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Parliamentary Oversight: When Policy Preferences Cross with Procedural Requirements

Government
Institutions
Parliaments
Political Parties
Public Policy
Rule of Law
Hallbera West
University of Agder
Hallbera West
University of Agder

Abstract

Democratic systems depend on delegation of power to function. Nevertheless, real world politics have many failed examples. The aim of this article is to increase the understanding of critical oversight conditions important for democratic delegation. In 2019, the Norwegian NAV scandal was a reality, a case about misapplication of EU/EØS welfare benefit rules with severe implications for Norwegian institutions and individuals. The investigative committee stated a “Blind zone” as the cause: a systemic lack of EU related competences. However, theoretically, delegation fails in case of lacking oversight mechanisms and actor incentives. This article stresses critical incentive conditions like when political actors’ policy positions cross with procedural requirements and if opposition party incentives go missing, and argues that institutional solutions are required to prevent this type of cases. Based on the theoretical framework and NAV scandal case documents and political party information, the article conducts a theory developing case study. The findings show missing reporting mechanisms, “welfare tourism” policy positions against EU rules, low case salience, missing opposition party incentives, and that these factors link to the missing oversight and hereby the case outcome. Thus, the article identifies conditions that challenge modern democratic delegation, which political actors need to acknowledge and act on to adhere to democratic institutional obligations if they want to avoid examples of failed delegation.