From “smart regulation” to “regulatory arrangements”

When regulators are faced with practical challenges, policy instrument choice theories can help them find the best solution. However, not all such theories are equally helpful. This paper aims to offer regulators a better alternative to the current policy instrument choice theories. We will specifically address the shortcomings of “smart regulation theory” and present an alternative that keeps the best of that theory while remediating its weak points. Some authors (Böcher and Töller 2003; Baldwin and Black 2008) say that smart regulation theory does not address institutional issues, compliance type-specific response, performance-sensitivity and adaptability of regulatory regime. We have resolved these problems by merging the smart regulation theory with the policy arrangement approach and the policy learning concept. We call the resulting approach “regulatory arrangement approach” (RAA). The central idea of the RAA is to constrain the almost infinite “smart” regulatory options by: the national policy style; adverse effects of policy arrangements of adjoining policies; the structure of the policy arrangement of the investigated policy and competence dependencies of other institutions. The reduction can be so drastic that the potential governance capacity falls below the smart regulation threshold. In other words, no smart regulatory arrangement can be developed in that institutional context unless policy learning occurs. In addition, a “smart” regulatory arrangement is no guarantee that the policy will succeed. For this reason, the performance of the regulatory arrangement is measured and evaluated. Performance below a certain threshold indicates that the regulatory arrangement needs to be adapted, which then results in policy learning. We illustrate the usefulness of this new approach with a secondary analysis of the Flemish sustainable forest management policy.     

Governance by Proxy: A Comparative Policy Analysis of the Mainstreaming of Immigrant Integration Governance

Abstract

This paper assesses mainstreaming as a governance strategy that potentially addresses the call for a more integral governance response to wicked policy problems. Our comparative qualitative policy analysis of the mainstreaming of immigrant integration governance contributes to the governance and mainstreaming literature by emphasizing the importance of strong horizontal and vertical coordination mechanisms and the distinction between universal and proxy targeting in mainstreaming. Although policy programmes indeed seem to broaden to a universal mainstreamed approach, in practice they often operate by “proxy”. Furthermore, horizontal coordination structures tend to be weak or not in place at all, again obstructing the embedding of immigrant integration as a mainstreamed cross-cutting governance issue.     

The Challenges of Consulting the Public on Science Policy: Examining the Development of European Risk Assessment Policy for Genetically Modified Animals

With the growing importance of public engagement in science policy making and declining levels of public trust in food production, the European Food Safety Authority (EFSA) has attempted to embed “good governance” approaches to strengthen scientific independence and open up risk decision making, which include the use of public consultations. However, “opening up” of risk assessment policies reveals some tensions; namely, balancing the goals of scientific excellence and transparency, protecting science from interests, addressing value judgments, and limited opportunities to debate ethical and social issues. EFSA's development of risk assessment policy for genetically modified animals is used as a case study to analyze these tensions. This analysis suggests that in order to fulfill good governance commitments and maintain trust in risk governance, closer cooperation between EFSA and the European Commission is required to provide “space” for debating the broader risk management issues. This publically accessible space may be needed alongside rather than instead of EFSA's consultation.     

Escaping the International Governance Dilemma? Incorporated Transgovernmental Networks in the European Union

This article investigates the role of transgovernmental networks of national regulators in addressing collective action problems endemic to international cooperation. In contrast to recent work on transgovernmental actors, which emphasizes such networks as alternatives to more traditional international institutions, we examine the synergistic interaction between the two. Building on the broader premise that patterns of “dual delegation” above and below the nation‐state enhance the coordinating role of networks of national agencies in two‐level international governance, the article examines the formal incorporation of transgovernmental networks into European Union (EU) policymaking. The focus on authoritative rule‐making adds a crucial dimension to the landscape of EU governance innovations while connecting to the broader study of transgovernmental networks in international governance. The article develops an analytical framework that maps these incorporated networks across different sectors in terms of function, emergence, and effectiveness. Two case studies of data privacy and energy market regulation are presented to apply and illustrate the insights of this mapping.     

