Tom Christensen, Mads Dagnis Jensen, Michael Kluth, Gunnar Helgi Kristinsson, Kennet Lynggaard, Per Lægreid, Risto Niemikari, Jon Pierre, Tapio Raunio, Gústaf Adolf Skúlason
Government responses to the Covid-19 pandemic in the Nordic states-Denmark, Finland, Iceland, Norway, and Sweden-exhibit similarities and differences. This article investigates the extent to which crisis policymaking diverges from normal policymaking within the Nordic countries and whether variations between the countries are associated with the role of expertise and the level of politicization. Government responses are analyzed in terms of governance arrangements and regulatory instruments. Findings demonstrate some deviation from normal policymaking within and considerable variation between the Nordic countries, as Denmark, Finland, and to some extent Norway exhibit similar patterns with hierarchical command and control governance arrangements, while Iceland, in some instances, resembles the case of Sweden, which has made use of network-based governance. The article shows that the higher the influence of experts, the more likely it is that the governance arrangement will be network-based.
{"title":"The Nordic governments' responses to the Covid-19 pandemic: A comparative study of variation in governance arrangements and regulatory instruments.","authors":"Tom Christensen, Mads Dagnis Jensen, Michael Kluth, Gunnar Helgi Kristinsson, Kennet Lynggaard, Per Lægreid, Risto Niemikari, Jon Pierre, Tapio Raunio, Gústaf Adolf Skúlason","doi":"10.1111/rego.12497","DOIUrl":"10.1111/rego.12497","url":null,"abstract":"<p><p>Government responses to the Covid-19 pandemic in the Nordic states-Denmark, Finland, Iceland, Norway, and Sweden-exhibit similarities and differences. This article investigates the extent to which crisis policymaking diverges from normal policymaking <i>within</i> the Nordic countries and whether variations <i>between</i> the countries are associated with the role of expertise and the level of politicization. Government responses are analyzed in terms of governance arrangements and regulatory instruments. Findings demonstrate some deviation from normal policymaking <i>within</i> and considerable variation <i>between</i> the Nordic countries, as Denmark, Finland, and to some extent Norway exhibit similar patterns with hierarchical command and control governance arrangements, while Iceland, in some instances, resembles the case of Sweden, which has made use of network-based governance. The article shows that the higher the influence of experts, the more likely it is that the governance arrangement will be network-based.</p>","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":" ","pages":""},"PeriodicalIF":3.0,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9538262/pdf/REGO-9999-0.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"33514612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyzes whether, and if so, why, national inspectorates adopt different enforcement strategies when controlling the provision of welfare services, such as health care, eldercare, and the compulsory school. The findings show that the Swedish Schools Inspectorate uses a predominantly strict strategy, while the Health and Social Care Inspectorate relies on a more situational strategy. To explain this variation in enforcement strategy, the article tests four hypotheses derived from the literature on regulatory enforcement. The findings suggest that the variation between the agencies is not primarily the result of differences in resources or the authority to issue punitive decisions, as suggested by previous research. Instead, we find support for the hypothesis that the definition of quality can explain variation in adopted strategies, and partial support for the hypothesis that differences in regulatory mission can account for a variation in the agencies' formal enforcement strategies.
{"title":"Explaining variations in enforcement strategy: A comparison of the Swedish health care, eldercare, and compulsory school sector","authors":"Linda Moberg, Mio Fredriksson, Karin Leijon","doi":"10.1111/rego.12499","DOIUrl":"https://doi.org/10.1111/rego.12499","url":null,"abstract":"This article analyzes whether, and if so, why, national inspectorates adopt different enforcement strategies when controlling the provision of welfare services, such as health care, eldercare, and the compulsory school. The findings show that the Swedish Schools Inspectorate uses a predominantly strict strategy, while the Health and Social Care Inspectorate relies on a more situational strategy. To explain this variation in enforcement strategy, the article tests four hypotheses derived from the literature on regulatory enforcement. The findings suggest that the variation between the agencies is not primarily the result of differences in resources or the authority to issue punitive decisions, as suggested by previous research. Instead, we find support for the hypothesis that the <i>definition of quality</i> can explain variation in adopted strategies, and partial support for the hypothesis that differences in <i>regulatory mission</i> can account for a variation in the agencies' formal enforcement strategies.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"3 2","pages":""},"PeriodicalIF":3.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165845","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}
Ori Aronson, Julia Elad-Strenger, Thomas Kessler, Yuval Feldman
Public legitimation of legal decisionmaking can be promoted through various strategies. We examine strategies of legitimation that are premised on personalizing the public image of legal agents. A personalized public administration emphasizes individual decisionmakers and seeks legitimacy through familiarity with the character, identity, and virtues of individual agents, whereas a non-personalized public administration projects an ethos of technocratic decisionmaking, seeking legitimacy through institutional objectivity and impartiality. We conducted an experiment to examine the efficacy of personalization strategies in the context of a politically charged legal affair: the criminal cases involving the prime minister of Israel, Benjamin Netanyahu. We focus on people's perceived objectivity of the office of the Israeli attorney general (AG), given exposure (vs. no exposure) to different types of personal information about the AG, and while manipulating the salience of contrasting decisions concerning Netanyahu (indicting him on several counts of corruption versus exculpating him in others). We find that exposure to personal information about the AG decreased the perceived objectivity of his office, compared to no exposure to personal information, regardless of the type of information, decision salience, and respondents' political leanings. Our findings, therefore, support the legitimating potential of the non-personalization of decisionmakers, and show that it pertains to people positioned as both “losers” and “winners” with regard the political impact of the decision. The study further reflects the capacity of nonabstract real-world, real-time, analyses to shed light on the drivers of public trust in legal decisionmaking in politically polarized contexts—an issue of pertinence in many contemporary democracies.
