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| Better Regulation | |
|---|---|
| Name | Better Regulation |
| Caption | Regulatory reform and policy design |
| Jurisdiction | International |
| Established | 20th–21st century |
Better Regulation
Better Regulation is a policy approach emphasizing the design, evaluation, and simplification of rules to improve outcomes in public administration, legal frameworks, and economic activity. It combines techniques from policy analysis, administrative law, and program evaluation to reform standards set by institutions such as the European Commission, Organisation for Economic Co-operation and Development, United Nations, World Bank, and national administrations like the UK Cabinet Office and the United States Office of Information and Regulatory Affairs. Proponents argue it enhances transparency, accountability, and stakeholder engagement across sectors overseen by bodies like the European Parliament, Council of the European Union, Federal Register processes, and national parliaments.
Better Regulation emerged in the late 20th century alongside initiatives such as the Deregulation Task Force in the United Kingdom, the Reagan Administration deregulatory agenda in the United States, and the White Paper on Modernisation in the European Union. Influential actors include the Organisation for Economic Co-operation and Development which published guidance on regulatory management, the World Bank which linked regulatory quality to development indicators, and think tanks such as the Heritage Foundation and the Centre for European Policy Studies that debated cost–benefit techniques. Key documents shaping the field include the Better Regulation Agenda of the European Commission and the Executive Order 12866 framework used by the United States Executive Office of the President.
Core objectives align with principles promoted by the OECD Regulatory Policy Committee, the European Court of Auditors, and the International Monetary Fund: reduce unnecessary burdens, improve regulatory quality, and ensure policy coherence across jurisdictions like the European Single Market and regional blocs such as the Association of Southeast Asian Nations. Central principles include proportionality articulated in decisions by the European Court of Justice, subsidiarity debated in the Treaty of Maastricht, transparency upheld by Freedom of Information Act regimes, and stakeholder consultation exemplified by procedures in the United Kingdom Civil Service and the United States Congress rulemaking processes.
Instruments include Regulatory Impact Assessment (RIA) models endorsed by the OECD, Cost–Benefit Analysis frameworks used in Executive Order 12866 reviews, and administrative simplification measures similar to the Rostow Report-era reforms. Tools for implementation range from statutory sunset clauses seen in United States legislation, licensing and permitting reforms in the European Union NLF (New Legislative Framework), to e‑government platforms pioneered by the Estonian Government and promoted by the United Nations E-Government Survey. Market-based mechanisms, such as emissions trading schemes modeled on the European Union Emissions Trading System, are sometimes included within Better Regulation toolkits.
Administrative structures for Better Regulation often involve specialized units: the UK Better Regulation Executive, the European Commission Impact Assessment Board, the US Office of Information and Regulatory Affairs, and the OECD Regulatory Policy Committee. Oversight actors include supreme audit institutions like the European Court of Auditors, national ombudsmen, and parliamentary committees such as the European Parliament Committee on Legal Affairs and the United States Senate Committee on Homeland Security and Governmental Affairs. Cross‑border coordination occurs through networks like the Regulatory Cooperation Council and treaty mechanisms in the World Trade Organization.
Implementation relies on methodologies from program evaluation used by the National Audit Office (UK), epidemiological modelling techniques utilized by agencies like the Centers for Disease Control and Prevention when assessing health regulations, and economic appraisal methods for infrastructure decisions akin to those in European Investment Bank projects. Impact assessment processes produce Regulatory Impact Assessments submitted to bodies such as the European Commission Impact Assessment Board or Congressional Budget Office in the United States. Monitoring and evaluation draw on indicators from the World Bank Doing Business reports and the Transparency International indices to measure regulatory quality and enforcement outcomes.
Critics from institutions including the European Trade Union Confederation, the Public Citizen advocacy group, and scholars at the London School of Economics argue Better Regulation can privilege cost‑minimization over social protections, echoing debates seen in rulings by the European Court of Human Rights and scholarship in the Harvard Law Review. Concerns include regulatory capture discussed in analyses influenced by the Chicago School of Economics and distributive impacts highlighted in studies at the Brookings Institution and the Intergovernmental Panel on Climate Change when environmental rules are at stake. Defenders point to case law from the European Court of Justice and empirical studies from the OECD showing net welfare gains, while opponents cite procedural biases found in reviews like those by the European Ombudsman.
Notable case studies include the United Kingdom reforms post‑Macrory Review, the European Union Better Regulation agenda and its Single Market interface, the United States experience under Executive Order 12866 and the Administrative Procedure Act, and digitalization efforts in Estonia and Singapore. Sectoral examples are the REACH regulation in chemicals within the European Union, aviation regulatory harmonization under the International Civil Aviation Organization, and financial regulation post‑2008 financial crisis coordinated through the Financial Stability Board and Basel Committee on Banking Supervision.
Category:Public policy Category:Regulation Category:Administrative law