For many years, AK has been advocating for efficient and straightforward legislation to be reviewed regularly to ensure it remains up to date. AK has previously examined the ‘Better Regulation’ philosophy in depth and published the studies EU Better Regulation, The ‘One In, One Out’ Principle in the EU Legislative Process and Reducing Bureaucracy and Deregulation.

The one-in-one-out principle in the European legislative process: Less is not always more

The EU Commission’s 12 omnibus packages, presented as simplification measures, show that dismantling EU standards – despite being framed positively – is in fact highly problematic and may lead to the neglect of social, consumer protection and environmental considerations. Conducting an inquiry, the European Ombudsman also recently addressed the issue of interventions in EU legislative acts via fast-track procedures. The recommendations identified procedural shortcomings by the Commission and maladministration. Against this backdrop, the Commission has now presented a communication on a Simpler, Clearer and Better Enforced EU Rulebook. The Better Regulation Guidelines are also due to be revised shortly.

Communication: ‘A Simpler, Clearer and Better Enforced EU Rulebook’

In its communication, the Commission identifies five key actions for better regulation: Under ‘Simplicity of Design’, the aim is to give greater weight to subsidiarity and proportionality while promoting the use of sunset clauses in legal acts. There are also plans to introduce “more focused and proportionate impact assessments”, a  clear definition of “urgency” and the option to reduce the consultation period by up to 6 weeks from the standard 12 weeks. The Commission plans to review the existing body of law in 12 key areas through a new action plan and simplification platform, calling this a regulatory deep clean. Furthermore, it aims to reduce alleged “over-regulation” by Member States – referred to as “gold plating” – and to link Better Regulation more closely to the European Semester. Finally, the enforcement of EU law is to be accelerated and made more effective, whereby 11 priority areas within the single market have been identified.

Demands set out in the open letter to the European Commission

However, the measures outlined in the Communication risk undermining evidence-based policy-making, transparency and democratic accountability. They could further entrench the existing imbalance in favour of economic interests. Hence, the open letter, co-signed by AK, firmly rejects this policy direction.

The signatory organisations criticise the fact that the Commission intends to allow deviations from the standard consultation process in cases of vaguely defined ‘urgency’. In cases of ‘particular urgency’, impact assessments and consultation are even to be dispensed with entirely, nor is it acceptable to focus on businesses in impact assessments. The proposal requiring the European Parliament to conduct impact assessments for ‘substantial amendments’ using a standard cost model that ignores environmental and social costs must also be rejected.

The Commission’s increased use of ‘targeted consultations’ is mostly limited to corporate groups, thereby excluding important voices from civil society. It should therefore not be forced. The questionable use of pejorative terms such as ‘gold plating’ is also a cause for concern, as stricter national measures can raise standards in the public interest and are in line with the EU Treaties. In social policy, labour law and working conditions, Member States often adopt more ambitious measures and must remain able to do so under Article 288 TFEU. Another major problem is the increased use of sunset clauses, under which protective provisions could automatically lapse if no agreement is reached in good time to retain them.

Good law-making relies on openness and inclusive public engagement

The undersigned organisations are therefore calling for a new approach to Better Regulation. This includes, for example, taking into account the interests of workers and consumers, as well as social and environmental policy objectives, as provided for in the EU Treaties. They also call for the approach to be guided by the 10 principles of the EU Strategy for Civil Society. Consultations must be transparent and open, with academia, civil society and trade unions included in expert groups. Impact assessments prior to new legislation should take all implications into account. Furthermore, Member States must continue to have the option of introducing or maintaining higher standards.

Further information

A slide away from better regulation, not progress towards it. Open letter to the European Commission
A&W Blog: Initiativen zu Bürokratieabbau und Bessere Rechtsetzung: ein trojanisches Pferd? (Initiatives to cut red tape and improve law-making: a Trojan horse?) - German only
AK EUROPA: AK Study: EU Better Regulation - Creating a playing field for businesses at the expense of social and environmental policies
AK EUROPA: Better Regulation. At the expense of workers and the environment?
AK EUROPA: AK EUROPA: "One-In-One-Out” principle – Less is not always more!
AK EUROPA: Omnibus packages: Public interest under pressure
European Commission: A Simpler, Clearer and Better Enforced EU Rulebook