Better Regulation in the EU?

James Panichi and Quentin Aries write:  The European Commission is trying to exert more control over both the European Parliament and Council of Ministers in determining the make-up of a powerful new legislative board that forms a key component of its “Better Regulation” initiative.

The Commission has watered down plans to allow the Council and Parliament to each appoint a member of the seven-member “Regulatory Scrutiny Board” (RBS), which had been envisaged as a gate-keeper for legislative proposals. The Commission will instead demand that the other institutions appoint board members who would act “independently.”

These new criteria would appear to rule out any attempt to appoint either sitting MEPs or officials employed directly by the Council.

What’s more, the main text of the document now makes no reference at all to either Parliament or the Council in the appointment process. “Three temporary posts will be created to permit the recruitment of the remaining three RSB members from outside of the European Commission on the basis of their proven academic expertise,” the document reads.

Instead of giving the RSB authority to make or break legislative proposals by carrying out impact assessments on them, the board now appears to be more of a body which would distill other impact assessments into a legislative recommendation.

Timmermans, who is spearheading the Commission’s drive for better regulation, is expected to announce that the new board will replace the Impact Assessment Board.

The RSB will broaden the scope of the Impact Assessment Board by carrying out retrospective evaluations as well as scrutinizing legislation still in the pipeline.

The Commission is planning to create another body to focus on the REFIT initiative — the Commission’s program to cut red tape and simplify EU law.

Chaired by Timmermans himself, this REFIT “platform” would help the Commission collect comments and feedback on EU regulations.

REFIT is often targeted by NGOs and trade unions, who consider it a Trojan horse used to weaken social and environmental policy.

Timmermans’s renewed approach to REFIT is likely to keep the Commission’s focus on curbing administrative burdens for small business — one of the key items of Commission President Jean-Claude Juncker’s work program, which he made public after taking office.

Regulation