- •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
III.IS THERE AN OPTIMUM LEGAL FRAMEWORK FOR THE BUDGET SYSTEM?
3.9. Stability or predictability
A law should require the budget and public debt objectives to be framed in the context of a regularly updated medium-term budget framework. Commitment of a government to such a framework requires that the rates and bases of taxes and other charges are relatively stable. Thus, when the annual budget estimates are presented to the legislature, a law should require that projections for the years after the budget year should also be presented. Such a medium-term fiscal framework allows the legislature to consider the 12-month budget projections in the light of the longer-term strategy for fiscal policy – the overall balance, total revenues and total expenditures. The law could require the medium-term projections to be formally adopted by the legislature. In particular, the legislature can signal a strong commitment to responsible fiscal management, if it adopts each year updates of its own legally binding medium-term limits on aggregate spending.
A law could also require parliamentary approval of the budget aggregates and the detailed estimates, possibly in two quite distinct stages. First, the balance, total revenues and total expenditures could be adopted. At a second stage (which could be several months later),18 law could require the detailed appropriations of expenditure to be approved. The adoption of separate laws for different expenditures (multiple appropriation laws), or separate budgets for current and capital expenditures (a dual budget system), runs counter to the principle of budgetary unity.
3.10. Performance (or efficiency, economy, and effectiveness)
Budgetary performance has been increasingly stressed in many countries. In general, efficiency is viewed as the paramount criterion for the evaluation of human interaction (Brion, 1999, p. 1043). However, efficiency has been criticised by legal scholars, who argue against its usage as a legal principle.19
If a country has the willingness and capacity to implement a performanceoriented budget system, it should aim for the higher norms embodied in the OECD Best Practices for Budget Transparency. In particular, a law would require the executive to present past and projected performance-related information to the legislature in the context of the presentation of the annual budget and also require budget managers to report on performance to the legislature after the budget is executed. Such a budget system may require changes in the external audit law, or in administrative or employment laws.
Notes
1.Although the reform of the State’s “Financial Constitution” had a domestic origin, the French authorities were keenly aware of reforms – and accompanying laws – that had taken place in Anglo-Saxon countries.
150 |
OECD JOURNAL ON BUDGETING – VOLUME 4 – NO. 3 – ISSN 1608-7143 – © OECD 2004 |
|
III.IS THERE AN OPTIMUM LEGAL FRAMEWORK FOR THE BUDGET SYSTEM?
2.The Brazilian Ministry of Planning, Budget and Management acknowledges the influence on its own law from the EU Maastricht criteria and the fiscal stabilityresponsibility acts in New Zealand and the United States. See http://federativo. bndes.gov.br/Destaques/docs_Pagina_LRF/Ingl0599.ppt.
3. For example, Tanzania adopted a new Public Finance Act in 2000 to replace a 1962 Ordinance, heavily influenced by the Exchequer and Audit Departments Acts of the United Kingdom, which, as in Tanzania today, contained both budget execution and external audit in a single act. By contrast, the United Kingdom, in an effort to separate to the Auditor General more fully from the executive, adopted a new National Audit Act in 1983.
4.Chevauchez (1999) notes that the IMF Code of Good Practices on Fiscal Transparency (IMF, 2001b) was initiated by the United Kingdom Chancellor of the Exchequer during the 1996 annual meeting of the IMF. In 1998, the IMF published its code of good practices, which also included minimum standards – abandoned in later versions of the manual accompanying the code (IMF, 2001a). The OECD developed its best practices in 2000 (OECD, 2002a). These are somewhat more demanding standards applicable to more advanced countries’ budgetary systems.
5.Box 4 of the manual to the code (IMF, 2001c) summarises OECD guidelines on the characteristics of transparent regulations. However, as indicated in OECD country surveys of regulatory reform (see OECD, 2002b), the transparency of secondary law, i.e. regulations, is highly dependent on the clarity of primary law.
