Agencies’ formal independence and credible commitment in the Latin American regulatory state: A comparative analysis of 8 countries and 13 sectors

This article tests functional and institutional explanations for the different levels of formal independence of regulatory agencies in Latin America. The analysis is grounded in an original database of the formal independence level of 104 regulators in 8 countries and 13 regulatory sectors. The results challenge a central claim of the credible commitment hypothesis as they indicate that privatization is not a significant determinant of agency independence nor are utility regulators more likely to be independent than other economic regulators. Veto players are positively correlated with formal independence, indicating that in developing countries they operate together as credibility‐enhancing mechanisms, rather than as functional equivalents, as previous studies on developed countries have shown. Democratization is positively correlated with formal independence, whereas trade opening and vulnerability to international pressures has no significant impact. Hence, this article enhances the understanding of the delegation of regulatory powers to formally independent agencies in developing countries.     

The States Come Marching In: Examining State Agency Influence on Federal Rules

Amidst congressional gridlock, administrative rulemaking is the main pathway for environmental policy making. Scholars have assessed the role of the institutions of government (the president, Congress, and the courts) and key interest groups (i.e., business and environmental interests) in shaping rulemaking outcomes. What is missing from this literature is an assessment of the role of key implementers, state environmental agencies. This research fills this gap by assessing the role and impact of state government agencies in three case studies of rulemaking at the Environmental Protection Agency (EPA). Based on original interviews and a public comment analysis, this research suggests that state agencies play an active and influential role in EPA rulemaking. And, in some cases, state agencies wield more influence than other interest groups. Interviewees argued that this influence stems from these agencies’ unique voice as an implementation collaborator. As a result, researchers should incorporate an assessment of the role of these interests to more effectively explain regulatory outcomes at the EPA and potentially across the bureaucracy.     

Political interference and regulatory resilience in Brazil

Governments face a fundamental tradeoff between regulatory independence and control. Attempts of interference have the effect of reducing the system's level of commitment and credibility. On the other hand, an administration runs the risk that the autonomy delegated to regulators might be used to pursue outcomes that may harm their interests. This tradeoff is particularly relevant when there is an alternation of power with the arrival of a new political elite with different preferences. This paper uses data from a 2016 survey on regulatory governance applied to Brazilian regulatory agencies. This data is compared to a similar survey performed in 2005. The new survey results turn out to be surprisingly similar to those of a decade earlier, suggesting strong resilience of regulatory agencies despite significant attempts at political interference by powerful presidents. The factors explaining the resilience of regulatory governance in Brazil lie in its broader institutional endowment, which moderates the effects of executive interference.     

Deregulation and Participation: An International Survey of Participation in Electricity Regulation

Amidst the wave of privatization and "deregulation" across the globe, a new set of regulatory structures is being created. The fact that deregulation actually involves "re-regulation" has been acknowledged in the recent literature, but the tension between regulation and public participation has been understudied in these new structures. While some private markets need effective regulation to reduce transactions costs and ensure stable market rules, consumers need regulation that is responsive to, and protective of, their interests. Consumer participation, therefore, is an important component of effective regulation. Effective regulation must also consider collective national or public interests, including the well-being of corporations. Therefore, regulatory agencies need to be both independent from, and responsive to corporate, consumer, and public interests. This article will briefly examine the tension among the competing goals of regulatory independence and responsiveness, and then conduct a broad survey of the status quo of public participation in national regulatory structures for electricity in the Americas. Our case studies demonstrate a wide variety of institutional mechanisms for participation, yet we find that no existing system seems to embrace direct participation by a wide set of consumers. The problems are even more acute in developing countries. We conclude by looking at recent experiments and proposals to improve the levels of participation in regulatory decision making.     

Agency Autonomy Actually: Managerial Strategies,Legitimacy, and the Early Development of the European Union's Agencies for Drug and Food Safety Regulation

ABSTRACT

In recent decades, a series of regulatory agencies has been created at the European Union (EU) level. The existing literature on EU agencies focuses either on autonomy as a reason for the creation of such agencies or on the autonomy that they are granted by design. As a result, we do not know much about how EU agencies' actual autonomy comes about. This article therefore probes into the early development of two specific agencies. On the basis of document analysis and interviews with agency staff members, national experts, EU officials, external stakeholders, and clients, it explores why, in practice, the European Medicines Agency (EMA) seems to have developed a higher level of autonomy than the European Food Safety Authority (EFSA), even though on paper EMA appears to be as autonomous as, or if anything, less autonomous than EFSA. The article demonstrates the importance of investigating the managerial strategies of EU regulatory agencies to understand the actual practice of their autonomy and points to legitimacy as a key condition affecting the early development of such agencies.     

