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When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union

2010; Wiley; Volume: 4; Issue: 3 Linguagem: Inglês

10.1111/j.1748-5991.2010.01084.x

1748-5991

Charalampos Koutalakis, Áron Buzogány, Tanja A. Börzel,

Political Influence and Corporate Strategies

Regulation & GovernanceVolume 4, Issue 3 p. 329-344 When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union Charalampos Koutalakis, Charalampos Koutalakis Department of Political Science and Public Administration, University of Athens, Athens, GreeceSearch for more papers by this authorAron Buzogany, Aron Buzogany German Research Institute for Public Administration Speyer, GermanySearch for more papers by this authorTanja A. Börzel, Corresponding Author Tanja A. Börzel Freie Universität Berlin, Berlin Center for European Studies, Otto Suhr Institute for Political Science and Research College "Transformative Power of Europe," Berlin, GermanyTanja A. Börzel, Freie Universität Berlin, Berlin Center for European Studies, Otto Suhr Institute for Political Science and Research College "Transformative Power of Europe," Ihnestr. 22, 14195 Berlin, Germany. Email: [email protected]Search for more papers by this author Charalampos Koutalakis, Charalampos Koutalakis Department of Political Science and Public Administration, University of Athens, Athens, GreeceSearch for more papers by this authorAron Buzogany, Aron Buzogany German Research Institute for Public Administration Speyer, GermanySearch for more papers by this authorTanja A. Börzel, Corresponding Author Tanja A. Börzel Freie Universität Berlin, Berlin Center for European Studies, Otto Suhr Institute for Political Science and Research College "Transformative Power of Europe," Berlin, GermanyTanja A. Börzel, Freie Universität Berlin, Berlin Center for European Studies, Otto Suhr Institute for Political Science and Research College "Transformative Power of Europe," Ihnestr. 22, 14195 Berlin, Germany. Email: [email protected]Search for more papers by this author First published: 23 September 2010 https://doi.org/10.1111/j.1748-5991.2010.01084.xCitations: 30Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat Abstract Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the "hollowing out" of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU. Citing Literature Volume4, Issue3September 2010Pages 329-344 RelatedInformation