• EU Commission event on alternative regulatory instruments
• SRIW recommends co-regulation as supplementary pillar
12.06.2015 – Today, at the invitation of the EU Commission, interested parties are meeting in Brussels at a discussion event to debate and exchange experience on how to improve regulatory instruments within the context of the European innovation and digital strategy (link). The agenda includes the recently presented Better Regulation package, the strategy for realising an effective digital single market, and the question of how the regulatory framework can support innovation as far as possible.
After presenting its study in Berlin on effective alternative regulatory instruments and digital policy, SRIW was invited to Brussels to present the study there to a broad audience. For this occasion, the study was translated and adapted to the EU context.
Drawn up by Professor Dr. Gerald Spindler (University of Göttingen) and Professor Dr. Christian Thorun (Quadriga University and founder of the ConPolicy Institute), the study investigates the effects of digitalisation on traditional regulatory approaches largely built on “command and control” under national state jurisdictions. The findings show that such traditional methods are increasingly reaching the limits of their effectiveness and ought to be supplemented by new approaches. In particular, the study recommends greater use of co-regulation on a European level. Yet rather than this seeking in any way to replace or displace democratically legitimised state regulation, the aim here is to promote the concrete definition of state tasks and statutory value decisions since, ultimately, this will facilitate speedier responses to the current challenges in the digital world and integrate the expertise of the relevant stakeholders. Co-regulation, though, can only be effective within a regulated framework with minimum standards and incentives encouraging participation in multi-stakeholder processes and measures through delegated legislation. The study additionally proposes in principle a state process of accreditation for co-regulation measures that, in the final analysis, would produce legal efficacy. This would be the only way to create the legal certainty equally benefiting businesses and consumers which is so urgently needed in dynamically developing digital markets.
SRIW’s Chief Executive Officer Harald Lemke added: “In particular, our study’s recommendations address the EU Commission, and ought to be taken into account in any implementation of the digital single market strategy.”
Since 2013, SRIW has been on the Steering Committee of the Working Group for Better Self-and Co-Regulation led by Director-General Robert Madelin (GD CONNECT).
The study can be downloaded here in English and German: