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Innovation generates, to a lesser or greater degree, uncertainties that regulators must deal with. Part of their toolkit for managing uncertainty involves the use of regulatory learning mechanisms to adapt the law to changes in circumstances.
This chapter argues that regulatory learning might be hampered by other parts of the regulatory toolkit, such as future-proofing and the pursuit of technology neutrality. Through the analysis of the European Union’s better regulation toolbox, it identifies how the design of regulatory instruments might lead to maladaptive learning, which produces results that are not conducive to the stated regulatory goals. By framing those potential sources of maladaptation, the chapter identifies how the contribution of such regulatory interventions to innovation can be analysed in context rather than taken for granted.
Marco Almada is a postdoctoral researcher in cyber policy at the University of Luxembourg, working on digital regulatory learning and digital sovereignty. He holds a PhD in law from the EUI and bachelor's and master's degrees in law and computer science.
The Law, Rationalism, and Complexity Working Group endeavours to navigate the complexity of modern legal knowledge through logical reasoning, empirical analysis, and experimentation, including establishing interdisciplinary links with hard sciences.
Interested fellows, PhD researchers, professors, and visiting academics are invited to participate.
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Coordinators of the Law, Rationalism, and Complexity Working Group: Alena Yarmak and Prince Amadi.
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