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Better Regulation (good + regulation)
Selected AbstractsBETTER REGULATION IN EUROPE: BETWEEN PUBLIC MANAGEMENT AND REGULATORY REFORMPUBLIC ADMINISTRATION, Issue 3 2009CLAUDIO M. RADAELLI Can the European regulatory state be managed? The European Union (EU) and its member states have looked at better regulation as a possible answer to this difficult question. This emerging public policy presents challenges to scholars of public management and administrative reforms, but also opportunities. In this conceptual article, we start from the problems created by the value-laden discourse used by policy-makers in this area, and provide a definition and a framework that are suitable for empirical/explanatory research. We then show how public administration scholars could usefully bring better regulation into their research agendas. To be more specific, we situate better regulation in the context of the academic debates on the New Public Management, the political control of bureaucracies, evidence-based policy, and the regulatory state in Europe. [source] Better Regulation of Industry-Sponsored Clinical Trials Is Long OverdueTHE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 3 2009Matthew Wynia Regulating clinical trials for testing new drugs is fraught with risk. Misregulation can slow development of innovative and useful new drugs, but in other ways misregulation can foster trials that are inefficient and unethical, driven by commercial rather than scientific ends, and that can harm patients. In this paper, we argue not for more but for better regulation, based on the goal of rapidly producing innovative and safe products that represent significant advances in medical care. Data on industry-funded, late-stage clinical trials demonstrate an urgent need for dramatic changes in how these trials are designed, conducted, and analyzed. On the one hand, current patent rules can dissuade development of innovative new products with smaller markets and press trial designers to create positive results too rapidly. But at the same time, numerous studies show that when the pharmaceutical industry sponsors clinical trials, the results are systematically biased in favor of the sponsor's product, often to the detriment of patients and the public. The reasons for this bias are both complex and unavoidable, and the ways in which clinical trial design, conduct, and reporting can be inappropriately influenced are so varied and nuanced, that efforts to manage this conflict of interest and prevent harms are inevitably unsuccessful. Instead, we conclude such conflict should be avoided and a strong firewall should exist between drug developers and the final stages of clinical testing in humans. All financial support for phase III clinical trials should pass through a public-private partnership organization , perhaps tied to a broader clinical effectiveness research enterprise , which would be charged with designing, funding, and monitoring late-stage human clinical trials of new pharmaceutical products. [source] Better Regulation by Stephen Weatherill (ed.)THE MODERN LAW REVIEW, Issue 6 2008Sara-Louise Khabazian No abstract is available for this article. [source] Walls of secrecy and silenceCRIMINOLOGY AND PUBLIC POLICY, Issue 3 2010The Madoff case, cartels in the construction industry Research Summary Most analysts of the causes of the contemporary credit crunch have concluded that the supervising agencies failed in their duties. The same is true for studies of several major fraud scandals, including the Madoff affair and the Dutch construction fraud. The remedy seems immediately obvious: more and better regulation and supervision. However, this line of reasoning seems somewhat simplistic by ignoring the question of how illegal activities can remain hidden for many years from supervising agencies, victims, and bystanders. This research article argues that the problem also lies in the successful concealment of illegal activities by the perpetrators and in the presence of silence in their social environment. Policy Implications The cases analyzed in this article suggest that financial misconduct also could be controlled by breaking the conspiracies of silence. The strengthening of supervision is unlikely to be effective without simultaneous efforts to encourage people to speak out and to give them incentives to want to know and to tell the truth. [source] THE GOOD, THE BAD AND THE UGLY: ECONOMIC PERSPECTIVES ON REGULATION IN AUSTRALIAECONOMIC PAPERS: A JOURNAL OF APPLIED ECONOMICS AND POLICY, Issue 1 2004Gary Banks Chairman The paper examines the existing scope and role of regulations in Australia. While there are many benefits from regulation, there is also a myriad of, often underplayed, costs associated with regulations. While compliance costs are large, probably the most significant costs arise from behavioural responses to regulations that reduce efficiency or compromise social goals. These adverse effects are often unanticipated and arise from complex interactions between regulations. The main reasons for regulatory failure are excessive