The growing number of studies on ICT innovation experiences in the justice sector report a few easy successes and, far more frequently, difficult (and long) struggles to overcome multiple and often unexpected problems. Empirical analysis shows that these problems are the result of the complex interplay between technological, institutional, organizational and normative components of e-justice. What has been discovered is that the techno-institutional systems that are developed in the making of e-justice need not to be just technically functional, but also institutionally, organizationally and normatively compatible with the justice system. As the implementation of such systems breaks established practices and shared visions of what should be done, how and by whom, innovation requires the re-establishment of such agreements in the new situation. Cognitive, social and institutional features of the domain in which the innovation takes place thus play a paramount role in the innovation effort. This paper shows the interesting case of the development of an e-filing system, TeleRecours, in the French administrative justice sector. The system has been developed following a functional simplification strategy to cope with the technological, organizational and normative complexity of the endeavour. Such a strategy had been successfully adopted by several Northern European countries, but generally it had not been followed in Continental Europe, where much less successful attempts to create functional equivalents of paper-based procedures had been made. As the paper will attempt to explain, the functional simplification approach allowed the French justice administration to develop a functioning technology which is appreciated by the limited number of those who use it but that, due to its incapability of attaining institutional compatibility, is failing to exit the experimental phase.
{"title":"Building E-Justice in Continental Europe: The TéléRecours Experience in France","authors":"M. Velicogna, A. Errera, Stéphane Derlange","doi":"10.18352/ULR.211","DOIUrl":"https://doi.org/10.18352/ULR.211","url":null,"abstract":"The growing number of studies on ICT innovation experiences in the justice sector report a few easy successes and, far more frequently, difficult (and long) struggles to overcome multiple and often unexpected problems. Empirical analysis shows that these problems are the result of the complex interplay between technological, institutional, organizational and normative components of e-justice. What has been discovered is that the techno-institutional systems that are developed in the making of e-justice need not to be just technically functional, but also institutionally, organizationally and normatively compatible with the justice system. As the implementation of such systems breaks established practices and shared visions of what should be done, how and by whom, innovation requires the re-establishment of such agreements in the new situation. Cognitive, social and institutional features of the domain in which the innovation takes place thus play a paramount role in the innovation effort. This paper shows the interesting case of the development of an e-filing system, TeleRecours, in the French administrative justice sector. The system has been developed following a functional simplification strategy to cope with the technological, organizational and normative complexity of the endeavour. Such a strategy had been successfully adopted by several Northern European countries, but generally it had not been followed in Continental Europe, where much less successful attempts to create functional equivalents of paper-based procedures had been made. As the paper will attempt to explain, the functional simplification approach allowed the French justice administration to develop a functioning technology which is appreciated by the limited number of those who use it but that, due to its incapability of attaining institutional compatibility, is failing to exit the experimental phase.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115457299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Internal Revenue Service recently overturned 90 years of United States foreign and tax policy by finalizing and codifying its efforts to report interest income earned at domestic banks for accounts held by nonresident aliens. While the IRS felt its need to collect the data and revenue outweighs concerns raised against the proposal, the rule change has broad ramifications in the areas of tax, commerce, international policy and law, and the war against transnational criminal organizations and terrorism. This article argues that the rule change has the potential to wreak havoc on a fragile economic recovery by leading to a steep loss of foreign bank deposits within the United States. The rule change will also foreseeably lead to the targeting and kidnapping of nonresident aliens by criminal gangs and drug cartels, who are likely to obtain financial information which could be utilized to target individuals for the purposes of kidnapping, extortion, ransom, and quite possibly, torture. Far from assisting the war on criminal gangs and drug cartels, the rule change will undermine it and likely subject the government of the United States to litigation in domestic courts through the Federal Tort Claims Act and Alien Tort Claims Act. Moreover, the rule change weakens the foreign policy commitment of the United States against torture, deteriorates the United States’ general commitment in the fight against terrorism and drug cartels in the Mexican drug war, and generally weakens international law. For many economic, legal, and moral reasons, the article contends IRS’ rule change is the wrong policy choice.
