The opposition deficit in EU accountability: Evidence from over 20 years of plenary debate in four member states

Debates about the European Union's democratic legitimacy put national parliaments into the spotlight. Do they enhance democratic accountability by offering visible debates and electoral choice about multilevel governance? To support such accountability, saliency of EU affairs in the plenary ought to be responsive to developments in EU governance, has to be linked to decision‐making moments and should feature a balance between government and opposition. The recent literature discusses various partisan incentives that support or undermine these criteria, but analyses integrating these arguments are rare. This article provides a novel comparative perspective by studying the patterns of public EU emphasis in more than 2.5 million plenary speeches from the German Bundestag, the British House of Commons, the Dutch Tweede Kamer and the Spanish Congreso de los Diputados over a prolonged period from 1991 to 2015. It documents that parliamentary actors are by and large responsive to EU authority and its exercise where especially intergovernmental moments of decision making spark plenary EU salience. But the salience of EU issues is mainly driven by government parties, decreases in election time and is negatively related to public Euroscepticism. The article concludes that national parliaments have only partially succeeded in enhancing EU accountability and suffer from an opposition deficit in particular.     

Different encounter behaviors: Businesses in encounters with regulatory agencies

Studies on regulatory encounters have shown that the interaction between regulator and regulatee is important for implementation of public policy. Much of this research examines how the behavior of frontline workers in such encounters affects regulatee compliance, that is, an outcome of the encounter, but we know less about the behavior that regulatees bring to these encounters. This paper therefore examines how businesses behave in encounters with regulatory authorities, and whether we can identify distinct, multidimensional types of encounter behavior. Using survey data from representative samples of Danish businesses and an exploratory cluster analysis, we identify five types of encounter behavior. We label these “Cooperators,” “Accommodators,” “Game players,” “Protesters,” and “Fighters.” We believe this framework provides a useful next step in a research agenda on businesses' behavior in regulatory encounters.     

Independence and Responsiveness – Re‐tying the Gordian Knot

Striking the Balance: Public Service Independence and Responsiveness ‐ an Institute of Public Administration Australia roundtable in conjunction with the Australia and New Zealand School of Government and the Academy of Social Sciences in Australia, 14 March 2008. The roundtable consisted of around 60 participants consisting of former federal and state/territory ministers, ministerial advisers, current and former public servants, media and think tank representatives and a multi‐disciplinary range of academics.     

The challenge of accountability in complex regulatory networks: The case of the Deepwater Horizon oil spill

A puzzle that faces public administrators within regulatory governance networks is how to balance the need for democratic accountability while increasingly facing demands from elected officials to optimize oversight of industry by utilizing the expertise of the private sector in developing risk‐based standards for compliance. The shift from traditional command and control oversight to process oriented regulatory regimes has been most pronounced in highly complex industries, such as aviation and deepwater oil drilling, where the intricate and technical nature of operations necessitates risk‐based regulatory networks based largely on voluntary compliance with mutually agreed upon standards. The question addressed in this paper is how the shift to process oriented regimes affects the trade‐offs between democratic, market, and administrative accountability frames, and what factors determine the dominant accountability frame within the network. Using post‐incident document analysis, this paper provides a case study of regulatory oversight of the deepwater oil drilling industry prior to the explosion of the Deepwater Horizon rig in the Gulf of Mexico, to explore how the shift to a more networked risk‐based regulatory regime affects the trade‐offs and dominant accountability frames within the network. The results of this study indicate that a reliance on market‐based accountability mechanisms, along with the lack of a fully implemented process‐oriented regulatory regime, led to the largest oil spill in US history.     

The communicative constitution of representation and exclusion

In the light of current debate on representation, specifically engaging with literature showing how representation is communicatively constituted, this paper empirically shows how exclusion also can be seen as communicatively constituted. The interpretive approach toward communication employed in this study presents new insights on how, for citizens, government communicates its responsiveness, and how citizens' interpretations that arise from these communications make sense. Dutch citizens who evaluate government responsiveness as low were interviewed to explore their views. The respondents evaluate government responsiveness on the basis of a set of engagements with government. These engagements are conceptualized in terms of four types of encounter – forms in which government manifests itself to citizens. By ‘thinking with’ these encounters, citizens relegate institutions and processes of representative democracy to the margins of political reality. Situating citizens outside of democratic politics, these interpretations imply the experience of exclusion, despite apparently functioning democratic institutions and processes.     