ambition (underestimating the deficiencies of the regulatory ,solution'), capture of regulatory agencies, and poor regulatory processes and institutions. The paper offers some guidelines for producing better regulation. [source] BETTER REGULATION IN EUROPE: BETWEEN PUBLIC MANAGEMENT AND REGULATORY REFORMPUBLIC ADMINISTRATION, Issue 3 2009CLAUDIO M. RADAELLI Can the European regulatory state be managed? The European Union (EU) and its member states have looked at better regulation as a possible answer to this difficult question. This emerging public policy presents challenges to scholars of public management and administrative reforms, but also opportunities. In this conceptual article, we start from the problems created by the value-laden discourse used by policy-makers in this area, and provide a definition and a framework that are suitable for empirical/explanatory research. We then show how public administration scholars could usefully bring better regulation into their research agendas. To be more specific, we situate better regulation in the context of the academic debates on the New Public Management, the political control of bureaucracies, evidence-based policy, and the regulatory state in Europe. [source] Better Regulation of Industry-Sponsored Clinical Trials Is Long OverdueTHE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 3 2009Matthew Wynia Regulating clinical trials for testing new drugs is fraught with risk. Misregulation can slow development of innovative and useful new drugs, but in other ways misregulation can foster trials that are inefficient and unethical, driven by commercial rather than scientific ends, and that can harm patients. In this paper, we argue not for more but for better regulation, based on the goal of rapidly producing innovative and safe products that represent significant advances in medical care. Data on industry-funded, late-stage clinical trials demonstrate an urgent need for dramatic changes in how these trials are designed, conducted, and analyzed. On the one hand, current patent rules can dissuade development of innovative new products with smaller markets and press trial designers to create positive results too rapidly. But at the same time, numerous studies show that when the pharmaceutical industry sponsors clinical trials, the results are systematically biased in favor of the sponsor's product, often to the detriment of patients and the public. The reasons for this bias are both complex and unavoidable, and the ways in which clinical trial design, conduct, and reporting can be inappropriately influenced are so varied and nuanced, that efforts to manage this conflict of interest and prevent harms are inevitably unsuccessful. Instead, we conclude such conflict should be avoided and a strong firewall should exist between drug developers and the final stages of clinical testing in humans. All financial support for phase III clinical trials should pass through a public-private partnership organization , perhaps tied to a broader clinical effectiveness research enterprise , which would be charged with designing, funding, and monitoring late-stage human clinical trials of new pharmaceutical products. [source] Merits of a more integrated approach to environmental assessmentsENVIRONMENTAL POLICY AND GOVERNANCE, Issue 1 2010Elke Weingarten Abstract Under the maxim of ,better regulation', the European Commission is aiming to simplify and improve the European regulatory framework in order to reduce bureaucracy and to foster economic growth. Against this background, the integration of requirements presents one option for responding to the challenge of carrying out various environmental assessments stipulated by a number of European environmental directives. Although integrative, cross-sectional approaches have been established by some European directives, such as the Directive on Environmental Impact Assessment, the member states currently make little use of these options when implementing the directives into national law. Based on a review of European directives as well as related German regulations, this article outlines an approach for an integrative environmental assessment that aims to enhance the integrative effects and reduce duplication resulting from different environmental assessments. The investigation shows that the different assessment procedures as outlined by European and German legislation can be successfully integrated without necessarily lowering the standards set by these regulations. Given that the relevant directives are binding for all member states, the proposed assessment structure can easily be applied to other member states and, where necessary, modified to suit national requirements. Copyright © 2010 John Wiley & Sons, Ltd and ERP Environment. [source] After the Health Check What is the Future for the Common Agricultural Policy?EUROCHOICES, Issue 1 2009Nach dem Gesundheitscheck: Wie geht es weiter mit der Gemeinsamen Agrarpolitik? Summary After the Health Check What is the Future for the Common Agricultural Policy? The CAP has now completed another stage in its development. The Health Check negotiating marathon