The Long, but Promising, Road From Deterrence to Networked Enforcement

Drake, S. & Smith, M. (eds), New Directions in Effective Enforcement of EU Law. Cheltenham: Edward Elgar

20 Pages Posted: 8 Mar 2021

See all articles by Jeroen van der Heijden

Jeroen van der Heijden

Victoria University of Wellington, School of Government; School of Regulation & Global Governance (RegNet)

Date Written: 2016

Abstract

Regulatory enforcement as a practice, and how political scientists, regulatory scholars and lawyers think about it, has changed considerably since the 1980s. For a long time, practitioners and scholars have sought to improve the effectiveness of regulatory enforcement without sacrificing other democratic values such as accountability and transparency. This chapter maps the evolution of regulatory enforcement literature by discussing some of the steps taken on the long, but promising, road that practitioners and scholars have travelled: from deterrence-based strategies to compliance-based strategies, and from enforced self-regulation first to responsive regulation and then on to smart regulation and beyond. The chapter concentrates in particular on the opportunities and constraints of what is the current state-of-the-art practice and theory on regulatory enforcement: networked enforcement. The chapter argues that whilst scholarship on regulatory enforcement has made some impressive advances, the ‘perfect’ regulatory enforcement model has not yet been uncovered. It concludes by reflecting on some of the key questions that scholars may wish to take up in future research on regulatory enforcement.

Keywords: regulation, governance, enforcement

JEL Classification: K29

Suggested Citation

van der Heijden, Jeroen, The Long, but Promising, Road From Deterrence to Networked Enforcement (2016). Drake, S. & Smith, M. (eds), New Directions in Effective Enforcement of EU Law. Cheltenham: Edward Elgar, Available at SSRN: https://ssrn.com/abstract=3762536 or http://dx.doi.org/10.2139/ssrn.3762536

Jeroen Van der Heijden (Contact Author)

Victoria University of Wellington, School of Government ( email )

PO Box 600
Wellington 6140
New Zealand

HOME PAGE: http://https://www.victoria.ac.nz/sog/about/staff/jeroen-vanderheijden

School of Regulation & Global Governance (RegNet) ( email )

Australian National University
Building #8
Canberra, Australian Capital Territory 0200
Australia

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