Better Regulation and Post-Legislative Scrutiny 
in the European Union

European Journal of Law Reform, Vol. 21, No. 2, 2019, pp. 137-153.

15 Pages Posted: 7 Jun 2019

See all articles by Davor Jancic

Davor Jancic

Queen Mary University of London

Date Written: February 20, 2019

Abstract

This article analyses the manner in which the EU’s Better Regulation agenda impacts pre-legislative and post-legislative scrutiny by national parliaments, as two important dimensions of their function of democratic control over EU decision making. To this end, the article critically assesses the institutional arrangements and procedures foreseen under the Commission’s 2015 Better Regulation package and examines the 2017 review of the Better Regulation Agenda, which is a fresh push towards its enhancement. The article is structured as follows. After an overview of the legal grounding and evolution of better regulation in EU law, the analysis surveys the implications for parliaments of the Juncker Commission’s package of reforms, which are laid out in a Communication and implemented through a set of guidelines, a refurbished toolbox for practitioners, a revised Regulatory Fitness and Performance Programme (REFIT), and an Interinstitutional Agreement on Better Lawmaking adopted in 2016. On this basis, the article discusses post-legislative scrutiny of EU legislation on its own merits as well as from the perspective of its relationship with pre-legislative scrutiny. The latter is important since it is the most efficient way for parliaments to influence the contents of EU policies. The article concludes that the Better Regulation Agenda maintains the status quo in parliamentary participation in EU affairs and misses the opportunity to fortify their European embeddedness.

Suggested Citation

Jancic, Davor, Better Regulation and Post-Legislative Scrutiny 
in the European Union (February 20, 2019). European Journal of Law Reform, Vol. 21, No. 2, 2019, pp. 137-153.. Available at SSRN: https://ssrn.com/abstract=3391526

Davor Jancic (Contact Author)

Queen Mary University of London ( email )

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+442078823166 (Phone)

HOME PAGE: http://www.law.qmul.ac.uk/staff/jancic.html

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