Social movements and regulatory agencies: Toward a more adequate—and less pessimistic—Theory of “clientele capture”

Many regulatory agencies were established during the Progressive Era and the New Deal, in part out of faith in their capacity to regulate industry in an apolitical and “scientific” fashion. A number of observers—most notably Marver Bernstein—have noted that many regulatory agencies eventually become “captured” by the very interests they are supposedly regulating. This paper first examines the notion of “clientele capture,” focusing in particular on the development of an operational classification of regulatory policies. It then builds upon Bernstein's suggestion that the cycle of decay commences with the demise of the constituency supporting regulation. Through case studies an effort is made to explore (1) the conditions under which a regulatory agency is likely to actively attempt to develop a supportive constituency and (2) the conditions under which a constituency supportive of aggressive regulation is able to effectively monitor regulatory policy (and to be instrumental in preventing slippage) after the decline in public concern with the issue.     

The Politics of 'Eurocratic' Structure and the New European Agencies

The establishment of agencies at the European level is one of the most notable recent developments in EU regulatory policy. This article examines how politics has shaped the design of EU regulatory agencies. Building on the American politics literature on delegation, the article explains how principal-agent concerns and political compromise have influenced agency design in the EU context; shows how conflicts between the EU's primary legislative actors - the Council and the Parliament - and its primary executive actor - the Commission - have influenced the design of new bureaucratic agencies; and discusses how the growing power of the European Parliament as a political principal has changed the politics of agency design.     

Decoupling trends: Drivers of agency independence in telecommunications: An analysis of high and middle-income countries

Global diffusion of regulatory reforms in telecommunications has prevailed in many countries, engendering major institutional changes and entailing the establishment and/or reform of regulatory agencies. Although the triggers and timing of such agentification processes have been more or less similar, agency independence displays significant cross-country variation. Seeking to explain such variation based on a sample incorporating middle-income countries (MICs), this paper examines the impact of political-institutional settings in which the agencies operate, in addition to the impact of economic parameters. Regression analysis reveals that political rights appear as the central parameter, while their impact is more robust in MICs than in advanced countries. The results underscore considerable cross-national variation in regulatory governance, along with a noteworthy decoupling between MICs and advanced countries. Concurring with the regulatory regionalism perspective, the paper delineates distinct regional clusters, albeit remaining agnostic about the determinants of such clusters.     

When do autonomous banking regulators promote stability?

Can autonomous banking regulatory agencies reduce the odds that a country will suffer a crippling banking crisis? We investigate the impact that agencies charged with banking regulation and prudential supervision can have on financial stability in the banking sector. We argue that the potential benefits of autonomy are hard to realise because banking regulators face incentives to shirk in their mandate to secure banking stability. These incentives are strongest in political systems with high numbers of veto players, where the autonomy of a banking agency is difficult to undo even if the agency is derelict in promoting banking sector stability. We test an implication of this argument, namely, that the probability of bank crisis onset should diminish with the level of autonomy of the banking agency, but only in polities with low numbers of veto points. We base our analysis of this conditional hypothesis on an original dataset of 79 countries observed between 1971 and 2009 that captures the degree of autonomy of banking agencies from political principals. Our findings confirm that the impact of banking agency autonomy on the risk of bank crisis onset is conditional on the political structure in which the agency is embedded.     

Out of tune or well tempered? How competition agencies direct the orchestrating state

This article analyzes the impact competition agencies have on the orchestrating role of states in domestic private regulation. I argue that these agencies can significantly affect interactions in the governance triangle through the way they apply a “logic of the market” to evaluate agreements between firms. The regulatory framework of European Union competition law has increasingly constrained the ability of firms to take into account broader interests when making agreements to foster social objectives. This logic of the market clashes with the ever‐increasing emphasis governments place on enabling firms to enter into such agreements. I analyze this tension through a case study of a pact of Dutch retailers to collectively introduce higher animal welfare standards for poultry. Using regulatory network analysis I trace the governance interactions between the governance triangle on the one hand (government, non‐governmental organizations, and firms), and the Dutch competition authority, Autoriteit Consument en Markt (ACM) and the European Commission on the other hand. Attempts by the Dutch government to instruct the ACM to be more lenient toward private regulation were blocked twice by the European Commission. As a result, the Dutch government abandoned private regulation as the preferred mode and proposed a bottom‐up process that would generate public regulation as a way to avoid conflict with competition policy. I argue that paradoxically enough the intervention of these non‐majoritarian competition agencies against the “will” of the governance triangle has potentially increased the effectiveness and legitimacy of orchestration processes.     

