Measuring the Effectiveness of Transnational Private Regulation

195 Pages Posted: 13 Oct 2014

See all articles by Fabrizio Cafaggi

Fabrizio Cafaggi


Andrea Renda

Centre for European Policy Studies (CEPS); College of Europe

Date Written: October 3, 2014


Trans-national private regulation has become a prominent form of rulemaking in several domains, from advertising to financial services, food safety and environmental regulation, with alternate fortune so far. In some cases, private regulation emerges spontaneously, independently of any legislative or policy initiative. This report takes stock of the activities performed within the HIIL project on “Transnational private regimes – Constitutional Foundations and governance design”, and proposes a toolkit for the analysis of the effectiveness of private regulatory organizations from the standpoint of their members as well as society as a whole. The report aims to contribute to the current debate on the use of ex ante impact assessment and ex post evaluation of private regulatory schemes by academics, private regulatory organizations, non-governmental organizations and governments.

Keywords: impact assessment; regulation; privarte regulation; transnational regulation; ex ante impact assessment; ex post evaluation

Suggested Citation

Cafaggi, Fabrizio and Renda, Andrea, Measuring the Effectiveness of Transnational Private Regulation (October 3, 2014). Available at SSRN: or

Fabrizio Cafaggi (Contact Author)

Independent ( email )

No Address Available

Andrea Renda

Centre for European Policy Studies (CEPS) ( email )

1 Place du Congres
Brussels, 1000


College of Europe ( email )

Dijver 11
B-8000 Brugge, Oost Vlanderen 10000

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