New Directions in the Effective Enforcement of EU Law and Policy
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New Directions in the Effective Enforcement of EU Law and Policy

Edited by Sara Drake and Melanie Smith

The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU legal and regulatory scholars and political scientists to explore the wealth of new legal and regulatory practices, strategies and actors that are emerging to complement the classic avenues of central and decentralized enforcement.
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Chapter 3: The long, but promising, road from deterrence to networked enforcement

Jeroen van der Heijden


Regulatory enforcement as a practice, and how political scientists, regulatory scholars and lawyers think about it, has changed considerably since the 1980s. For a long time, practitioners and scholars have sought to improve the effectiveness of regulatory enforcement without sacrificing other democratic values such as accountability and transparency. This chapter maps the evolution of regulatory enforcement literature by discussing some of the steps taken on the long, but promising, road that practitioners and scholars have travelled: from deterrence-based strategies to compliance-based strategies, and from enforced self-regulation first to responsive regulation and then on to smart regulation and beyond. The chapter concentrates in particular on the opportunities and constraints of what is the current state-of-the-art practice and theory on regulatory enforcement: networked enforcement. The chapter argues that, whilst scholarship on regulatory enforcement has made some impressive advances, the ‘perfect’ regulatory enforcement model has not yet been uncovered. It concludes by reflecting on some of the key questions that scholars may wish to take up in future research on regulatory enforcement.

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