{"title":"Set up for Abduction and Extortion by the IRS: Does the Reporting of Interest Paid on U.S. Bank Deposits Undermine the Government’s Obligation to Avoid Instigating Terrorism by Foreign Criminal Gangs and Drug Cartels?","authors":"Darren A. Prum, Chad G. Marzen","doi":"10.2139/SSRN.2159557","DOIUrl":"https://doi.org/10.2139/SSRN.2159557","url":null,"abstract":"The Internal Revenue Service recently overturned 90 years of United States foreign and tax policy by finalizing and codifying its efforts to report interest income earned at domestic banks for accounts held by nonresident aliens. While the IRS felt its need to collect the data and revenue outweighs concerns raised against the proposal, the rule change has broad ramifications in the areas of tax, commerce, international policy and law, and the war against transnational criminal organizations and terrorism. This article argues that the rule change has the potential to wreak havoc on a fragile economic recovery by leading to a steep loss of foreign bank deposits within the United States. The rule change will also foreseeably lead to the targeting and kidnapping of nonresident aliens by criminal gangs and drug cartels, who are likely to obtain financial information which could be utilized to target individuals for the purposes of kidnapping, extortion, ransom, and quite possibly, torture. Far from assisting the war on criminal gangs and drug cartels, the rule change will undermine it and likely subject the government of the United States to litigation in domestic courts through the Federal Tort Claims Act and Alien Tort Claims Act. Moreover, the rule change weakens the foreign policy commitment of the United States against torture, deteriorates the United States’ general commitment in the fight against terrorism and drug cartels in the Mexican drug war, and generally weakens international law. For many economic, legal, and moral reasons, the article contends IRS’ rule change is the wrong policy choice.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129126939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This short paper presents a summary of the Angolan legal framework applicable to commercial companies aimed at implementing a public-private partnership (PPP).
这篇短文概述了安哥拉适用于旨在实施公私伙伴关系(PPP)的商业公司的法律框架。
{"title":"The Implementation of Public-Private Partnerships (PPP) via a Special Purpose Vehicle","authors":"Sofia Vale","doi":"10.2139/SSRN.2622487","DOIUrl":"https://doi.org/10.2139/SSRN.2622487","url":null,"abstract":"This short paper presents a summary of the Angolan legal framework applicable to commercial companies aimed at implementing a public-private partnership (PPP).","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121086275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A. Grigorescu, Karolina Ilieska, A. Tomescu, Claudiu Valentin Niţu, Cosmin Tileagă, Oana Nițu, R. Chițescu, Cătălin Vrabie, Gheorghe Rusescu, Maria-Magdalena Lupu
The main topics of this no. of journal cover a broad area of domains as: management (general, strategic, project, human resources, financial, production, quality, information system, company, foreign investment etc.), public management (good governance, public finance and budgeting, sustainable development, public institutions, public investment, public services, public expenditure etc.), marketing (strategic marketing, sales policies, customer behavior, market segmentation, marketing research, supply and demand etc.), public and nonprofit marketing (strategic marketing, public policies, citizens’ behavior, marketing research, public supply and demand etc.), business administration (entrepreneurship, business approach, accounting, planning, decision making etc.), business communication, public administration (all subjects that could offer an image on the administration), law (regulations, EU directives, commercial legislation, labor law etc.), public law (administrative, civil, communitaire, European etc.), economics (macro and micro economics, forecast, statistics, national strategies etc.).The content of journal:- Process Management Influence on the Quality of Public Services - Marketing Decision Support System as a Factor for Effective Marketing Management- View Point about Quality Framework of Sustainable Tourism - Romanian Economic Programs and Strategies from the EU Integration Perspective - Strategic Analysis Role and Function - Increasing Transparency through Communication Systems - Communication, Function of Strategic Management
