Regulatory Offsetting Schemes as Effective Governmental Self‐Binding Device? Lessons From the German Experience

ABSTRACT Governments in advanced democracies often implement self‐binding mechanisms like regulatory offsetting schemes to counteract short‐term political incentives. This paper evaluates the effectiveness of Germany's offsetting scheme by analyzing over 3000 legal acts for restrictive clauses and passages related to replacing or repealing existing regulations. Despite Germany being a “least likely” case for failure, our analysis indicates that the scheme has not reduced regulatory burdens. These findings suggest that self‐binding measures struggle to override political incentives for rule production, especially with inadequate monitoring. We contribute to the literature by systematically assessing governmental self‐binding effectiveness, introducing a novel methodological approach based on large language models, and employing a robust difference‐in‐differences design to estimate counterfactual effects. Our study highlights the challenges of implementing effective self‐binding mechanisms in democratic governance.

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Publication Details

Journal
Public Administration Review
Published
2026-03-11
DOI
https://doi.org/10.1111/puar.70107
Primary Topic
Regulation and Compliance Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Regulatory Offsetting Schemes as Effective Governmental Self‐Binding Device? Lessons From the German Experience

Xavier Fernández‐i‐Marín, Markus Hinterleitner, Yves Steinebach, Christoph Knill
Public Administration Review
Regulation and Compliance Studies
article

Regulatory Offsetting Schemes as Effective Governmental Self‐Binding Device? Lessons From the German Experience

Xavier Fernández‐i‐Marín, Markus Hinterleitner, Yves Steinebach, Christoph Knill
article en

Abstract

ABSTRACT Governments in advanced democracies often implement self‐binding mechanisms like regulatory offsetting schemes to counteract short‐term political incentives. This paper evaluates the effectiveness of Germany's offsetting scheme by analyzing over 3000 legal acts for restrictive clauses and passages related to replacing or repealing existing regulations. Despite Germany being a “least likely” case for failure, our analysis indicates that the scheme has not reduced regulatory burdens. These findings suggest that self‐binding measures struggle to override political incentives for rule production, especially with inadequate monitoring. We contribute to the literature by systematically assessing governmental self‐binding effectiveness, introducing a novel methodological approach based on large language models, and employing a robust difference‐in‐differences design to estimate counterfactual effects. Our study highlights the challenges of implementing effective self‐binding mechanisms in democratic governance.

Public Administration Review
University of Oslo (NO), LMU Klinikum (DE), Universitat de Barcelona (ES), Ludwig-Maximilians-Universität München (DE), University of Lausanne (CH)
Peace, Justice and strong institutions
Openalex Percentile: Top 27%
Regulation and Compliance Studies
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