The Regulatory Institute makes this initially internal document accessible to those working on new EU legislation because it is a unique instrument that can be used to improve EU legislation by drawing on tools that have already been tested in other regulatory sectors. The Toolbox avoids reinventing the wheel. Above all, it enables EU legislation to be made more complete, and therefore more efficient and less open to diverging interpretations. Using these tools can promote a more uniform, consistent and stringent application of the law. In turn, this can help create or preserve a level playing field, and thus trust. Continue reading EU-Legislators’ Toolbox, 2nd edition
Category Archives: Regulatory Techniques
Commonwealth and Latin American Legislators’ Toolbox
Drafters and policy officers are invited to select tools from this Toolbox when conceiving or amending legislation. The Toolbox contains 345 tools drawn from 55 Commonwealth and Latin American nation states (Annex I) and dozens of sectors (Annex II). Almost all tools are presented with at least one Commonwealth and one Latin American reference, enabling legislators from both geographic regions and legal traditions to identify precedents from similar jurisdictions. Continue reading Commonwealth and Latin American Legislators’ Toolbox
A new Role for Standards in the EU Regulatory System
The European Commission has initiated a comprehensive review of the European standardisation system. This article claims that the Commission’s initial analysis is incomplete with regard to the difficulty of salvaging a formal legal role for European standards. It describes how the standards nonetheless can keep an important role, though through the back door. Continue reading A new Role for Standards in the EU Regulatory System
List of Sanctions and Accompanying Measures
The following elements may be used to complement regulations with regard to sanctions and accompanying measures. The elements can be used both to establish sanctions that apply automatically by virtue of the law and to give authorities or courts/tribunals discretionary powers. Continue reading List of Sanctions and Accompanying Measures
List of Powers for Authorities / List of Obligations
The following elements may be used in regulations to:
- authorise public authorities to act in a particular way vis-à-vis natural or legal persons, other public authorities or other States;
- oblige natural or legal persons and authorities to take certain measures directly by virtue of the regulation. Continue reading List of Powers for Authorities / List of Obligations
Which Large Language Models are best for regulatory work?
The Regulatory Institute has carried out a number of tests of Large Language Models (LLM) with a view to regulatory work. Some of the tests also aimed to establish whether its model laws were the most comprehensive reference laws in their respective sectors. This article presents the main results, including a surprising ranking of LLM performance. It also draws some conclusions on the best approach to designing comprehensive, relatively complete laws. Continue reading Which Large Language Models are best for regulatory work?
Cross-sectoral Standard Provisions for Regulation
This document contains mostly very general provisions. It is intended as a source of inspiration for those drafting laws and other forms of regulation in any regulatory or policy area. Readers are invited to select provisions that they consider useful for their specific regulatory or legislative task and to adapt them to their specific needs. No provision should be taken without considering the need for adaptation. Continue reading Cross-sectoral Standard Provisions for Regulation
The Regulatory Institute’s Checklist for international Treaties, Agreements and other Instruments
The following list shall serve as a checklist only. The elements listed are not necessarily to be included in all treaties, agreements or other instruments, hereafter jointly referred to as “treaties”. Continue reading The Regulatory Institute’s Checklist for international Treaties, Agreements and other Instruments
Choosing regulatory topics
This Article claims that jurisdictions do not necessarily select their regulatory topics in a rational manner. It introduces criteria and a reflection framework to decide whether a specific topic should be subject to regulation.
Continue reading Choosing regulatory topics
Regulation under the microscope: the small scale building blocks of regulation
Analysing regulation can be done in a variety of ways. One could start at the macro level as was presented in the howtoregulate article “Regulatory architecture”. Alternatively, one could also begin analysing regulating at the micro level as this article will present. Although it would be more logical to analyse regulation step-by-step from the macro to the micro level, more can learned by presenting first the two poles before presenting regulatory techniques at the intermediate levels. The intermediate levels are better understood when one is familiar with the macro and the micro view on regulation. Continue reading Regulation under the microscope: the small scale building blocks of regulation