The Trap of Legislation and the Tragedy of Enforcement

Laws should express values and make choices that are general and abstract in nature. Implementation and detailed decisions should be left to public administrations. However, more and more often, for various reasons related to both the political and the administrative spheres, in Western legal systems laws are very detailed and invade the field of administrative choices. This feeds the vicious circle of regulatory inflation so the more laws there are, the more laws are needed. Public administrations' action is slowed down and sometimes paralyzed. Even the legislator finds it increasingly difficult to act effectively, because, in a framework of overabundant and fragmented legislation, the force of the law is attenuated and the single statutes produce limited effects. As a result, the various operators remain entangled in the trap of the laws, which they built themselves.