SELF‐REGULATION WITHIN THE REGULATORY STATE: TOWARDS A NEW REGULATORY PARADIGM?

An emerging feature of the modern regulatory state in Britain and elsewhere is the promotion of self‐regulation. This paper examines the relationship between the state and self‐regulation in the context of the challenge of meeting public interest objectives. It draws on research on the policy and practice of self‐regulation in recent years in Britain. The paper argues that the institutions, processes and mechanisms of the modern regulatory state and the ‘better regulation’ agenda in Britain, notably those that aim to foster transparency and accountability, can assist in the achievement of public interest objectives in self‐regulatory schemes. We conclude that a ‘new regulatory paradigm’ can be put forward which involves a form of regulatory ‘subsidiarity’, whereby the achievement of regulatory outcomes can be delegated downwards to the regulated organizations and self‐regulatory bodies while being offset by increasing public regulatory oversight based on systems of accountability and transparency.     

Reproductive health policy‐makers: Comparing the influences of international and domestic institutions on abortion policy

Do policies protecting women's rights correspond with norm change at the state level or the level of international institutions? We examine this question, comparing domestic and international institutional activity in correlation with reproductive health policy change, specifically, abortion access policy. At the domestic level, we examine female legislators and policies set to encourage gender equality, namely, electoral gender quotas. In the international arena, our theory distinguishes regional from international inter‐governmental bodies. Original data with measurement innovations introduced here—including the Comparative Abortion Policy Index (CAPI1 and CAPI2)—are analysed for over 150 countries for close to two decades. We find a heretofore‐overlooked relationship between international entities and reproductive health. Gender quotas, however, do not correspond with the general association between female representation and pro‐women policy. When researchers and policy‐makers consider gender quotas to promote women's rights, they may be advised to encourage female political participation through more organic means.     

Managing policy‐making in the local climate governance landscape: The role of network administrative organizations and member cities

Trans‐municipal networks (TMNs) have reshaped the landscape around local government action on global climate policy. Past research has focused on why cities join TMNs and the impact that membership has on local action. This study considers a potential reverse effect: namely, that cities' membership choices position them to influence TMNs' overall priorities. In considering this, we emphasize the role of network administrative organizations (NAOs) and posit that the multiple climate‐related networks, which share members and operate in overlapping geographic and issue spaces, are bound together as part of a meta‐network. We utilize social network analysis and data on membership in four climate‐related TMNs to examine the factors that shape how cities can influence meta‐network priorities. We find that cities with local vulnerabilities tend to be located in network positions that enable them to influence the meta‐network's overall priorities.     

Regulation and its modes: the European experience

There is a general trend in Europe, both at the national and Community level, toward greater specialization and institutionalization of regulatory functions. This essay presents three different but related sets of reasons that help to explain the rise of the regulatory state in Europe, and even why regulation seems to be becoming the new frontier of public policy and administration. A first set of reasons has to do with the failure of nationalization as a mode of regulation and the process of privatization, which have led to new regulatory bodies. The second set of factors, related to the increasing complexity and internationalization of the tasks facing policy makers, has led to new or stronger regulatory bodies at the Community level. The third set has to do with the role of the European Community as an independent “fourth branch of government” for the European nations. This latter trend has some problems, as the lack of transparency of the decision-making process. However, this problem can be solved. Moreover, the explanations for the rise of independent regulatory agencies echo many characteristic themes of the politics of efficiency, being recently rediscovered. The conviction that policy should be right, rather than the result of group struggle, leads to demands that policymakers should combine technical expertise and public deliberation to achive decisions that are substantively correct and politically legitimated.     

CENTRAL GOVERNMENT BUDGET PRACTICES AND TRANSPARENCY: AN INTERNATIONAL COMPARISON

From an international perspective, a relationship between public sector transparency and better economic and social outcomes is something that is increasingly acknowledged. In terms of lack of transparency in budget reports both bureaucratic model and fiscal illusion theory have been argued as explanations. To assess transparency in budget practices we analyse to what extent a sample of 41 countries are meeting OECD requirements according to its Best Practices for Budget Transparency document (OBP). We find an average OBP fulfilment of 56.4 per cent. Transparency is negatively correlated with corruption and positively correlated with economic development. Countries receiving external financial and technical support meet fewer OBP recommendations than countries not receiving it. Considering the political framework, both progressive and conservative governments reach similar transparency levels. OECD members do not significantly fulfil more OBP suggestions than non‐members. In respect of 4 variables: transparency, corruption, democracy and development, four clusters of countries arise: top‐performing, low transparency‐developed, low transparency‐developing and worst‐performing.     

