Regulacyjne instrumenty w polityce publicznej

In: Studia z polityki publicznej: Public policy studies, Band 1, Heft 4, S. 69-85

Abstract

In contemporary states the aims of public policy are more often met through the implementation of regulatory instruments. It appears vital then to analyse their theoretical background as well as to contextually specify the conditions of their effective implementation. The following paper aims to conduct an analysis of the regulatory instruments such as standards, soft law along with self-regulation. There are three types of regulatory standards pointed out (goal-oriented, resultative, specific). The choice of a given standard often depends on context-specific factors, and additionally it involves an important dilemma, i.e. whether they should be unified for all the subordinate entities or differentiated in terms of the given features of the regulated entities. The author analyses the so-called 'soft law' as a regulatory instrument, which is implemented both in national and international regulatory systems. The term is used within the framework of regulatory policy and holds that the aims of public policy can be met through the application of soft, and sometimes 'informal' tools, that in certain circumstances might turn out to be equally effective as typical hard regulatory tools that are subject to sanction. The article additionally aims to address the issue of self-regulation that encompasses a set of rules that economic entities have created in a voluntary way (informally) and reciprocally claim as legally binding. These can also entail formal rules (e.g. the codes of conduct) that are fully executed in courts. In the summary section it is claimed that the choice of regulatory instruments is the one that should be dependent on the level of maturity of the institutional structures functioning within an economy as well as the capacity of entities to adequately react to informative market signals.