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Governing in the Shadow of Hierarchy: New Modes of Governance in Regulation

abstract In the wider political context of market creation and market correction on the one hand, and of rapidly increasing membership of the European Union on the other, a multitude of new modes of policy-making have appeared that all aim at accelerating the now-cumbersome policy-making processes and rendering them more effective. The increasing use of the new modes of governance has two features that are particularly striking: governments tend to rely more and more frequently on self-regulation by sectoral experts, particularly in areas of highly complex issues of market regulation. For instance, there has been a rapid expansion in the delegation of regulatory activities to independent regulatory authorities at the national and European level. In other words, there has been a tendency transfer decision making authority concerning market integration away from traditional governmental arenas and toward functionally specialized independent regulatory arenas.

With an interest in the link between traditional governmental decision-making and new modes of governance, we observe that most new modes are linked in some way to governmental action. The shadow of hierarchy not only prompts the emergence of new modes in order to avoid legislation, but also serves as a credible threat to secure their effectiveness. In the evolution of the new modes we distinguish a shift from old forms of government to new forms of governance and a shift from new modes of governance to old forms of governmental intervention. If a new mode has failed to successfully produce policy decisions, old forms of government may be fallen back upon. But new modes of governance and governmental activities may also operate alongside to each other. The processes driving the development of new modes over time are a process of instrumental learning or a contest over the distribution of costs of benefits of the new modes and over decision-making power; moreover, we also identify a process of layering different instruments.
   
keywords New Modes of Governance, European Union, policy-making process,
   
partner Adrienne Héritier
type other project type
status ongoing
start of project 2010
end of project 2011
additional informations
topics New Modes of Governance in Regulation
methods Research
contact Cornelia Kappeler