The ‘Plateau‐ing’ of the European Better Regulation Agenda: An Analysis of Activities Carried out by the Barroso Commission1

Abstract

This paper examines the European Commission's (EC) Better Regulation Agenda, from the time that President Barroso came to power – in November 2004 – to the 2006 summer recess. It particularly focuses on whether the Commission's regulatory thinking has moved away from the precautionary principle and towards Regulatory Impact Analysis (RIA), something I predicted in 2004 (Lofstedt, 2004). The article summarises the papers and communications in the Better Regulation area put forward by the Commission since November 2004, and makes a number of observations about how the Better Regulation Agenda may develop in the future. In conclusion I argue that the Commission's Better Regulation Agenda has plateaued. Commissioner Verheugen will not be successful in pushing the Agenda further forward because of issues such as REACH and opposition from member states, notably France. It is based on a combination of desk research and interviews with policy‐makers, regulators, academics and stakeholders who have been involved either in shaping or fighting the Better Regulation Agenda. 1. This paper focuses specifically on the European Commission's activities with regard to better regulation. It does not examine the important roles of either the European Parliament or the European Council. This paper also focuses primarily on social regulation. It does not address economic regulation, per se.