Regulators are increasingly concerned about deceptive, online choice architecture, including dark patterns and behavioral sludge. From a behavioral science perspective, fostering a regulatory environment which reduces the economic harm caused by deceptive designs, while safeguarding the benefits of well‐meaning behavioral insights, is essential. This article argues for a principles‐based approach and proposes behavioral audits as a tool to support this approach.
{"title":"Deceptive choice architecture and behavioral audits: A principles‐based approach","authors":"Stuart Mills","doi":"10.1111/rego.12590","DOIUrl":"https://doi.org/10.1111/rego.12590","url":null,"abstract":"Regulators are increasingly concerned about deceptive, online choice architecture, including dark patterns and behavioral sludge. From a behavioral science perspective, fostering a regulatory environment which reduces the economic harm caused by deceptive designs, while safeguarding the benefits of well‐meaning behavioral insights, is essential. This article argues for a principles‐based approach and proposes behavioral audits as a tool to support this approach.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140317230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Bert de Graaff, Suzanne Rutz, Annemiek Stoopendaal, Hester van de Bovenkamp
The literature on responsive regulation argues that citizens should be involved in regulatory practices to avoid capture between regulator and regulatee. It also argues that including citizens can add an important perspective to regulatory practices. However, we know little about how citizens' perspectives are brought into regulatory practices. This paper draws on existing qualitative research to compare and analyze four cases of experimental participatory regulation in Dutch health care, focusing on the theoretical assumptions that citizen involvement (a) prevents capture, and (b) stimulates the inclusion of new perspectives. Our results show that involving citizens in regulation can increase transparency and trust in regulatory practices and familiarizes regulators with other perspectives. It is, however, up to the regulator to work on deriving benefits from that involvement—not only the practical work of organizing participatory regulation, but also the conceptual work of reflecting on their own assumptions and standards. We do find evidence for weak forms of capture and argue for the need to extend capture to involve multiple actors. We reflect on these results for theory development and regulatory practice.
{"title":"Involving citizens in regulation: A comparative qualitative study of four experimentalist cases of participatory regulation in Dutch health care","authors":"Bert de Graaff, Suzanne Rutz, Annemiek Stoopendaal, Hester van de Bovenkamp","doi":"10.1111/rego.12589","DOIUrl":"https://doi.org/10.1111/rego.12589","url":null,"abstract":"The literature on responsive regulation argues that citizens should be involved in regulatory practices to avoid capture between regulator and regulatee. It also argues that including citizens can add an important perspective to regulatory practices. However, we know little about how citizens' perspectives are brought into regulatory practices. This paper draws on existing qualitative research to compare and analyze four cases of experimental participatory regulation in Dutch health care, focusing on the theoretical assumptions that citizen involvement (a) prevents capture, and (b) stimulates the inclusion of new perspectives. Our results show that involving citizens in regulation can increase transparency and trust in regulatory practices and familiarizes regulators with other perspectives. It is, however, up to the regulator to work on deriving benefits from that involvement—not only the practical work of organizing participatory regulation, but also the conceptual work of reflecting on their own assumptions and standards. We do find evidence for weak forms of capture and argue for the need to extend capture to involve multiple actors. We reflect on these results for theory development and regulatory practice.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140317229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Europe's crisis of legitimacy: Governing by rules and ruling by numbers in the eurozone. By Vivien A.Schmidt, Oxford: Oxford University Press. 2020. pp. 385. USD 35.99 (paperback). ISBN: 9780198797050","authors":"Eva K. Lieberherr","doi":"10.1111/rego.12588","DOIUrl":"https://doi.org/10.1111/rego.12588","url":null,"abstract":"","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140317224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Regulating risk: How private information shapes global safety standards. By Rebecca L.Perlman, Cambridge University Press, Cambridge, US$ 29.99. 2023. pp. 227. ISBN: 978‐1‐009‐29193‐4","authors":"Graeme Auld","doi":"10.1111/rego.12587","DOIUrl":"https://doi.org/10.1111/rego.12587","url":null,"abstract":"","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140196183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Regulatory intermediaries—organizations that operate between regulators (public and private) and target groups—perform a range of important functions. While most previous research has focused on intermediaries that have been delegated official authority, in this paper we focus on unofficial and informal intermediary functions aiming to advance the governance of per- and polyfluoroalkyl substances (PFAS) chemicals. Chemical pollution is a growing environmental and health concern, leading to both public and private regulatory initiatives. By studying a particular segment—paperboard food packaging in Sweden—the study generates insights into critical functions performed by unofficial intermediaries (Svenskt Vatten and ChemSec) in this regulatory regime, which extend and expand regulatory reach in various ways. The study also shows the importance of different types of intermediaries that interact in dynamic ways, and the role of material artifacts in processes of intermediation. These unofficial functions are arguably important for the functioning of complex, hybrid forms of governance, but they also prompt critical questions about the effectiveness, legitimacy, and role of intermediaries in generating needed transformative change.
