Experimentalist Governance

This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.

What does non-hierarchical governance mean? Under what conditions are actors likely to engage in it? Which trajectory best captures its long-term evolution? Through which mechanisms does it overcome gridlock? To respond to these questions at the heart of regulatory governance, Experimentalist Governance develops an analytical framework that draws on contemporary debates but seeks to overcome their limitations. Notably, it offers a definition of non-hierarchical (experimentalist) governance that goes beyond institutional structures, focusing attention on actors' choices and strategies. It shows that, contrary to expectations, functional and political pressures were more influential than distributions of legal power, and bolstered one another. Strong functional demands and political opposition influence actors' capacity of using powers which, de jure, might be concentrated in their own hands. Indeed, actors can use non-hierarchical governance to aid learning and mould political support. Conversely, they may override legal constraints and impose their views on others, insofar as they are equipped with confidence and powerful coalitions beforehand. This book also challenges conservative views that non-hierarchical governance is doomed to wither away, showing that, on the contrary, it is often resilient. Finally, it demonstrates that, far from being alternatives, positive (shadow-of-hierarchy) and negative (penalty-default) mechanisms to avoid gridlock are frequently complementary. By analysing five crucial domains (electricity, gas, communications, finance, and pharmaceuticals) in the European Union, an examination is made of when, how, and why non-hierarchical institutions affect policy processes and outcomes. Combining temporal, cross-sectoral, and within-case comparisons with process-tracing, this book ultimately illustrates the conditions, trajectories, and mechanisms of non-hierarchical governance.

This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.

"Earleir versions of the chapters were discussed at workshops at the University of Wisconsin-Madison in 2009 and at the University of Amsterdam in 2012"--page v.

This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU competition law and provides an innovative account of emergent enforcement trends and its future direction. It also argues that an experimentalist evolution of competition law and market regulation attenuates concerns about the competitive strictures of EU law on national economic and regulatory institutions. Through its focus on experimentalist governance, the book provides guidance on completing experimentalist infrastructures for market regulation, as well as on the role of courts in triggering and sustaining experimentalist solutions. As such, it offers a novel perspective on implementing competition law in the EU and beyond.

This book researches the role that interest groups play in new modes of EU governance, with a specific focus on the role of interest representation in experimentalist governance frameworks. The research asks how lobbying in the legislative process contributes to the governance framework and its institutional arrangements and subsequently asks how the relevant interest groups participate in policy implementation – in which broad policy goals are concretised. The research is based on four in-depth case studies: the Industrial Emissions Directive, the General Data Protection Regulation, the Combating Child Abuse Directive, and the Institutions for Occupational Retirement Provision Directive. Of special interest in these cases are the balance between types of interest groups (most notably business and NGOs) in policy formulation and implementation, and the changing dynamics between interest groups and public policy-makers in such ‘horizontal’ governance. The book’s findings are required reading for all those concerned with effective and democratic policy-making in the EU.

The role of regions in the European Union has been frequently debated since the 1980s. This comprehensive book provides a thorough overview of the issue from a variety of perspectives, analysing regional governance and territorial dynamics in the EU and its member states. Focusing on the implications of the democratisation–regionalisation nexus, it argues that a ‘Europe with the regions’ may promote good governance and ameliorate the democratic deficits of the EU.

Critically examines whether and how local and experimental action can deliver significant and transformative ways of tackling climate change.