Impact Assessment of EU Non-Legislative Rulemaking: The Missing Link in ‘New Comitology’

Authors

  • Alberto Alemanno,

    Search for more papers by this author
    • Alberto Alemanno is Associate Professor of Law and Jean Monnet Chair in EU Law and Risk Regulation at HEC (École des Hautes Études Commerciales), Paris; Anne Meuwese is Associate Professor at the Department of Public Law, Jurisprudence and Legal History of Tilburg Law School. We are grateful for the comments received from participants at the ReNEUAL workshop of the Working Group on Rulemaking that took place in Luxembourg on 4 November 2011. We are particularly indebted to Deirdre Curtin, Herwig Hoffmann and Joana Mendes. Valuable input also came from Andras Baneth, Alan Hardacre, Vinciane Patelou, Béatrice Pipitone and Rob van Gestel. The usual disclaimer applies. Comments are welcome at: alemanno@hec.fr and anne.meuwese@tilburguniversity.edu
  • Anne Meuwese

    Search for more papers by this author
    • Alberto Alemanno is Associate Professor of Law and Jean Monnet Chair in EU Law and Risk Regulation at HEC (École des Hautes Études Commerciales), Paris; Anne Meuwese is Associate Professor at the Department of Public Law, Jurisprudence and Legal History of Tilburg Law School. We are grateful for the comments received from participants at the ReNEUAL workshop of the Working Group on Rulemaking that took place in Luxembourg on 4 November 2011. We are particularly indebted to Deirdre Curtin, Herwig Hoffmann and Joana Mendes. Valuable input also came from Andras Baneth, Alan Hardacre, Vinciane Patelou, Béatrice Pipitone and Rob van Gestel. The usual disclaimer applies. Comments are welcome at: alemanno@hec.fr and anne.meuwese@tilburguniversity.edu

Abstract

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.

Ancillary