The article focuses on the regulative force of soft law and the ever changing connections and overlaps between soft law and the sources of law in different legal systems. The analysis reveals the variety of phenomena that fall into the soft law catego-ry and the many roles played by soft law at different levels (including the inter-institutional one). This variety and the overall complexity of soft law can only be observed and studied by going beyond the limits of the rulemaking process and embracing the entire (global) regulatory process, one which extends not only to rulemaking and regulatory supervision but also to regulatory enforcement and judicial re-view. It is precisely in this wider context that the regulative and regulatory functions of soft law come to light. In all of the legal systems examined soft law shows itself to be an extraordinary instrument, playing a key role in ensuring and guarantee-ing the effectiveness, balance and dynamicity of the legal system itself. Furthermore, these multiple roles are strengthened and underpinned by legisla-tors, who implement mechanisms that not only permit soft law to accede to the field of normativity, but also encourage compliance with it by increasing the costs of non-compliance by the imposition of duties, such as the duty to report non-compliance, to give reasons for non-compliance, to disclose the names of those who are not in compliance with soft law, thereby ensuring the effective-ness of soft law and, ultimately, the regulatory process itself.
|Titolo tradotto del contributo||[Autom. eng. transl.] Soft Law and normativity. A comparative analysis|
|Numero di pagine||21|
|Rivista||RIVISTA DELLA REGOLAZIONE DEI MERCATI|
|Stato di pubblicazione||Pubblicato - 2016|
- Fonti del diritto
- Soft Law
- Sources of the law