- •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. FRANCE
published, largely at the discretion of the Court of Accounts. Reports of the regional Chambers of Accounts concerning the statutory audit of local authorities are accessible, upon request, to citizens.
4.5.6. Enforcement of findings
The preparation and publication of the responses of ministers and other senior managers to the observations of the Court of Accounts establishes the intentions of audited bodies to follow up. Since 1996, other communications of the Court to ministers have to be submitted to parliamentary committees or commissions of enquiry after a delay for response of three months (Financial Jurisdictions Code, L135-5). In recent years, Parliament has been expressing greater interest in Court-related issues and has been receiving more information than in the past. Finally, although the Court of Accounts is a judicial body, this aspect of its work does not have a major impact on follow-up to its audit recommendations which are normally contained in its reports (as with nonjudicial external audit offices), not in its rulings.
Notes
1.Codification allows new laws, or amendments of existing laws, to be incorporated in a logical and clear legal framework for a specific subject matter. Nearly 60 different codes have been adopted in France.
2.See Bouvier and Montagnier, 2001, p. 49.
3.The hierarchy is as follows: the Constitution, organic laws, ordinary laws (separately or grouped in codes), ordinances (ordonnances), and then presidential, prime ministerial, and ministerial decrees.
4.The legal provisions of the European Union refer to an excessive deficit procedure. However, the reference values of 3% for the deficit and 60% for debt are contained in a protocol which is not legally binding on member countries, who “shall ensure that national procedures in the budgetary area enable them to meet their obligation” (European Union, 1992).
5.Prior to 1946, parliamentarians could introduce new spending without limits (Bigaut, 1995, p. 82). Both the 1946 and 1958 Constitutions prevented Parliament from raising total expenditure. The 1958 Constitution removed Parliament’s power to lower total revenues.
6.During the 1980s and 1990s, the MINEFI used a number of techniques to change budget appropriations without parliamentary authority. These included: introducing by decree “urgent” spending that could easily have been foreseen in advance; carrying over large amounts of budget authority and spending them the next year; and cancelling certain appropriations with little justification. There were also off-budget activities, financed by parafiscal taxes, which were not subject to the same accounting and reporting requirements as the State budget. Such non-transparencies helped trigger the reform of the budget process in the late 1990s (for discussion, see National Assembly, 1999, Part II).
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7.The Senate already approved changes in the 1959 Ordonnance in 1960. However, these were not carried into law. During 1960-2000, the 1959 Ordonnance was modified in only minor ways (notably in 1971 and 1995).
8.In the LOLF, special funds have been maintained as separate “programmes”. A distinction is made between the 132 programmes of the general budget and the 26 additional programmes covering earmarked funds (10), budget annexes (7) and special treasury accounts (9).
9.Even prior to adoption of the LOLF in 2001, several commentators noted the need for a more global approach. See, for example, Auberger, 2001; Bouvier and Montagnier, 2001; and Philip, 2001.
10.Caudal (2004) traces the history of how budget principles became embodied in all constitutions since 1789.
11.Exceptions include: paying appropriations for year n in year n + 1; carrying over appropriations at end-year; and committing certain expenditures in year n – 1, before Parliament approves the budget for year n. In view of these exceptions, the principle applies more to annual reporting than to annual appropriations.
12.Programme managers are listed. See www.lolf.minefi.gouv.fr/architecture/index_ responsables.html.
13.New software to assist ordonnateurs, programme managers, financial controllers, and public accountants in recording and controlling expenditures was expected to be operational by end 2004 (see www.lolf.minefi.gouv.fr/essentiel/index_chan.html). However, due to various difficulties, the ACCORD 2 project was cancelled in May 2004, and the date of 2006 was set for the modification of existing tools.
14.The accountability of ordonnateurs was already specified in the 1948 Law creating the Court of Budgetary and Financial Discipline. The responsibilities of public accountants were specified in the 1963 annual budget law (Loi de finances) (Art. 60).
15.The Minister’s responsibilities have traditionally been wide-ranging. However, there have been times when responsibilities have been narrow. For example, during 1993-95 there was a Minister/Ministry of Economy and a Minister/Ministry of the Budget, as well as a separate minister responsible for industry. See www.finances.gouv.fr/minefi/ministere/index.htm.
16.In 1991 there were 46 ministries or State secretariats compared with 28 in 1967 and an average of 15-20 during 1946-58 (see Rouban, 1995, p. 43).
17.EPIC (établissement public à caractère industriel et commercial) is a commercial or industrial public establishment; EPA (établissement public à caractère administratif) is an administrative public establishment.
18.The unit – the Agency for State Shareholding (Agence des participations de l’État) – was created in 2003. See www.finances.gouv.fr/TRESOR/agence_part_etat.htm.
19.The 1958 Ordonnance No. 58-1110 concerning the functioning of Parliament mentions three evaluation offices, covering: scientific and technological choices; legislation; and health policies.
20.For the Court of Accounts, see section 4.5 on external audit.
21.Including four départements outside metropolitan France (Guadaloupe, Guyane, Martinique, Réunion).