监管中介机构--在（公共和私营）监管机构与目标群体之间运作的组织--发挥着一系列重要功能。以往的研究大多集中于获得官方授权的中介机构，而本文则关注非官方和非正式中介机构的职能，旨在推进全氟和多氟烷基物质（PFAS）化学品的治理。化学污染是一个日益严重的环境和健康问题，导致了公共和私人监管措施的出台。通过对瑞典纸板食品包装这一特定领域的研究，我们深入了解了非官方中介机构（Svenskt Vatten 和 ChemSec）在这一监管制度中发挥的关键作用，它们以各种方式延伸和扩大了监管范围。研究还显示了以动态方式互动的不同类型中介的重要性，以及物质人工制品在中介过程中的作用。可以说，这些非官方功能对于复杂的混合治理形式的运作非常重要，但它们也引发了关于中介机构在产生所需的转型变革中的有效性、合法性和作用的关键问题。
{"title":"Unofficial intermediation in the regulatory governance of hazardous chemicals","authors":"Erik Hysing, Sabina Du Rietz Dahlström","doi":"10.1111/rego.12586","DOIUrl":"https://doi.org/10.1111/rego.12586","url":null,"abstract":"Regulatory intermediaries—organizations that operate between regulators (public and private) and target groups—perform a range of important functions. While most previous research has focused on intermediaries that have been delegated official authority, in this paper we focus on unofficial and informal intermediary functions aiming to advance the governance of per- and polyfluoroalkyl substances (PFAS) chemicals. Chemical pollution is a growing environmental and health concern, leading to both public and private regulatory initiatives. By studying a particular segment—paperboard food packaging in Sweden—the study generates insights into critical functions performed by unofficial intermediaries (Svenskt Vatten and ChemSec) in this regulatory regime, which extend and expand regulatory reach in various ways. The study also shows the importance of different types of intermediaries that interact in dynamic ways, and the role of material artifacts in processes of intermediation. These unofficial functions are arguably important for the functioning of complex, hybrid forms of governance, but they also prompt critical questions about the effectiveness, legitimacy, and role of intermediaries in generating needed transformative change.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140097112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Reini Schrama, Dorte Sindbjerg Martinsen, Ellen Mastenbroek
European administrative networks (EANs) are an increasingly prominent form of European Union (EU) governance. Although these networks are typically portrayed as important and flexible forms of organization, we lack knowledge of their temporal dimension, including their development in times of crisis. This paper provides a first analysis of network interaction as it unfolds before and during times of severe crisis for the EU internal market. Specifically, we examine interactions in the EU internal market network SOLVIT. This network offers member states both a formalized procedure for the bilateral resolution of cases of alleged misapplication of EU law, and an informal network for general discussions on internal market topics and SOLVIT-related matters beyond specific case-resolution. Based on unique three-wave survey data, we develop a continuous-time model (stochastic actor-oriented model) to analyze the evolution of SOLVIT's informal interactions over time. In explaining these developments, we reflect on the importance of two crises: the exit of a central SOLVIT member (the United Kingdom), which drove informal interactions to a great extent, and COVID-19, which led to great sudden uncertainty and challenges for the implementation of internal market law. Our results show that the network is remarkably stable and despite, or rather because of, these crises, has become denser over time.
