2007
DOI: 10.1080/17521467.2007.11424659
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Governing by Goals: Governance as a Legal Style

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Cited by 18 publications
(6 citation statements)
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“…Regulations and agreements can be based on a procedural, a substantive or a combined approach, depending on the need for flexibility and adaptability on the one hand and (legal) certainty and an enforceable protection level on the other. Flexibility and adaptiveness can be achieved by open (less detailed) norms (that can be further substantively developed in mutually communication and interaction), the use of principles and duties of care, while certainty on duties, rights and accountability can better be achieved by substantive norms and standards and a clear allocation of responsibilities (Westerman, 2007a(Westerman, , 2007b. Regulations and agreements should be based on a right balance between adaptivity and flexibility on the one hand and legal certainty at the other (Green, Garmestani, Van Rijswick, & Keessen, 2013;Keessen & Van Rijswick, 2012).…”
Section: Legal Certainty and Adaptivenessmentioning
confidence: 99%
“…Regulations and agreements can be based on a procedural, a substantive or a combined approach, depending on the need for flexibility and adaptability on the one hand and (legal) certainty and an enforceable protection level on the other. Flexibility and adaptiveness can be achieved by open (less detailed) norms (that can be further substantively developed in mutually communication and interaction), the use of principles and duties of care, while certainty on duties, rights and accountability can better be achieved by substantive norms and standards and a clear allocation of responsibilities (Westerman, 2007a(Westerman, , 2007b. Regulations and agreements should be based on a right balance between adaptivity and flexibility on the one hand and legal certainty at the other (Green, Garmestani, Van Rijswick, & Keessen, 2013;Keessen & Van Rijswick, 2012).…”
Section: Legal Certainty and Adaptivenessmentioning
confidence: 99%
“…This is a form of what I analysed elsewhere under the heading of "goal-regulation" [11,12], a legislative and regulatory practice which is nowadays common in many European countries. Usually the imposition of the obligation to achieve goals is there addressed to a set of institutions that consequently set out to analyse, concretise and determine the results that should be obtained, relying on a vast amount of empirical knowledge concerning the proper strategies to achieve these results [13].…”
Section: The Principle Of Differential Treatmentmentioning
confidence: 99%
“…As I noted elsewhere 32 the rules that are issued at the central level and with which the lower echelons are confronted, may exhibit a certain amount of 30 Th is is refl ected in European governance: a white paper, Brussels 2001, Commission of the EC, which diagnoses the problems with rules in much the same way as Dutch reports, and off ers roughly the same therapy. 31 Westerman 2007a, p. 51-72. 32 Westerman 2007b abstraction, but cannot be understood as ordinary rules.…”
Section: Alternatives: the Normaddresseesmentioning
confidence: 99%