Legal enclaves as a test environment for innovative products: Toward legally resilient experimentation policies 1

Stefan Philipsen, Evert Stamhuis, WM de Jong

Research output: Contribution to journalReview articleAcademic

9 Citations (Scopus)
26 Downloads (Pure)

Abstract

Many countries adhere to the Organisation for Economic Co-operation and Development creed that innovation is good for the economy. Experiments are often used to intentionally create space for innovation. Decisions allowing experiments result in temporary legal enclaves for a few, excluding many others. Therefore, they come with risks. The aim of this article is to provide a set of guidelines that help improve the legal resilience of experimentation policies, so they are better able to withstand legal attacks when they occur. To do so, we first arranged the existing diversity of legal experiments in a theoretical model. Special attention was paid to two archetypes of legal experiments: statutory experiments and regulatory sandboxes. Second, we analyzed the impact of both types of experiments on four core legal principles: legality, certainty, equality, and public accountability. From this assessment, we eventually formulated a set of guidelines to secure or improve legal resilience.

Original languageEnglish
Pages (from-to)1128-1143
Number of pages16
JournalRegulation & Governance
Volume15
Issue number4
DOIs
Publication statusPublished - Oct 2021

Bibliographical note

Publisher Copyright:
© 2021 The Authors. Regulation & Governance Published by John Wiley & Sons Australia, Ltd

Research programs

  • ESL 98-04 capgrp Publiekr

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