Responsive regulation at the Dutch Food and Consumer Product Safety Authority: An empirical assessment of assumptions underlying the theory

Responsive regulation usually boils down to the assumption that enforcers should not shift to coercing before it has become clear that persuading does not work. This presupposes that it is possible to determine what the correct enforcement style is, that enforcers can apply the most suitable style, and that enforcers control the negative unintended consequences of their conduct. We have studied the applicability of these presuppositions at the Dutch Food and Consumer Product Safety Authority by way of observations, interviews, and a survey. The applicability of all three presuppositions has proven problematic; enforcement agents apply different styles in comparable cases; they are impeded in applying the most appropriate style; and they do not control the perverse consequences of their conduct because regulatees tend to perceive it as more coercive than intended by inspectors. Our findings are not unique to this inspectorate and hence raise questions about the applicability of the theory of responsive regulation.     

Limits of regulatory responsiveness: Democratic credentials of responsive regulation

Responsiveness and accountability constitute the process of democratic representation, reinforcing each other. Responsiveness asks elected representatives to adopt policies ex ante preferred by citizens, while accountability consists of the people's ex post sanctioning of the representatives based on policy outcomes. However, the regulatory literature tends to interpret responsiveness narrowly between a regulator and regulatees: the regulator is responsive to regulatees’ compliance without considering broader public needs and preferences. Democratic regulatory responsiveness requires that the regulator should be responsive to the people, not just regulatees. We address this theoretical gap by pointing out the perils of regulatory capture and advancing John Braithwaite's idea of tripartism as a remedy. We draw out two conditions of democratic regulatory responsiveness from Philip Selznick – comprehensiveness and proactiveness. We then propose overlapping networked responsiveness based on indirect reciprocity among various stakeholders. This mechanism is the key to connecting regulatory responsiveness with accountability.     

Why meta-research matters to regulation and governance scholarship: An illustrative evidence synthesis of responsive regulation research

This article is an introduction to meta-research, a systematic and replicable process of synthesizing research findings across a body of original research. After introducing the reader to the core of meta-research methodology, meta-research logic and tools are applied to present an evidence synthesis of empirical research on responsive regulation. The article concludes with a meta-research agenda for regulation and governance scholarship, and five key lessons from the empirical responsive regulation literature.     

Naming without shaming: The publication of sanctions in the Dutch financial market

Enforcement agencies increasingly disclose or “name and shame” corporate offenders. This article uses responsive regulation as a framework for an empirical study of the impact of non‐anonymous publication of sanctions in the Dutch financial market. These publications are characterized as “naming without shaming”, because they are used for technical guidance rather than with the intention to shame. The findings show that naming offenders functions as a general deterrent in the market for financial intermediaries, but considerably less so in the capital market. In both markets, the publication of sanctions weakened the impact of enforcement. In the capital market, the publications neutralized the seriousness of offenses and contributed to the image of the regulator as powerless. In the market for financial intermediaries, naming offenders was perceived as stigmatizing shaming and led to defiance, rather than compliance. The case study suggests, however, that the publication of sanctions may provide an opportunity for guidance, provided they contain a moral message, rather than technical instruction.     

Counting on codes: An examination of transnational codes as a regulatory governance mechanism for nanotechnologies

This article examines the rise of nanotechnology‐specific codes of conduct (nano‐codes) as a private governance mechanism to manage potential risks and promote the technology. It examines their effectiveness as well as their legitimacy as regulatory instruments in the public domain. The study first maps the rise of voluntary nano‐codes and the roles played by different actors. Focusing on five specific nano‐codes, the article then discusses their adequacy in terms of scientific uncertainty, gaps in existing regulatory regimes, and broader societal concerns. It concludes that these voluntary nano‐codes have weaknesses including a lack of explicit standards on which to base independent monitoring, as well as no sanctions for poor compliance. At the same time it also highlights the potential power of these governance mechanisms under conditions of uncertainty and co‐regulation with government. It is likely that nano‐codes will become the “first cut” of a new governance regime for nanotechnologies.     