6.To limit this risk, the law could require deliberately conservative revenue projections.
7.Law could specify that the legislature approves medium-term expenditure ceilings. A few months after such approval, the approved ceiling for year (+2) would automatically become the starting point for the budget projections for year (+1) of a new budget preparation cycle.
8.As defined in the IMF Government Finance Statistics Manual (IMF, 2001a) or in national accounts.
9.The restricting of extrabudgetary funds could be incorporated in law. For example, the Constitution of Finland requires a supermajority of Parliament for the creation of any new extrabudgetary fund.
10.Under accrual accounting, a distinction is made between expenses and expenditures. The terms used in budget system laws would have to be consistent with the accounting system adopted.
11.For example, in the United States, Buchanan (1997) argued that a constitutional requirement for a balanced budget was necessary to control the burgeoning federal government budget deficit.
12.Proponents in the United States also argue that the federal government should follow the precedent of 49 of the 50 states, whose constitutions contain some kind of “balanced budget” rule. They cite evidence that a state’s general fund surplus is higher in states that have constitutional rules applying to ex post budget balances (Bohn and Inman, 1996). A closer examination of this assertion reveals that in only 36 states are there constitutional references to balanced budget rules (Briffault, 1996, p. 8) and that some states apply the rule only to the budget presented to the legislature. Detractors note that the only state without any constitutional budget rule (Vermont) has a very good record regarding budget balances.
13.Kopits and Symansky (1998) report that, in Germany, the constitutional rules are often not realised and rarely attract a judicial challenge. Similarly, although most
OECD JOURNAL ON BUDGETING – VOLUME 4 – NO. 3 – ISSN 1608-7143 – © OECD 2004 |
151 |
|
III.IS THERE AN OPTIMUM LEGAL FRAMEWORK FOR THE BUDGET SYSTEM?
of the 50 states of the United States have some form of a “balanced budget” requirement in their constitutions, these are frequently broken by using offbudget funds or other “creative accounting” techniques. Briffault (1996) reports that there were no legal challenges during 1978-96. For the only two cases in the 1970s, the challenge was not to the non-compliance with the balanced budget rule per se, but ancillary aspects.
14.Several countries use the annual budget as an occasion for changing previous budget-related laws. In Japan, although the Public Finance Act 1947 requires a balanced budget except for construction expenditure (which may be financed by special bonds), during 1975-96 the government overrode this restriction when adopting the annual budget law, by allowing bond issues for general budget financing. In 1997, a Fiscal Structural Reform Act was adopted. This restored the 1946 legal provision and fixed a quantitative target for the fiscal deficit in 2003 equal to 3% of GDP. However, the 1997 law was abrogated in 1998 when it was clear that the quantitative rules could not be respected.
15.The non-compliance with the Maastricht criteria by France and Germany in their 2004 budgets is an example. When the general government deficits of these two countries exceeded the 3% limit, financial sanctions, in the form of noninterest bearing deposits and their eventual confiscation, should have been applied.
16.Tax expenditures are tax privileges to non-government legal entities that reduce government revenues and which have a similar impact to that of providing a direct subsidy to the beneficiary entity.
17.Quasi-fiscal activities are government financial policies that are carried out by non-government entities (e.g. public goods or services provided by public enterprises at prices below market; subsidised credit by State-owned banks).
18.One legal norm would be to require parliamentary approval of the government’s proposed fiscal strategy at an early stage of the budget preparation, e.g. seven to eight months before the fiscal year begins. Only at a later stage, e.g. one to two months before the fiscal year begins, would parliament approve the detailed estimates.
19.Kirstein, 1999, cites a number of studies in which legal scholars argue against the usage of efficiency as a legal principle in Germany.
Bibliography
Banca d’Italia (2001), “Fiscal Rules”, proceedings of the Research Department Workshop on Fiscal Rules, Central Bank of Italy, Rome, February 1-3.