has ended. The Czech Republic has been against unequal conditions for member states as these deform fair competition and the common market. Progressive modulation in the originally proposed form would have created barriers to a unified Europe, thus going against the motto of the Czech presidency ,Europe without Barriers'. The Czech Republic can certainly be satisfied with the essence of the compromise. The cancellation of the milk quota in 2015 is a liberalising measure, and as such we support it. The Health Check opens the door to the Czech presidency for a discussion on the elimination of unfair differences in direct payments between member states and we will definitely take up the opportunity. After 2013 the CAP will have to take much greater account of the situation following the unprecedented expansion of the EU in 2004 and 2006. For the Czech Republic, a further reinforcing of freedom in decision making for farmers and their focus on the specific needs of the local, community and global market is fundamental. Further simplification of the CAP and ,better regulation', focussing on a reduction in the administrative burden on farmers, is one of the priority challenges. La PAC a maintenant atteint un autre stade de son développement. Le marathon de négociation du bilan de santé a abouti. La République tchèque s'est opposée aux conditions inégales proposées aux pays membres car elles faussent la concurrence équitable et le marché commun. La modulation progressive sous sa forme initiale aurait créé des barrières dans une Europe unifiée, ce qui va à l'encontre de la devise de la présidence tchèque "Une Europe sans barrières". La République tchèque peut certainement être satisfaite de l'essence du compromis. La suppression du système des quotas laitiers en 2015 est une mesure de libéralisation et nous la soutenons en tant que telle. Le bilan de santé ouvre la porte à la présidence tchèque pour une discussion sur l'élimination des différences injustes entre paiements directs selon le pays membre et nous profiterons bien entendu de l'occasion. Après 2013, la PAC devra prendre davantage en compte la situation créée par l'élargissement sans précédent de l'UE entre 2004 et 2006. Pour la République tchèque, il est fondamental de renforcer encore la liberté qu'ont les agriculteurs pour prendre leurs décisions et de s'orienter vers les besoins spécifiques du marché local, communautaire et mondial. Un des défis prioritaires est de continuer à simplifier la PAC et d'améliorer la réglementation en s'orientant vers une réduction de la charge administrative qui pèse sur les agriculteurs. Eine weitere Phase in der Entwicklung der Gemeinsamen Agrarpolitik ist nun abgeschlossen. Der Verhandlungsmarathon hinsichtlich des Gesundheitschecks ist vorbei. Die Tschechische Republik war dagegen, dass für die Mitgliedsstaaten unterschiedliche Bedingungen gelten sollen, da diese den fairen Wettbewerb und den gemeinsamen Markt verzerren. Eine progressive Modulation in der ursprünglich vorgeschlagenen Form hätte einem einheitlichen Europa Steine in den Weg gelegt und somit dem Motto "Europa ohne Grenzen" der tschechischen Präsidentschaft widersprochen. Die Tschechische Republik hat zweifellos mit dem Kompromiss ein im Wesentlichen zufriedenstellendes Ergebnis erzielt. Die Abschaffung der Milchquote bis 2015 ist eine Maßnahme zur Liberalisierung, und als solche findet sie unsere Unterstützung. Der Gesundheitscheck eröffnet der tschechischen Präsidentschaft die Diskussion über die Beseitigung unterschiedlich hoher , und somit ungerechter , Direktzahlungen an die Mitgliedsstaaten. Diese Gelegenheit werden wir uns nicht entgehen lassen. Nach 2013 wird sich die GAP sehr viel mehr mit der Situation beschäftigen müssen, die sich aus der beispiellosen EU-Erweiterung aus den Jahren 2004 und 2006 ergibt. Für die Tschechische Republik ist es von grundlegender Bedeutung, die Entscheidungsfreiheit für Landwirte und deren Orientierung an den lokalen, regionalen und globalen Märkten fortwährend zu stärken. Die weitere Vereinfachung der GAP und eine "bessere Regulierung", die den Verwaltungsaufwand für Landwirte verringern soll, gehören zu den vorrangigen Zielen. [source] Regulatory impact assessment and regulatory governance in developing countries,PUBLIC ADMINISTRATION & DEVELOPMENT, Issue 4 2004Colin Kirkpatrick Regulatory impact assessment (RIA) offers the means to improve regulatory decision-making and practice. RIA involves a systematic appraisal of the costs and benefits associated with a proposed new regulation and evaluation of the performance of existing regulations. So far, the adoption of RIA has been confined mainly to OECD countries. The purpose of this article is to assess the contribution that RIA can make to ,better regulation' in developing countries. Results from a survey of a small number of middle-income countries suggest that a number of developing countries apply some form of regulatory assessment, but that the methods adopted are partial in their application and are certainly not systematically applied across government. The article discusses the capacity building requirements for the adoption