22.See Constitutional Law No. 2003-276 of 26 March.
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23.Although Organic Law No. 2004-758 was adopted by Parliament in July 2004, the law could not be promulgated since the Constitutional Council declared that certain provisions – those relating to the adequacy of local revenues to guarantee “free administration” – were obscure and imprecise (Constitutional Council Decision 2004-500 DC, 29 July 2004).
24.Several mechanisms exist at national level, including direct grants from the State budget, tax-sharing arrangements, and solidarity and equalisation funds. Regional and local levels have similar arrangements (Saidj, 2003, p. 452-454).
25.During the 1990s, municipalities began co-operating with a view to rationalising existing structures.
26.Charges sociales are payroll taxes from an economic viewpoint; from a legal viewpoint, they are social fees.
27.The golden rule (équilibre budgétaire réel) is rigorously enforced by the regional Chambers of Accounts.
28.The Prime Minister may establish a joint committee after one reading in each house. The text agreed by this joint committee is then submitted to both houses, whose proposed amendments have to be acceptable to the government, which has the right to refuse them. These procedures are based on decisions of the Constitutional Council.
29.Ordonnances, which have the force of law, normally need ratification by Parliament. However, for budget laws, the government can adopt them by an ordonnance that does not require parliamentary ratification (Art. 47). This constitutional provision has never been used.
30.See Constitutional Council Decision 79-110 DC at www.conseil-constitutionnel.fr/ decision/1979/79110dc.htm, 24 December 1979.
31.In 1981, following presidential and legislative elections and major changes in the direction of macrofiscal policy, there were four rectifying laws.
32.In the 19th century, ministers (acting as ordonnateurs) were committing expenditures in excess to approved limits. To control commitments, in 1890 the annual budget law required each ministry to record expenditure commitments, with “expenditure commitment controllers” designated by individual ministers. Since these controllers were not independent from the minister, the 1922 law placed all controllers under the central authority of the Ministry of Finance (Bouvier et al., 2002, p. 410).
33.Since many State expenditures are executed outside Paris, the authority to enter spending commitments is delegated to secondary ordonnateurs (e.g. prefects in départements), a process known as délégation de crédit.
34.Legifrance, which is the service that diffuses French laws, considers the Public Accounting Decree as a fundamental text (www.legifrance.gouv.fr/html/aide/ lois_reglements1.htm), the only decree having this status. The 1962 decree is to be updated to make it consistent with the new accounting provisions of the LOLF (Art. 27-30).
35.The LOLF specifies “the last quarter of the ordinary session”. According to the Constitution (Art. 28), the ordinary session begins on the first working day of October and ends on the last working day of June. Normally the budget orientation debates take place during the month of May or June.
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36.The Chamber of Accounts, which verified the accounts of the kings of France, was formally constituted in the 14th century. Three centuries later, the first French Parliament was formally established in the 1791 Constitution (Magnet, 1997).
37.One for each of the 22 administrative regions of France. The Financial Jurisdictions Code establishes special audit arrangements for French overseas départements and other dependencies.
38.See www.ccomptes.fr/FramePrinc/frame01.htm for the internal structure of the Court of Accounts.
39.The first sub-article of Article 58 of the LOLF adopted by Parliament in 2001 required the Court of Accounts to submit its draft annual work plan to Parliament for comment, with both houses being given 15 days to express opinions. Since the Court of Accounts is a judicial body, and the judiciary is constitutionally independent from both the executive and the legislature, the Constitutional Council declared that the Court’s independence would be compromised if it were obliged to present its draft work plan to Parliament for comment. See Constitutional Council Decision 2001-448 DC of 25 July 2001.
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Rochet, Claude (2002), Les établissements public nationaux, report prepared for the Interministerial Committee on Reforming the State, Paris, available at www.ladocumentationfrancaise.fr/brp/notices/024000644.shtml.
Rochet, Claude (2003), Conduire l’action publique : Des objectifs aux résultats, Pearson Education France, Paris.
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IV. FRANCE
Rouban, Luc (1995), “Public Administration at the Crossroads: The End of the French Specificity?”, Chapter 3 in Jon Pierre (ed.), Bureaucracy in the Modern State, Edward Elgar, Cheltenham, United Kingdom.
Saidj, Luc (1993), “Réflexions sur le principe de séparation des ordonnateurs et des comptables”, Revue française de finances publiques, No. 41, p. 64-72.
Saidj, Luc (2003), Finances publiques – Cours, 4th Edition, Dalloz, Paris.
Trotabas, Louis and Jean-Marie Cotteret (1995), Droit budgétaire et comptabilité publique, 5th Edition, Dalloz, Paris.
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Germany*
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Structure of the Case Study |
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Overview...................................................................................... |
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2. |
Principles underlying budget system laws .................................. |
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3. |
Legal basis for the establishment and the powers of the actors |
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in the budget system.................................................................... |
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4. |
Legal provisions for each stage of the budget cycle ..................... |
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*This study has benefited from comments from officials of the Budget Department of the Federal Ministry of Finance and from OECD colleagues including Eckhard Wurzel of the Economics Department.
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