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Accountability and Regulatory Governance: Audiences, Controls and Responsibilities in The Politics of Regulation 1st Edition Andrea C. Bianculli
Accountability and Regulatory Governance: Audiences, Controls and Responsibilities in The Politics of Regulation 1st Edition Andrea C. Bianculli
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Executive Politics and Governance Series
Series Editors
Martin Lodge, London School of Economics and Political Science, UK
Kai Wegrich, Hertie School of Governance, Germany
Editorial Board
Philippe Bezes, CNRS-CERSA, Paris, France
Sharon Gilad, Hebrew University Jerusalem, Israel
Nilima Gulrajani, London School of Economics and Political Science, UK
Will Jennings, University of Southampton, UK
David E. Lewis, Vanderbilt University, USA
Jan-Hinrik Meyer-Sahling, University of Nottingham, UK
Salvador Parrado, UNED, Madrid, Spain
Nick Sitter, Central European University, Hungary
Kutsal Yesilkagit, University of Utrecht, the Netherlands
The Executive Politics and Governance series focuses on central government, its
organization and its instruments. It is particularly concerned with how the
changing conditions of contemporary governing affect perennial questions in
political science and public administration. Executive Politics and Governance is
therefore centrally interested in questions such as how politics interacts with
bureaucracies, how issues rise and fall on political agendas, and how public orga-
nizations and services are designed and operated. This book series encourages a
closer engagement with the role of politics in shaping executive structures, and
how administration shapes politics and policymaking. In addition, this series also
wishes to engage with the scholarship that focuses on the organizational aspects
of politics, such as government formation and legislative institutions.
The series welcomes high quality research-led monographs with comparative
appeal. Edited volumes that provide in-depth analysis and critical insights into
the field of Executive Politics and Governance are also encouraged.
Titles include:
Simon Bastow
GOVERNANCE, PERFORMANCE, AND CAPACITY STRESS
The Chronic Case of Prison Crowding
Andrea C. Bianculli, Xavier Fernández-i-Marín and Jacint Jordana
ACCOUNTABILITY AND REGULATORY GOVERNANCE
Audiences, Controls and Responsibilities in the Politics of Regulation
Maria Gustavson
AUDITING GOOD GOVERNMENT IN AFRICA
Public Sector Reform, Professional Norms and the Development Discourse
Will Jennings
OLYMPIC RISKS
Martin Lodge and Kai Wegrich (editors)
EXECUTIVE POLITICS IN TIMES OF CRISIS
Edited by
Andrea C. Bianculli
Research Fellow, Institut Barcelona d’Etudis Internacionals (IBEI), Spain
Xavier Fernández-i-Marín
Senior Researcher, ESADE Business School, Spain
Jacint Jordana
Professor, Universitat Pompeu Fabra and Institut Barcelona d’Estudis
Internacionals (IBEI), Spain
Selection, introduction and editorial matter © Andrea C. Bianculli,
Xavier Fernández-i-Marín and Jacint Jordana 2015
Individual chapters © Respective authors 2015
Softcover reprint of the hardcover 1st edition 2015 978-1-137-34957-6
This book is printed on paper suitable for recycling and made from fully
managed and sustained forest sources. Logging, pulping and manufacturing
processes are expected to conform to the environmental regulations of the
country of origin.
A catalogue record for this book is available from the British Library.
A catalog record for this book is available from the Library of Congress.
Contents
Acknowledgements x
v
vi Contents
Index 278
Tables, Figures and Maps
Tables
vii
viii List of Tables, Figures and Maps
Figures
Maps
x
Acknowledgements xi
Andrea C. Bianculli
Xavier Fernández-i-Marín
Jacint Jordana
Barcelona, Spain
Contributors
xii
Notes on Contributors xiii
1
2 When Accountability Meets Regulation
by external bodies or groups having some rights over one. This ‘exten-
sion’ of accountability refers also to the creation of new accountability
instruments, which include tools to report not only to parliament or the
corresponding ministry, but also to direct stakeholders and the public.
Authors have emphasized particular accountability mechanisms over
others, namely, citizens’ oversight (Graham 1997) and output-based
mechanisms (Majone 1999). Thus, the literature often introduces sev-
eral distinctions to classify such diverse mechanisms according to the
characteristics of accountability obligations, or to the features of the
relations of those who are to be accountable towards particular actors
within the forum.
