In the fallout of the 2008 crisis, macroprudential policy has been installed as the policy remedy against future financial instability, a primary focus being developments in the real estate sector. With house prices consistently rising in the EU since 2014, causing alarm among macroprudential supervisory bodies, a core question of EU regulatory governance is how far macroprudential bodies have been capable of bringing about countercyclical actions against the build-up of such vulnerabilities. This paper investigates this question using a novel dataset of macroprudential intensity coded for the 17 EU countries that experienced real estate vulnerabilities post-euro crisis. Specifically, it asks which configuration of conditions account for the (in)capacity of countries to impose stringent countercyclical regulations against housing booms? Using fuzzy set qualitative comparative analysis technics coupled with qualitative analysis of country cases using expert interviews, we find that the absence of political salience of homeownership and the political independence of macroprudential authorities to be crucial conditions that jointly explain countercyclical macroprudential activity. These findings, which show two pathways to action have implications for the capacity of the EU to prevent future crises and future reform of the EU prudential framework.
{"title":"Taming the real estate boom in the EU: Pathways to macroprudential (in)action","authors":"Etienne Lepers, Matthias Thiemann","doi":"10.1111/rego.12529","DOIUrl":"https://doi.org/10.1111/rego.12529","url":null,"abstract":"In the fallout of the 2008 crisis, macroprudential policy has been installed as the policy remedy against future financial instability, a primary focus being developments in the real estate sector. With house prices consistently rising in the EU since 2014, causing alarm among macroprudential supervisory bodies, a core question of EU regulatory governance is how far macroprudential bodies have been capable of bringing about countercyclical actions against the build-up of such vulnerabilities. This paper investigates this question using a novel dataset of macroprudential intensity coded for the 17 EU countries that experienced real estate vulnerabilities post-euro crisis. Specifically, it asks which configuration of conditions account for the (in)capacity of countries to impose stringent countercyclical regulations against housing booms? Using fuzzy set qualitative comparative analysis technics coupled with qualitative analysis of country cases using expert interviews, we find that the absence of political salience of homeownership and the political independence of macroprudential authorities to be crucial conditions that jointly explain countercyclical macroprudential activity. These findings, which show two pathways to action have implications for the capacity of the EU to prevent future crises and future reform of the EU prudential framework.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"5 11","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164819","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}
Ten years since the adoption of the UN Guiding Principles on Business and Human Rights, we have witnessed an increasing trend in Europe toward the adoption of mandatory human rights and environmental due diligence. Focusing on due diligence legislation from France, Germany, Norway, and the EU, this article examines the extent to which these laws are laying the foundations for the articulation of an integrated, comprehensive, and robust framework that effectively fosters corporate accountability through preventing, addressing, and remedying corporate-related human rights and environmental harms. In this examination, we draw on international human rights and environmental standards and Third World Approaches to International Law, to identify the lessons learned from current approaches and that ought to be considered in future frameworks.
{"title":"An integrated approach to corporate due diligence from a human rights, environmental, and TWAIL perspective","authors":"Fatimazahra Dehbi, Olga Martin-Ortega","doi":"10.1111/rego.12538","DOIUrl":"https://doi.org/10.1111/rego.12538","url":null,"abstract":"Ten years since the adoption of the UN Guiding Principles on Business and Human Rights, we have witnessed an increasing trend in Europe toward the adoption of mandatory human rights and environmental due diligence. Focusing on due diligence legislation from France, Germany, Norway, and the EU, this article examines the extent to which these laws are laying the foundations for the articulation of an integrated, comprehensive, and robust framework that effectively fosters corporate accountability through preventing, addressing, and remedying corporate-related human rights and environmental harms. In this examination, we draw on international human rights and environmental standards and Third World Approaches to International Law, to identify the lessons learned from current approaches and that ought to be considered in future frameworks.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"5 9","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164820","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}
Alizée Delpierre, Didier Demazière, Hajar El Fatihi
Statistical profiling algorithms claiming to predict which jobseekers are at risk of becoming long-term unemployed are spread unevenly across countries. However, the pathways and histories of these tools are understudied. Because the profiling path in France is a winding one, it is fruitful to study the production of profiling acceptability within the Public Employment Service (PES), and upstream of its reception by frontline advisers. Using a mix of interviews and written sources, we show that the production of profiling acceptability sits at the crossroads of two processes: technical and political transformations of the instrument itself and broader institutional and managerial transformations of the PES. On the basis of this case study, the paper enriches our understanding of the slow and incremental rationalization of public services that we have termed “professional rationalization.” We argue that, far from being a softened or moderated form of bureaucratic rationalization, it is powerful—perhaps even irreversible—precisely because it transforms its target (frontline advisers) before the rationalization instrument is even deployed.
