Better Regulation in EU Law: Variations on a Theme
Forthcoming in: Nathalie Rubio and Fabienne Peraldi-Leneuf (ed), La fabrication du droit de l’Union europénne dans le context du Mieux Légiférer: Du modèle ã la réalité (Presses de l’Université Aix-Marseille, Aix-en-Provence, 2017).
8 Pages Posted: 27 Mar 2017
Date Written: March 27, 2017
Better Regulation (BR) is a term that is used in European Union law to denote a well-established method of making laws and other norms at minimum cost. This article argues however that BR is best viewed as variations on a theme, rather than as an unalterable model that can easily be transplanted from one context to another. First, BR originated in a specific national political, social, economic, cultural and legal context, which conditioned its initial theoretical and institutional expression and which then shaped its development. Second, transposed to the EU context, the proponents, idea and practice of BR encountered very different opportunities and constraints as compared to its national origins, and BR has never been able to achieve many of its original idealistic objectives. Third, in recent debates about the effect of China’s WTO Accession Protocol on the EU’s non-market economy anti-dumping methodology, we see a conjunction of the legacy of BR, EU realpolitik and neglect of basic principles of interpretation of international law in the context of complex and rapidly changing economic relations. Much may be lost in the translation of legal ideas, institutions and associated social practices from a national context, to the EU context, to the international context.
Keywords: European Union law, Better Regulation, China, non-market economy anti-dumping methodology
JEL Classification: F02, K40, Z18
Suggested Citation: Suggested Citation