BETTER REGULATION IN EUROPE: BETWEEN PUBLIC MANAGEMENT AND REGULATORY REFORM

Can the European regulatory state be managed? The European Union (EU) and its member states have looked at better regulation as a possible answer to this difficult question. This emerging public policy presents challenges to scholars of public management and administrative reforms, but also opportunities. In this conceptual article, we start from the problems created by the value‐laden discourse used by policy‐makers in this area, and provide a definition and a framework that are suitable for empirical/explanatory research. We then show how public administration scholars could usefully bring better regulation into their research agendas. To be more specific, we situate better regulation in the context of the academic debates on the New Public Management, the political control of bureaucracies, evidence‐based policy, and the regulatory state in Europe.     

Compliance and non-compliance as sources of recognition: Slovakia and NATO

This article argues that there is a difference in what constitutes the sources of recognition prior to countries' membership in the Euro-Atlantic community represented by NATO and after countries become its members. While prior to membership, countries are recognized for their compliance with NATO standards and policies, upon membership countries get the opportunity to promote specific interests legitimately and may seek recognition via non-compliance with NATO mainstream.The paper explores this dynamic of recognition on the issue of Kosovo independence where Slovakia went from supporting NATO in its effort to protect civilians in Kosovo in the late 1990s to non-recognition of Kosovo in defiance of the majority of NATO member states less than a decade later. The crucial point proposed here is that there was a shift in how recognition by NATO worked prior to Slovakia's membership and upon membership in these frameworks. While prior to membership recognition was achieved by compliance and identification with NATO standpoints, policies and actions, upon membership, recognition is achieved by differentiation from these patterns. More generally, the study shows that NATO membership is a powerful source of conditionality in relation to future members and a powerful source of legitimacy in relation to current members' actions. While this has been discussed in the literature, the point here is that recognition in its various forms is an important driving force in these conditionality processes.     

Hungary and the European Union: The political implications of societal security promotion

Hungary's constitutional commitment to support kin-nationals beyond its borders (nation policy) has been a central feature of its post-1989 foreign policy and highlights a particularly important national security concern—the societal security of national identity, culture, language and tradition. This article examines Hungary's societal security concerns and the policy methods it utilises, including its EU membership and the promotion of minority rights at the European level, to help combat these concerns. It is suggested that Hungary has found it somewhat difficult to balance its societal security policy objective with internal economic demands on its welfare system and its external foreign policy objective to maintain good neighbourly relations. This article also notes that Hungary's attempts to Europeanise, or rather ‘EU-ise’, minority and ethnic rights issues as a means to enhance societal security for the Hungarian nation has certain political consequences for the EU. This suggests that societal security provision is an issue that cannot be overlooked when trying to understand the longer-term implications of EU eastern enlargement.     

Unveiling patterns of contestation over Better Regulation reforms in the European Union

Regulatory reforms labelled ‘Better Regulation’ are a prominent item on the political agendas of most advanced democracies and the European Union. Governments adopt Better Regulation measures to strengthen their democratic legitimacy and increase their regulatory and economic effectiveness. Notwithstanding their rhetorical appeal, their design and implementation are susceptible to high levels of political contestation. We therefore ask: are there systematic differences in stakeholders’ demands for what Better Regulation should achieve? What explains these differences? We argue that conflict over Better Regulation is rooted in what stakeholders prefer as a regulatory system of governance. Stakeholders demand reforms that lead to one of the following three scenarios: deregulation, technocratic or participatory policy‐making. We examine stakeholders’ demands expressed in the EU. We find that national authorities responsible for coordinating Better Regulation and cross‐sectoral business organizations support deregulatory and technocratic reforms. Business and public interest organizations are equally supportive of strengthening participatory policy‐making.     

Between cheap talk and epistocracy: The logic of interest group access in the European Parliament's committee hearings

Improving policy deliberation is a central objective for the European Union's institutions. Focusing on the European Parliament's committee hearings as an understudied area of European governance, we aim to understand their role, and their capacity to improve its procedural legitimacy. Building on theoretical work on interest group access and deliberation we argue that hearings can serve three purposes: (i) coordinative; (ii) epistemic; (iii) enhancing public participation. We construct a set of measures and assess an entire population of participants in hearings (2009–14), concentrating on three committees. Our analyses show that hearings serve a hybrid purpose between coordinative and epistemic. At the top end, we observe a core group of gatekeepers representing the dominant constituencies. Simultaneously, research organizations are granted unique access as experts that de‐politicize debates. Theoretically, we contribute to discussions on interest group access while providing an innovative set of tools for its measurement, and the first dataset of its kind.     

