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Better Regulation in the agenda of the European Union

Publication at Faculty of Law |
2020

Abstract

The aim of this paper is to analyse and evaluate the current of RIA tools used for the control of legislative quality by the European Union. Cutting Red Tape as well as reduction of regulatory burden, which are considered to be an obstacle for consolidation for Single Market, have been part of EU policies since Sutherland's Report.

However, legislative inflation, which is multiplied by necessary national transposition and adaptations acts, is hard to be tackled and very often is the main cause of unintentional uneasiness for addresses. New interinstitutional agreement on Better Law-making of 2016 framed legal landscape with new instruments such as the Regulatory Scrutiny Board which evaluate impact assessments.

On the other hand, such policies very often remain toothless when they are conflicting with political aims - recent case law of ECJ provides only procedural review for (i)rationality check of such regulation.