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In this presentation for the seminar series Theories of Regulatory Governance we blend theory and empirical analysis by addressing the topic of the causal effects of rulemaking procedures on governance outcomes.
Our topic is the design of the following four procedures in the EU-27 and the UK: consultation in the preparation of new legislation, freedom of information, impact assessment of policy proposals, and the Ombudsman.
Procedural instruments that open up rulemaking to a variety of interests and actors are supposed to lead to better rules. In turn, better rules should over time increase the quality of the business environment, mitigate corruption, and contribute to more sustainable policies. This claim, often echoed in the better regulation discourse, however obscures some important causal steps rooted in mechanisms that have to be considered carefully before testing causality empirically.
We first draw on theory to introduce a common measuring instrument for these four procedures, and explain how we generated a new dataset. The data are then used to map the ecological, conjunctural effect of design features on the quality of the business environment, perceptions of corruption and sustainability. We discuss a number of pathways and their implications for policy (re)design.
The presentation draws on research carried out with support from our ERC Procedural tools for effective governance, Protego, funded by the European Research Council.
The registration of the webinar will be available on the Theories of Regulatory Governance Youtube Channel