Accountability in Governance Networks: An Assessment of Public,Private, and Nonprofit Emergency Management Practices Following Hurricane Katrina

What is the most effective framework for analyzing complex accountability challenges within governing networks? Recognizing the multiscale and intersector (public, private, and nonprofit) characteristics of these networks, an accountability model is advanced organized around democratic (elected representatives, citizens, and the legal system), market (owners and consumers), as well as administrative (bureaucratic, professional and collaborative) relationships. This concept draws from 2005 events following Hurricane Katrina. Multiple failures of governing networks to plan for and respond to Katrina include a breakdown in democratic, market, and administrative accountability as well as a pervasive confusion over trade‐offs between accountability types emerging from crises. This essay offers several useful recommendations for emergency management planners as well as for those who teach and research.     

A comparative analysis of Inspector responses to complaints about psychosocial and physical hazards

Work Health and Safety Inspectors are at the forefront of efforts to protect workers from harm from psychosocial hazards, yet the application of regulatory theory to their practice has been limited. Drawing on models of responsive regulation and strategic enforcement, we analyze extensive (N = 46,348) complaint and incident notification data from an Australian Work Health and Safety Inspectorate, to compare Inspectors' responses to psychosocial versus non-psychosocial hazards. We found psychosocial hazards were less likely to be actioned than non-psychosocial hazards. When they were actioned, psychosocial hazards saw more Inspector activity, but fewer enforcement notices than non-psychosocial hazards. These findings are inconsistent with the version of responsive regulation espoused by the regulator. Our theoretical conclusion is that Weil's strategic enforcement approach is likely to offer greater possibilities for guiding future resource allocation.     

Testing responsive regulation in regulatory enforcement

The policy ideals of responsive regulation have been developed on the basis of substantial empirical evidence. The overall formulation of responsive regulation theory itself, however, has rarely been empirically tested. This article sets out the theoretical concept of responsive regulation in the context of business regulation enforcement and discusses how we might operationalize and empirically measure it. We develop two alternative theoretical interpretations of responsive regulatory enforcement: “tit for tat” responsive regulation and “restorative justice” responsive regulation. We then measure business firms' perceptions of the reactions and counter‐reactions of a regulatory enforcement agency throughout the investigation and enforcement process. We find little evidence of tit for tat responsiveness actually occurring in practice. To the extent that tit for tat responsiveness does exist, we find a small amount of evidence that it has the hypothesized effects on behavior but not on attitudes. We find clearer evidence of restorative justice responsiveness having the hypothesized effects on attitudes but not on behavior.     

Four years of the Ghana district assemblies in operation: Decentralization,democratization and administrative performance

Ghana's District Assemblies were created in 1989 as ‘integrated’ decentralised authorities, combining oversight of deconcentrated line Ministries with the revenue powers and functions of devolved democratic local government. The frequently invoked but little studied relationships among democratisation, decentralisation and changes in the performance of government institutions are analysed on the basis of two case-study Districts, defining performance as output effectiveness, responsiveness and process acceptability. Although development output did increase after democratisation, it remained inadequate and did not show any significantly closer responsiveness to popular needs. This was mainly because local accountability was undermined by continuing central control over staffing and finances, the clash with national policies of retrenchment and the continued power of central government agents. The communal, non-party basis of representation also had a perverse effect on the ability of elected representatives to enhance the legitimacy of local taxation, particularly as the system embodied an unresolved contradiction between notions of community based self-help and representative district government. One of the lessons of the Ghanaian experience is that genuine local autonomy in an agreed area-the basic condition for effective accountability-is better based on more modest, local-level authorities, leaving larger, expensive functions as well as supervision of a deconcentrated civil service to more powerful regional administrations.     

Democratic Accountability in Decentralised Governance1

This article develops a conceptual framework for studying democratic accountability in decentralised governance, and discusses critical issues about democratic accountability from a citizen's perspective. First, the concept is discussed and adapted to make it useful for studying democratic accountability in different governance structures. Second, the article scrutinises conditions for democratic accountability in decentralised governance based on three models. Third, democratic accountability is discussed with reference to a case study of public reviewers operating in four municipalities in Sweden. The study indicates that municipal auditors and the local media have the greatest impact on municipal policy. On the whole, auditors improve local governments’ internal control and systems for steering and monitoring municipal policy, whereas the media sometimes alter the policy agenda without changing the policy. Auditors maintain and support an elitist democratic orientation of democratic accountability, and the media maintain this democratic orientation and in addition promote democratic dialogue. Viewed from a citizen's perspective, the traditional accountability system does not work satisfactorily. State inspectors and municipal auditors – two important public reviewers in the current system – could improve their work to make it more useful to citizens’ democratic control. Another way discussed to develop democratic accountability is to promote participatory policy and concrete means of accountability (e.g. on‐site visits, conducted tours and different forms of democratic dialogue). The formal way to improve democratic accountability implies more transparency, monitoring and control, which may also lead to distrust and scapegoat thinking (i.e. a surveillance society), whereas concrete modes of accountability, more associated with participatory and deliberative democracy, imply mutual responsibility and trust building. Strengthening participatory policy, active citizens, collective responsibility and democratic dialogue could be an alternative to the emerging audit society.     

