Responsive Regulation at the Dutch Food and Consumer Product Safety Authority: An Empirical Assessment of Assumptions Underlying the Theory

Mascini, P. & Wijk, E. van (2009). Responsive Regulation at the Dutch Food and Commodity Authority. An Empirical Assessment of Assumptions Underlying the Theory. Regulation and Governance, 3, 27-47.

34 Pages Posted: 1 Feb 2015

See all articles by Peter Mascini

Peter Mascini

Erasmus University Rotterdam (EUR) - Erasmus School of Law; Erasmus University Rotterdam (EUR) - Faculty of Social Sciences

Eelco Wijk

VU University Amsterdam

Date Written: December 31, 2009

Abstract

Responsive regulation usually boils down to the assumption that enforcers should not shift to coercing before it has become clear that persuading does not work. This presupposes that it is possible to determine what the correct enforcement style is, that enforcers can apply the most suitable style, and that enforcers control the negative unintended consequences of their conduct. We have studied the applicability of these presuppositions at the Dutch Food and Commodity Authority by way of observations, interviews, and a survey. The applicability of all three presuppositions has proven problematic; enforcement agents apply different styles in comparable cases, are impeded to apply the most appropriate style, and do not control the perverse consequences of their conduct because regulatees tend to perceive it as more coercive than intended by inspectors. Our findings are not unique to this inspectorate and hence raise questions about the applicability of this theory.

Keywords: Deterrence, enforcement style, persuasion, responsive regulation, unintended consequences

JEL Classification: I18, J28, L50

Suggested Citation

Mascini, Peter and Wijk, Eelco, Responsive Regulation at the Dutch Food and Consumer Product Safety Authority: An Empirical Assessment of Assumptions Underlying the Theory (December 31, 2009). Mascini, P. & Wijk, E. van (2009). Responsive Regulation at the Dutch Food and Commodity Authority. An Empirical Assessment of Assumptions Underlying the Theory. Regulation and Governance, 3, 27-47. , Available at SSRN: https://ssrn.com/abstract=2558462

Peter Mascini (Contact Author)

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

Office: Sanders building, L7-23
3000 DR Rotterdam, 3000 DR
Netherlands
0031 622498090 (Phone)

HOME PAGE: http://https://www.eur.nl/people/peter-mascini/

Erasmus University Rotterdam (EUR) - Faculty of Social Sciences ( email )

Mandeville building, T7-18
3000 DR Rotterdam
Netherlands
0031622498090 (Phone)

HOME PAGE: http://https://www.eur.nl/people/peter-mascini/

Eelco Wijk

VU University Amsterdam ( email )

De Boelelaan 1105
Amsterdam, ND North Holland 1081 HV
Netherlands

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