Merging content analysis and the policy sciences: A system to discern policy-specific trends from news media reports

In this article we set out to bridge a surprising methodological gap between two time-honored research traditions – news media content analysis and the policy sciences analytic framework. Lasswell, a recognized pioneer of both the method and the framework, discussed the mutual benefits of each decades ago. But few researchers, if any, have formally linked the two. To that end, in this article we (1) make the case for using news media content analysis to inform research studies using the policy sciences analytic framework; (2) introduce an original content analysis categorical system for that purpose; (3) demonstrate that system with a study of 90 national news articles about the stratospheric ozone hole; and (4) compare our system to others used to examine news content. We report that our system, used by human coders, is well geared to describing and mapping trends in the social process surrounding the development of the Montreal Protocol ozone treaty during the intelligence gathering and promotion phases encompassed by our data sample. We argue that other content analysis systems fall short – in structure and purpose – of meeting the promise ours holds to the policy scientist.     

The liberalization and (re)regulation of Dutch gambling markets: National consequences of the changing European context

This paper deals with the liberalization of Dutch gambling markets, in particular the (re)regulation of these markets after 2002. It is argued that during the 1990s a neo‐liberal “risk regime” of gambling regulation replaced the traditional moralizing and restrictive gambling policies. However, this risk regime has recently been challenged by the development of Internet gambling, the discussions about the “Services Directive” in the European Parliament and cases brought to the European Court of Justice. These circumstances are redefining the European context for national gambling policies and gambling organizations. Together with a growing risk awareness, this has caused the Dutch government to reconsider its gambling policies. This paper outlines the basic features of the risk regime of gambling regulation, and makes clear that after a decade of great leniency and tremendous market growth, the Dutch gambling markets, including casinos, lotteries and slot machines, were confronted with serious backwashes.     

Conflict of interest regulation in European parliaments: Studying the evolution of complex regulatory regimes

The growing complexity of parliamentary ethics regulation adopted over the last decades makes the systematic examination of its nature and the rationales underpinning regulatory choices an important endeavor. In this paper we introduce conceptualizations and measurements of conflict of interest (COI) regulation directed toward assuring the impartial and unbiased decisionmaking of national parliamentarians. We distinguish the strictness of rules, the nature of enforcement, sanctions, and transparency requirements as core elements defining COI regimes. Applying our framework to 27 European democracies, we select two cases for in‐depth analysis in which legislators chose very different solutions in response to growing pressures to regulate themselves, to inductively explore the drivers underpinning the choice of COI mechanisms: the United Kingdom, which adopted a highly transparency‐oriented regime, and Belgium, which adopted a highly sanction‐oriented COI regime. Echoing neo‐institutionalist perspectives, the longitudinal analyses indicate how the two democracies’ different institutional environments shape distinct answers to similar functional pressures.     

Exploring the formal and informal roles of regulatory intermediaries in transnational multistakeholder regulation

Research on regulation and regulatory processes has traditionally focused on two prominent roles: rulemaking and rule‐taking. Recently, the mediating role of third party actors, regulatory intermediaries, has started to be explored – notably in a dedicated special issue of the ANNALS of the American Academy of Political and Social Science. The present special issue extends this line of research by elaborating the distinction between formal and informal modes of regulatory intermediation, in the specific context of transnational multistakeholder regulation. In this introduction, we identify two key dimensions of intermediation (in)formalism: officialization and formalization. This allows us to develop a typology of intermediation in multistakeholder regulatory processes: formal, interpretive, alternative, and emergent. Leveraging examples from the papers in this special issue, we discuss how these four types of intermediation coexist and evolve over time. Finally, we elaborate on the implications of our typology for regulatory processes and outcomes.     

An overview: A new era of tax enforcement – from “big stick” to responsive regulation

Recent developments in regulation and tax administration in Australia inspired this article on tax compliance and responsive regulation. This article analyzes the economics of crime and compliance as the dominant approach to tax enforcement of the past three and a half decades. It evaluates the key advantages and disadvantages of the economic approach as well as its application to tax. The article then explores responsive regulation as an alternative method that draws on the economic paradigm but also supplements this approach with other theories, particularly those involving identity, conflict escalation, and procedural justice. Building on this analysis and a case study of Australian investors in mass marketed tax schemes, the article suggests that the broader, more balanced, and closely tailored method of regulating responsively may enable regulators to draw on the advantages of the economic model while alleviating some of its drawbacks. Responsive regulation may therefore constitute a superior method for regulating compliance.     