Confucius Meets Weber or “Managerialism Takes All”? Comparing Civil Servant Values in China and the Netherlands

ABSTRACT

This article assesses the validity of normative claims on how civil servant values in East Asian and Western European administrations differ. By triangulating quantitative and qualitative survey data from a sample of Chinese (n = 508) and Dutch (n = 238) civil servants, we aim to answer two main research questions: “How and why do ideal-type and real-life rankings of civil servant values differ between Chinese and Dutch civil servants?” and “Do differences reflect administrative traditions of both countries?” Our findings demonstrate that similarities exceed differences between value rankings. Surprisingly, ideal-type value rankings are more similar than real-life rankings, with only a few idiosyncratic differences reflecting administrative traditions. Chinese civil servants perceive institutional and systemic factors as reasons for incongruence between ideal-type and real-life rankings, whereas Dutch civil servants emphasize meso-level factors such as organizational public management reforms. We theorize on our results and we provide suggestions for future research.     

农村基层治理:科层制抑或反科层化?——基于桂南Q市“联镇包村”制度运作的调研分析

农村基层治理是国家治理体系的重要组成部分,也是各级政府提升社会治理能力的重要抓手。以“包发展、包党建、包稳定”为主导的联镇包村制度是地方政府回应国家加强农村基层治理的一项制度安排,在制度运行中显现出如下特点:组织高层依赖权威治理,化解政策执行阻力;委派单位依赖代理治理,缓和基层社会矛盾;驻村干部依赖指标治理,提高主体责任意识的科层制路径依赖特性。在压力型体制下,不同行动者的行动逻辑显现出差异化:组织高层由“权威动员”向“参与互动”转变;委派单位由“分利失序”向“合作共治”转变;驻村干部由“被动回应”向“主动服务”转变。这种反科层化的运作方式推动联镇包村制度运行,以此提升基层自治组织的治理能力,进而推动农村基层走向“善治”。     

Playing games of governance: How and why Fair Trade pioneers evade corporate capture

The concept of power in political governance has traditionally focused on domination and the preservation of the status quo. In an economic context, institutional and organizational studies have expressed growing interest in the dynamics of agency and institutional change, captured in the concept of “institutional entrepreneurship.” In the context of global free trade, the Fair Trade movement's experience shows that ongoing institutional entrepreneurship is important for entrepreneurs to transcend absorption by corporate hegemony. In this article I examine the capacity for agency in market institutions through the lens of “defiance” to illuminate the imaginative “game players” who evade institutional capture in the evolution of market governance.     

Experimentalist governance in the EU: The emperor's new clothes?

Most students of the EU agree by now that it is best described as a governance system. There is far less consensus on what kind of governance the EU actually features: modern, postmodern, network, cooperative, innovative or simply new? Sabel and Zeitlin have advanced yet another concept. This paper discusses the added value of their “experimentalist governance” (EG), as presented in an edited volume published in 2010, for understanding and explaining the nature of EU policymaking, addressing four questions: First, to what extent is EG distinct from existing concepts of governance? Second, how pervasive is EG in the EU when compared to alternative forms of governance? Third, what is the effect of EG on EU policy outcomes, on the one hand, and the overall architecture of the EU, on the other? Finally, does EG solve or exacerbate the EU's democratic deficit?     

The National Context of Wicked Problems: Comparing Policies on Gun Violence in the US,Canada, and Australia

Scholars and practitioners have always been dogged by problems that are so complex that no practical solution appears to be possible. These have been referred to in the academic literature as “wicked” problems. However, it is possible that a problem’s “wickedness” depends in part on its context and on the vantage point of the observer, meaning that at least some aspects of wickedness can be thought of as being relative rather than absolute. In this article, the complex policy problem of gun control is examined across multiple national contexts to show how a problem that is perceived as being wicked in one jurisdiction can be seen as manageable in another.     