Tracing and periodizing China's food safety regulation: A study on China's food safety regime change

How has China's food safety administrative system changed since it was founded in 1949? How can we periodize the process of this historical transformation in terms of regulators, regulatees, and regulatory tools? This review article offers an analytical framework that distinguishes three regimes in the history of China's food safety governance: an old regime of command and control (1949–1977), an intermediate regime of mixed instruments (1978–1992), and a new regime of regulatory governance (1993–ongoing). In the article the regimes' features, advantages, disadvantages, and development tracks are discussed, and the groundwork is laid for an analysis of China's emerging regulatory state. Finally, a new notion of “transitional regulatory state” is used to define the current Chinese regulatory state based on its food safety regulation.     

The importance of personal vote intentions for the responsiveness of legislators: A field experiment

Individual legislators can be important agents of political representation. However, this is contingent upon their responsiveness to constituency requests. To study this topic, an increasing number of studies use field experiments in which the researcher sends a standardized email to legislators on behalf of a constituent. In this paper, we report the results of an original field experiment of this genre with the members of the German Bundestag. Supplementing previous research, we explore whether constituency requests in which voters mention a personal vote intention (rather than a partisan vote intention) increase legislators’ responsiveness, and how this treatment relates to electoral system's incentives. We find that legislators treated with a personal vote intention were more likely to respond (67 per cent) and respond faster than those treated with a partisan vote intention (59 per cent). However, we also show that the treatment effect is moderated by electoral system incentives: it is larger for nominally-elected legislators than for those elected via a party list. Our results suggest that electoral system's incentives matter for legislators’ responsiveness only when constituents explicitly signals an intention to cast a personal vote.     

When experimentalist governance meets science‐based regulations; the case of food safety regulations

This paper examines a central regulatory mechanism that shapes food economies. Food safety regulations in the United States rely on a science‐based transnational regulatory system known as Hazard Analysis and Critical Control Point (HACCP), which bears central features of what Sabel and Zeitlin identified as experimentalist governance: a new form of regulation that is flexible, responsive, and involves stakeholders in iterative and direct democratic deliberation. The core theoretical question the paper examines is what the reliance on science means for the promise of an experimentalist policy regime to enable a new form of democratic politics. Based on a case study of the HACCP system implemented by the US Department of Agriculture's Food Safety and Inspection Service since the late 1990s, HACCP's reliance on food science has acted as an effective divider between producers who were able to take advantage of the system's flexibility and others for whom this was challenging. There is clear evidence that HACCP posed a disproportionate burden on small processors and that some of them were unable to adapt to the requirements of the regulatory system. In so far as the HACCP‐based food safety regulations delineated the kind of producer that thrived in the system and contributed to the demise of another set of producers, the regulatory system shaped market outcomes.     

Exploring Transnational Civil Society: A Comparative Study of Colombian,Dominican and Mexican Immigrant Organizations in the USA

ABSTRACT

European integration has added an extra dimension to the perceived crisis of contemporary democracy. Many observers argue that the allocation of decision-making powers beyond the nation state bears the risk of hollowing out the institutional mechanisms of democratic accountability. In EU governance, the Commission has emerged as a particularly active and imaginative actor promoting EU–society relations, and it has done so with the explicit desire to improve the democratic legitimacy of the EU. However, assumptions concerning the societal prerequisites of a working democracy differ with the normative theory of democracy employed. Therefore, expectations concerning the beneficial effect of institutional reforms such as the European Commission's new governance strategy, which was launched at the beginning of the century, vary according to normative standards set by different theories of democracy on the one hand and to the confidence in the malleability of society on the other. Our contribution seeks to pave a way for the systematic assessment of the democratic potential of the European Commission's consultation regime. To this purpose, two alternative theoretical conceptions that link participation to democracy will be presented. A list of criteria for both conceptions that enable us to empirically assess the democratic potential of the EU Commission's participatory strategy will then be presented.     

WHAT SHAPES CITIZENS' EVALUATIONS OF THEIR PUBLIC OFFICIALS' ACCOUNTABILITY? EVIDENCE FROM LOCAL ETHIOPIA

In this article, we study which institutional factors shape citizens' views of the local accountability of their public officials. Our departing assumption is that evaluations of local accountability reflect not only citizens' poltical attitudes and beliefs but also whether local institutions contribute to an environment of mutual trust, accountability and ultimately democratic legitimacy. Combining public opinion data from a large‐N citizen survey (N = 10 651) with contextual information for 63 local governments in Ethiopia, we look at access to information, participatory planning and the publicness of basic services as potential predictors of citizens' evaluations of local public officials. Our findings suggest that local context matters. Jurisdictions that provide access to information on political decision making are perceived to have more accountable officials. Moreover, when local governments provide public fora that facilitate citizens' stakes in local planning processes, it positively affects citizens' evaluations of the accountability of their officials. Our study adds to the empirical literatrure by showing that establishing local institutions that can foster citizen–government relations at the local level through inclusive processes is crucial for improving public perceptions of accountability. Copyright © 2013 John Wiley & Sons, Ltd.     

