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11 September 2012

EP updates stance on smart regulation

In July, the Commission on Legal Affairs of the European Parliament issued its "Report on the EC's 18th report on Better Legislation - Application of the principles of subsidiarity and proportionality (2010)", including a motion that updates the EP's position on Better Regulation. According to the explanatory memorandum, which is a particularly interesting document to trace the evolution of Smart Regulation:
"Parliament, together with the other European institutions and the Member States, must now do its part to ensure that the momentum gained is upheld and that activities are stepped up in all relevant areas. There is in particular a dire need for the Interinstitutional Agreement on better law-making from 2003 to be updated to the current legislative environment created by the Lisbon Treaty, (our emphasis) for instance concerning correlation tables, the practical modalities for legislative procedures and the demarcation between delegated and implementing acts. Action is also needed in the areas of subsidiarity checks by national parliaments and when it comes to impact assessments conducted by the Parliament and the Council. Lastly, adequate follow-up of the functioning of adopted legislation needs to be made, not least in order to gain feed-back to be used for the amendment of legislation identified as possible to ameliorate, but also in order to combat the practice of ‘gold-plating’, i.e. the introduction of additional national requirements not included in a directive, thus creating additional unnecessary burdens for citizens and business. The Commission is foreseen to publish a report on the progress of the smart regulation agenda in the latter part of 2012. Parliament should make sure to remain vigilant in identifying shortcomings and suggesting improvements in this area." All these points are fully developped in the motion (tip from M. Hainque).

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