PLAYING THE TRANSPARENCY GAME: CONSULTATION AND POLICY-MAKING IN THE EUROPEAN COMMISSION

The recent unveiling of a package of measures designed to make the work of the European Commission more‘transparent’is part of a wider effort to make EU decision-making more open and accessible. Yet, the Commission's transparency package was designed above all to cope with its chronic management problems. These include rigid lines of division between different spheres of the Commission, the strong loyalties of policy-concerned Directorates-General (dg s) to their specific‘clientele’, unclear rules governing access to information, and intense rivalries between dg s and the private offices of individual Commissioners. This article dissects the transparency package and uses case study material to highlight ways in which the transparency initiative seeks to provide antidotes to the Commission's management problems. It offers an early assessment of the transparency package's impact and examines the prospects for reform of the Commission under Jacques Santer.     

Slovakia's Neoliberal Turn

Slovakia distinguished itself in the first half of this decade by launching a coherent set of economic reforms that limited government and transferred social and economic risk to individuals. We examine reforms in fiscal policy, pensions, the labour code, health care, investment, education and justice. While the surprise formation of a centre – right governing coalition in 2002 enabled Slovakia's ‘neoliberal’ turn, a close network of neoliberal policy makers and advisors from civil society organisations used the opportunity to push forward a compelling explanation of Slovak economic problems and promote a clear institutional design for fixing them.     

Conflict reconsidered: The boomerang effect of depoliticization in the policy process

This article argues that the efforts of policy‐makers to avoid conflict in the short run can be counterproductive in the long run. Not only may policy‐makers fail to reap the benefits of conflicts when they try to steer clear, but conflict may actually increase rather than diminish. We study conflict through the conceptual lens of (de)politicization in the lengthy and highly contested policy‐making process over the multibillion‐euro ‘Oosterweelconnection’ highway in Antwerp (Belgium). An in‐depth media analysis of 739 articles is combined with data from 32 narrative interviews. We conclude that efforts to end public debate through depoliticization can have a boomerang effect, in which conflict disappears only temporarily, and that these efforts can ultimately increase conflict while wasting engagement and creativity. More attention to the productive aspects of conflict is needed in public administration literature and practice.     

TRANSPARENCY IN PUBLIC–PRIVATE PARTNERSHIPS: NOT SO BAD AFTER ALL?

Scholars' criticism of transparency in public–private partnerships (PPPs) often focuses on ‘external’ transparency, that is, the extent to which internal information is visible to the outside world. However, to achieve external transparency, internal transparency – the availability and inferability of information for the public procurer and the private party – is crucial. In this article we analyse input, process, and output transparency from three different perspectives (institutional, cognitive, and strategic) in four PPPs in the Netherlands. We conclude that input transparency is high, but process and output transparency less so. Moreover, output transparency has gained importance in PPPs. Whether this is problematic depends on the PPPs' institutional environment. In some partnerships the desired output is uncontested and predetermined by clear standards in the institutional environment, whereas other PPPs deal with contested output norms, decreasing the partnerships' transparency. These results nuance the current debate on the lack of transparency in PPPs.     

Minimum Wage Competition between Local Governments in China

The theory of fiscal and regulatory competition between jurisdictions is more advanced than its empirical testing. This is particularly true of labour regulation in general, and minimum wage regulation in particular, and especially so for developing countries. This paper utilises the spatial lag methodology to study city-level strategic interactions in setting and enforcing minimum wage standards during 2004–2012 in China. We manually collect a panel data set of city-level minimum wage standards from China’s government websites. This analysis finds strong evidence of spatial interdependence in minimum wage standards and enforcement among main cities in China. If other cities decrease minimum wage standards by 1 RMB, the host city will decrease its standard by about 0.7–3.2 RMB. If the violation rate in other cities increases by 1 per cent, the host city will respond by an increase of roughly 0.4–1.0 percentage points. The results are robust to using three estimation methods, Maximum Likelihood, IV/GMM, and a dynamic panel data model. Our findings of strategic interactions suggest the need for policy coordination in labour regulation in China.     