Boadway, Robin (2003), “The Role of Public Choice Considerations in Normative Public Economics”, in S. Winer (ed.), Political Economy and Public Finance, Edward Elgar, Cheltenham, United Kingdom, pp. 47-68.
Bohn, Henning, and Robert P. Inman (1996), Balanced Budget Rules and Public Deficits: Evidence from the US States, National Bureau of Economic Research Working Paper No. 5533, National Bureau of Economic Research, Cambridge, Massachusetts, United States.
Briffault, Richard (1996), Balancing Acts: The Reality Behind State Balanced Budget Requirements, The Twentieth Century Fund Press, New York.
152 |
OECD JOURNAL ON BUDGETING – VOLUME 4 – NO. 3 – ISSN 1608-7143 – © OECD 2004 |
|
III.IS THERE AN OPTIMUM LEGAL FRAMEWORK FOR THE BUDGET SYSTEM?
Brion, Denis J. (1999), “Norms and Values in Law and Economics”, in B. Bouckaert and G. de Geest (eds.), Encyclopedia of Law and Economics, Vol. 1, Entry No. 0800, Edward Elgar, Cheltenham, United Kingdom, pp. 1041-1071.
Brownlie, Ian (2003, 6th edition), Principles of Public International Law, Clarendon Press, Oxford.
Buchanan, James (1977), Freedom in Constitutional Contract: Perspectives of a Political Economist, Texas A&M University Press, College Station and London.
Buchanan, James (1987), “Constitutional Economics”, The New Palgrave: A Dictionary of Economics, Vol. 1, Macmillan, London, pp. 585-588.
Buchanan, James (1997), “The Balanced Budget Amendment: Clarifying the Arguments”, Public Choice, Vol. 90, Kluwer Academic Publishers, Dordrecht, The Netherlands, pp. 117-38.
Chevauchez, Benoît (1999), “Le Fonds monétaire international et la transparence budgétaire”,
Revue française de finances publiques, No. 67, Librairie générale de droit et de jurisprudence, Paris, September.
Hausmann, Ricardo, and Catriona Purfield (2004). “The Challenge of Fiscal Adjustment in a Democracy: The Case of India”, Working Paper No. 04/168, International Monetary Fund, Washington DC, www.imf.org/external/pubs/cat/longres.cfm?sk=17597.0.
IFAC (International Federation of Accountants) (2004), 2004 Handbook of International Public Sector Accounting Standards, Public Sector Committee of International Federation of Accountants, New York, www.ifac.org/PublicSector.
IMF (International Monetary Fund) (2001a), Government Finance Statistics Manual, Statistics Department, IMF, Washington DC, www.imf.org/external/pubs/ft/gfs/manual/index.htm.
IMF (2001b), Code of Good Practices on Fiscal Transparency, IMF, Washington DC, www.imf.org/external/np/fad/trans/code.htm#code.
IMF (2001c), Manual on Fiscal Transparency, Fiscal Affairs Department, IMF, Washington DC, www.imf.org/external/np/fad/trans/manual/index.htm.
India (2003), Fiscal Responsibility Act, Ministry of Law and Justice, New Delhi, http:// indiacode.nic.in/incodis/whatsnew/Fiscal.htm.
INTOSAI (International Organization of Supreme Audit Institutions) (1977), Lima Declaration of Guidelines on Auditing Precepts, INTOSAI, Vienna, www.intosai.org/ Level2/2_LIMADe.html.
INTOSAI (1992), Auditing Standards, issued by the Auditing Standards Committee at the XIVth Congress of the International Organization of Supreme Audit Institutions, INTOSAI, Vienna, www.intosai.org/2_CodEth_AudStand2001_E.pdf.
Kirstein, Roland (1999), “Law and Economics in Germany”, in B. Bouckaert and G. de Geest (eds.), Encyclopedia of Law and Economics, Vol. 1, Entry No. 0330, Edward Elgar, Cheltenham, United Kingdom, pp. 160-227.
