Make it Work and the EU law-making process - PowerPoint Presentation

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