{"title":"Does personalization of officeholders undermine the legitimacy of the office? On perceptions of objectivity in legal decisionmaking","authors":"Ori Aronson, Julia Elad-Strenger, Thomas Kessler, Yuval Feldman","doi":"10.1111/rego.12495","DOIUrl":"https://doi.org/10.1111/rego.12495","url":null,"abstract":"Public legitimation of legal decisionmaking can be promoted through various strategies. We examine strategies of legitimation that are premised on personalizing the public image of legal agents. A personalized public administration emphasizes individual decisionmakers and seeks legitimacy through familiarity with the character, identity, and virtues of individual agents, whereas a non-personalized public administration projects an ethos of technocratic decisionmaking, seeking legitimacy through institutional objectivity and impartiality. We conducted an experiment to examine the efficacy of personalization strategies in the context of a politically charged legal affair: the criminal cases involving the prime minister of Israel, Benjamin Netanyahu. We focus on people's perceived objectivity of the office of the Israeli attorney general (AG), given exposure (vs. no exposure) to different types of personal information about the AG, and while manipulating the salience of contrasting decisions concerning Netanyahu (indicting him on several counts of corruption versus exculpating him in others). We find that exposure to personal information about the AG decreased the perceived objectivity of his office, compared to no exposure to personal information, regardless of the type of information, decision salience, and respondents' political leanings. Our findings, therefore, support the legitimating potential of the non-personalization of decisionmakers, and show that it pertains to people positioned as both “losers” and “winners” with regard the political impact of the decision. The study further reflects the capacity of nonabstract real-world, real-time, analyses to shed light on the drivers of public trust in legal decisionmaking in politically polarized contexts—an issue of pertinence in many contemporary democracies.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"3 1","pages":""},"PeriodicalIF":3.0,"publicationDate":"2022-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165846","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}
Giovanni De Grandis, Irina Brass, Suzanne S. Farid
The need to better balance the promotion of scientific and technological innovation with risk management for consumer protection has inspired several recent reforms attempting to make regulations more flexible and adaptive. The pharmaceutical sector has a long, established regulatory tradition, as well as a long history of controversies around how to balance incentives for needed therapeutic innovations and protecting patient safety. The emergence of disruptive biotechnologies has provided the occasion for regulatory innovation in this sector. This article investigates the regulation of advanced biotherapeutics in the European Union and shows that it presents several defining features of an adaptive regulation regime, notably institutionalized processes of planned adaptation that allow regulators to gather, generate, and mobilize new scientific and risk evidence about innovative products. However, our in-depth case analysis highlights that more attention needs to be paid to the consequences of the introduction of adaptive regulations, especially for critical stakeholders involved in this new regulatory ecosystem, the capacity and resource requirements placed on them to adapt, and the new tradeoffs they face. In addition, our analysis highlights a deficit in how we currently evaluate the performance and public value proposition of adaptive regulations vis-à-vis their stated goals and objectives.
