Smart Enforcement. Theory and Practice

European Journal of Law Reform, 2018, Vol. 20(4), 78-103.

26 Pages Posted: 16 May 2019

See all articles by Florentin Blanc

Florentin Blanc

OECD

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Date Written: November 1, 2018

Abstract

There is an increasing attention both on how inspections and enforcement efforts with respect to regulatory breaches can be made as effective as possible. Regulatory breaches refer to violations of norms that have been prescribed in public regulation, such as, for example, environmental regulation, food safety regulation or regulation aiming at occupational health and safety. The enforcement of this regulation is qualified as regulatory enforcement. It has been claimed that inspections should not be random, but based on risk and target-specific violators and violations. Such a “smart” enforcement policy would be able to increase the effectiveness of enforcement policy. Policy makers are enthusiastic about this new strategy, but less is known about the theoretical foundations, nor about the empirical evidence. This article presents the theoretical foundations for smart enforcement as well as some empirics. Moreover, the conditions under which smart enforcement could work are identified, but also a few potential limits are presented.

Keywords: regulatory inspections, regulatory enforcement, environmental regulations, smart regulation

JEL Classification: K14, K42

Suggested Citation

Blanc, Florentin and Faure, Michael G., Smart Enforcement. Theory and Practice (November 1, 2018). European Journal of Law Reform, 2018, Vol. 20(4), 78-103., Available at SSRN: https://ssrn.com/abstract=3372956

Florentin Blanc

OECD ( email )

2 rue Andre Pascal
Paris Cedex 16, 75775
France

Michael G. Faure (Contact Author)

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

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

3000 DR Rotterdam
Netherlands

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