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Challenges for the
EU’s Better Regulation Strategy
Frank Frick
Regulatory Craft Conference
Halifax / Canada, September 29th, 2008
EU - regulation setting global standards ?
500 million citizens in 27 countries –the world‘s largest economic block
what matters? quality, speed, mass of users, compliance, power in
international organizations (EU: 27 votes!)
Economist: Brussel as the world‘s regulatory capital / FT: Standard bearer
(i.e. 110 chinese studying REACh in Helsinki)
possibly an economic advantage: enterprises used to EU standards, no
need to prepare
but it is a disadvantage, if it becomes a race for more regulation
transatlantic regulatory cooperation would lead to worldwide agreed
standard
but: different philosophies of regulation: emphasis on precautionary
principle in Europe, assumption of corporate innocence in conjunction with
high fines in case of wrong-doing in the US
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cornerstones of the EU Better Regulation approach
overall goal:
Lisbon Strategy
= to make Europe the most competitive knowledge-based society
- consultation
(increasingly important to gain acceptance and legitimacy)
- impact assessment
(> 100 commission IAs per year) & IABoard to scrutinze IAs
- simplification
- reduction of administrative burden & independent watchdog
(measurement exercise in 13 policy fields)
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Suggestions to meet the challenges 1 + 2
1. Focus the Better Regulation agenda on three strategic goals:
Limit the overall level of regulation (Problem: Quantity, too much regulation)
Improve the quality of regulation (Problem: Quality – minimise side effects)
Improve transposition in the Member States (Problem: Errors, gold plating)
2. Involve all parties
Strengthen the commitment of the Parliament (Problem: part of the problem)
Widen the consensus among Member States, Council, Commission
Establish a link with sub-national regulatory & administrative bodies
Problem: Players below member state level decide the fate of regulation
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Suggestions to meet the challenges 3 + 4
3. Fine-tune the toolkit
Assess alternative forms of regulation (Problem: law is not the answer)
Enhance the role of impact assessment (Problem: decide when to use ia)
Establish a uniform measurement tool of administrative burdens
4. Arrange an ongoing dialogue in the leading bodies
Review the aquis communautaire
Improve the communication of the Better Regulation Strategy
Work towards a wide public debate with the stakeholders
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One major challenge for the EU's Better Regulation Strategy
the usual wisdom:
-add institutions,
-add tools,
-increase governance efforts
not wrong, but this is not the key
– danger of falling into the complexity trap, increase decision time
and decision making costs – and losing the hearts and minds of
citizens
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A call for a new framing of the better regulation debate
Are we achieving long lasting, tangible progress for citizens and
businesses in Better Regulation? Do they really feel and value what is
being done on their behalf? Move the perspective of citizens and
businesses to the centre of attention!
It takes strong leadership and Euopean statesmen and –women to create
a robust framing.
„Voters vote their identity and their values, which need not coincide with
their self-interest.“ (Lakoff)
Good framing for Better Regulation: think in moral goals, not in technical
programs.
Better Regulation is an important contribution to the goal of European
integration.
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