From Better Regulation to Better Adjudication? Impact Assessment and the Court of Justice's Review

Sacha Garben and Inge Govaere (eds.), ‘The EU Better Regulation Agenda: A Critical Assessment’, (Hart Publishing, 2018, Forthcoming)

15 Pages Posted: 25 Aug 2017

See all articles by Julian Nowag

Julian Nowag

Lund University - Faculty of Law; Oxford Centre for Competition Law and Policy

Xavier Groussot

Lund University

Date Written: May 2017

Abstract

The paper examines the role of the EU’s Impact Assessments in the adjudicative process of the CJ with regard to subsidiarity and proportionality. The paper first explores and explains Impact Assessments as part of the Better Regulation Agenda and its role for the rule of law. Second, it explores the Impact Assessments in the Courts review of proportionality as a procedural element. Then ways to improve the use of Impact Assessments in the case law are explored. Finally, constitutional limits to the use of Impact Assessments by the Court are explored. The paper cautions against extending the adjudicative scope of subsidiarity and proportionality to a more substantive review of the merits. Instead, we suggested to take the Commission’s commitment to Impact Assessments more seriously and hold the Commission to account with regard to this commitment thereby starting a feedback loop where better regulation leads to better adjudication and vice-versa.

Keywords: EU, Court of Justice, Better Regulation, Impact Assessment, Subsidarity, Proportionality, Commission

Suggested Citation

Nowag, Julian and Groussot, Xavier, From Better Regulation to Better Adjudication? Impact Assessment and the Court of Justice's Review (May 2017). Sacha Garben and Inge Govaere (eds.), ‘The EU Better Regulation Agenda: A Critical Assessment’, (Hart Publishing, 2018, Forthcoming). Available at SSRN: https://ssrn.com/abstract=3024039 or http://dx.doi.org/10.2139/ssrn.3024039

Julian Nowag (Contact Author)

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

Oxford Centre for Competition Law and Policy ( email )

St Cross Building
St Cross Road Oxford
Oxford, OX1 3UL
United Kingdom

Xavier Groussot

Lund University ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

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