The Effects of Law Through Actions of Inspections

Regulated phenomena in changing environments are difficult to manage. Their complexity is many times higher that can usually be embraced in the conventional ways public administrations prepare draft statutes, adjudicate and control other people. The same or even more stands for inspections as public...

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Main Author: Mirko Pečarič
Format: Article
Language:English
Published: University of Ljubljana Press (Založba Univerze v Ljubljani) 2017-11-01
Series:Central European Public Administration Review
Subjects:
Online Access:https://journals.uni-lj.si/CEPAR/article/view/20472
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author Mirko Pečarič
author_facet Mirko Pečarič
author_sort Mirko Pečarič
collection DOAJ
description Regulated phenomena in changing environments are difficult to manage. Their complexity is many times higher that can usually be embraced in the conventional ways public administrations prepare draft statutes, adjudicate and control other people. The same or even more stands for inspections as public bodies that directly see “regulations in action”, how asymmetries between regulation and implementation arise. Inspection is in the context of executive tasks despite its age a relatively new and poorly understood element of regulatory policies. This paper claims that regulation and enforcement are two sides of the same coin: only “regulation-enforcement” (feed-in) and “enforcement-regulation” (feedback) are the “eyes and ears” of effective regulation. Without the latter, when rules are realistic and adequate for a given context, no amount of enforcement will make unrealistic rules work. At the same time, without the properly administrated enforcement steps, focused on the risk-analysis, risk-management (risk-based strategic planning), monitoring and sufficient resources, no amount of otherwise good regulation will provide expected results.
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publisher University of Ljubljana Press (Založba Univerze v Ljubljani)
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spelling doaj-art-09c812c5b1c146d4a5cd6835300c815c2025-01-22T10:51:47ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592017-11-01153-410.17573/ipar.2017.3-4.06The Effects of Law Through Actions of InspectionsMirko Pečarič0University of Ljubljana, Faculty of AdministrationRegulated phenomena in changing environments are difficult to manage. Their complexity is many times higher that can usually be embraced in the conventional ways public administrations prepare draft statutes, adjudicate and control other people. The same or even more stands for inspections as public bodies that directly see “regulations in action”, how asymmetries between regulation and implementation arise. Inspection is in the context of executive tasks despite its age a relatively new and poorly understood element of regulatory policies. This paper claims that regulation and enforcement are two sides of the same coin: only “regulation-enforcement” (feed-in) and “enforcement-regulation” (feedback) are the “eyes and ears” of effective regulation. Without the latter, when rules are realistic and adequate for a given context, no amount of enforcement will make unrealistic rules work. At the same time, without the properly administrated enforcement steps, focused on the risk-analysis, risk-management (risk-based strategic planning), monitoring and sufficient resources, no amount of otherwise good regulation will provide expected results.https://journals.uni-lj.si/CEPAR/article/view/20472controlpublic administrationinspectionsimplementationregulation.
spellingShingle Mirko Pečarič
The Effects of Law Through Actions of Inspections
Central European Public Administration Review
control
public administration
inspections
implementation
regulation.
title The Effects of Law Through Actions of Inspections
title_full The Effects of Law Through Actions of Inspections
title_fullStr The Effects of Law Through Actions of Inspections
title_full_unstemmed The Effects of Law Through Actions of Inspections
title_short The Effects of Law Through Actions of Inspections
title_sort effects of law through actions of inspections
topic control
public administration
inspections
implementation
regulation.
url https://journals.uni-lj.si/CEPAR/article/view/20472
work_keys_str_mv AT mirkopecaric theeffectsoflawthroughactionsofinspections
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