Pedagogy of regulation: Strategies and instruments to supervise learning from adverse events

Diverse scholars have argued that standards and performance measurements are “instruments of control” that have a profound influence on the day‐to‐day lives of individuals and organizations, causing constitutive effects. Regulatory bodies increasingly use standards to oversee and monitor the regulated. This paper discusses the Dutch Health and Youth Care Inspectorate's use of both standards and a performance measurement system introduced to monitor how Dutch hospitals investigate and learn from serious adverse events. Rather than focusing on how standards affect regulated practices and organizations, our study examines how the use of these instruments affects the standard maker, that is, the Inspectorate. We explore how the Inspectorate's work practices, standards, and coupled performance measurement system influence its regulatory pedagogy, reviewing practices, and decisionmaking. We conclude that standards and performance measurement systems are not by definition “instruments of control” as their constitutive effects are (under)determined by the relationships in which they are enacted.     

Judiciaries as crucial actors in Southern regulatory systems: A case study of Indian telecom regulation

This article addresses regulatory reforms in the Indian telecommunications sector and emphasizes the role of the Indian judiciary. Our claim is that when confronted with a series of disputes relating to the nascent telecom regulatory landscape, the Supreme Court of India sought to make a constructive contribution to both the actual disputes as well as the overall regulatory framework. Our reading of these cases suggests that in the sphere of telecom, the Supreme Court has been less interested in stamping its own authority on issues, and has instead sought to bolster the authority and legitimacy of the recently constituted telecom regulatory institutions. We seek to draw attention to the role of the Indian judiciary as marking an exceptional feature of evolving regulatory systems in the Global South. Conventional wisdom in the regulatory jurisprudence that has evolved in the Global North suggests that judiciaries should have little or no role to play in regulatory systems. We suggest that to overcome the special challenges that regulatory systems in the Global South confront, more established institutions and actors might have to lend credibility and legitimacy to enable nascent regulatory actors to develop over time. At least in the Indian case, this is one way to understand the Indian judiciary's interventionist actions in the sphere of telecom regulation.     

System failure: it's not just the media — the whole political system has failed

This paper provides a critique of attempts in the field of political communication to explain apparent voter apathy and declining electoral turnout. The response of many commentators is either to blame the media for the problem or to see the media as the solution to any problem that might exist. First, the paper examines the ‘blame the media’ school of thought—as exemplified by liberal commentators in the UK and the USA. Secondly, the paper focuses on the ‘optimists’ who argue that the spin/media nexus is either morally neutral or may actually be improving citizen involvement. The paper argues that both approaches are flawed at the level of conceptualisation and of methodology. The narrow conceptualisation of the field means that even in the unusual cases where scholars look beyond the question of elections, the research agenda is still fixed at the level of media power and not on how the media fit into a wider system of power relations. Most obviously, the field tends to avoid the question of political and economic outcomes. The paper ends by suggesting that the problem of disengagement from formal politics is a response to the crisis of legitimacy in the institutions of democracy in the USA and UK. Copyright © 2004 Henry Stewart Publications     

Contested meanings,myths and hyperimages of the apocalypse: the Bakhtin Circle and the politicisation of catastrophism

This article considers the depoliticising effects of current images and myths of apocalyptic visions, such that the world faces a catastrophe whether this emerges from environmental degradation, mass migration, terrorism, or global financial collapse. In our digital media age, apocalyptic images are now also captured through the raw footage of actual disaster events. In the article we call such footage, “hyperimages”. The power of the hyperimage is not, as Baudrillard once said, that reality is “just like the movies”, rather, hyperimages demonstrate that the image captured and shown to others is all too real because they depict actual everyday disasters. Importantly, such is the power of hyperimages that they are often employed by the political right to help them construct a hegemonic project aiming to win state power and to influence state policies. Drawing on the Bakhtin Circle, however, we show that hyperimages are also mediated and circulated through a multitude of social groups and voices in society, which contain seeds of radical heteroglossic alternatives to that of the right. Following this, the article then examines how responses to apocalyptic hyperimages can be politicised in a progressive direction.     

The effectiveness of the telecommunications regulatory regime: the case of Sri Lanka telecom

This article examines the telecommunications industry in Sri Lanka and assesses the effectiveness of regulatory arrangements associated with the liberalisation of the telecommunications industry, from a management point of view. The review focuses on the scope of services, price and the quality of services available to customers after the liberalisation. This study finds that, despite the early establishment of the Telecommunications Regulatory Commission (TRC) to monitor the telecommunications industry, its interventions have been only partially successful in making it conducive to service providers and customers. While liberalisation of the telecommunications industry has been favoured, the role of the regulator has been controversial with regard to its independence, impartiality, capability, transparency and accountability. We argue that the current model has failed to create favourable market conditions under the circumstances prevailing in the country, and hence a more appropriate model is yet to be developed. Copyright © 2006 John Wiley & Sons, Ltd.     