{"title":"Is regulatory innovation fit for purpose? A case study of adaptive regulation for advanced biotherapeutics","authors":"Giovanni De Grandis, Irina Brass, Suzanne S. Farid","doi":"10.1111/rego.12496","DOIUrl":"https://doi.org/10.1111/rego.12496","url":null,"abstract":"The need to better balance the promotion of scientific and technological innovation with risk management for consumer protection has inspired several recent reforms attempting to make regulations more flexible and adaptive. The pharmaceutical sector has a long, established regulatory tradition, as well as a long history of controversies around how to balance incentives for needed therapeutic innovations and protecting patient safety. The emergence of disruptive biotechnologies has provided the occasion for regulatory innovation in this sector. This article investigates the regulation of advanced biotherapeutics in the European Union and shows that it presents several defining features of an adaptive regulation regime, notably institutionalized processes of planned adaptation that allow regulators to gather, generate, and mobilize new scientific and risk evidence about innovative products. However, our in-depth case analysis highlights that more attention needs to be paid to the consequences of the introduction of adaptive regulations, especially for critical stakeholders involved in this new regulatory ecosystem, the capacity and resource requirements placed on them to adapt, and the new tradeoffs they face. In addition, our analysis highlights a deficit in how we currently evaluate the performance and public value proposition of adaptive regulations vis-à-vis their stated goals and objectives.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"2 5","pages":""},"PeriodicalIF":3.0,"publicationDate":"2022-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165847","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}
Caroline de la Porte, Mads Dagnis Jensen, Jon Kvist
Nordic countries are known for having extensive welfare services, a highly compressed wage structure owing to strong social partners, as well as effective regulation and governance in public administration. Various typologies capture aspects of the institutional features of families of nations across various policy areas, showing that there is a specific Nordic variant of political economy. While there is an extensive literature focusing on socio-economic outcomes in the Nordic countries, there is less scholarly focus on the linkages between the regulatory processes, and their policy output, in response to various challenges. This volume examines how exogenous challenges (market liberalization promoted by EU integration and the gig economy, as well as the COVID-19 pandemic) and endogenous challenges in the welfare state (regulation of child-care quality and retirement ages) are tackled in a selection of Nordic countries. After a bibliometric analysis on the state of the literature, features of the Nordic model are presented. Then, the contributions of the articles to the special issue are summarized, after which lessons for other models of political economy are pinpointed. We find that although there is high variation within the Nordics in the studies of the special issue, there is a trend whereby, over time, a broader range of actors involved in the policy and regulatory process. Although not perfect, challenges are solved incrementally and often at an early stage. In other words, the Nordic regulatory model is highly adaptable to different challenges. Thus, the Nordic model does present crucial lessons for other types of political economy.
{"title":"Going Nordic—Can the Nordic model tackle grand challenges and be a beacon to follow?","authors":"Caroline de la Porte, Mads Dagnis Jensen, Jon Kvist","doi":"10.1111/rego.12494","DOIUrl":"https://doi.org/10.1111/rego.12494","url":null,"abstract":"Nordic countries are known for having extensive welfare services, a highly compressed wage structure owing to strong social partners, as well as effective regulation and governance in public administration. Various typologies capture aspects of the institutional features of families of nations across various policy areas, showing that there is a specific Nordic variant of political economy. While there is an extensive literature focusing on socio-economic outcomes in the Nordic countries, there is less scholarly focus on the linkages between the regulatory processes, and their policy output, in response to various challenges. This volume examines how exogenous challenges (market liberalization promoted by EU integration and the gig economy, as well as the COVID-19 pandemic) and endogenous challenges in the welfare state (regulation of child-care quality and retirement ages) are tackled in a selection of Nordic countries. After a bibliometric analysis on the state of the literature, features of the Nordic model are presented. Then, the contributions of the articles to the special issue are summarized, after which lessons for other models of political economy are pinpointed. We find that although there is high variation within the Nordics in the studies of the special issue, there is a trend whereby, over time, a broader range of actors involved in the policy and regulatory process. Although not perfect, challenges are solved incrementally and often at an early stage. In other words, the Nordic regulatory model is highly adaptable to different challenges. Thus, the Nordic model does present crucial lessons for other types of political economy.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"2 2","pages":""},"PeriodicalIF":3.0,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165848","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}
Caroline de la Porte, Trine P. Larsen, Åsa Lundqvist
This paper investigates the regulation of publicly organized early childhood education and care (ECEC) in Denmark and Sweden, through the regulatory welfare state (RWS) framework. The analysis focuses on how alterations in funding and quality of care are shaped by governmental and nongovernmental actors at national and local levels of government. Through focused structured analysis, we examine how various actors have shaped the funding and quality of childcare in Denmark and Sweden, from the early 2000s to 2020, with special attention to the period during and after the 2008 financial crisis. In the aftermath of the financial crisis, concerns about quality in care were raised on the political agenda by various actors in both countries, leading to decisions to improve the quality of care. Yet, the regulatory dynamics differ: In Denmark, the debate led to a decision in 2019, to implement a minimum statutory requirement of regulatory quality standards. From an RWS perspective, this outcome can be qualified as “double expansion,” because regulatory quality standards, and public funding for childcare increased. In Sweden, the debates about quality of ECEC led, in 2016, to political guidelines about quality standard, but with no additional national funds, and no mandatory regulatory quality requirements. Analytically, this can be qualified as “regulatory-led expansion,” that is requirements for quality standards, although the lack of additional national funds suggests that it will be difficult to improve ECEC quality substantially. The RWS perspective, which focuses on national and municipal levels of governance, also gives insights into hidden inequalities between municipalities regarding funding and quality of ECEC, which are more pronounced in Sweden than in Denmark.