{"title":"European administrative networks during times of crisis: Exploring the temporal development of the internal market network SOLVIT","authors":"Reini Schrama, Dorte Sindbjerg Martinsen, Ellen Mastenbroek","doi":"10.1111/rego.12585","DOIUrl":"https://doi.org/10.1111/rego.12585","url":null,"abstract":"European administrative networks (EANs) are an increasingly prominent form of European Union (EU) governance. Although these networks are typically portrayed as important and flexible forms of organization, we lack knowledge of their temporal dimension, including their development in times of crisis. This paper provides a first analysis of network interaction as it unfolds before and during times of severe crisis for the EU internal market. Specifically, we examine interactions in the EU internal market network SOLVIT. This network offers member states both a formalized procedure for the bilateral resolution of cases of alleged misapplication of EU law, and an informal network for general discussions on internal market topics and SOLVIT-related matters beyond specific case-resolution. Based on unique three-wave survey data, we develop a continuous-time model (stochastic actor-oriented model) to analyze the evolution of SOLVIT's informal interactions over time. In explaining these developments, we reflect on the importance of two crises: the exit of a central SOLVIT member (the United Kingdom), which drove informal interactions to a great extent, and COVID-19, which led to great sudden uncertainty and challenges for the implementation of internal market law. Our results show that the network is remarkably stable and despite, or rather because of, these crises, has become denser over time.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140076375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Bureaucratic rulemaking is a key feature of American policymaking. However, rulemaking activities do not occur uniformly, but fluctuate throughout the year. We consider three mechanisms to explain these changes in rule volume, each of which produces unique expectations for rulemaking during periods of divided government and legislative recess. To test these expectations, we leverage an original dataset including all rules proposed by bureaucratic agencies in three U.S. states from 2004 to 2013 matched with data tracking periods of divided government and legislative recess. We find that state bureaucracies publish significantly more proposed rules during periods of divided government or a split legislature and are most productive in the months immediately following legislative recess. These results underscore the importance of bureaucratic policymaking and improve our understanding of the balance of power between branches of state governments.
{"title":"Regulation timing in the states: The role of divided government and legislative recess","authors":"Tracey Bark, Elizabeth Bell, Ani Ter-Mkrtchyan","doi":"10.1111/rego.12583","DOIUrl":"https://doi.org/10.1111/rego.12583","url":null,"abstract":"Bureaucratic rulemaking is a key feature of American policymaking. However, rulemaking activities do not occur uniformly, but fluctuate throughout the year. We consider three mechanisms to explain these changes in rule volume, each of which produces unique expectations for rulemaking during periods of divided government and legislative recess. To test these expectations, we leverage an original dataset including all rules proposed by bureaucratic agencies in three U.S. states from 2004 to 2013 matched with data tracking periods of divided government and legislative recess. We find that state bureaucracies publish significantly more proposed rules during periods of divided government or a split legislature and are most productive in the months immediately following legislative recess. These results underscore the importance of bureaucratic policymaking and improve our understanding of the balance of power between branches of state governments.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139945365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Maximilian Haag, Steffen Hurka, Constantin Kaplaner
This study examines the relationship between the complexity of EU directives and their successful implementation at the national level. Moving beyond the state-of-the-art, we propose a comprehensive framework considering structural, linguistic, and relational dimensions of policy complexity. We argue that policy complexity entails higher transaction costs, hindering effective implementation. Using a novel dataset covering roughly 1000 directives from 1994 to 2022, we find strong evidence of policy complexity negatively impacting implementation performance. Moreover, we find that states with higher administrative capacity are better able to process high complexity efficiently and that Eurosceptic member states attract fewer infringement proceedings in highly complex policy environments than Europhile member states. This could alternatively point to strategic enforcement behavior of the Commission or to bureaucracies that are less Eurosceptic than their political masters might wish for. Our study thereby contributes to a deeper understanding of the challenges of successful implementation of EU directives.
{"title":"Policy complexity and implementation performance in the European Union","authors":"Maximilian Haag, Steffen Hurka, Constantin Kaplaner","doi":"10.1111/rego.12580","DOIUrl":"https://doi.org/10.1111/rego.12580","url":null,"abstract":"This study examines the relationship between the complexity of EU directives and their successful implementation at the national level. Moving beyond the state-of-the-art, we propose a comprehensive framework considering structural, linguistic, and relational dimensions of policy complexity. We argue that policy complexity entails higher transaction costs, hindering effective implementation. Using a novel dataset covering roughly 1000 directives from 1994 to 2022, we find strong evidence of policy complexity negatively impacting implementation performance. Moreover, we find that states with higher administrative capacity are better able to process high complexity efficiently and that Eurosceptic member states attract fewer infringement proceedings in highly complex policy environments than Europhile member states. This could alternatively point to strategic enforcement behavior of the Commission or to bureaucracies that are less Eurosceptic than their political masters might wish for. Our study thereby contributes to a deeper understanding of the challenges of successful implementation of EU directives.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139573859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Many studies show that supranational governance structures (SGS)—understood as international organizations or international treaties—contribute to the global diffusion of public policies. However, we still have a limited understanding of which properties of SGS hasten the number of policy adoptions. To advance this literature, we argue that SGS making legally binding and univocal claims are more likely to act as diffusion accelerators. We demonstrate the suitability of this argument through a case study of the global diffusion of mifepristone approvals, a single-purpose medicine to terminate pregnancies that has revolutionized abortion services. The analysis supports our expectation. Links to the EU and the Maputo Protocol—the only two considered SGS that make binding claims with clear implications for this policy field—hasten mifepristone approvals. By contrast, ratification of four other treaties—that do not make binding and univocal claims—and exposure to World Health Organization guidelines on medical abortion does not hasten these approvals.