{"title":"The stealth legitimization of a controversial policy tool: Statistical profiling in French Public Employment Service","authors":"Alizée Delpierre, Didier Demazière, Hajar El Fatihi","doi":"10.1111/rego.12541","DOIUrl":"https://doi.org/10.1111/rego.12541","url":null,"abstract":"Statistical profiling algorithms claiming to predict which jobseekers are at risk of becoming long-term unemployed are spread unevenly across countries. However, the pathways and histories of these tools are understudied. Because the profiling path in France is a winding one, it is fruitful to study the production of profiling acceptability within the Public Employment Service (PES), and upstream of its reception by frontline advisers. Using a mix of interviews and written sources, we show that the production of profiling acceptability sits at the crossroads of two processes: technical and political transformations of the instrument itself and broader institutional and managerial transformations of the PES. On the basis of this case study, the paper enriches our understanding of the slow and incremental rationalization of public services that we have termed “professional rationalization.” We argue that, far from being a softened or moderated form of bureaucratic rationalization, it is powerful—perhaps even irreversible—precisely because it transforms its target (frontline advisers) before the rationalization instrument is even deployed.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"5 8","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164821","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}
The European Union (EU) has recently introduced the Deforestation Regulation to close regulatory gaps in the sustainability and legality of global forest and agricultural commodity supply chains. We analyze this regulatory policy change by drawing on accountability scholarship and institutionalist theories of regulation. Our results show that the Regulation aims to enhance corporate accountability mechanisms through mostly state-based hard regulation of commodity supply chains, reducing the role of market incentives and private regulation. This policy change is found to be the result of strategic policy-oriented learning from perceived accountability failures of existing soft market-based instruments, voluntary trade agreements, and experience with market-correcting EU timber legality trade rules in a politically favorable context. The institutionalization of new forest-risk commodity supply chain accountability norms in new EU trade rules would, by design, harden foreign corporate accountability for negative socio-environmental externalities. However, the de-facto hardening will depend on the final regulatory design, acceptance, compliance, implementation, enforcement improvements, and avoidance of leakage effects.
{"title":"Hardening corporate accountability in commodity supply chains under the European Union Deforestation Regulation","authors":"Laila Berning, Metodi Sotirov","doi":"10.1111/rego.12540","DOIUrl":"https://doi.org/10.1111/rego.12540","url":null,"abstract":"The European Union (EU) has recently introduced the Deforestation Regulation to close regulatory gaps in the sustainability and legality of global forest and agricultural commodity supply chains. We analyze this regulatory policy change by drawing on accountability scholarship and institutionalist theories of regulation. Our results show that the Regulation aims to enhance corporate accountability mechanisms through mostly state-based hard regulation of commodity supply chains, reducing the role of market incentives and private regulation. This policy change is found to be the result of strategic policy-oriented learning from perceived accountability failures of existing soft market-based instruments, voluntary trade agreements, and experience with market-correcting EU timber legality trade rules in a politically favorable context. The institutionalization of new forest-risk commodity supply chain accountability norms in new EU trade rules would, by design, harden foreign corporate accountability for negative socio-environmental externalities. However, the de-facto hardening will depend on the final regulatory design, acceptance, compliance, implementation, enforcement improvements, and avoidance of leakage effects.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"5 7","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164822","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 paper presents a systematic empirical study of the causal mechanisms of regulatory capture. It applies process-tracing methods to the Vioxx drug scandal that was widely regarded to be a result of capture. In doing so, this paper provides a robust empirical analysis of regulatory capture lacking in the current literature. The analysis focuses on the role of the UK drug regulator in licensing and monitoring a drug that caused hundreds of thousands of heart attacks before it was taken off the market in 2004. We develop and systemically operationalize three causal mechanisms of capture to study the evidence on regulatory decision-making on Vioxx. Through explicit theoretical and empirical evaluation of the evidence, we show that the degree of capture through the revolving door, information overload and shared cultural frameworks was limited. By opening the black-box of empirical capture research, the paper highlights the problematic consequences of (mis-)diagnosis of regulatory capture by scholars, the media, and policymakers.
