HOW CONTEXT MATTERS
Wednesday, 28 July 2004
7
These agents of diffusion often give the false impression that there is convergence
well beyond discourse. Recently they have turned to quality as the major focal point
of their initiatives. The argument is that impact assessment has spread throughout the
EU, and the question is one of turning from innovation (the introduction of RIA) to
effective management and monitoring of the quality of this instrument (OECD 1997;
2002; Mandelkern 2001; Commission 2002).
This article takes issue with the notion of un-qualified diffusion of RIA and with the
one-size-fits-all approach to quality. Recent studies (Radaelli and De Francesco 2004)
suggest that EU countries may well discursively converge with the Mandelkern
report’s principles, but their concrete policy initiatives in the areas of RIA and better
regulation reveal a substantial variance of principles and approaches to quality. I first
discuss RIA quality. Then I focus on four dimensions of context that explain the lack
of convergence in the EU. The four dimensions are ‘stakeholders, ‘institutions’,
‘policy process’ and ‘legitimacy’. The emphasis is on EU member states, although in
some cases I will emphasise the peculiarities of EU continental member states.
2. FROM QUALITY TO CONTEXT
Economists would look somewhat suspiciously to the concept of ‘quality’ and argue
that the only meaningful benchmark is the efficiency of regulation. But there is some
mileage in going beyond efficiency. Indeed, quality covers both process (consultation,
transparency, accountability) and outcome, whereas efficiency is somewhat limited to
outcome, and specifically to the impact of regulation on how economic resources are
used in a given system. Quality is anchored to notions of good governance. As such,
it has a normative dimension. One advantage of quality is that it informs us on
governance. It embraces efficiency, but taps into other dimensions of good
governance. A second advantage (already noted by the OECD 1997: 193) is that
quality is neutral to the scope and size of public intervention. Quality is intimately
different from quantity. High quality RIA does not mean ‘low levels of regulation’,
but regulation that is proportionate, targeted, efficient, accessible, and transparent.
This locates the agenda of regulatory reform in a context that is compatible with
Convention