underenforcement

Underenforcement is a term used in regulatory and legal contexts to describe a situation in which rules exist on the books but are not adequately enforced in practice. This mismatch between de jure norms and de facto behavior can undermine the overall effectiveness of legal and regulatory systems and erode public trust when expectations are not met.

Causes include limited enforcement resources, competing policy priorities, and institutional weaknesses. High administrative complexity, unclear or ambiguous standards, and burdensome procedures can deter proactive enforcement. Political economy factors, including selective enforcement or regulatory capture, may lead authorities to focus on high-visibility cases rather than comprehensive application. Corruption, weak data, and limited penalties or delayed sanctions also reduce deterrence.

Impacts include erosion of the rule of law, distortion of market competition, and increased safety, health, and environmental risks when violations go unchecked. It can incentivize informal or illegal activity and create disparities in treatment, where well-connected actors face fewer consequences than others. The deterrent effect of regulation weakens as the likelihood of detection and punishment declines, diminishing overall compliance.

Strategies to address under-enforcement emphasize strengthening capacity and credibility. They include risk-based enforcement, clearer rules, and streamlined compliance procedures; better data, monitoring, and intelligence sharing; performance metrics and public accountability; appropriate penalties and timely sanctions; and resource augmentation. Collaboration with civil society, private partners, and whistleblower protections can also improve detection and compliance.

See also: enforcement, compliance, regulatory enforcement, rule of law.