class 5 - Good Governance: better regulation in sport Flashcards
The regulatory competence of sports organisations is dependent on:
a) the increase of its normative production
b) its complexity: the interaction of private and public agents + and the variety of issues to be regulated (anti-doping, corruption, match fixing, ethical code)
What is the difference between efficiency and efficacy?
Efficiency is doing things in the most economical way. It is the ratio of the output to the inputs of any system (good input to output ratio).
efficacy = Wirksamkeit,
Efficacy is getting things done. It is the ability to produce a desired amount of the desired effect, or success in achieving a given goal.
Normative competences of sport associations
guidelines, principles, codes and rules
Consequences:
- negative impact on legal security
- Interpretation difficulties
What are the problems of the Legal/ethical codes in sport?
Lack of clarity in the drafting of rules.
Existence of grammatical errors.
Heterogeneity in the use of acronyms
Normative redundancies.
Lack of coherence in ethical codes of international federations.
Redundancies = two rules say the same about the same behaviour
What are the problems of the Legal/ethical codes in sport?
Lack of clarity in the drafting of rules.
Existence of grammatical errors.
Heterogeneity in the use of acronyms
Normative redundancies.
Lack of coherence in ethical codes of international federations.
What are some deficits in the legislation process?
A poor techniqueal-formal quality of the legislation. Difficulty of understanding and systematization: overlappings, contradictions.
Generalised regulatory saturation.
Reaction to these techniqueal-formal problems: taking legislation technique seriously.
Two phases in the legislation process (better regulation policy):
(a) Ex ante: making a diagnosis/analysis
(b) Ex post: to analyse the outcomes the impact (assessment) of the laws in depth, take into account efficacy & efficiency
What are some goals for a regulatory competence of a sport organisation?
Improved efficiency
That the rule meets the aims, which requires giving greater relevance to expert knowledge and empirical evidence.
Increased competitiveness
Attention to the adoption of more efficient regulations, which fulfill the objective at the lowest costs.
Legitimacy
Involve citizens - as well as key stakeholders - in the legislative process and decision making.
Regulatory improvement considers:
- The legislative process from a much broader and more inclusive perspective than just enactment phase.
- The suitability of the regulation must be based on certain empirical data.
- No rigid distinctions between enactment and enforcement,.
- It includes ex ante and ex post phases
What is the ultimate purpose of the ex ante phase?
- to avoid undesirable consequences resulting from the adoption of the policy.
It includes:
The preparation of policy proposals by defining their motivation, aims and objectives.
The weighting/balance of alternatives and the analysis of the impacts of all kinds, objective and subjective, that the policy may produce
The advice of experts.
Which demands:
The collection of all the information that the knowledge society makes accessible.
The participation of interested people and with the awareness of the need for the efficient allocation of available resources.
What kind of studies can be used to better regulate policies (ex ante & ex post)?
- Economic analysis, sociology, psychology.
- Behavioral economics (behavioral insights).
- Behavioral incentives (nudging).
- Artificial intelligence.
What is the purpose of the ex-post phase?
Completed the regulatory intervention, the degree of execution should be calibrated, determining what has been obtained in terms of the resources used.
Two aspects should be taken into account:
Effectiveness: analysing the total or partial achievement of the objectives.
Efficiency: assessing how the objectives have been achieved.
How to assess regulatory impacts?
With the Key Perfomance Indicators:
- to know (Obtain valid, objective and reliable information on the
operation of the centre/service)
- to compare (To have comparable results over time. To measure progress. Compare between organizations/areas/departments)
- to control (Check performance. Checking the operation of the processes. Identify changes and deviations. Establish alerts)
- to improve (To have information that facilitates the identification of improvement aspects)
What can be some steps of the ex-post phase in sports organisations?
- The implementation of the reporting channels examined above.
- The success of ethical codes.
- UEFA’s “Respect” campaign
- Campaigns such as those aimed at reducing doping or violence in sport.
- Protocols to reduce violence, abuse or harassament on athletes
What are problems in the Implementation of the regulatory impact assessment?
- Excessive formalism can lead to counterproductive consequences, since paradoxically the imposition of new requirements for the elaboration and approval of policies can lead to an inevitable complication and slowing down of the legislative process.
- This may lead to a fulfillment merely aesthetic.
Federations are overloaded with newly emerging tasks and obligations (transparency, data protection, compliance programmes) and not all of them have the size and the financial or human resources to carry them out satisfactorily. - Lack of technique preparation of those responsible of carrying out the tasks of legislative competence.