of RIA in developing countries, in terms of regulatory assessment skills, including data collection methods and public consultation practices. The article also proposes a framework for RIA that can be applied in low and middle-income countries to improve regulatory decision-making and outcomes. Copyright © 2004 John Wiley & Sons, Ltd. [source] Atrophy and anarchy: third national survey of nursing skill-mix and advanced nursing practice in ophthalmologyJOURNAL OF CLINICAL NURSING, Issue 12 2006Dip Nursing, Wladyslawa J. Czuber-Dochan MSc Aims and objectives., The aims of the study were to investigate the advanced nursing practice and the skill-mix of nurses working in ophthalmology. Background., The expansion of new nursing roles in the United Kingdom in the past decade is set against the background of a nursing shortage. The plan to modernize the National Health Service and improve the efficiency and delivery of healthcare services as well as to reduce junior doctors' hours contributes towards a profusion of new and more specialized and advanced nursing roles in various areas of nursing including ophthalmology. Design., A self-reporting quantitative questionnaire was employed. The study used comparative and descriptive statistical tests. Method., The questionnaires were distributed to all ophthalmic hospitals and units in the United Kingdom. Hospital and unit managers were responsible for completing the questionnaires. Results., Out of a total 181 questionnaires 117 were returned. There is a downward trend in the total number of nurses working in ophthalmology. The results demonstrate more nurses working at an advanced level. However, there is a general confusion regarding role interpretation at the advanced level of practice, evident through the wide range of job titles being used. There was inconsistency in the qualifications expected of these nurses. Conclusion., Whilst there are more nurses working at an advanced level this is set against an ageing workforce and an overall decline in the number of nurses in ophthalmology. There is inconsistency in job titles, grades, roles and qualifications for nurses who work at an advanced or higher level of practice. The Agenda for Change with its new structure for grading jobs in the United Kingdom may offer protection and consistency in job titles, pay and qualifications for National Health Service nurse specialists. The Nursing and Midwifery Council needs to provide clear guidelines to the practitioners on educational and professional requirements, to protect patients and nurses. Relevance to clinical practice., The findings indicate that there is a need for better regulations for nurses working at advanced nursing practice. [source] Constrained closed-loop control of depth of anaesthesia in the operating theatre during surgeryINTERNATIONAL JOURNAL OF ADAPTIVE CONTROL AND SIGNAL PROCESSING, Issue 5 2005M. Mahfouf Abstract The constrained version of generalized predictive control (GPC) which employs the quadratic programming (QP) approach is evaluated for on-line administration of an anaesthetic drug in the operating theatre during surgery. In the first instance, a patient simulator was developed using a physiological model of the patient and the necessary control software was validated via a series of extensive simulation experiments. Such a validated system was then transferred into the operating theatre for a series of clinical evaluation trials. The clinical trials, which were performed with little involvement of the design engineer, led to a good regulation of unconsciousness using fixed-parameters as well the adaptive version of the algorithm. Furthermore, the constrained algorithm displayed good robustness properties against disturbances such as high stimulus levels and allowed for safe and economically effective administration of the anaesthetic agent isoflurane. Copyright © 2005 John Wiley & Sons, Ltd. [source] Wrongful trading and the liability of company directors: a theoretical perspective,LEGAL STUDIES, Issue 3 2005Andrew Keay When a company enters insolvent liquidation, the liquidator might take proceedings, under s 214 of the Insolvency Act 1986, against one or more of the company's directors on the basis that the director(s) engaged in wrongful trading. If found liable, a director might be ordered by a court to contribute to the assets of the company. This article examines whether subjecting directors to liability f or wrongful trading is theoretically justifiable. After briefly explaining the origin, aims, rationale and operation of s 214, the article then rehearses and evaluates the arguments propounded by several scholars against any justijkation for a provision in the mould of s 214. Next the article investigates some of the reasons given for supporting the provision. Following this some consideration is given to whether it is possible to opt out of s 214, and, if not, whether this should be permitted. It is concluded, inter alia, that while s 214 is not representative of good regulation, some form of prohibition against wrongful trading can be justified on theoretical grounds. [source] | ||||||||||||||||