{"title":"Holistica Journal of Business and Public Administration","authors":"A. Grigorescu, Karolina Ilieska, A. Tomescu, Claudiu Valentin Niţu, Cosmin Tileagă, Oana Nițu, R. Chițescu, Cătălin Vrabie, Gheorghe Rusescu, Maria-Magdalena Lupu","doi":"10.2139/ssrn.2438453","DOIUrl":"https://doi.org/10.2139/ssrn.2438453","url":null,"abstract":"The main topics of this no. of journal cover a broad area of domains as: management (general, strategic, project, human resources, financial, production, quality, information system, company, foreign investment etc.), public management (good governance, public finance and budgeting, sustainable development, public institutions, public investment, public services, public expenditure etc.), marketing (strategic marketing, sales policies, customer behavior, market segmentation, marketing research, supply and demand etc.), public and nonprofit marketing (strategic marketing, public policies, citizens’ behavior, marketing research, public supply and demand etc.), business administration (entrepreneurship, business approach, accounting, planning, decision making etc.), business communication, public administration (all subjects that could offer an image on the administration), law (regulations, EU directives, commercial legislation, labor law etc.), public law (administrative, civil, communitaire, European etc.), economics (macro and micro economics, forecast, statistics, national strategies etc.).The content of journal:- Process Management Influence on the Quality of Public Services - Marketing Decision Support System as a Factor for Effective Marketing Management- View Point about Quality Framework of Sustainable Tourism - Romanian Economic Programs and Strategies from the EU Integration Perspective - Strategic Analysis Role and Function - Increasing Transparency through Communication Systems - Communication, Function of Strategic Management","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125024725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
New governance initiatives like co-management can be made effective through the use of agency rulemaking. Using the Mackenzie Valley Environmental Assessment Board as a case study, this paper affirms that it is possible for marginalized stakeholders to participate in new governance arrangements like co-management and to alter decision-making. The study of participation presented here illustrates: 1) that a high level of agency support for community participation in rule-making can lead to rules which reflect community values; and 2) that agency implementation of community values has led to the increased use of stakeholder collaboration through private agreement. Nonetheless, the paper also reveals that there are limitations on the ability to translate social needs into privately negotiated agreements. Where negotiations depart from highly commoditized terms and attempt to include diverse community values, stakeholder participation is bounded. Consequently, this paper questions the use of negotiated agreements to meet the goals of stakeholder participation, as conceived by deliberative democratic strands of new governance.
{"title":"Writing the Rules of Socio-Economic Impact Assessment: Adaptation Through Participation","authors":"S. Graben","doi":"10.2139/ssrn.1628156","DOIUrl":"https://doi.org/10.2139/ssrn.1628156","url":null,"abstract":"New governance initiatives like co-management can be made effective through the use of agency rulemaking. Using the Mackenzie Valley Environmental Assessment Board as a case study, this paper affirms that it is possible for marginalized stakeholders to participate in new governance arrangements like co-management and to alter decision-making. The study of participation presented here illustrates: 1) that a high level of agency support for community participation in rule-making can lead to rules which reflect community values; and 2) that agency implementation of community values has led to the increased use of stakeholder collaboration through private agreement. Nonetheless, the paper also reveals that there are limitations on the ability to translate social needs into privately negotiated agreements. Where negotiations depart from highly commoditized terms and attempt to include diverse community values, stakeholder participation is bounded. Consequently, this paper questions the use of negotiated agreements to meet the goals of stakeholder participation, as conceived by deliberative democratic strands of new governance.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"30 33","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131804648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2010-06-09DOI: 10.5040/9781472560889.ch-016
A. Brink, F. Goudappel
The contribution of the European Union to the development of regional administrative values is the subject of analysis. Does the European Union transform administrative values from domestic values into values of a cross border nature? What mechanisms evolve in this regard? Two topics are analysed: the organization of European legislatures from the point of view of the distinction beteen statutory legislation and administrative regulation and the transparency principle. The conclusion is that on both topics top down and bottom up influences have emerged. Increasingly, processes of transnational ‘cross fertilization’ become relevant as well. In this regard, it is not the vertical relationship between the European Union and the member states, but the horizontal relationship among the member states which is key. Often, the role of the European Union is not a steering or imperative one, but rather accommodating. As such, transnational 'cross-fertilization' is an important driver for the convergence of legal systems in the European Union.
