Smart enforcement in the EU

Abstract

Increasingly enforcement of regulation is based on a risk-based or so-called smart enforcement. Smart enforcement implies that enforcement does not take place via ad random routine controls; but that either ex ante risk assessment has been used to target enforcement actions or that ex post enforcement strategies are adapted to the behaviour by the targeted community. The paper discusses three areas (occupational health and safety, food and veterinary control as well as environmental policy) where to different extents smart enforcement is or should be employed. A critical comparative analysis is provided, and it is concluded that the implementation of EU law could improve by using smart enforcement techniques.