{"title":"Mechanisms of regulatory capture: Testing claims of industry influence in the case of Vioxx","authors":"Eva Heims, Sophie Moxon","doi":"10.1111/rego.12531","DOIUrl":"https://doi.org/10.1111/rego.12531","url":null,"abstract":"This paper presents a systematic empirical study of the causal mechanisms of regulatory capture. It applies process-tracing methods to the <i>Vioxx</i> drug scandal that was widely regarded to be a result of capture. In doing so, this paper provides a robust empirical analysis of regulatory capture lacking in the current literature. The analysis focuses on the role of the UK drug regulator in licensing and monitoring a drug that caused hundreds of thousands of heart attacks before it was taken off the market in 2004. We develop and systemically operationalize three causal mechanisms of capture to study the evidence on regulatory decision-making on <i>Vioxx</i>. Through explicit theoretical and empirical evaluation of the evidence, we show that the degree of capture through the revolving door, information overload and shared cultural frameworks was limited. By opening the black-box of empirical capture research, the paper highlights the problematic consequences of (mis-)diagnosis of regulatory capture by scholars, the media, and policymakers.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"7 4","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165023","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}
Maria‐Therese Gustafsson, Almut Schilling‐Vacaflor, Andrea Lenschow
Abstract In recent years, binding regulations in the “home states” of corporations have emerged mainly in the Global North with the aim of holding corporations accountable for human rights and environmental impacts throughout their supply chains. However, we still need a better understanding about to what extent such regulations contribute to enhance “foreign corporate accountability (FCA).” This article introduces a special issue that theorizes and empirically investigates foreign accountability dynamics. We do so by advancing an analytical framework that conceptualizes FCA and identify important contextual conditions that help to explain accountability dynamics. Applying this framework, we show that the drafting, implementation, and enforcement of such regulations are highly political processes, wherein competing ideas embedded within unequal actor constellations and institutional environments shape the possibilities to achieve more transformative change. By theorizing and empirically investigating FCA dynamics, we contribute to advance debates about the sustainability governance of global supply chains.
{"title":"The politics of supply chain regulations: Towards foreign corporate accountability in the area of human rights and the environment?","authors":"Maria‐Therese Gustafsson, Almut Schilling‐Vacaflor, Andrea Lenschow","doi":"10.1111/rego.12526","DOIUrl":"https://doi.org/10.1111/rego.12526","url":null,"abstract":"Abstract In recent years, binding regulations in the “home states” of corporations have emerged mainly in the Global North with the aim of holding corporations accountable for human rights and environmental impacts throughout their supply chains. However, we still need a better understanding about to what extent such regulations contribute to enhance “foreign corporate accountability (FCA).” This article introduces a special issue that theorizes and empirically investigates foreign accountability dynamics. We do so by advancing an analytical framework that conceptualizes FCA and identify important contextual conditions that help to explain accountability dynamics. Applying this framework, we show that the drafting, implementation, and enforcement of such regulations are highly political processes, wherein competing ideas embedded within unequal actor constellations and institutional environments shape the possibilities to achieve more transformative change. By theorizing and empirically investigating FCA dynamics, we contribute to advance debates about the sustainability governance of global supply chains.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135478134","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}
Svenja Schöneich, Christina Saulich, Melanie Müller
Industrialized economies in the EU depend heavily on imports of minerals. The extraction and parts of the transport and processing of these minerals take place in the Global South and often bear high human rights and environmental risks. A lack of traceability in mineral supply chains makes it particularly difficult to hold companies accountable for negative environmental and social impacts of their operations and those of their suppliers. This paper analyses three mineral supply chains (copper, platinum, and gold) in order to develop propositions about how supply chain-specific characteristics affect traceability and foreign corporate accountability (FCA) in mineral supply chains. The analytical framework focuses on three dimensions: geopolitical dynamics, industry characteristics, and private governance mechanisms. The authors argue that chain-specific characteristics may foster or thwart traceability and FCA in mineral supply chains and thus provides a novel contribution to the debate on traceability and accountability in mineral supply chains.
{"title":"Traceability and foreign corporate accountability in mineral supply chains","authors":"Svenja Schöneich, Christina Saulich, Melanie Müller","doi":"10.1111/rego.12527","DOIUrl":"https://doi.org/10.1111/rego.12527","url":null,"abstract":"Industrialized economies in the EU depend heavily on imports of minerals. The extraction and parts of the transport and processing of these minerals take place in the Global South and often bear high human rights and environmental risks. A lack of traceability in mineral supply chains makes it particularly difficult to hold companies accountable for negative environmental and social impacts of their operations and those of their suppliers. This paper analyses three mineral supply chains (copper, platinum, and gold) in order to develop propositions about how supply chain-specific characteristics affect traceability and foreign corporate accountability (FCA) in mineral supply chains. The analytical framework focuses on three dimensions: geopolitical dynamics, industry characteristics, and private governance mechanisms. The authors argue that chain-specific characteristics may foster or thwart traceability and FCA in mineral supply chains and thus provides a novel contribution to the debate on traceability and accountability in mineral supply chains.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"7 3","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165024","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}
There is growing scholarly interest in analyzing changes in policies, laws, and regulations. Some concepts depart from the goal of identifying changes in policy substance. Other contributions have concentrated on the structural characteristics of laws and regulations containing these substantive changes. Extracting measures of policy substance from legislative texts is a challenging and time-consuming endeavor as it requires the manual assessment and coding of legal acts. The assessment of the structural characteristics of laws and regulations, by contrast, can be done applying automated natural language processing. An important critical question is, thus, whether we can combine these approaches and simplify the information extraction by inferring changes in the policy substance from the legislative context in which these changes are embedded. Examining more than 100 legal acts in the area of EU environmental and climate policy, we find that the measures capturing policy substance and the structural characteristics of legal acts context are not systematically linked. In other words: changes in the structural features of legal acts cannot be used as an approximation for changes in policy substance. We conclude by sketching out a research agenda when (and when not) to use the different concepts and related measurements.