Public policy's bibliography: The use of research in US regulatory impact analyses

Major US federal regulatory decisions are developed and justified using regulatory impact analyses (RIAs) mandated by executive order. We examine the scientific citation activity in RIAs, a unique effort that we believe holds significant potential for understanding the use of science in policymaking. This paper reports preliminary findings from collecting and examining scientific citations in 104 RIAs from 2008–2012. We present evidence indicating that some agencies make extensive use of science in RIAs, that there is substantial variation in use across agencies, and show variation across journals and disciplines cited by regulatory agencies. Finally, we present analysis showing that regulatory policymakers make greater use of research published in highly cited scholarly journals. We conclude by outlining several future directions for research using these data.     

产品质量安全监管体制的国际比较与启示

产品质量问题关系到社会公众的人身与财产安全,对于企业、消费者乃至整个社会都是一个不容回避的问题,发达国家经过长期积淀形成了较为严格与稳定的产品质量安全监管体制,并呈现日渐完善趋势。美国、欧盟与日本等在产品质量安全监管的法律法规、机构设置、技术支撑等方面具有较为成熟的经验与措施,而我国存在产品质量安全法律法规体系不够系统、多部门监管、权责利分配不到位、认证标准体系缺失与滞后等问题。完善我国的产品质量监管,要树立一体化规范制定理念,确保法律体系系统化;整合梳理监管机构职能,促进监管资源的有效配置;引入成熟经验成果,鼓励监管措施多样化。     

The regulatory state in developing countries: Redistribution and regulatory failure in Brazil

Following the traditional doctrine of the “regulatory state”, regulatory agencies should be given very focused mandates and stay away from the politicized realm of distributive policies and decisions. An opposing perspective would state that if regulatory agencies can contribute to economic redistribution, positive results such as network expansion, economies of scale, and fiscal efficiency will ultimately lead to lower levels of regulatory failure. This article tests whether, in countries of high socio-economic inequality, such as Brazil, the active incorporation of distributive considerations by regulatory agencies leads to lower levels of failure. Through the analysis of the activities of seven Brazilian network regulatory agencies, the article develops theory-driven expectations and tests these expectations using crisp set Qualitative Comparative Analysis (csQCA). It concludes that not prioritizing redistribution is a necessary but not a sufficient condition for regulatory agencies' failure. In most types of failure, a lack of priority to redistribution leads to failure when combined with low regulatory capacity and low levels of competence.     

Regulatory relationships across levels of multilevel governance systems: From collaboration to competition

The European Union and the United States are paradigmatic examples of multilevel governance systems that are also regulatory states. In both settings, informal networks of regulators preceded and existed alongside supranational (federal) regulatory agencies. The literature understood their rationale as preparatory to the creation of higher level agencies. This approach, however, cannot explain why informal regulatory networks still exist, years after the establishment of higher level agencies. What explains the persistence of informal regulatory networks? The argument of this article is that in multilevel governance systems, the relationship between regulatory networks and the supranational level of governance is coevolutionary and embodies struggles for autonomy and authority: as the multilevel governance system consolidates, the character of this relationship evolves from collaborative to competitive. The argument relies on a comparative historical analysis of two voluntary networks of energy regulators from the European Union and the United States, based on 27 interviews and archival research.     

De facto independence after delegation: A fuzzy‐set analysis

The phenomenon of delegating public authority from elected politicians (or ministries headed by elected politicians) to formally independent regulatory agencies (RAs) is becoming increasingly widespread. This paper examines the relation between formal independence, as prescribed in the constitutions of agencies, and de facto independence. Toward this end, it conceptualizes and assesses de facto independence of RAs, and discusses organizational, institutional, and political explanations for divergence from formal independence. The complex relations between de facto and formal independence are examined with a cross‐national, cross‐sectoral comparison of 16 Western European RAs using fuzzy‐set analysis. The results show that formal independence is neither a necessary nor a sufficient condition for explaining variations in the de facto independence of agencies. Other factors, such as the lifecycle of agencies, veto players, and European networks of agencies, have a decisive impact.     