{"title":"Properties of supranational governance structures and policy diffusion: The case of mifepristone approvals","authors":"Juan J. Fernández, Pilar Sánchez","doi":"10.1111/rego.12576","DOIUrl":"https://doi.org/10.1111/rego.12576","url":null,"abstract":"Many studies show that supranational governance structures (SGS)—understood as international organizations or international treaties—contribute to the global diffusion of public policies. However, we still have a limited understanding of which properties of SGS hasten the number of policy adoptions. To advance this literature, we argue that SGS making legally binding and univocal claims are more likely to act as diffusion accelerators. We demonstrate the suitability of this argument through a case study of the global diffusion of mifepristone approvals, a single-purpose medicine to terminate pregnancies that has revolutionized abortion services. The analysis supports our expectation. Links to the EU and the Maputo Protocol—the only two considered SGS that make binding claims with clear implications for this policy field—hasten mifepristone approvals. By contrast, ratification of four other treaties—that do not make binding and univocal claims—and exposure to World Health Organization guidelines on medical abortion does not hasten these approvals.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139510927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Building on the concept of participatory regulation, this study emphasizes recognizing the multidimensional character of citizens' risk regulation preferences. Using the case of autonomous vehicles, we specify six technology-related risks: product safety, regulatory oversight, legal liability, ethical prioritization, data protection, and human supervision. We argue that differences in these multidimensional risk regulation preferences are shaped by citizens' political beliefs, technology attitudes, and national innovation cultures. To test these hypotheses, a conjoint experiment was conducted in the United States (1188 participants), Japan (1135 participants), and Germany (1174 participants) in which respondents compared hypothetical regulation regimes for self-driving cars, varying alongside the six regulatory risk dimensions. The findings show a universal preference for increased legal responsibility of manufacturers and more stringent safety regulations for autonomous vehicles. Political beliefs and technological attitudes had minimal impact on these preferences. Although there were some cultural differences in privacy and ethical prioritization, no systematic differences were noted across countries, suggesting the possibility of finding common ground in standardizing risk regulations for self-driving cars.
{"title":"Multidimensional preference for technology risk regulation: The role of political beliefs, technology attitudes, and national innovation cultures","authors":"Sebastian Hemesath, Markus Tepe","doi":"10.1111/rego.12578","DOIUrl":"https://doi.org/10.1111/rego.12578","url":null,"abstract":"Building on the concept of participatory regulation, this study emphasizes recognizing the multidimensional character of citizens' risk regulation preferences. Using the case of autonomous vehicles, we specify six technology-related risks: product safety, regulatory oversight, legal liability, ethical prioritization, data protection, and human supervision. We argue that differences in these multidimensional risk regulation preferences are shaped by citizens' political beliefs, technology attitudes, and national innovation cultures. To test these hypotheses, a conjoint experiment was conducted in the United States (1188 participants), Japan (1135 participants), and Germany (1174 participants) in which respondents compared hypothetical regulation regimes for self-driving cars, varying alongside the six regulatory risk dimensions. The findings show a universal preference for increased legal responsibility of manufacturers and more stringent safety regulations for autonomous vehicles. Political beliefs and technological attitudes had minimal impact on these preferences. Although there were some cultural differences in privacy and ethical prioritization, no systematic differences were noted across countries, suggesting the possibility of finding common ground in standardizing risk regulations for self-driving cars.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":null,"pages":null},"PeriodicalIF":3.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139511049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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