Regolazione ex ante, regolazione ex post e auto-regolazione: il caso ambientale

Abstract

In this paper, a theoretical analysis of the choice of self-regulating is presented in relation to the ex ante and ex post forms of regulation. First of all the relation of complementarity between these last forms of regulation is investigated through some contributions in the law and economic literature. Then the difficulties of defining the level of care is considered in relation with the presence of asymmetric information problem trying to point out how the self-regulation choice depends on the imperfections in the definition of the care level of the other instruments of regulation. Finally the imperfections characterising the ex ante and ex post regulation systems will be analysed as generating the choice of self-regulation having a look to the US and EC experience of application in the environmental field. JEL K13, K32, L51, Q28