Legislative Bias and RIA: Case Study of Article 17 CDSM in
Czech Republic, Public Choice Theory and Cognitive Biases

k 2023

Legislative Bias and RIA: Case Study of Article 17 CDSM in Czech Republic, Public Choice Theory and Cognitive Biases

WOZNICA, Ondřej and Michal VOSINEK

Basic information

Original name

Legislative Bias and RIA: Case Study of Article 17 CDSM in Czech Republic, Public Choice Theory and Cognitive Biases

Authors

WOZNICA, Ondřej and Michal VOSINEK

Edition

Young Digital Law/Junges Digitales Recht - Bias in Law-Making, 2023

Other information

Language

English

Type of outcome

Prezentace na konferencích

Field of Study

50501 Law

Confidentiality degree

není předmětem státního či obchodního tajemství

Organization unit

Faculty of Law

Keywords in English

Article 17, Cognitive biases, DSM Directive, Public choice theory, RIA, Regulatory impact assessment

Abstract

V originále

Regulatory impact assessment (RIA) is a regular part of modern lawmakers' toolkit aiming to improve legislation coherency and promote efficient decision-making by supporting creation of evidence-based policies. RIA is a systemic evidence-based approach that employs economic methodology to assess the proposed legislation and its alternatives. In its very essence, it requires legislators to perform and document a cost-benefit analysis. Our research explores RIA processes and the biases characteristic to RIA in a case study of the transposition of Article 17 CDSM Directive in Czechia. Article 17 CDSM is a substantive piece of legislation that shapes online copyright and use of user generated content. The presentation shall provide a brief background of RIA in Czechia and insight into how the RIA of Article 17 CDSM was performed in Czechia. We identify the biases that negatively impact RIA by using the tools of economic theory. First, the presentation shall focus on the Law and Economics framework and positive analysis. Our research employs public choice theory to provide an explanation of observed inadequacies and reveal a challenged legal landscape, pointing out the RIA process is mostly formal, not material. Viable explanations range from regulatory capture to the improper chronological order of legal drafting and RIA. RIA is also vulnerable to observing technology as static which is highly problematic in the landscape of rapid technological advancements, such as the online copyright arena. Second, the presentation shall also offer insight from behavioral economics, as the possible influence of cognitive biases on the RIA process is explored in depth. These findings should inform and enrich practical legislative processes and promote good law-making.

Links

MUNI/A/1172/2022, interní kód MU

Name: Fostering Internationally Oriented Scientific Results of PhD Students in Intellectual Property Law

Investor: Masaryk University, Fostering Internationally Oriented Scientific Results of PhD Students in Intellectual Property Law

Citovat

WOZNICA, Ondřej and Michal VOSINEK. Legislative Bias and RIA: Case Study of Article 17 CDSM in Czech Republic, Public Choice Theory and Cognitive Biases. In Young Digital Law/Junges Digitales Recht - Bias in Law-Making. 2023.

@proceedings{2296526,
   author = {Woznica, Ondřej and Vosinek, Michal},
   booktitle = {Young Digital Law/Junges Digitales Recht - Bias in Law-Making},
   keywords = {Article 17, Cognitive biases, DSM Directive, Public choice theory, RIA, Regulatory impact assessment},
   language = {eng},
   title = {Legislative Bias and RIA: Case Study of Article 17 CDSM in Czech Republic, Public Choice Theory and Cognitive Biases},
   year = {2023}
}

TY  - CONF
ID  - 2296526
AU  - Woznica, Ondřej - Vosinek, Michal
PY  - 2023
TI  - Legislative Bias and RIA: Case Study of Article 17 CDSM in Czech Republic, Public Choice Theory and Cognitive Biases
KW  - Article 17, Cognitive biases, DSM Directive, Public choice theory, RIA, Regulatory impact assessment
N2  - Regulatory impact assessment (RIA) is a regular part of modern lawmakers' toolkit aiming to improve legislation coherency and promote efficient decision-making by supporting creation of evidence-based policies. RIA is a systemic evidence-based approach that employs economic methodology to assess the proposed legislation and its alternatives. In its very essence, it requires legislators to perform and document a cost-benefit analysis. Our research explores RIA processes and the biases characteristic to RIA in a case study of the transposition of Article 17 CDSM Directive in Czechia. Article 17 CDSM is a substantive piece of legislation that shapes online copyright and use of user generated content. The presentation shall provide a brief background of RIA in Czechia and insight into how the RIA of Article 17 CDSM was performed in Czechia. We identify the biases that negatively impact RIA by using the tools of economic theory. First, the presentation shall focus on the Law and Economics framework and positive analysis. Our research employs public choice theory to provide an explanation of observed inadequacies and reveal a challenged legal landscape, pointing out the RIA process is mostly formal, not material. Viable explanations range from regulatory capture to the improper chronological order of legal drafting and RIA. RIA is also vulnerable to observing technology as static which is highly problematic in the landscape of rapid technological advancements, such as the online copyright arena. Second, the presentation shall also offer insight from behavioral economics, as the possible influence of cognitive biases on the RIA process is explored in depth. These findings should inform and enrich practical legislative processes and promote good law-making.
ER  -

WOZNICA, Ondřej and Michal VOSINEK. Legislative Bias and RIA: Case Study of Article 17 CDSM in Czech Republic, Public Choice Theory and Cognitive Biases. In \textit{Young Digital Law/Junges Digitales Recht - Bias in Law-Making}. 2023.

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