The New Anticipatory Governance Culture for Innovation: Regulatory Foresight, Regulatory Experimentation and Regulatory Learning
Citation:
Deirdre Ahern, The New Anticipatory Governance Culture for Innovation: Regulatory Foresight, Regulatory Experimentation and Regulatory Learning, European Business Organization Law Review, 2024Abstract:
With the rapid pace of technological innovation, traditional methods of policy formation and
legislating are becoming conspicuously anachronistic. The need for regulatory choices to be made to
counter the deadening effect of regulatory lag is more important to developing markets and fostering
growth than achieving one-off regulatory perfection. This article advances scholarship on innovation
policy and the regulation of technological innovation in the European Union. It does so by considering
what building an agile yet robust anticipatory governance regulatory culture involves. It systematically
excavates a variety of tools and elements that are being put into use in inventive ways and argues that
these need to be more cohesively and systemically integrated into jurisdictions’ regulatory toolbox.
Approaches covered include strategic foresight, the critical embrace of iterative policy development
and regulatory learning in the face of uncertainty and the embrace of bottom-up approaches to cocreation of policy such as Policy Labs and the testing and regulatory learning through pilot regulation
and experimentation. The growing use of regulatory sandboxes as an EU policy tool to boost
innovation and navigate regulatory complexity as seen in the EU AI Act is also probed.
Author's Homepage:
http://people.tcd.ie/dahernDescription:
IN_PRESS
Author: Ahern, Deirdre
Type of material:
Journal ArticleCollections
Series/Report no:
European Business Organization Law Review;Availability:
Full text availableKeywords:
Artificial Intelligence, DLT, Policy Labs, Regulatory Sandboxes, Regulating new technologies, Regulatory experimentation, Strategic foresightSubject (TCD):
Digital Engagement , Identities in Transformation , law and technologyMetadata
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