Responsief toezicht als vak: Strategisch balanceren tussen meervoudige belangen

Abstract

While regulatory agencies used to be judged primarily on the legal correctness and procedural fairness of their actions, the external audiences (or stakeholders) of regulators increasingly expect them to be responsive. A responsive regulator is aware of the multiplicity of its audiences, and anticipates and responds to the specific circumstances and changing expectations of these audiences, without consistently benefiting one audience over the others. In practice, however, this creates dilemmas for regulators, because different audiences have different views on what responsive regulation entails. Although responsiveness is crucial for the legitimacy of regulators, attempts at being responsive can also lead to a loss of legitimacy among certain audiences. In this contribution, we examine the dilemmas that regulators face in their aspiration for responsiveness, drawing on contemporary examples from Dutch regulatory practice. In doing so, this contribution provides insight into the relationship between responsiveness and legitimacy in regulatory governance.