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.     

EU Regulation of Medical Devices and Pharmaceuticals in Comparative Perspective

This paper provides a comparison of European Union regulatory policy for pharmaceuticals and medical devices. The discussion highlights key similarities and differences in regulatory approach for the two sectors. More importantly, it explores the balance that has been struck between public health, health care, and industrial policy as “competing” objectives within the respective regulatory regimes. It is argued that, despite both sectors being affected by the same institutional rules and constraints at the EU level, and both being central to the delivery of high-quality health care in Europe, there are a surprising number of differences between the regulatory frameworks. That this stems in part from their different “launch” times, hence different institutional conditions of regulation, and commensurate political climates, as well as reflecting different aims and goals among member-state and EU-level policy makers, are among the paper's main conclusions.     

Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

In Australia, labeling for consumer choice, rather than higher government regulation, has become an important strand of the policy approach to addressing food animal welfare. This paper illustrates the usefulness of “regulatory network analysis” to uncover the potentials and limitations of market‐based governance to address contentious yet significant issues like animal welfare. We analyzed the content of newspaper articles from major Australian newspapers and official policy documents between 1990 and 2014 to show how the regulatory network influenced the framing of the regulatory problem, and the capacity and legitimacy of different regulatory actors at three “flashpoints” of decisionmaking about layer hen welfare in egg production. We suggest that the government policy of offering consumers the choice to buy cage free in the market allowed large‐scale industry to continue the egg laying business as usual with incremental innovation and adjustment. These incremental improvements only apply to the 20 percent or so of hens producing “free‐range” eggs. We conclude with a discussion of when and how labeling for consumer choice might create markets and public discourses that make possible more effective and legitimate regulation of issues such as layer hen welfare.     

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.     

The Bio-economy and the Competition State: Transcending the Dichotomy between Coordinated and Liberal Market Economies

This article examines the role of the state in the emerging bio-economy. The starting point is that state interventions, including supportive regulatory arrangements and the shaping of public attitudes, constitute core assets in the evolution of bio-industrial complexes. Public policy in the bio-economy, across advanced industrial countries, is well captured by the “competition state” concept. This type of state takes different forms, analogously with the historical variants of the Keynesian welfare state. The article compares patterns of governance of the biotechnology sector in Finland and Sweden, the USA and the UK, and Australia. It is concluded that the bio-industry sector does not fit with the “models of capitalism” paradigm which postulates coherence within, and systemic divergences between, national models of economic governance. The bio-economy displays trends toward convergence, in particular mounting public investments in health care and in research and development. On the other hand, countries differ in their approach to market regulation, industrial support, and ethical restrictions. These differences do not follow the dichotomy between “liberal” and “coordinated” models of capitalism.     

Explaining Australian Economic Success: Good Policy or Good Luck?

Australia and some European countries experienced economic “miracles” in the 1990s that reversed prior poor export, employment, and fiscal performance. The miracles might provide transferable lessons about economic governance if it were true that economic governance institutions are malleable, and that actors deliberately changed those institutions in ways that contributed to the miracles. This paper analyzes Australian policy responses to see whether remediation should be attributed to pluck (intentional, strategic remediation of dysfunctional institutions to make them conform with the external environment), luck (environmental change that makes formerly dysfunctional institutions suddenly functional), or just being stuck (endogenous or path‐dependent change that brings institutions into conformity with the environment). These distinctions help establish whether actors can consciously engineer institutional change that is “off‐path.” While pluck appears to explain more than either stuck or luck in the Australian case, the analysis suggests that both off‐path behavior and policy transfer are probably rare.     

