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Regulatory Scrutiny in Transition

Published online by Cambridge University Press:  20 January 2017

Anne Meuwese
Anne Meuwese*
Affiliation:
European and Comparative Public Lawat Tilburg University
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Extract

So none of the wild rumours came true in the end. Those expecting representatives of Parliament and Council on the Regulatory Scrutiny Board, or seats for ‘main stakeholders’ were likely either disappointed or relieved when the European Commission's reinforced Better Regulation package was published on 19 May 2015. As it turns out the transformation of the Impact Assessment Board, which had been in the air for a while is a partial one only, for the moment at least. Indeed, the former Impact Assessment Board got a stronger mandate and a broader reach, apart from a new name, yet it retains very much the character of an ‘in–house’ body. The long-awaited ‘external members’ of the Regulatory Scrutiny Board will be recruited as temporary agents, turning ‘independence’ to some extent into an issue of labour law.

Type
Special Issue on the Better Regulation Package
Information
European Journal of Risk Regulation , Volume 6 , Issue 3 , September 2015 , pp. 359 - 360
Copyright
Copyright © Cambridge University Press 2015

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References

1 Communication from the Commission, Better regulation for better results - An EU agenda, 19 May 2015, COM(2015) 215 final.

2 European Parliament, debate ‘Monitoring the application of Community law (2003-2004) – Better lawmaking 2004: application of the principle of subsidiarity – The implementation consequences and impact of the internal market legislation in force – Strategy for the simplification of the regulatory environment (debate)’, 4 April 2006, Strasbourg, accessible at http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+CRE+20060404+ITEM-013+DOC+XML+V0//EN&language=EN.

3 Meuwese, Anne & Gomtsian, Suren, “Regulatory scrutiny of subsidiarity and proportionality”, Maastricht Journal of European and Comparative Law (forthcoming 2015).Google Scholar

4 Communication from the Commission, Better regulation for better results - An EU agenda, 19 May 2015, COM(2015) 215 final, p. 3.

5 Wikipedia definition of ‘revolving door’: “a movement of personnel between roles as legislators and regulators and the industries affected by the legislation and regulation”, https://en.wikipedia.org/wiki/Revolving_door_(politics).

6 Schlanger, Margo, “Offices of Goodness: Influence Without Authority in Federal Agencies”, Cardozo Law Review, Vol. 36, No. 2, 2014.Google Scholar

7 Communication to the Commission on ‘Regulatory Scrutiny Board. Mission, tasks and staff’, 19 May 2015, C(2015) 3262 final, p. 2. See also, the Decision of the President of the European Commission on the establishment of an independent Regulatory Scrutiny Board, 19 May 2015, C(2015) 3263 final.

8 Ibid.

9 Dutch House of Representatives (Tweede Kamer der Staten–Generaal; parliamentary year 2014-2015), Fiche on ‘Better Regulation’, series 22 112, nr. 1983.