- •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
4.5.3. Performance-related information
Although all countries have moved to a performance-oriented budget system to at least some extent,15 law does not specify the need to present performance-related information. In Sweden, the State Budget Act simply requires that the government reports to Parliament on the objectives for, and the results achieved, in various areas of operations. This generally worded article, adopted in 1996, merely confirmed results-oriented budget practices that were becoming increasingly widespread as from the late 1980s.
4.5.4. Other information required by law
In general, there are very few legal requirements, apart from in the debt area. In Sweden, under the Instrument of Government Act (s. 9:10) the government is not allowed to borrow or to assume other financial obligations without prior consent of Parliament. The State Budget Act includes more detailed rules for the making of commitments and the issuance of guarantees. The State Borrowing and Debt Management Act requires the government to prepare annual guidelines for debt management, consistent with debt objectives established by Parliament (Sweden National Debt Office, 2002).
No country imposes a legal requirement to report tax expenditures to Parliament as part of the annual budget. This is an important omission if expenditure ceilings are used for expenditure control purposes, as those limits may be breached indirectly should tax expenditures increase (for Sweden, see Roseveare, 2002, p. 10).
Similarly, the reporting of major risks in the budget is not obligatory in law. In practice, only two of the four countries – Finland and Norway – report identifiable risks when presenting the budget (OECD, 2003, Q.2.7.a). In Norway, the risks discussed are mainly macroeconomic risks – the risks associated with particular budget items (for example, entitlement benefits) are normally not identified.
4.6. Parliamentary committees and budget procedures in Parliament
Parliamentary committees play a critical role in the budget approval processes in all four countries, but the degree to which these processes are specified in law or parliamentary regulations varies considerably. Draft budgets are first considered by committees and then approved by the full legislatures. These steps are not embodied in law, except in Finland and Sweden. Specifically, the Finnish Constitution requires that the draft budget be considered by Parliament’s Finance Committee, which is one of four standing committees named in the Constitution (s. 35). Sweden’s Parliament Act provides the Committee on Finance with wide-ranging competencies in money, credit, debt and public finance, including examination of the
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IV. FOUR NORDIC COUNTRIES
estimates of State revenue, budget co-ordination, government accounting, audit and administrative efficiency (s. 4.6.2).16 In both Denmark and Finland, the constitution specifies that appropriation acts cannot be delayed between readings. In Norway, there is a lack of any constitutional provisions for parliamentary budget approval procedures.
In all countries, parliamentary regulations or law (Sweden only) supplement, or fill the void of, constitutional provisions regarding parliamentary committees. In Norway, parliamentary Rules of Procedure (Norway Parliament, 2004) provide the basis for specifying the budget responsibilities of parliamentary committees. In particular, the responsibilities of the Standing Committee on Finance and Economic Affairs and procedures for adopting the budget are extensively laid out. Its competencies include examination of matters relating to economic, monetary and fiscal policies, inclusive of taxes and duties, national insurance revenues, State guarantees, the fiscal budget and the national budget (s. 12.2). The fiscal budget is received by Parliament in early October. Reflecting the top-down budgeting process introduced in 1997, “no later than November 20, the Standing Committee on Finance and Economic Affairs shall recommend budget limits for each ministry’s spending programmes, as well as propose recommendations on taxes, duties and block grants to municipalities” (s. 19). Parliament shall, within one week (i.e. by 27 November), make a resolution on binding budget limits for the various aggregates. Thereafter, the other standing committees examine spending programmes and may propose amendments. The Standing Orders are clear: recommendations for changes of chapters or items in each separate spending programme are allowed, provided they do not deviate from the limits decided by Parliament (limits are established for 21 spending areas). This second stage – beginning in late November – must be completed by 15 December (s. 19). Budget resolutions made by Parliament at this stage are final. Comparable rules are laid down in Sweden’s Parliament Act. In contrast, in Denmark the role of the Finance Committee is not specified in the Standing Orders of Parliament (Denmark Parliament, 2001). These Orders formally delegate this task to the Standing Orders Committee.
Each Nordic country has a tradition of close collaboration and working relationships between parliamentary committees and the offices of the executive branch. Ministries of finance generally provide the necessary advice to parliamentary committees in a professional manner. In Norway, Parliament has revitalised its own control functions, including by introducing public hearings to parliamentary committees, extending question time in plenary sessions, and expanding the audit function (Christensen et al., 2002). In Sweden, Parliament’s general investigating staff, which amounts to 35, supports the parties and Members of Parliament in budgetary matters.