推进新乡贤融入农村基层治理的思考

“新乡贤”作为农村基层治理重要的非制度性主体,是贯彻落实“乡村振兴”战略的重要规划部署,有助于汇聚社会多方力量、统筹社会资本、助力乡村振兴;有助于实现农村基层治理参与主体的多元化;以“新乡贤”为建构主体的“乡贤文化”有助于推进农村基层治理文化建设。但是,“新乡贤”在农村基层治理纵深拓展的过程中却呈现出融合难、效果低、留不住等突出问题,限制了“新乡贤”内在功用的发挥。因此,应该从拓宽“新乡贤”参与农村基层治理的渠道、完善“激励—约束”并重的风险防控体系、健全社会主义核心价值观培育机制入手,以期为“新乡贤”有效融入农村基层治理,进而提升其治理效能提供有益参考价值。     

The politics of Artificial Intelligence regulation and governance reform in the European Union

This paper explores political drivers and policy process of the reform of the framework for Artificial Intelligence regulation and governance in the European Union (EU). Since 2017, the EU has been developing an integrated policy to tighten control and to ensure consumer protection and fundamental rights. This policy reform is theoretically interesting, raising the question of which conceptual approaches better explain it, and it is also empirically relevant, addressing the link between risk regulation and digital market integration in Europe. This paper explores the policy reform mainly by using two case study methods—process tracing and congruence procedure—using a variety of primary and secondary sources. It evaluates the analytical leverage of three theoretical frameworks and a set of derived testable hypotheses concerning the co-evolution of global economic competition, institutional structure, and policy preferences of domestic actors in shaping incremental approach to AI regulation in the EU. It is argued that all three are key drivers shaping the reform and explain the various stages of the policymaking process, namely problem definition, agenda-setting, and decision-making, as well as the main features of the outcome.

     

Changing the Tobacco Use Management System: Blending Systems Thinking with Actor–Network Theory

Managing “wicked” issues like the tobacco epidemic is addressed using a combination of Open Systems Thinking (OST) and Actor–Network Theory (ANT). OST was used to construct a model of the tobacco problem as a management system acting in a broader environment. This highlighted several problems with the current system but provided no mechanism for reform. ANT, the “sociology of translation,” was used for understanding how change occurs. Unlike systems thinking, ANT focuses the contest for change on heterogeneous networks of human and nonhuman actors that must be constructed through a process of defining and defending models of change, building alliances, gaining public acceptance, and finally achieving institutional acceptance of the reform (or of some compromise). We then show how this dual approach can shed light on a current challenge in controlling tobacco, the issue of product regulation, and the broader issue of harm reduction versus harm elimination.     

Do technocrats boost the acceptance of policy proposals among the citizenry? Evidence from a survey experiment in Italy

Are policies proposed by technocrats more easily accepted by citizens than those proposed by traditional partisan actors? This is a crucial question, as politicians increasingly rely on technocrats for resolving “wicked problems” such as financial, environmental, and health crises. To answer this question, we conducted a survey experiment among 5000 Italian respondents. At the time of our experiment, Italy was governed by a “grand coalition” of various technocratic and partisan actors, enabling us to realistically vary the proponents of different policy proposals. Overall, citizens are more likely to accept policies proposed by technocrats as opposed to party leaders. In particular, we find that technocratic proponents boost policy acceptance even more for economic and valence issues. Furthermore, we find that this “technocratic effect” is generally stronger among citizens who are more likely to disagree with the policy content.     

Deliberative Politik in transnationalen Räumen — Legitimation und Effektivität in der grenzüberschreitenden Umweltpolitik zwischen Kanada und USA

The article addresses new, horizontal and dialogue-oriented forms of political governance in transnational spaces. A normative-analytical model of deliberative governance will be developed to appraise the democratic potential of transnational structures and actions. The research is guided by the observation that the North American Great Lakes Regime reveals a high democratic-deliberative quality whereas international governance rather tends to de-democratization. This raises a challenging research question: To what extent does the deliberative governance of the Great Lakes Regime provide a model case, which allows drawing conclusions on institutional prerequisites and means how to “democratize” governance in similar issue areas.