{"title":"Rules as policy data? Measuring and linking policy substance and legislative context","authors":"Steffen Hurka, Christoph Knill, Yves Steinebach","doi":"10.1111/rego.12528","DOIUrl":"https://doi.org/10.1111/rego.12528","url":null,"abstract":"There is growing scholarly interest in analyzing changes in policies, laws, and regulations. Some concepts depart from the goal of identifying changes in policy substance. Other contributions have concentrated on the structural characteristics of laws and regulations containing these substantive changes. Extracting measures of policy substance from legislative texts is a challenging and time-consuming endeavor as it requires the manual assessment and coding of legal acts. The assessment of the structural characteristics of laws and regulations, by contrast, can be done applying automated natural language processing. An important critical question is, thus, whether we can combine these approaches and simplify the information extraction by inferring changes in the policy substance from the legislative context in which these changes are embedded. Examining more than 100 legal acts in the area of EU environmental and climate policy, we find that the measures capturing policy substance and the structural characteristics of legal acts context are not systematically linked. In other words: changes in the structural features of legal acts cannot be used as an approximation for changes in policy substance. We conclude by sketching out a research agenda when (and when not) to use the different concepts and related measurements.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"7 2","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165025","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}
Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions by examining the emerging CBDC network and its regulatory implications. It argues that the CBDC network would likely be both decentralized and uncoordinated, making it unlikely to lead to convergence in CBDC regulation. The CBDC network would probably bring policy diffusion effects, with states behaving instrumentally, while shaking up the power balance between different actors, generating both cooperation and conflict. The CBDC network also has the potential to push international financial system toward becoming more decentralized.
{"title":"The future of the international financial system: The emerging CBDC network and its impact on regulation","authors":"Heng Wang, Simin Gao","doi":"10.1111/rego.12520","DOIUrl":"https://doi.org/10.1111/rego.12520","url":null,"abstract":"Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions by examining the emerging CBDC network and its regulatory implications. It argues that the CBDC network would likely be both decentralized and uncoordinated, making it unlikely to lead to convergence in CBDC regulation. The CBDC network would probably bring policy diffusion effects, with states behaving instrumentally, while shaking up the power balance between different actors, generating both cooperation and conflict. The CBDC network also has the potential to push international financial system toward becoming more decentralized.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"6 2","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165038","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 scholars predict that European integration will foster adversarial legalism in Europe. In this article, I empirically assess the Eurolegalism thesis by examining EU regulatory mandates in the competition and securities fields, two policy areas where adversarial legalism is seen as most likely to develop. I argue that the diffusion of adversarial legalism to Europe has faced significant political opposition in the EU policymaking process which has curtailed the use of private enforcement mandates in EU secondary legislation. European policymakers have relied more on administrative enforcement through public regulatory agencies, a mode of policy implementation closer to bureaucratic legalism. In practice, public authorities play the primary enforcement role and private litigation serves the narrower function of compensation following public enforcement actions. Drawing from institutionalist theory, I identify several factors that have encouraged the development of bureaucratic rather than adversarial styles of European legalism, especially member states' commitments to procedural subsidiarity, the negative feedback effects from the US experience with entrepreneurial litigation, and the stickiness of European legal and bureaucratic traditions.
{"title":"Legalism without adversarialism?: Bureaucratic legalism and the politics of regulatory implementation in the European Union","authors":"Chase Foster","doi":"10.1111/rego.12524","DOIUrl":"https://doi.org/10.1111/rego.12524","url":null,"abstract":"Many scholars predict that European integration will foster adversarial legalism in Europe. In this article, I empirically assess the Eurolegalism thesis by examining EU regulatory mandates in the competition and securities fields, two policy areas where adversarial legalism is seen as most likely to develop. I argue that the diffusion of adversarial legalism to Europe has faced significant political opposition in the EU policymaking process which has curtailed the use of private enforcement mandates in EU secondary legislation. European policymakers have relied more on administrative enforcement through public regulatory agencies, a mode of policy implementation closer to bureaucratic legalism. In practice, public authorities play the primary enforcement role and private litigation serves the narrower function of compensation following public enforcement actions. Drawing from institutionalist theory, I identify several factors that have encouraged the development of bureaucratic rather than adversarial styles of European legalism, especially member states' commitments to procedural subsidiarity, the negative feedback effects from the US experience with entrepreneurial litigation, and the stickiness of European legal and bureaucratic traditions.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"5 2","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50165042","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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