Impact Assessment of EU Non-Legislative Rulemaking: The Missing Link of 'New' Comitology

Alberto Alemanno 

HEC Paris - Law Department

Anne Meuwese 

Tilburg University
November 29, 2012

European Law Journal, Vol. 19, No. 1, January 2013 
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 which IA – if properly applied – could strengthen: consultation, control and quality.

Number of Pages in PDF File: 27

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

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2178128