Martin Nesbit Institute for European Environmental Policy Make it Work Conference Regulatory Insights Experiences and Enlightenment making regulation work for our Environment Edinburgh 1011 December 2015 ID: 623371
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Slide1
Make it Work and the EU law-making processMartin Nesbit, Institute for European Environmental PolicyMake it Work Conference Regulatory Insights, Experiences and Enlightenment - making regulation work for our EnvironmentEdinburgh, 10-11 December 2015Slide2
What does the EU legislative process mean for better regulation?
EU
legislation
is made through a unique and complex process of negotiation;The proposers of legislation (the Commission) do not have full control over its final form – and may have to accept new implemenation detail, with limited prior analysis of implications;So making progress on principles of better regulation means we need to secure endorsement – and active use – by legislators.Slide3
What happens to legislative proposals?Process of negotiation within
EP and within Council;
No
stable
majorities – agreeing a text in either EP or Council can mean adding new detail, and new requirements to convince waverers.Commission can withdraw proposals, but is reluctant to do so;In some cases, process of modification can help clarify implementation requirements;But in many cases, it adds detail and complexity.Slide4
What sort of complexity can be added?Conditional exemptionsComplex
and conflicting
compliance
assurance rulesReview clausesDifferent options for implementation, leading to a lack of standardisationSlide5
How can the legislative process improve legislation?The
legislative
process
is a necessary mechanism to ensure legislation is fit for purpose across the EU. In particular:It can reflect specific regional circumstances;It can address issues which emerge too late to be addressed in Commission proposals;And, of course, it ensures democratic legitimacy.But the legislative process rarely, if ever, simplifies implementation!Slide6
What can be done to avoid these problems? (1)Improvements in Commission process
, including
on
impact assessment, have helped ensure some issues are addressed before tabling of proposals;Timmermans package of proposals, including a new Inter-Institutional Agreement on better regulation, which covers (inter alia):Legislative coordinationImpact assessmentA focus on implementationSimplification, including Refit.Could the better regulation IIA include agreement of
principles on
standard
drafting
of
key
elements
?Slide7
What can be done to avoid these problems? (2)Joint Practical Guide
* for drafters
of
legislation
contains some useful pointers on the need for clarity; but does not offer detail on e.g. approaches to implementation;There is scope for securing broad agreement on key principles, and thereby reduce the scope for complexity being introduced through the legislative process;The key
requirement
is
for
a
broad-based
political
endorsement
of
guidelines
and
other
approaches
to
avoiding
unnecessary complexity* see (see: http://eur-lex.europa.eu/content/techleg/KB0213228ENN.pdf)Slide8
What are the lessons for Make it Work project?
A
technical
process, but will need political endorsement to ensure effectiveness;Needs to understand the drivers for complexity in the EU’s democratic process;Need to find better approaches to responding to those drivers;Where agreement has been reached on legislative drafting, make use of the standard text, and get others use to the idea of the standard text. Guidance/guidelines
on
better
regulatory
approaches
will
only
work
if
the
legislator
is guided by them!Slide9
Thank you for your attention!mnesbit@ieep.eu