When soft regulation is not enough
The integrated pollution prevention and control directive of the European Union
Bibliographic Data
| ID | 7997741 |
|---|---|
| Authors | Charalampos Koutalakis, Aron Buzogány (0000-0002-9867-3742), Tanja A Börzel (0000-0002-7313-2181) |
| Year | 2010 |
| Volume | 4 |
| Issue | 3 |
| Pages | 329-344 |
| Publication date | 2010-09-23 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Regulation & Governance (JOURNAL) |
| Journal identifiers | ISSN: 1748-5983 • E-ISSN: 1748-5991 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1748-5991.2010.01084.x |
| OpenAlex | W1536734013 |
| Language | EN |
| Citations received | 16 |
| References cited | 37 |
Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the "hollowing out" of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU
Autonomy · Business · Control (management · Directive · Economic policy · Economic system · Economics · European union · Flexibility (engineering · Hard law · International law · Law and economics · Legislation · Normative · Political science · Politics · Public economics · Soft law · Environmental Policies and Emissions · Law · Political Influence and Corporate Strategies · Regulation and Compliance Studies
Responsible Research and Innovation
Discovering Specific Conditions for Compliance with Soft Regulation Related to Work with Nanomaterials
Changing Me Softly
Assessing the Democratic Quality of New Modes of EU Governance
Regulatory fictions and instruments of imagination
From national activation legislation to local practices in Norway—Why the same law gives diverse practices
Business and human rights as Swedish foreign policy
EU experimentalist governance in times of crisis
Extending the framework of algorithmic regulation. The Uber case
Regulation‐by‐information in areas of limited statehood
Regulatory policy outputs and impacts
Codes in context
The parable of the poisoned pork
A synthesis of distributed energy resource impacts and regulatory responses with a focus on soft law
It Ain’t Over ‘Til It’s Over
The Belgian mental health reform
National Environmental Policies
Mind the Gap
Hard and Soft Law in the Construction of Social Europe
When is Sustainable Forestry Sustainable? The Forest Stewardship Council in Argentina and Brazil
Implementing Multilateral Environmental Agreements
Beyond the nation state
Too soft to handle? A reflection on soft law in Europe and accession states
Enabling harmonization – Business actors and the eastern enlargement of the EU
The European Union’s governance of health care and the welfare modernization agenda
Obstinate and Inefficient
Governance without a state
Comparing the legitimacy and effectiveness of global hard and soft law
The Shadow of Hierarchy and New Modes of Governance
Framing
Introduction
The Concept of Legalization
On compliance
Hard and Soft Law in International Governance
Conclusion
Greening Industry Without Enforcement? An Assessment of the World Bank's Pollution Regulation Model for Developing Countries
Reorienting Regulation
Environmental Compliance in Italy and Greece
When Social Norms and Pressures Are Not Enough
| Unique citing works | 16 |
|---|---|
| Citations per year | 1,07 |
| Citation span | 2011 - 2026 (16) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 16 |