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The Crisis of Confidence in Legislation
This book contains the discussions that took place at a conference that gathered together experts in the field. The book is made up of 4 sections: Confidence in Legislation as a Regulatory (and Administrative) Problem; Improving Confidence in Legislation Via Better Regulation Tools; Responsibility of Parliaments in Improving Confidence in Legislation; and Confidence in Legislation and Enforcement.
Corruption from a Regulatory Perspective
This book seeks to enrich and, in some cases, reverse current ideas on corruption and its prevention. It is a long held belief that sanctions are the best guard against corrupt practise. This innovative work argues that in some cases sanctions paradoxically increase corruption and that controls provide opportunities for corrupt transactions. Instead it suggests that better regulation and responsive enforcement, not sanctions, offer the most effective response to corruption. Taking both a theoretical and applied approach, it examines the question from a global perspective, drawing on in particular a regulatory perspective, to provide a model for tackling corrupt practises.
New Frontiers for Competition Advocacy and the Potential Role of Competition Impact Assessment
This Chapter will explore the question of how best to increase the effectiveness of advocacy activities in order to improve competition friendly regulation. In this framework, three tools are compared: the use of competition concepts in rule-making, i.e. hybridisation, traditional advocacy interventions, competition impact assessment. The analysis is intended to highlight the key components of these tools, to assess their effectiveness in improving regulation and sound competition, and to suggest appropriate uses for each. Then, a more in-depth analysis is dedicated to the role that ex ante and ex post competition impact assessment can play in order to improve good quality regulation (and in...
Cognition of the Law
This book’s basic hypothesis – which it proposes to test with a cognitive-sociological approach – is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural. As such, from a sociological perspective the law can be seen as a super-meme, that is, as a biosocial constraint that develops only in complex societies. This super-meme theory, by highlighting a fundamental distinction between defensive and assertive biases, might explain the false contradiction between law as a static and historical phenomenon, and law as a dynamic and promotional element. Socio-legal scholars today have to...
Handbook of Regulatory Authorities
Featuring a comprehensive analytical collection of interdisciplinary research on regulatory authorities, this innovative Handbook combines contributions from leading scholars and regulatory practitioners to present the fundamental theoretical concepts, empirical achievements and challenges in the contemporary study of regulatory authorities.
Cognitive-Based Regulation
The paper explores the impact of cognitive insights on the regulatory process and toolkit. Findings from cognitive sciences are a turning point for rule-making theory and practice, anytime a "behavioural element" is present. Evidence on how people decide and make choices may indeed enable better formulation of rules (in terms of proportionality, necessity, residuality and effectiveness) and the provision of more adequate responses to the public interest regulation is intended to satisfy. The paper contends that bringing cognitive insights into rule-making has at least two main consequences. Firstly, it requires the rule-making process to become cognitive-based. This principally means that co...
Annuaire européen. 42.1994(1996)
The "European Yearbook" promotes the scientific study of European organisations and the Organisation for Economic Co-operation and Development. Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. In addition, a number of articles on topics of general interest are included in each volume. A general index by subject and name, and a cumulative index of all the articles which have appeared in the "Yearbook," are included in every volume and provide direct access to the "Yearbook"'s subject matter. Each volume contains a comprehensive bibliography covering the year's relevant publications. This is an indispensable work of reference for anyone dealing with the European institutions. It is bilingual (English and French).
Behavioural Sciences in Practice
This chapter establishes how the regulatory process should change in order to bring out and use evidence from cognitive sciences. It further discusses the impact of cognitive sciences on the regulatory toolkit, positing that, on the one hand, traditional tools should be rethought about; and, on the other, that the regulatory toolkit should be enriched by two more strategies: empowerment and nudging (where the first eases the overcoming of cognitive and behavioural limitations, while the second exploits them).
The Quality of Regulation. The Myth and Reality of Good Regulation Tools
The objective of this paper is to introduce the main tools used to manage the flow and the stock of regulation with special attention to those based on economic analysis, their advantages and weak points, the consequences of their use in public sector organization, procedures and, in general, in the relationship between regulators and their targets. Discussion is also devoted to conditions for improving their efficacy, since the tools need to be used selectively, and require an agenda-setting phase as well as periodic retrospective analysis of existing rules as used in the whole regulation life cycle. Therefore, it is crucial to understand what these good regulation tools are really intended for, and to avoid their over or under-evaluation, both of which could be influential in reforms made partially or in name only. At the same time, their limits could incentivize the search for innovative solutions, such as a special attention to the real needs and behaviour of people in the design of new regulation, as well as in its measurement and reform.
Research Methods in Consumer Law
Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the state of the art to offer a springboard for jumping to the heart of contemporary issues and equips researchers with a starter’s kit to weave together rich traditions, ranging from socio-economics to behavioural analysis.