Accountability infrastructures: Pragmatic compliance inside organizations

We trace the pragmatic turn in regulatory governance from the level of the state and civil society to the coalface of the regulated organization. Since the 1980s, an array of new regulatory models has emerged. These models, while distinct, are unified in two related tendencies. First, they support the devolution of responsibility for standard setting, program design, and enforcement to the regulated organization. This delegation of governance to the organization itself has catalyzed the creation of accountability infrastructures within organizations, a network of offices, roles, programs, and procedures dedicated to aligning the organization's operations with external standards, codes of conduct, ethical and normative expectations, and regulations. Second, the diverse regulatory models depend, often implicitly, on organizational accountability infrastructures that incorporate the tenets of pragmatist philosophy: inquiry through narration, adaptation to context, and problem-solving through experimentation. Reviewing the empirical literature on organizational compliance, we find ample evidence of inquiry through narration at the organizational coalface. However, we find limited evidence of narrating plurality in the organization and narrating experimentation as problem-solving, as these activities create tensions with internal and external parties who expect singular, stable representations of governance. These tensions reveal an important incongruity between pragmatic governance across organizations and pragmatic governance within organizations. We contribute to the regulatory governance literature by documenting this important shift in the locus of governance to the organizational coalface and by charting a new research agenda. We argue that examinations of regulatory governance should be retraced in three ways. First, attention should shift to the organizational coalface, recognizing and analyzing accountability infrastructures as the central contemporary mechanism of governance. Second, the long-standing focus in regulatory studies on why parties comply should shift to understanding how regulated parties manage themselves to achieve compliance. Third, analyses of compliance should examine the tensions in narrating adaptation and experimentation, and the implications of such tensions for the achievement of prosocial outcomes.     

Accountability in the EU's para-regulatory state: The case of the Economic and Monetary Union

This article revisits Majone's famous argument about accountability in the regulatory state in reference to the European Union's (EU) Economic and Monetary Union. We show that the EU has entered the stage of a “para-regulatory state” marked by increasing EU regulation in areas linked to core state powers. Despite the redistributive and politicized nature of these policy areas, the EU's “para-regulatory state” has continued to rely on its regulatory model of accountability, focused on decisionmaking processes, and interest mediation. In line with Majone, we describe the model as procedural and contrast it to substantive accountability – which is necessary when regulation has clear redistributive implications. Using two case studies from fiscal policy and monetary affairs, we illustrate the predominance of procedural accountability as exercised by the European Parliament and EU Courts. We complement the empirical analysis with a normative discussion of how substantive accountability could potentially be rendered in both fields.     

The Influence of News Media on Political Elites: Investigating Strategic Responsiveness in Congress

News media play a central role in democratic politics, yet we know little about how media affect the behavior of policy makers. To understand the conditions under which news media influence political elites, we advance a theory of strategic responsiveness, which contends that elected representatives are more likely to heed their constituents' preferences when voters are attentive. Accordingly, news media's influence on legislative behavior should be most apparent near elections and dependent on the partisan composition of the constituency. We capitalize on the incremental rollout of the conservative Fox News Channel in the late 1990s to evaluate our theoretical predictions. Fox News caused both Republicans and Democrats in Congress to increase support for the Republican Party position on divisive votes, but only in the waning months of the election cycle and among those members who represent districts with a sizable portion of Republican voters.     

Irreplaceable Legislators? Rethinking Minority Representatives in the New Century

We use state legislator ideology estimates (standardized W‐nominate values) to examine whether Latino and African American legislator ideological differences can be explained away by traditional constituency characteristics like partisanship and demographics. We find instead that both Black and Latino legislators are unique “types.” Our evidence supports the theoretical presumption that there is a minority dimension to legislative voting and that it is uniquely personified by minority officeholders. White, Black, Latino, Democrat, and Republican representatives are all examined for responsiveness to different partisan and racial/ethnic populations. The dataset includes all 50 state legislatures from the 1999–2000 legislative sessions, including information from the U.S. Census, NALEO, the Joint Center for Political and Economic Studies, Gerald Wright's Representation in the American Legislature Project, and CQ Press's Almanac of State Legislative Elections.