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
Category Archives: Regulatory Techniques
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
Regulatory architecture
Legislative and regulatory acts (hereafter jointly called “acts”) rarely exist in an isolated way. Therefore, it is important to fit them well into the overall regulatory architecture for the given sector or field. We examine in this howtoregulate article how best to position an act in the overall regulatory architecture. To that end, we need to look more closely at how acts relate to each other. Continue reading Regulatory architecture
Typology of referencing in regulations
Referencing in regulations is becoming more common in a globalised and interconnected world. Jurisdictions recognise that other bodies, or organisations both within and outside their jurisdiction, have more expertise in a given sector and so it makes sense to reference such bodies / organisations. In fact such referencing is justified based on efficiency, limited resources and consistency. However, some referencing in regulations has not been conceived well and so this howtoregulate article provides a roadmap of considerations that a regulator ought to take into account before making a reference, external to the piece of regulation. Continue reading Typology of referencing in regulations
How to harmonise decision-making of authorities and conformity assessment bodies?
More than five years after dealing with harmonised decision-making in the Handbook “How to regulate?”, we now re-visit the topic of this article in a more analytical way. We present six key components for a strategy leading to more harmonised decision-making (A). These key components can be integrated into an operational action plan and workflow. Continue reading How to harmonise decision-making of authorities and conformity assessment bodies?