Regulating with the masses? Mapping the spread of participatory regulation

Abstract

ABSTRACT Stakeholder participation in regulatory processes has become increasingly common. The literature on citizen, customer and consumer participation in regulation shows a rise in these types of engagement, based primarily on individual case studies. However, we lack a solid empirical base for the discussion of this trend. This paper asks to what extent and why this rise in participation in regulatory policy-making occurs, creating a cross-sector, cross-country map of participatory regulation. The research is based on a quantitative, dictionary-based analysis of regulatory agencies' annual reports from 1998 to 2017 (n = 781). The findings show a rise in the use of terms related to participation over time, with the notable exceptions of financial and environmental regulators. These terms are most commonly used in EU level agencies, in Australia and France, while being rarely used in the German and Austrian cases. Our analysis shows that polity level variation is a key driver of how regulators use terms related to participation, and argues that such participation is less common in countries in which stakeholder participation is carried out at the national level through centralized corporatist institutions.