{"title":"Still a poster child for social investment? Changing regulatory dynamics of early childhood education and care in Denmark and Sweden","authors":"Caroline de la Porte, Trine P. Larsen, Åsa Lundqvist","doi":"10.1111/rego.12492","DOIUrl":"https://doi.org/10.1111/rego.12492","url":null,"abstract":"This paper investigates the regulation of publicly organized early childhood education and care (ECEC) in Denmark and Sweden, through the regulatory welfare state (RWS) framework. The analysis focuses on how alterations in funding and quality of care are shaped by governmental and nongovernmental actors at national and local levels of government. Through focused structured analysis, we examine how various actors have shaped the funding and quality of childcare in Denmark and Sweden, from the early 2000s to 2020, with special attention to the period during and after the 2008 financial crisis. In the aftermath of the financial crisis, concerns about quality in care were raised on the political agenda by various actors in both countries, leading to decisions to improve the quality of care. Yet, the regulatory dynamics differ: In Denmark, the debate led to a decision in 2019, to implement a minimum statutory requirement of regulatory quality standards. From an RWS perspective, this outcome can be qualified as “double expansion,” because regulatory quality standards, and public funding for childcare increased. In Sweden, the debates about quality of ECEC led, in 2016, to political guidelines about quality standard, but with no additional national funds, and no mandatory regulatory quality requirements. Analytically, this can be qualified as “regulatory-led expansion,” that is requirements for quality standards, although the lack of additional national funds suggests that it will be difficult to improve ECEC quality substantially. The RWS perspective, which focuses on national and municipal levels of governance, also gives insights into hidden inequalities between municipalities regarding funding and quality of ECEC, which are more pronounced in Sweden than in Denmark.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"1 4","pages":""},"PeriodicalIF":3.0,"publicationDate":"2022-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165864","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}
This article addresses the issue of renewing a sense of vocation in finance. Drawing on experiences in the UK, Australia, and Ireland, three common law jurisdictions at various phases of developing “an ethical esprit de corps” to professionalize the banking industry, it argues that adopting some aspects of a profession, a “trajectory towards professionalization” of the banking industry, could serve, at least to some extent, to improve the industry-wide norms that influence firms' cultures and individual behaviors. It contends that professionalization could help to develop bankers with a professional, pro-social identity, in which there is a recognition of broader obligations to society, that exists independently of the profit-driven nature of banking and the hierarchy of their own firms. This analysis is informed by an integration of regulatory theory, which casts doubt on the utility of sanctions except as a last resort, behavioral science, which offers insights into how ethics and culture, not just law and markets, can constrain irresponsible behavior in the financial services sector, and criminological theory, which emphasizes that particular types of controls, including individual attachments to groups, build “stakes in conformity” which encourage law abiding and responsible behaviors.
{"title":"Regulating ethics in financial services: Engaging industry to achieve regulatory objectives","authors":"Joe McGrath, Ciaran Walker","doi":"10.1111/rego.12482","DOIUrl":"https://doi.org/10.1111/rego.12482","url":null,"abstract":"This article addresses the issue of renewing a sense of vocation in finance. Drawing on experiences in the UK, Australia, and Ireland, three common law jurisdictions at various phases of developing “an ethical esprit de corps” to professionalize the banking industry, it argues that adopting some aspects of a profession, a “trajectory towards professionalization” of the banking industry, could serve, at least to some extent, to improve the industry-wide norms that influence firms' cultures and individual behaviors. It contends that professionalization could help to develop bankers with a professional, pro-social identity, in which there is a recognition of broader obligations to society, that exists independently of the profit-driven nature of banking and the hierarchy of their own firms. This analysis is informed by an integration of regulatory theory, which casts doubt on the utility of sanctions except as a last resort, behavioral science, which offers insights into how ethics and culture, not just law and markets, can constrain irresponsible behavior in the financial services sector, and criminological theory, which emphasizes that particular types of controls, including individual attachments to groups, build “stakes in conformity” which encourage law abiding and responsible behaviors.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"55 9","pages":""},"PeriodicalIF":3.0,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165865","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}
We inform our readers that we have found an article in our pages, Capano and Pritoni (2020), to have sentences of identical text to an article published by the same authors in another journal (Capano et al. 2020). The overlap is considered by the Editors to be minor.