As to accountability obligations, there are different categorizations.
Mandatory vs voluntary accountability identifies whether there is or not
a legal basis for accountability mechanisms (Koop 2013). Differentiation
between formal and informal accountability mechanisms represents a
similar division, depending on how accurately the notion of informal
mechanism could be formulated. Distinguishing between ex ante sys-
tems of control and ex post, results-oriented systems of control refers
to the prospective or retrospective nature of the activity the agent is
to account for. This distinction, however, has been problematized on
the basis that accountability should only focus on the actor’s obliga-
tion to answer for past actions (Mulgan 2011). In fact, three steps have
been identified to constitute a complete accountability relation, namely,
information, discussion and consequences (for example, Mulgan 2003).
The first one involves explaining conduct, aims or rationales, while the
second one entails establishing interactions between the specific forum
actors and the subject, and the last one refers to the judgements actors in
the forum make and communicate – and which can eventually involve
sanctions (Brandsma and Schillemans 2013).
In respect to the characteristics of the accountability relation, tra-
ditional discussions on accountability have remained largely focused
on institutional mechanisms, especially on the importance of input
and parliamentary channels (Lodge 2004). However, the literature has
further distinguished between upward and downward relations (for
example, Verschuere et al. 2006). While upward mechanisms concern
those involving hierarchical relations based on the principal–agent
logic, downward accountability implies non-hierarchical mechanisms,
namely rendered to relations with citizens, users and stakeholders
in particular. Nevertheless, the division between upward and down-
ward accountability cannot be related to horizontal accountability, as
far as we understand horizontal relations as those occurring between
Jacint Jordana, Andrea C. Bianculli and Xavier Fernández-i-Marín 5
2000; Schmitter and Trechsel 2004). On the one hand, extensive del-
egation of policymaking competencies to agencies has been portrayed
as promoting greater policy continuity and consistency and as a way
of compensating for the credibility problems of democratic politicians
(Majone 1999). On the other hand, the main criticism is that vital state
functions are being delegated to agencies operating at arm’s length from
government, to the extent that ‘the real work of running democracies
is now carried out by the unelected’ (Vibert 2007: p. 186). Moreover,
this type of state bureaucracy has been seen as a contradiction of the
parliamentary model of most European governments (Döhler 2011).
A main concern in regard to upward accountability is the emer-
gence and diffusion of autonomous regulatory agencies in different
policy areas, at both the national and sub-national level (Scott 2000;
Flinders 2004; Levi-Faur and Jordana 2005). The regulatory agencies
are one of the most prominent forms of new institutional structures
characteristic of the regulatory state. Often established as independent
authorities, these agencies operate outside ministerial hierarchies and,
in consequence, are not subject to traditional hierarchical control and
accountability mechanisms (Verhoest et al. 2004). The political isola-
tion that these institutions enjoy, as well as the considerable autonomy
they benefit from in the performance of their duties, has raised con-
cerns regarding their accountability (Weir 1995; Flinders and Smith
1999; Scott 2000; Schmitter and Trechsel 2004). However, this is not a
new problem. As early as the 1950s, critics in the United States – the reg-
ulatory state avant la lettre – first questioned the lack of political (upward)
accountability of independent regulatory commissions created in prior
decades (Majone 1996).
The shift to the regulatory state has created concerns about the demo-
cratic legitimacy of the new regulatory authorities. Thus, scholars have
long discussed how these structures differ from the traditional account-
ability mechanisms of bureaucracies, and whether or not new forms of
accountability have emerged or have eventually been reinforced. In fact,
decision-making processes within regulatory institutions often involve
politically sensitive choices, such as balancing economic efficiency with
social or environmental objectives (Baldwin and Cave 1999). The deci-
sions of regulatory organizations are not merely technocratic, but are
often based on values-based choices (Lodge 2004: p. 124). In this regard
the creation of autonomous agencies was expected to improve regula-
tory performance and efficiency, while having no negative side effects
on other values, namely accountability (Self 2000; Pollitt et al. 2004).
However, analysts have also underscored the accountability deficit of
Jacint Jordana, Andrea C. Bianculli and Xavier Fernández-i-Marín 13
Language: German
Karl Scheffler
Im Insel-Verlag zu Leipzig
1917
Vorwort