{"title":"Processes of Transnationalization of Administrative Values: Administrative Regulation and Transparency in the EU","authors":"A. Brink, F. Goudappel","doi":"10.5040/9781472560889.ch-016","DOIUrl":"https://doi.org/10.5040/9781472560889.ch-016","url":null,"abstract":"The contribution of the European Union to the development of regional administrative values is the subject of analysis. Does the European Union transform administrative values from domestic values into values of a cross border nature? What mechanisms evolve in this regard? Two topics are analysed: the organization of European legislatures from the point of view of the distinction beteen statutory legislation and administrative regulation and the transparency principle. The conclusion is that on both topics top down and bottom up influences have emerged. Increasingly, processes of transnational ‘cross fertilization’ become relevant as well. In this regard, it is not the vertical relationship between the European Union and the member states, but the horizontal relationship among the member states which is key. Often, the role of the European Union is not a steering or imperative one, but rather accommodating. As such, transnational 'cross-fertilization' is an important driver for the convergence of legal systems in the European Union.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116938768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper presents the basic principles of the EU approach to cost-benefit analysis (CBA) of infrastructure projects, as embodied in the recently issued CBA Guide for the Structural Funds. After an introduction about the objectives and instruments of the 2007-2013 EU Cohesion Policy, the paper discusses some methodological choices which have been made by the team authoring the EC Guide. Some ‘rules of the game’ (i. e. the use of shadow prices, the calculation of a proper shadow wage, the monetisation of non-market impacts, the choice of a social discount rate and the use of welfare weights) have been proposed in the Guide, in the light of regional differences in market conditions and welfare objectives of the EU regional development policy. The analysis shows that, differently from well-known national traditions of Cba in Europe (an explicit comparison is made with the British “Green Book”) the EU perspective calls for a general CBA framework which is not so different from the project appraisal practice in less developed countries.
{"title":"Building a Bridge Across CBA Traditions: The Contribution of EU Regional Policy","authors":"M. Florio, Silvia Vignetti","doi":"10.2139/ssrn.2723461","DOIUrl":"https://doi.org/10.2139/ssrn.2723461","url":null,"abstract":"This paper presents the basic principles of the EU approach to cost-benefit analysis (CBA) of infrastructure projects, as embodied in the recently issued CBA Guide for the Structural Funds. After an introduction about the objectives and instruments of the 2007-2013 EU Cohesion Policy, the paper discusses some methodological choices which have been made by the team authoring the EC Guide. Some ‘rules of the game’ (i. e. the use of shadow prices, the calculation of a proper shadow wage, the monetisation of non-market impacts, the choice of a social discount rate and the use of welfare weights) have been proposed in the Guide, in the light of regional differences in market conditions and welfare objectives of the EU regional development policy. The analysis shows that, differently from well-known national traditions of Cba in Europe (an explicit comparison is made with the British “Green Book”) the EU perspective calls for a general CBA framework which is not so different from the project appraisal practice in less developed countries.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128962262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-01-26DOI: 10.1093/acprof:oso/9780199585007.003.0013
A. Somek
The article offers both a sympathetic and a skeptical perspective on the global administrative law project. While the author agrees with the project's major premise that processes of global governance are to be described in administrative terms he also expresses doubts as to whether these processes are susceptible to the discipline of legality. The article speculates if what has been described hitherto as a move beyond the state might not be better understood, in fact, as the unfettering of statal administrative rationality from legal bounds. In particular, facile attempts to submit administrative processes to some discursively fluid form of legal constraint are likely to fall prey to what the law is supposed to control and thus to obscure social reality owing to the influence of normative idealisations.
