Publications

Literature
Better Regulation
Rangone N. (2016)
Techniques for Improving the Quality of Procedural Rules
The quality of procedural rules might significantly affect the quality of public decisions, an aim that is strongly promoted at European and international level. Indeed, a well-designed decision-making process might help in attaining general public decisions which are lawful, necessary, proportionate, consistent, well-written and accessible to stakeholders. The quality of procedural rules is the result of a balance between guarantees that must be provided for stakeholders, on the one hand, and efficiency and effectiveness of decision-making processes, on the other. Undoubtedly, there might be some tension between these aims, the first asking for more procedural constraints, the second raising the issue of how deep the decision-making procedure might be in order to assure both cost-effectiveness and well-reasoned decisions. This issue is tackled by procedure-simplifying measures, introduced by the policies of administrative simplification (which are analysed in chapter 1 of this section). However, such a balance is hardly to be found in general terms or imposed through a top-down approach alone. On the contrary, it often emerges from well-designed decision making processes, with predetermined, identified steps, whose depth of analysis (and their reasons) must be transparent and justified in the final decision. The quality of procedural rules might also be enhanced by the use of specific techniques aiming at increasing empirical data that enables better informed public decisions (e.g. environmental impact assessment, competition assessment, and risk assessment). These tools might be considered as techniques for improving procedural rules because they are intended to increase the awareness of the problem at stake and prevent public decisions from unintended consequences. However, while such techniques should enable evidence-based general decisions, it is not always the case, due to reasons which are both intrinsic and extrinsic to these tools.
Literature
Impact assessment
Van Golen T, Van Voorst S. (2016)
Towards a Regulatory Cycle? The Use of Evaluative Information in Impact Assessments and Ex-Post Evaluations in the European Union
As a part of its Better Regulation agenda, the European Commission increasingly stresses the link between different types of regulatory evaluations. Predictions made by Impact Assessments (IAs) could be verified during ex–post legislative evaluations, while ex–post evaluations in turn could recommend amendments to be studied in future IAs. This article combines a dataset of 309 ex–post legislative evaluations (2000-2014) and a dataset of 225 IAs of legislative updates (2003-2014) to show how many ex–post evaluations of the Commission use IAs and vice versa. This way, it explores if the Commission's rhetoric of a ‘regulatory cycle’ holds up in practice. Building on the literature of evaluation use, we formulate the hypotheses that the timeliness, quality and focus of the IAs and evaluations are key explanations for use. Our results show that so far only ten ex–post evaluations have used IAs of EU legislation, while thirty three IAs have used ex–post legislative evaluations. Using Fuzzy set Qualitative Comparative Analysis, we find that timeliness is a necessary condition of the use of ex–post evaluations by IAs, suggesting that for the regulatory cycle to function properly, it is crucial to complete an ex–post evaluation before an IA is launched. Future research could repeat our analysis for evaluations of non–regulatory activities or study the causal mechanisms behind our findings.
Documents
Experimental approach to law and regulation
JRC (2016)
The Effect of Warning Messages on Secure Behaviour Online: Results from a lab experiment
Background Increasing safety and security online can help boost the opportunities for people and businesses to trade, innovate and interact in digital markets. The level of online security is affected by technical factors, natural events and human behaviour. This study contributes to policy initiatives aimed at getting consumers to increase their online security. It tests several warning messages, based on behavioural insights, which could persuade consumers to behave more securely while online, thus diminishing their chances of suffering a cyber-attack. Methods A lab experiment was conducted in Spain (n=600). Participants had to make some online shopping decisions, and were assigned a quantity of money. An additional variable incentive depended on how secure their behaviour was during the purchasing process. Five security behaviours were observed: choosing a safe connection, providing less information during the sign-up process, choosing a strong password, choosing a trusted vendor, and logging-out. Each decision could increase their chances of suffering a cyber-attack at the end of the experiment and losing part of their variable incentive. Other factors that could affect secure behaviour were measured through a pre-purchase and a post-purchase questionnaire. Findings Results show that long security messages and messages accompanied by a male anthropomorphic character led consumers to disclose less personal information when signing up to an e-commerce website. A loss-framed message made subjects more likely to choose a trusted vendor and to log out of a website after completing a purchase. It also made them behave more securely when security behaviour is treated as a composite indicator built on three behavioural measures (using trusted vendors, using secure passwords and logging out). None of the treatments was effective in making subjects choose a safe connection, or a stronger password. Conclusions The design of security messages has an effect on security behaviour. The policy implications are that security awareness messages should be designed based on behavioural insights and be piloted before implementation. The lack of effect of the security messages on choosing a stronger password should be further examined. This result may be related to consumers lacking information on what a strong password is, or lacking knowledge that could help them to relate stronger passwords with more secure behaviour online.