Evidence-based risk regulation: the case of EU' delegated and implementing acts

Risk regulation is fraught with major tensions especially in policy domains that are predominantly science-based and technology-driven. This rapidly evolving environment calls for flexibility in designing regulation. At the EU... [ view full abstract ]

Risk regulation is fraught with major tensions especially in policy domains that are predominantly science-based and technology-driven. This rapidly evolving environment calls for flexibility in designing regulation. At the EU level, this flexibility is provided through the form of delegated and implementing acts that are inherently based on a principal-agent narrative. The procedure for designing and adopting these acts pose new challenges for regulators, regulated parties and other stakeholders. The paper will provide a detailed mapping of these internal procedures and examine the major institutional and regulatory challenges also in view of the enduring changes in the scientific, technological, economic and social conditions. At the same time, special attention will be paid to the inclusive and evidence-based promises and imaginaries of this institutional and legal framework that are expected to unfold the epistemic construction of scientific knowledge that serves as a basis of the relevant risk regulation standards. Given the ongoing reform of the EU framework of delegated and implementing acts, the paper is expected to shed light on a unique example of transnational form of adaptive risk regulation with a special focus on its organisational learning, institutional elasticity and reflexive capacities.