Publications

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Today, the generation and use of huge volumes of data are redefining our “intelligence” capacity and our social and economic landscapes, spurring new industries, processes and products, and creating significant competitive advantages. In this sense, data-driven innovation (DDI) has become a key pillar of 21st-century growth, with the potential to significantly enhance productivity, resource efficiency, economic competitiveness, and social well-being.Greater access to and use of data create a wide array of impacts and policy challenges, ranging from privacy and consumer protection to open access issues and measurement concerns, across public and private health, legal and science domains. This report aims to improve the evidence base on the role of DDI for promoting growth and well-being, and provide policy guidance on how to maximise the benefits of DDI and mitigate the associated economic and societal risks.

As behavioural sciences are unearthing the complex cognitive framework in which people make decisions, policymakers seem increasingly ready to design behaviourally-informed regulations to induce behaviour change in the interests of the individual and society. After discussing what behavioural sciences have to offer to administrative law, this paper explores the extent to which administrative law may accommodate their findings into the regulatory process. After presenting the main regulatory tools capable of operationalizing behavioural insights, it builds a case for integrating them into public policymaking. In particular, this paper examines the challenges and frictions of behavioural regulation with regard both to established features of administrative law, such as the principle of legality, impartiality and judicial oversight and more innovative control mechanisms such as the use of randomized control trials to test new public policies. This analysis suggests the need to develop a legal framework capable of ensuring that behavioural considerations may inform the regulatory process while at the same time guaranteeing citizens' constitutional rights and freedoms vis-à-vis the Regulatory State.

Over the past five years, behavioural economics has been rapidly propelled from the margins of economic analysis towards the policy mainstream. In this context, this study offers an international review of the initial applications of behavioural economics to policy, with a particular focus on regulatory policy. It describes the extent to which behavioural findings have begun to influence public policy in a number of OECD countries, referring to a total of more than 60 instances, the majority of which concern regulatory policy.

The present article examines the concept of effectiveness in relation to European legislation. Effectiveness is a concern associated with European legislation since the early days of the internal market and one that is assuming increasingly disconcerting dimensions. However, in its existing understanding, effectiveness is almost exclusively linked to transposition, implementation and enforcement of European legislation by the member states and is not seen as an indicator of legislative quality that pemeates the entire process of legislative design and drafting. This article maintains that the dynamic concept of legislative effectiveness is linked not only to the transposition and the implementation of legislation but primarily to choices of legislative design and drafting. The design and drafting of European legislation pose specific challenges to me capacity of legislation to achieve common minimum standards and results. These challenges are explored in detail by looking into the European Equality Directives (Directives 2000/78/EC and 2000/43/EC). This article concludes that effectiveness as a law making principle is not adequately reflected in the existing European law-making toolkit and a new approach is required that sets effectiveness at the ‘heart’ of me law-making culture and process.