Chapter 38: Towards a European Model of Regulatory Governance?
Matthias Finger The chapter is in three sections. Section 38.1 offers a critical analysis of the literature on the emergence of the European Regulatory State and calls for a distinction between its global and its particularly European causes and features. Section 38.2 therefore places the emergence of the European Regulatory State within a worldwide context, especially where it is relevant to the global economic effects wrought by network industries. It thus crystallizes the broad causes and features of this prominent entity. Section 38.3 shows how the European Regulatory State – even though sharing some of these broad features – is nevertheless unique, owing to Europe’s need to position itself competitively within the global economy, which in turn explains the particularly complex and ongoing interplay between national politics, independent national regulatory authorities, transnational corporations, and European regulatory operators. Overall, this chapter argues that the complex institutional dynamics in Europe – at least in the case of the network industries – is unique and unprecedented because Europe itself is using liberalization and especially regulation as a means to position itself competitively within the global economy. In order to understand the particular features of this model of regulatory governance, one must therefore separate out the European characteristics from the broader global trends, starting with a critical analysis of the existing literature on regulatory governance and the Regulatory State. 38.1 TOWARDS A REGULATORY STATE Historically, the argument about the emergence of a Regulatory State remains linked to the development of the European Union in general and the European...
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