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Street-level Regulation: When Citizens'' non-compliance meets Vague Regulation

Anat Gofen
Hebrew University of Jerusalem
Anat Gofen
Hebrew University of Jerusalem
Esti Hoss-Golan
Hebrew University of Jerusalem

Abstract

Occasionally, citizens'' expectations from local authorities are expressed through behaviors which are not consistent with, and at times contradict, the objectives of current policy or regulation, i.e., non-compliance. Insofar as regulation is vague, local authorities are challenged to respond to these citizens'' expectations within the limits of current regulation objectives. Regulation, which is designed by local authorities as a temporary attempt to respond to citizens'' expectations that are non-compliant with current regulation, is termed as ''street-level regulation'' in this study. Street-level regulation conceptualizes a typology of responses mapped along two dimensions: active vs. passive, and enabling vs. preventive. Four patterns of response prototypes are identified: resistance, support, indirect influence, and looking the other way. Street-level regulation is further elaborated based on two case studies. One case is known worldwide and refers to the well publicized increasing rate of non-immunization of toddlers. The second case study refers to the growing numbers of dissatisfied parents in Israel who "start up" schools despite the absence of a legal mechanism enabling this kind of initiative. Based on interviews with local authority bureaucrats and informed by concepts of "scientific citizenship" and "citizens'' involvement," the concept of street-level regulation is further discussed based on the following questions: (i) What are the various prototypes of response of local authority when citizens'' demands reflect non-compliance? (ii) Which considerations and motivations determine the response which is chosen? And (iii) what policy tools are available for street-level regulation? Preliminary results indicate that street-level regulation is essentially a contextual construct of the local bureaucracy, made up of the confluence of local authority considerations, motivations and willingness to meet citizens'' demands. Similar to street-level bureaucracy, street-level regulation, emphasizes the significant and unique role that street-level bureaucracy plays, especially when current regulation is vague.