Sex-Based Occupational Segregation in U.S. State Bureaucracies, 1987–97

Is the extent of sex-based occupational segregation in U.S. state bureaucracies related to agency policy missions? Drawing on arguments by Lowi (1985), we contend that levels of sex-based occupational segregation in state bureaucracies vary depending on whether an agency's policy mission is distributive, regulatory, or redistributive. We employ data on the distribution of administrative and professional employees by sex in several types of state agencies across all 50 states for 1987–97. Our findings indicate high levels of occupational segregation among administrative cadres in agencies with distributive and regulatory policy commitments; however, professional workforces in these agencies have become less gender segregated over time. We find no evidence of occupational segregation among administrative and professional workforces in redistributive agencies. We argue that researchers need to examine the relationship between glass walls and other kinds of sex-based employment impediments, such as glass ceilings.     

Public Information and Regulatory Processes: What the Public Knows and Regulators Decide

Because bureaucratic agencies may be less transparent in their decision processes than legislatures, most states have developed processes to incorporate input from regulated communities and other parties potentially affected by regulations. Administrative agencies may encourage democratic practices to increase legitimacy and accountability of the bureaucracy and improve decision‐making processes. However, rules governing the regulatory process vary by state, with some incorporating more open practices than others. Understanding these dynamics is increasingly important, as the rulemaking process has become central to policymaking over the past several decades, with a large portion of policymaking authority delegated to administrative agencies. Drawing from regulatory documents, rulemaking comments, media coverage, and interviews with regulators in 14 regulatory decision processes across five states, this study finds that while states vary in their approach to providing access to information, there are overriding patterns that reduce the role of citizens and the overall transparency of regulatory processes.     

The congressional veto: Shifting the balance of administrative control

During the past decade, hundreds of provisions have been enacted by Congress giving that body some form of control over the projects and regulations of federal agencies. Pressures for more far-reaching measures of this sort, including a proposal to vest Congress with a veto of all regulations promulagated by federal agencies, have intensified debate on both the constitutional merits and administrative wisdom of the congressional veto process. These measures are exerting considerable effect, delaying the decisions of the agencies, reshaping the regulatory process, and increasing the direct congressional role in setting administrative agendas and substantive policies. The result is a transfer of administrative power to the more than 200 standing committees and subcommittees of the Congress-and, significantly, to their staffs. This transfer has served to impede the executive chain of command, to diminish the role of independent regulatory agencies as experts in their respective fields, to devalue judicial review of agency action, and to reduce the accountability of the affected agencies.     

Lockbox Government: Segregated Funding Strategies and the Decline of Governmental Flexibility

Proponents of "reinvention" assert that it will produce governments that are more agile, better able to adapt to rapidly changing conditions, and able to produce public services at much lower cost. However, attempts to make government "work better and cost less" have had limited success. Policy-makers have consequently invested their creative energy in another class of institutional innovations: segregated funding strategies, which protect agencies and programs from the impact of fiscal restraint by excluding them from normal budgeting processes. The proliferation of budget "lockboxes" may actually introduce new rigidities into the public sector and erode democratic influence in policy-making. On the other hand, there may be some circumstances in which these devices can be justified as a method of ensuring that critical long-run interests receive appropriate attention.     

Gaining and seeking access: The European adaptation of domestic interest associations

Abstract. The multilevel governance literature on European politics argues that supranational governing arrangements have increased their autonomy vis–à–vis national governments. As private interests increasingly bypass national levels and become active in transnational Euro–level policy networks, national governments are no longer the sole interface between supranational and national levels. In contrast, the European Union might also be conceptualised as a two–level interstate negotiation system, an approach assuming that interests are formed and aggregated at the national level. Societal interests enter the fray of European negotiations via national executives, and private interests bypassing the national level are considered as a rather marginal, even irrelevant, phenomenon. In addition, both accounts expect different outcomes regarding which sorts of private interests – diffuse or specific – seek and gain access to both domestic and European public actors. By analysing the varying network strategies of domestic private actors, in particular interest associations, this article explores some propositions held by these two approaches. After a more comprehensive outline of some hypotheses, evidence collected among public and private actors at both the domestic (Belgian) and European levels will be analysed. In general, the results suggest that Euro–level networks of domestic interests are substantially related to their structural location within the domestic realm, that network strategies tend to be quite bureaucratic and that the sort of interest represented – diffuse or specific – has a considerable effect on gaining and seeking access.