipline, non legally-binding coalition agreements between the Cabinet and one to two political parties regarding medium-term fiscal projections and the measures needed to achieve them, have been decisive for the marked improvement in fiscal performance.
Norway’s situation is quite different, given the petroleum sector. The main macro-fiscal management challenge is knowing how to best manage the
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government’s oil resources.4 In this context, a 1990 law established the Government Petroleum Fund for managing oil wealth. Long-term scenarios have been prepared by the government, but not because it is legally bound to do so. The use of resources in the future is decided on practical grounds, including the fact that the resources are non-renewable and that Norway’s aging population will place increasing pressure on the national budget (Norway Government, 2001). Government rules, rather than law, have been established to manage the budget inclusive of transfers from the Government Petroleum Fund (see below, as well as OECD, 2004; Norway Ministry of Finance, 2004).
Law has contributed very little to strengthening the performance orientation of budget systems. Some Nordic countries have had a long history of decentralisation of responsibility in budget management. This is especially the case in Sweden where semi-autonomous agencies under ministries are based on long-standing constitutional provisions. The strengthening of the performance orientation of the budget, with decentralised managers responsible for achieving results, has therefore been less of a cultural shock than in countries that have traditionally had a very centralised and hierarchical system of budget management. Finland differs from the other three countries, as it traditionally had a centralised system of budget management before a “cultural revolution” began in the late 1980s (Blöndal et al., 2002, p. 144).
By law (in Finland and Sweden) or regulation (in Denmark and Norway), Parliament has enhanced the flexibility of budget management by ministries and agencies by introducing change in the legal nature of different types of appropriations. In particular, the law allows more use to be made of “flexible” appropriations: time periods for the use of budget authority have been lengthened (multi-annual appropriations) and the usual rigidity of annual appropriations has been loosened by providing more generous end-year carryover of budget spending authority and, under certain circumstances, borrowing from next year’s budget authority.
Concerning transparency and accountability, unlike some Anglo-Saxon countries, the Nordic countries have not adopted fiscal responsibility acts that impose on governments clear and enhanced legal requirements for fiscal reporting to Parliaments. This is partly because these countries have had a long history of openness. To elaborate on constitutional rights of public access to government documents, freedom of information acts have been adopted in all four countries, in several cases for a long time.5 Sweden also has a Freedom of the Press Act, 1978, under which “every Swedish citizen is entitled to have free access to official documents, in order to encourage the free exchange of opinion and the availability of comprehensive information” (Chapter 2, Art. 1). Although Anglo-Saxon countries also have adopted such acts, their adoption is relatively recent (for example, 2000 in the United Kingdom). A more
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influential reason stems from the different political arrangements compared with the traditional two-party system in Westminster countries. With multiparty coalition governments often in power in Nordic countries,6 the reaching of a coalition agreement is particularly important. In Finland, for example, the 1999 Constitution requires the groups represented in Parliament to negotiate a political and economic programme prior to the nomination of the prime minister and the formation of a government. Thus, coalition agreements between the governing parties – which are public documents – provide the basis for fiscal policy during the life of a Parliament. Concerning the requirements for other disclosures, governments voluntarily provide certain fiscal information, including long-term projections, whereas these are mandated by laws such as fiscal responsibility acts in other countries.
Most Nordic countries have modernised their government accounting systems. Denmark has an accountancy act, adopted in 1984, which refers to the need to account for assets and liabilities, as well as revenues and expenditures. Finland and Sweden also have some generally worded accounting requirements in their State budget acts. In Sweden, all government agencies used full accrual accounting before the State Budget Act was adopted. However, accrual budgeting required the approval of a new law by Parliament. In general, the introduction of accrual accounting was regarded as an administrative matter, being introduced without any modification in existing laws.
In summary, several important budget reforms have been introduced without recourse to law. The tough budgetary decisions that resulted in substantial fiscal stabilisation in the 1990s in Denmark, Finland and Sweden were largely achieved without changing the laws pertaining to budget processes. Strong political commitment to fiscal sustainability, non-legally binding coalition or other forms of political agreements, as well as the suasion effect of the EU’s Maastricht deficit and debt criteria, appear to have been instrumental in attaining macro-fiscal stability objectives. Improvements in allocation and technical efficiency are taking place largely without changes in law. Nonetheless, greater flexibility of budgetary appropriations was introduced by law in Finland and Sweden (but by regulation in Denmark and Norway). In Sweden, the 27 functional expenditure areas, which are important for decision making about allocations, are laid down in law. Thus, although there are a few exceptions, law is perceived to regulate form, not substance. This contrasts with some continental countries, where the reverse is true. Finally, when laws are adopted, they are written in a language that allows for flexibility in implementation.
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