Innovation-Friendly Regulation: The Sunset of Regulation, the Sunrise of Innovation

GMO Regulation in Crisis – The Experimental Potential of Regulation (EU) 2020/1043 on Covid-19 in Addressing Both a Crisis and a ­Pandemic

“…Non-experimental temporary laws are seen as particularly fit for addressing temporary issues, such as emergencies. Experimental regulations have an explicit knowledge-generating aim and are focused on temporary and/or small-scale testing of legal solutions to long-lasting problems (Bar-Siman-Tov, 2018;Ranchordás, 2015;Van Gestel & Van Dijck, 2011). As an emergency measure without explicit learning purposes, the Covid-19 Regulation appears to be a mere temporary law.…”

“…Also, legislative change might be accepted more easily when it has a non-permanent character. Thus, temporary laws may enable legislation to keep pace with technological and societal change (Gersen, 2007;Ranchordás, 2015Ranchordás, , 2018.…”

“…As became clear in the introduction of this article, a further distinction can be made between temporary legislation with and without experimental purposes. The latter have been used, for example, in response to single events (such as elections), crises and emergencies or other problems that are expected to be of a temporary nature (Bar-Siman-Tov, 2018;Gersen, 2007, p. 274;Oh, 2015Oh, , p. 1075Ranchordás, 2015Ranchordás, , 2018. By contrast, temporary legislation with explicit experimental purposes is meant to address problems that are expected to display some continuity.…”

“…This implies that information has to be gathered in order to be able to decide on how to follow up after an experimental measure expires. For this reason, providing for learning and evaluation mechanisms is seen in the literature as a defining characteristic of experimen-tal legislation (Bar-Siman-Tov, 2018;Ranchordás, 2013Ranchordás, , 2015Van Gestel & Van Dijck, 2011).…”

“…Experimental and (non-experimental) temporary measures are often dealt with simultaneously and ascribed largely similar characteristics (cf. Gersen, 2007, p. 248;Ranchordás, 2015). For instance, evaluation mechanisms are sometimes also considered a prerequisite for mere temporary laws (see e.g.…”