Missing links between regulatory resources and risk concerns: Evidence from the case of food safety in China

Do resources available to regulatory agencies matter for public perceptions of social risks? In this paper we use the case of food safety in China to empirically examine the relationship between regulatory resources and risk concerns. The multilevel model estimates suggest that neither regulatory revenue nor personnel is significantly related to public concerns over food safety. There is also no significant interaction effect between regulatory resources and food scandals. Despite the fact that sufficient fiscal revenue and manpower are the prerequisites of effective food safety regulation, they do not elicit more favorable public perceptions. These are the two missing links leading to the insignificant effect of regulatory resource inputs. First, ineffective distribution and deployment of resources and the lack of external participation retard the growth of regulatory capacity. Second, underinvestment in risk communication and the amplification effect of risks undermine regulatory legitimacy. We discuss the theoretical and policy implications of the results, and conclude with research limitations and suggestions for future research.     

The regulatory state and the UK Labour Government's re‐regulation of provision in the English National Health Service

Following its election in 1997, the UK Labour Government embarked upon a 10 year program of reform of the National Health Service (NHS). By 2005, Labour had doubled the NHS budget and dramatically transformed the shape of the Service. In England, a basic characteristic of the NHS is the organizational split between provider and commissioning agencies. In this article I argue that Labour's re‐regulation of NHS provision is a coherent representation of the influence of the “regulatory state” in restructuring arrangements between government, market, and society. The article offers an account of the regulatory state based on a discussion of five key theses: The Audit Society, Regulation Inside Government, The New Regulatory State, The British Regulatory State, and Regulatory Capitalism. The article unfolds Labour's program of reform across themes common to these accounts: the division of labor between state and society, the division of labor within the state, the formalization of previously informal controls, and the development of meta‐regulatory techniques of enforced self‐regulation. It concludes that the key themes of the regulatory state are at work in Labour's transformation of NHS provision and it offers a discussion of the implications for both scholars of regulation and the UK and European health policy literature.     

The culture of risk regulation: Responses to environmental disasters

Disasters challenge the equilibrium of regulatory regimes and make policy shifts more likely. Using an institutional theory of cultural biases and the concept of cultural “surprise”, this article analyses the direction and intensity of media argumentation in respect of policy shifts. Instead of assuming a demand for greater State intervention after dramatic focusing events, as suggested by other theoretical frames, cultural theory opens a variety of options that range from embracing regulatory responses from different cultural biases to the radicalization of current, but failing, instruments. The analysis of media reaction to the environmental disasters caused by the oil spills of Exxon Valdez (United States), Erika (France) and Prestige (Spain) shows that the demand for more hierarchy does not monopolize the overall argumentation. The change demanded often implies a radicalization of a particular prevalent view where the associated institutional setting is failing its supporters.     

Regulatory capabilities: A normative framework for assessing the distributional effects of regulation

This paper develops the normative concept of “regulatory capabilities.” It asserts that nobody – individuals, groups, or entities – should be subjected to a regulatory regime without some freedom to determine its nature. Self‐determination in this context means the ability to accept or reject a regulatory regime imposed by others or to develop viable alternative approaches. We use the term “regulatory capabilities” to capture the importance of enabling conditions for regulatory self‐determination. This is particularly important in the transnational context where private, hybrid public–private, and public actors compete for influence, shape domestic regulation, and, in doing so, limit the scope for democratic self‐governance. In short, this paper seeks to contribute to the general debate on the normative foundations of and the requisite conditions for transnational regulation and governance.     

Trade liberalization and the spread of regulatory institutions: The case of Chile

It is currently widely recognized that trade liberalization leads not only to deregulation but also to re‐regulation. However, it is less well understood how trade agreements and trade liberalization affect domestic regulatory institutions. This article aims to contribute to such an understanding through a case study of Chile. Since 1990, Chile has pursued a strategy of economic integration through bilateral, regional, and multilateral agreements. The study shows how this strategy has led to the partial implementation of a patchwork of competing regulatory institutions, many of which can trace their roots to the domestically preferred institutions of Chile’s major trading partners.