Kopits, George, and Steven Symansky (1998), Fiscal Policy Rules, IMF Occasional Paper No. 162, International Monetary Fund, Washington DC.
Lienert, Ian (2005), Budget Law and New Public Management, IMF Working Paper, IMF, Washington DC, forthcoming.
Milesi-Ferretti, Gian Maria (2000), Good, Bad or Ugly? On the Effects of Fiscal Rules with Creative Accounting, IMF Working Paper WP/00/72, IMF, Washington DC.
OECD JOURNAL ON BUDGETING – VOLUME 4 – NO. 3 – ISSN 1608-7143 – © OECD 2004 |
153 |
|
III.IS THERE AN OPTIMUM LEGAL FRAMEWORK FOR THE BUDGET SYSTEM?
OECD (2002a), “Best Practices for Budget Transparency”, OECD Journal on Budgeting, Vol. 1, No. 3, OECD, Paris, pp. 7-14.
OECD (2002b), Regulatory Policies in OECD Countries: From Interventionism to Regulatory Governance, OECD, Paris.
OECD (2002c), Distributed Public Governance: Agencies, Authorities and Other Government Bodies, OECD, Paris.
Oliva, Carlos (2001), “Fiscal Responsibility Laws: How Broad Should They Be?”, paper presented at an International Seminar on Fiscal Transparency and Responsibility, Brazilian Development Bank, Ministry of Development, Industry and Foreign Trade, Rio de Janeiro, 26-27 November, http://federativo.bndes.gov.br/Destaques/ seminario/Documentos/CARLOSOLIVA.pdf.
Polackova, Hana (1998), Contingent Government Liabilities: A Hidden Risk for Fiscal Stability, World Bank Policy Research Working Paper No. WPS1989, World Bank, Washington DC.
Schick, Allen (2003), “The Role of Fiscal Rules in Budgeting”, OECD Journal on Budgeting, Vol. 3, No. 3, pp. 7-34.
UEMOA (West African Economic and Monetary Union) (1997), Directive N° 05/97/CM/ UEMOA relative aux Lois de Finances, West African Economic and Monetary Union, Ouagadougou, www.uemoa.int.
Voigt, Stefan (1999), “Constitutional Law”, Encyclopedia of Law and Economics, Edward Elgar, Cheltenham, United Kingdom, pp. 529-542, http://encyclo.findlaw.com/ 9100book.pdf.
154 |
OECD JOURNAL ON BUDGETING – VOLUME 4 – NO. 3 – ISSN 1608-7143 – © OECD 2004 |
|
ISSN 1608-7143
OECD Journal on Budgeting – Volume 4 – No. 3 © OECD 2004
PART IV
Case Studies
of Selected OECD Countries
OECD JOURNAL ON BUDGETING – VOLUME 4 – NO. 3 – ISSN 1608-7143 – © OECD 2004 |
155 |
|
ISSN 1608-7143
OECD Journal on Budgeting – Volume 4 – No. 3 © OECD 2004
Canada*
|
Structure of the Case Study |
|
1. |
Overview...................................................................................... |
158 |
2. |
Principles underlying budget system laws .................................. |
161 |
3. |
Legal basis for the establishment and the powers of the actors |
|
|
in the budget system.................................................................... |
162 |
4. |
Legal provisions for each stage of the budget cycle ..................... |
166 |
*This chapter has benefited from comments from: Yvon Besner, Laura Danagher, Catherine Foskett, Mike Joyce, Bob Mellon and John Morgan (Treasury Board); Peter Devries (Department of Finance); Basil Zafiriou (Office of the Auditor General); John Mayne (consultant to the OECD and former OAG staff member); and OECD colleagues including Deborah Roseveare of the Economics Department.
OECD JOURNAL ON BUDGETING – VOLUME 4 – NO. 3 – ISSN 1608-7143 – © OECD 2004 |
157 |
|