Public and Private Regulation: Mapping the Labyrinth
CEPS Working Document No. 370, October 2012
38 Pages Posted: 5 Oct 2012
Date Written: October 1, 2012
Private governance is currently being evoked as a viable solution to many public policy goals, although the current track record of private regulatory schemes is mixed. Policy guidance documents around the world still require that policy-makers give priority to self- and co-regulation, with little or no additional guidance being given to policy-makers to devise when, and under what circumstances, these solutions can prove viable from a public policy perspective. With an array of examples from several policy fields, this paper approaches regulation as a public-private collaborative form and attempts to identify possible policy tools to be applied by public policy-makers to efficiently and effectively approach private governance as a solution, rather than a problem. We propose a six-step theoretical framework and argue that IA (impact assessment) techniques should: i) define an integrated framework including both the possibility that private regulation can be used as an alternative or as a complement to public legislation; ii) involve private parties in public IAs in order to define the best strategy or strategies that would ensure achievement of the regulatory objectives; and iii) contemplate the deployment of indicators related to governance and activities of the regulators and their ability to coordinate and solve disputes with other regulators.
Keywords: public regulation, private regulation, impact assessment, public legislation
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