Maria De Benedetto, Nicoletta Rangone

Effectiveness as an administrative law issue: Rules, decisions and facts

  • Abstract

Informations and abstract

Keywords: effectiveness, legislation, regulation, compliance, enforcement, better regulation

The article aims to argue effectiveness of law as an eminently administrative law issue by analysing the way in which it would be possible to achieve it without producing – with desidered effects – further undesirable and dysfunctional impacts. Effectiveness of law is discussed by mentioning elements from regulation in matter of effectiveness of legislation, effective judicial protection and from sectorial administrative law (such as competition law) by concluding with the existence of an implicit principle regarding effectiveness of administration. After distinguishing formal and substantial effectiveness, effectiveness of law is considered as a question of degree and as a decisional problem. Regulators and administrations can make use of supportive instruments but they should take into account internal and external factors which move people and firms not only to observe law but also to share purposes and implementation. In this perspective, it seems necessary to open legislative and administrative decisional processes to contributions other than law, such as such as psychology and behavioural economics, alongside traditional quality of regulation tools. Conclusions are oriented to enhance the idea of administrative “steeringµ, developed by German administrative law science, highlighting the possibility of using it in order to rethink administration.

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