Why is “Do nothing” a basic rule?

The basic “do nothing” rule ensures that new regulation is adopted only when there is no other, more effective, non-normative way of solving the problems addressed.

The entire modern philosophy of the admissibility of public intervention in the private relations of citizens, their businesses and civic organisations through the imposition of rules of conduct is based on the understanding that new legal norms, new legislation and new regulation should be introduced only if there is no other, more effective, non-normative, non-legislative or non-regulatory way of solving given problems.

The “do nothing” principle in the sphere of regulation does not mean unwillingness or laziness on the part of those in power to make policies and take decisions. It is a golden rule that has crystallised from long democratic experience and has solid scientific and practical foundations.

The “Do nothing” principle (the “do nothing” base case) has become established as basic because of the many cases in practice where the costs of state regulatory intervention turn out to be higher than those arising from the problem to be solved. Another bad practice is the many situations in which the state tries to solve law-enforcement problems by adopting new legal norms without examining why the old rules do not work.