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From Better Regulation to Better Adjudication?

Nowag, Julian LU and Groussot, Xavier LU (2018) p.185-185
Abstract
The paper examines the role of the EU’s Impact Assessments in the adjudicative process of the CJ with regard to subsidiarity and proportionality. The paper first explores and explains Impact Assessments as part of the Better Regulation Agenda and its role for the rule of law. Second, it explores the Impact Assessments in the Courts review of proportionality as a procedural element. Then ways to improve the use of Impact Assessments in the case law are explored. Finally, constitutional limits to the use of Impact Assessments by the Court are explored. The paper cautions against extending the adjudicative scope of subsidiarity and proportionality to a more substantive review of the merits. Instead, we suggested to take the Commission’s... (More)
The paper examines the role of the EU’s Impact Assessments in the adjudicative process of the CJ with regard to subsidiarity and proportionality. The paper first explores and explains Impact Assessments as part of the Better Regulation Agenda and its role for the rule of law. Second, it explores the Impact Assessments in the Courts review of proportionality as a procedural element. Then ways to improve the use of Impact Assessments in the case law are explored. Finally, constitutional limits to the use of Impact Assessments by the Court are explored. The paper cautions against extending the adjudicative scope of subsidiarity and proportionality to a more substantive review of the merits. Instead, we suggested to take the Commission’s commitment to Impact Assessments more seriously and hold the Commission to account with regard to this commitment thereby starting a feedback loop where better regulation leads to better adjudication and vice-versa. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
EU law, Court of Justice, Better Regulation, Impact Assessment, Subsidarity, Proportionality, Commission, EU-rätt
host publication
The EU Better Regulation Agenda: A Critical Assessment
editor
Graben, Sasha ; Govaere, Inge; and
pages
202 pages
publisher
Hart Publishing Ltd
ISBN
9781509917334
language
English
LU publication?
yes
id
ab41cebe-7a44-4c9c-877e-65fdb1e5e689
alternative location
http://dx.doi.org/10.2139/ssrn.3024039
date added to LUP
2018-09-21 15:38:38
date last changed
2019-04-23 08:15:36
@inbook{ab41cebe-7a44-4c9c-877e-65fdb1e5e689,
  abstract     = {The paper examines the role of the EU’s Impact Assessments in the adjudicative process of the CJ with regard to subsidiarity and proportionality. The paper first explores and explains Impact Assessments as part of the Better Regulation Agenda and its role for the rule of law. Second, it explores the Impact Assessments in the Courts review of proportionality as a procedural element. Then ways to improve the use of Impact Assessments in the case law are explored. Finally, constitutional limits to the use of Impact Assessments by the Court are explored. The paper cautions against extending the adjudicative scope of subsidiarity and proportionality to a more substantive review of the merits. Instead, we suggested to take the Commission’s commitment to Impact Assessments more seriously and hold the Commission to account with regard to this commitment thereby starting a feedback loop where better regulation leads to better adjudication and vice-versa.},
  author       = {Nowag, Julian and Groussot, Xavier},
  editor       = {Graben, Sasha  and Govaere, Inge},
  isbn         = {9781509917334},
  keyword      = {EU law,Court of Justice,Better Regulation,Impact Assessment,Subsidarity,Proportionality,Commission,EU-rätt},
  language     = {eng},
  pages        = {185--185},
  publisher    = {Hart Publishing Ltd},
  title        = {From Better Regulation to Better Adjudication?},
  year         = {2018},
}