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Impact Assessment of EU Non‐Legislative Rulemaking: The Missing Link in ‘New Comitology’
Author(s) -
Alemanno Alberto,
Meuwese Anne
Publication year - 2013
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12014
Subject(s) - rulemaking , legislature , context (archaeology) , political science , law and economics , public administration , law , sociology , paleontology , biology
Abstract Impact assessment ( IA ) has gone from an innocuous technical tool typically used in the pre‐legislative phase to an instrument at the heart of the E uropean institutional machinery. However—in deviation from its roots as a tool governing delegated rulemaking in the US —most experience with IA in the EU has been gathered in a legislative context. Against the background of the recent evolution of the EU 's old ‘comitology’ system into a two‐track system of delegated acts and implementing measures, this contribution discusses in three parts the ‘whys,’ ‘whats’ and ‘hows’ of extending IA to ‘non‐legislative rulemaking.’ It explores various aspects of the rulemaking process that IA —if properly applied—could strengthen: consultation, control and quality.