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IV. FOUR NORDIC COUNTRIES
4.7. Parliamentary amendment powers, coalition agreements, two-stage budgeting and fiscal rules
Finland’s Constitution is the only one of the four constitutions that states explicitly that Parliament has authority to propose amendments to the draft budget. In contrast to, say, the constitutions of France and Spain, in none of the four Nordic countries does the law limit the extent of parliamentary amendments to the draft budget. In practice, Parliaments take advantage of these powers and regularly modify the budget proposed by the executive. However, in Denmark and Finland, agreements between the political parties establish non-legally binding guidelines on the direction of change of major fiscal aggregates (for Denmark, see Blöndal et al., 2004; for Finland, see Blöndal et al., 2002). In Finland, not only may the Finance Committee propose amendments to the draft budget, but also, during the plenary session, members may propose amendments. When this happens, the budget bill is returned to the Finance Committee, which may concur or propose further amendments (Rules of Parliament, s. 59).
In Sweden, although in principle Parliament has unlimited powers to amend the government’s proposal, in practice there are strong restrictions. Decision making in Parliament follows a typical top-down procedure. When Parliament prepares the budget in the autumn (September-November period) there is already an overall restriction – the State expenditure ceiling decided earlier in the spring. After preparation and discussion in the Committee on Finance, Parliament first decides on the expenditure ceiling for the year t+3. Next, it fixes the amount of money to be allocated to each of the 27 expenditure areas for the upcoming fiscal year. Parliament also makes an estimate of the State revenues. These issues are settled in one vote in the chamber. After this decision, which is usually made about 20 November, the specialised committees discuss the detailed allocation of funds between the appropriations within each expenditure area. At this stage they are not allowed to exceed the limits decided by Parliament, but they may reallocate funds between appropriations within the respective expenditure area. When each committee has reached an agreement a proposal is submitted to the chamber where the detailed allocation of funds to all the appropriations within one expenditure area is settled in one vote. The final decisions are usually taken in mid-December. This top-down procedure and the voting procedure may increase the possibilities of a strong minority government getting the draft budget approved with few changes. Furthermore, since 1994 the minority government has co-operated with one or two political parties and negotiated the content of the draft budget before it has been submitted to Parliament in order to ensure a reliable majority. Consequently in recent years Parliament has approved few changes to the submitted draft budget.
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Norway also usually has coalition governments. However, fiscal management objectives are quite different from the other three countries, given the important place of oil revenues in the economy. The government’s main challenge is to ensure that fiscal policy is sustainable in the long run, given a starting position of very large overall government surpluses (15% of GDP in 2000) and the long-term need to finance future obligations in relation to old age and disability pensions (Norway Government, 2001). The main issue is the speed and time profile of spending oil revenues. In this context, the government has established a fiscal policy rule of allowing the non-oil budget deficit to equal, over time, the projected long-run real return on the Government Petroleum Fund. During 2002-04, the use of oil money exceeded the expected real return to the Fund (OECD, 2004). However, the guidelines allow year to year deviations to smooth market-based swings.
In summary, the government’s supporting parties in Parliament have an incentive to vote in favour of the government’s proposed budget – it would be politically too costly to leave the coalition or the co-operation between parties. In the case of Finland, the president could veto the adopted budget. However, should Parliament re-adopt the budget law without material alteration, it enters into force without presidential confirmation (Constitution, s. 77).
4.8. Supplementary budgets
The constitutions of three of the four countries authorise the government to propose a supplementary budget. In Finland, a supplementary budget requires justification. The Constitution also allows any Member of Parliament “to submit budgetary motions for budget amendment immediately linked to the supplementary budget” (Art. 86). In Sweden, “the Riksdag may revise its revenue estimates for the current budget year, alter appropriations already approved and determine new appropriations in a supplementary budget” (Instrument of Government Act, Art. 9.6). The Swedish government regularly submits supplementary budgets for the current fiscal year in the spring fiscal policy bill in April and in the budget bill in September. Neither the budget bill nor the spring bill are adopted as laws – they are simply decisions.
In Denmark, a practice has developed whereby the Finance Committee of Parliament approves government requests to modify budgetary appropriations during the course of the year. At the end of the year, all approved requests are cumulated into a supplementary appropriation bill. On a strictly legal basis, it is questionable whether this practice is constitutional, since the Constitution specifies that “no expenditure shall be defrayed unless provided for by a finance act passed by the Folketing or by a supplementary appropriation act” [s. 46(2)]. In Norway, Parliament’s power to adopt supplementary budgets is implicit, not explicit – the Constitution simply specifies that “it devolves
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