Model law on emergency management
The purpose of the model laws elaborated by the Regulatory Institute is to facilitate the tasks of regulatory practitioners, be they working for administrations or parliaments, to improve the quality of laws by triggering more conscious choices.
This model law follows only to some extent the so-called “all-hazards-approach”, meaning that all emergencies are covered by the same law and the same supervising authority. This approach facilitates the complete coverage of all types of emergencies and avoids conflicts of competence, including the negative variant thereof: no public entity feels responsible. The downside is of course that specialisation or the use of specialised knowledge is split over different public entities. Therefore, the model law suggests assigning different lead public entities to different types of emergencies. The more this possibility is used, the more the regulators should establish mechanisms to avoid positive or negative conflicts of competence. The more regulators stick to the pure “all-hazards-approach”, the more they should want to integrate the knowledge of specialists located outside the lead administration/agency.
The model law aims to optimise two goals, taking profit of knowledge of specialists and avoiding conflicts of competence, by giving a centralised all-emergencies-centre a strong arbitrage, support and back-up role.
