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Regulatory Federalism: EU Environmental Regulation in Comparative Perspective

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  • Kelemen, R. Daniel

Abstract

This article analyzes the development of environmental regulation in the European Union from the perspective of comparative federalism. It presents a theory of regulatory federalism that explains how the basic institutional structures of federal-type polities shape the development of regulatory policy. The article assesses the theory by systematically comparing the development of environmental regulation in the EU, the US, Canada and Australia. The analysis suggests that the EU's institutional structure encourages the development of a US-style pattern of regulation, characterized by detailed, non-discretionary rules and a litigious approach to enforcement.

Suggested Citation

  • Kelemen, R. Daniel, 2000. "Regulatory Federalism: EU Environmental Regulation in Comparative Perspective," Journal of Public Policy, Cambridge University Press, vol. 20(2), pages 133-167, August.
    • Handle: RePEc:cup:jnlpup:v:20:y:2000:i:02:p:133-167_00
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    Cited by:

    1. David Benson & Andrew Jordan, 2014. "Explaining Task Allocation in the EU: ‘Retooling’ Federalism for Comparative Analysis," Journal of Common Market Studies, Wiley Blackwell, vol. 52(4), pages 794-809, July.
    2. Fabio Franchino & Anne J. Rahming, 2003. "Biased Ministers, Inefficiency, and Control in Distributive Policies," European Union Politics, , vol. 4(1), pages 11-36, March.
    3. Arens, Ludwig & Thulke, Hans-Hermann & Eisinger, Dirk & Theuvsen, Ludwig, 2012. "Administrative cooperation and disease control in cross-border pork production," Food Policy, Elsevier, vol. 37(4), pages 473-482.
    4. Chris Ansell & Jörg Balsiger, 2011. "Circuits of Regulation: Transatlantic Perspectives on Persistent Organic Pollutants and Endocrine Disrupting Chemicals," Chapters, in: David Vogel & Johan Swinnen (ed.), Transatlantic Regulatory Cooperation, chapter 8, Edward Elgar Publishing.
    5. Pier Domenico Tortola, 2014. "The Limits of Normalization: Taking Stock of the EU‐US Comparative Literature," Journal of Common Market Studies, Wiley Blackwell, vol. 52(6), pages 1342-1357, November.
    6. Jørgen K. Knudsen, 2010. "Integration of Environmental Concerns in a Trans‐Atlantic Perspective: The Case of Renewable Electricity," Review of Policy Research, Policy Studies Organization, vol. 27(2), pages 127-146, March.

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