{"title":"Administration without Sovereignty","authors":"A. Somek","doi":"10.1093/acprof:oso/9780199585007.003.0013","DOIUrl":"https://doi.org/10.1093/acprof:oso/9780199585007.003.0013","url":null,"abstract":"The article offers both a sympathetic and a skeptical perspective on the global administrative law project. While the author agrees with the project's major premise that processes of global governance are to be described in administrative terms he also expresses doubts as to whether these processes are susceptible to the discipline of legality. The article speculates if what has been described hitherto as a move beyond the state might not be better understood, in fact, as the unfettering of statal administrative rationality from legal bounds. In particular, facile attempts to submit administrative processes to some discursively fluid form of legal constraint are likely to fall prey to what the law is supposed to control and thus to obscure social reality owing to the influence of normative idealisations.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"55 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123080674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-10-16DOI: 10.17159/1727-3781/2008/V11I2A2758
R. Roos, S. De la Harpe
In this article good governance in public procurement, with particular reference to accountability is discussed. The principle of providing adequate remedies in public procurement is put under the spotlight. This is done with reference to the decision in Steenkamp NO v Provincial Tender Board, Eastern Cape. In this case the Constitutional Court had to consider whether an initially successful tenderer could lodge a delictual claim for damages to compensate for expenses incurred after conclusion of a contract, which was subsequently rendered void on an application for review of the tender award. The applicable principles of good governance and the applicable provisions of the UNCITRAL Model Law on Public Procurement and the WTO plurilateral Government Procurement Agreement are analysed. This is done to enable an evaluation of the decision by the Constitutional Court in the above case. It is concluded that the South African public procurement system does in this instance comply with the basic principles of good governance with regard to accountability.
{"title":"Good Governance in Public Procurement: A South African Case Study","authors":"R. Roos, S. De la Harpe","doi":"10.17159/1727-3781/2008/V11I2A2758","DOIUrl":"https://doi.org/10.17159/1727-3781/2008/V11I2A2758","url":null,"abstract":"In this article good governance in public procurement, with particular reference to accountability is discussed. The principle of providing adequate remedies in public procurement is put under the spotlight. This is done with reference to the decision in Steenkamp NO v Provincial Tender Board, Eastern Cape. In this case the Constitutional Court had to consider whether an initially successful tenderer could lodge a delictual claim for damages to compensate for expenses incurred after conclusion of a contract, which was subsequently rendered void on an application for review of the tender award. The applicable principles of good governance and the applicable provisions of the UNCITRAL Model Law on Public Procurement and the WTO plurilateral Government Procurement Agreement are analysed. This is done to enable an evaluation of the decision by the Constitutional Court in the above case. It is concluded that the South African public procurement system does in this instance comply with the basic principles of good governance with regard to accountability.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124600098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2007-12-01DOI: 10.1111/j.1468-2230.2008.00681.x
R. Baldwin, J. Black
Really Responsive Regulation seeks to add to current theories of enforcement by stressing the case for regulators to be responsive not only to the attitude of the regulated firm but also to the operating and cognitive frameworks of firms; the institutional environment and performance of the regulatory regime; the different logics of regulatory tools and strategies; and to changes in each of these elements. The approach pervades all the different tasks of enforcement activity: detecting undesirable or non-compliant behaviour; developing tools and strategies for responding to that behaviour; enforcing those tools and strategies; assessing their success or failure; and modifying them accordingly. The value of the approach is shown by outlining its potential application to UK environmental and fisheries controls. Putting the system into effect is itself challenging but failing to regulate really responsively can constitute an expensive process of shooting in the dark.
{"title":"Really Responsive Regulation","authors":"R. Baldwin, J. Black","doi":"10.1111/j.1468-2230.2008.00681.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2008.00681.x","url":null,"abstract":"Really Responsive Regulation seeks to add to current theories of enforcement by stressing the case for regulators to be responsive not only to the attitude of the regulated firm but also to the operating and cognitive frameworks of firms; the institutional environment and performance of the regulatory regime; the different logics of regulatory tools and strategies; and to changes in each of these elements. The approach pervades all the different tasks of enforcement activity: detecting undesirable or non-compliant behaviour; developing tools and strategies for responding to that behaviour; enforcing those tools and strategies; assessing their success or failure; and modifying them accordingly. The value of the approach is shown by outlining its potential application to UK environmental and fisheries controls. Putting the system into effect is itself challenging but failing to regulate really responsively can constitute an expensive process of shooting in the dark.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126716658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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