Fiscal Transparency: Concepts, Measurement and UK Practice

Greater fiscal transparency is seen by its advocates as a means of improving economic governance arrangements in ways which, by promoting fiscal stability, will in turn improve the functioning of the government sector and facilitate improvements in the economic environment for the private sector. 'Fiscal transparency' is much acclaimed by policy-makers, not only in the UK Treasury but also by the IMF and OECD. Fiscal transparency can have substance or can just be voguish incantation. This article explores the meaning of fiscal transparency, by examining its structure and evaluating criteria for assessing the degree of fiscal transparency attached to particular sets of circumstances. It explores the link between transparency and accountability, developing the distinction between event and process transparency. Consideration is given to the trade-off between the value of sunlight (to employ an analogy) and the danger of over-exposure. The performance of the United Kingdom against emerging international best practice is examined, with regard to both public expenditure and taxation. By international standards, UK fiscal transparency is high. Nevertheless, there is a major gap between UK rhetoric and practice, indicating a  divergence between nominal and effective transparency. This is evidenced by: frequent changes in public expenditure definitions; the non-publication of important analyses; the location of certain liabilities 'off-balance sheet'; and a lack of candour about tax policy.     

THE GOVERNANCE OF FINANCIAL REGULATORY REFORM: THE AUSTRALIAN EXPERIENCE

The dominant perspective in the literature linking governance, globalization and public policy argues that globalization undercuts state capacity, weakening a government's ability to effectively regulate its domestic affairs. This paper shows otherwise with special reference to the Australian experience in financial regulation. It challenges the conventional wisdom that the Australian state is weak and cannot adopt anticipatory industrial policies. This paper argues that the adoption of the ‘twin peaks' model of financial regulatory arrangements is an example of the existence of government‐led steering in Australia which can adopt a proactive approach to financial regulation by steering and coordinating policy networks. ‘Governance through hierarchy’ in the financial services industry may be a function of the government's political entrepreneurship; its skill in setting and implementing an agenda; and an ability to create new policy communities and networks.     

Civilization and international society: the case of European Union expansion

Joining a society of some kind requires the fulfillment of certain standards. In international society, states acknowledge the need for certain collective standards of international conduct if international order is to be maintained. The first truly global application of international norms took place during the nineteenth century through the process of the expansion of the European society of states and its gradual transformation to the contemporary global international society. In this process, the standard of ‘civilization’ played an essential role in determining which states would join the expanding European society and which ones would not. Despite the major changes that have occurred, the standard of ‘civilization’ has remained an international practice as well as a benchmark against which the attitudes and policies of states are assessed. Nowhere can this be seen more clearly than in the EU policy of ‘membership conditionality’. Although many explanations for EU expansion have been put forward rather absent from debate has been the civilization dimension which is embedded in membership conditionality and which should be given more emphasis.     

United in diversity? Analysing behaviour expectations of the European Union as a non-state member of the OECD’s development assistance committee

The European Union (EU) frequently accentuates its position as the largest provider of Official Development Assistance (ODA). Together with the EU institutions, EU Member States represent 21 of the 30 members of the OECD’s Development Assistance Committee (DAC) that sets out rules and standards for what can be reported as ODA. Following the EU Treaty’s requirement for the EU to work together in international organisations, research has detected a tentative yet positive trend to this end in different international organisations (IOs). This article’s empirical analysis shows no such trend can be detected in the EU’s engagement in the DAC. Explanatory factors include divergent development cooperation approaches inside the EU, discrepancies between the established image of and everyday practice in the DAC, and the EU’s full DAC membership. The findings add to the literature on international organisation governance by exploring different behaviour expectations of non-state membership vis-à-vis that of states.     

Central banks under stress: Reputation,accountability and regulatory coherence

This symposium homes in on an area of public administration that has been through a period of significant change in the last ten years. Since the global financial crisis, central banks have expanded their operations in financial markets, buying up vast quantities of assets as part of expansive monetary policy strategies. They have also played a leading role in the reform of financial regulation and have been entrusted with enhanced authority to supervise financial institutions. This activity has taken place amid heightened political contestation, with central banks increasingly viewed as the quintessence of a technocratic mode of governance that eschews traditional democratic control. The purpose of this symposium is to consider how central banks’ reputation, accountability and regulatory roles have changed since the financial crisis, and what those changes tell us about the balance of power between independent regulatory agencies and elected policy‐makers.