Communication: Better Regulation: Delivering better results for a stronger Union

Better regulation matters. Legislation is not an end to itself – it is a means to deliver tangible benefits for European citizens and address the common challenges Europe faces. Well-targeted, evidence-based and simply written regulation is more likely to be properly implemented and achieve its goals on the ground, whether these are economic, societal or environmental. Modern, proportionate rules that are fit for purpose are essential for the rule of law and upholding of our common values, but also for the efficiency of public administrations and businesses.

The European Union has frequently been criticised – often rightly – for producing excessive and badly written regulation and for meddling in the lives of citizens or businesses with too many and too detailed rules. Reports abound, whether founded or not, of cases of misguided regulation or rules that apparently micro-manage aspects of daily economic or social life. At the same time, citizens' expectations are that Europe should focus more on providing effective solutions to the big challenges – jobs and growth, investment, security, migratory flows, and the digital revolution, to name but a few.

From the start of its mandate, the Juncker Commission made clear that we would break with the past and change the way the Commission works and sets its policies, by putting better regulation principles at the heart of its policy-making processes, to make sure its policies deliver better results for citizens, businesses and public authorities. We committed to be big on the big things and small on the small things, by focussing our action on those issues that really matter to our citizens and where European action is most necessary, and making sure that Member States take responsibility where national action is more appropriate.

And we committed to engage in a close partnership with the European Parliament and the Council and to cooperate closely with the Member States to shape the agenda and set joint political priorities, so that the European institutions, together, can deliver a better, more focused Union. Concentrating on measures that are really necessary and not doing things that have only marginal benefits or can be better done at national, regional or local level in Member States, also frees up space and means that collectively the institutions can mobilise more quickly to address new circumstances, as has been the case in the migration crisis.

Nearly two years into its mandate, the Commission is on track to deliver on our better regulation commitments. From the start, our work has been framed by a focused set of political guidelines to steer action over the medium term on the key challenges facing the EU: jobs, growth and investment; migration; security; digital; energy; or the deepening of the single market. Every year, concrete measures reflecting these strategies are set out in yearly, focused and streamlined Work Programmes. There were 100 initiatives in the Work Programme of 2014. In 2015, the Work Programme counted 23 new priority initiatives and packages. There were also only 23 in 2016.

At the same time, the number of proposals for regulations and directives made by the Commission for adoption by the European Parliament and the Council under the ordinary legislative procedure has declined from 159 in 2011 to 48 in 2015. Since 2000, the number of directives and regulations adopted by Parliament and the Council under the ordinary legislative procedure has varied annually, with the highest level of legislative output 141 in 2009. In 2015, the first year of the Juncker Commission, 56 pieces of legislation were adopted.

Not only does the Commission strive to focus on what is necessary and matters for citizens, but also to fight inertia. 90 proposals that had become outdated or which were not advancing in the European legislative process have been taken off the table of the co-legislators over the past two years, to allow the focus to be on the priority files. The existing body of EU law was reduced by abolishing 32 outdated laws, and work was launched to simplify existing rules in some 103 areas.

Better regulation also requires regulation to be prepared in full knowledge of its expected effects, to maximise positive impact and avoid unnecessary burdens and red-tape on citizens, businesses and public authorities. Part of the Commission commitment to better regulation is thus to stick to evidence-based rule-making. Before new legislation is proposed, the Commission thoroughly evaluates past experience, studies and consults on possible impacts and assesses whether action should be taken by the Union or is best left to the Member States.

Better regulation is not the sole responsibility of the European Commission; it is a joint endeavour with the European Parliament, the Council and the Member States as each has roles and responsibilities to fulfil. Nor is it a matter of concern only when new legislation is prepared and designed. At any stage in the policy cycle, from legislative negotiations between Parliament and Council to transposition and implementation by the Member States and the Commission, better regulation should come into play. To succeed, we all need to focus, to be effective, to simplify, to be transparent and to act at the right level.

ESO: Background information: State of the Union 2016: Commission presents results of Better Regulation approach http://www.europeansources.info/record/state-of-the-union-2016-commission-presents-results-of-better-regulation-approach/

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