Impact assessment of EU non-legislative rule-making: the missing link in "new comitology"

A. Meuwese, A. ALEMANNO

European Law Journal

January 2013, vol. 19, n°1, pp.76-92

Departments: Tax & Law, GREGHEC (CNRS)

Keywords: EU law, Rulemaking, delegated acts, implementing measures, Better Regulation, Regulatory oversight, Judicial Review, EU Courts

Impact assessment (IA) has gone from an innocuous technical tool typically used in the pre-legislative phase to an instrument at the heart of the European institutional machinery. However ' in deviation from its roots as a tool governing delegated rulemaking in the US ' most experience with IA in the EU has been gathered in a legislative context. Against the background of the recent evolution of the EU's old 'comitology' system into a two-track system of delegated acts and implementing measures, this contribution discusses in three parts the 'whys', 'whats' and 'hows' of extending IA to 'non-legislative rulemaking'. It explores various aspects of the rulemaking process that IA ' if properly applied ' could strengthen: consultation, control and quality