| High level of obligation | Low level of obligation | |
| High level of discretion | New Instruments economic, communicative, framework regulation |
OMC Open method of coordination |
| Low level of discretion | Regulatory Standards substantive, procedural |
Self-regulation in the shadow of the state |
| Regulatory Standards | New Instruments | Self-regulation | OMC | |
| Coercion | ++ legally binding standards |
+ framework and procedural rules |
+ shadow of hierarchy |
+ reporting and monitoring |
| Incentive structures | 0 | ++ changes of procedural and/or material opportunities |
++ private actors influence regulatory standards |
+ peer pressure |
| Learning | 0 | 0 | + communication in private networks |
++ best practice models |
| Hierarchy model: power of coercion |
Public delegation model:
traditional subsidiarity |
Private delegation model | Radical subsidiarity
model: public learning approach |
Legend: ++ dominant mechanism; + relevant mechanism; 0 irrelevant mechanism
| Regulatory Standards | New Instruments | Self-regulation | OMC | |
| Adjustment flexibility | Low | Low | High | High |
| Danger of capture | High | Low, but depending on national transposition | High | Low, but depending on national transposition |
| Context responsiveness | Low | High | Low | High |
| Predictability of outcomes | High | Low | High | Low |
| Regulatory Standards | New Instruments | Self-regulation | OMC | |
| Democratic Mandate | EU level: deficient |
EU-level: deficient |
EU-level: mostly poor |
EU-level : acceptable |
| National level: good |
SR-level: typically biased |
National level: good |
||
| Due Process | Participation at the discretion of the EU executive |
Participation on EU-level as RS; emphasised on national level |
Participation great reliance on "those affected", but danger of bias |
Participation stakeholder participation on both levels of governance |
| Substantive equality yes – disregarding local circumstances |
Substantive Equality partial – combined with responsiveness to local conditions |
Substantive Equality yes – assuming authority of self-regulatory network vis-à-vis its members |
Substantive Equality weak – indirect encouragement of local adjustments |
|
| Accountability | Control deficient on EU level |
Control deficiency on EU-level is partly corrected on national level |
Control weak in practice, but possible in theory |
Control ambiguous on EU level; traditional + soft mechanisms applied to national activity |