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This independent blog collects news about projects or achievements in regulatory reform / better regulation. It is edited by Charles H. Montin. All opinions expressed are given on a personal basis.
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27 September 2013

How the courts can support RIA

Alberto Alemanno informs us on his blog of his contribution to the Annual Meeting of the European Association of Law & Economics (closing 28 Sept.) in a panel devoted to Law & Economics and Regulatory Impact Assessment. The other speakers are Andrea Renda (CEPS and Luiss), Daniel Trnka (OECD) and Jaroslaw Beldowski (Warsaw School of Economics). Alberto will present his forthcoming chapter in Radaelli's Handbook on Regulatory Impact Assessment titled: Impact Assessment and Courts. Its main thesis is that "In line with the principle of separation of powers, policy makers and courts have very different jobs. Yet, their respective inputs to the fabrics of government are not totally exclusive but complementary to one another: the output of the former's work, i.e. regulation, is subject to the scrutiny of the latter, through judicial review. Hence, the question arises whether and how the increasing use of impact assessment by policymakers in the preparation of policy proposals may affect courts when called upon to judge the legality of those initiatives and what this may entail for the overall legal system".

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