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Lafarge, François --- "The impact of the Better Regulation policy on EU delegated and implementing acts rule-making" [2018] ELECD 1179; in Tauschinsky, Eljalill; Weiß, Wolfgang (eds), "The Legislative Choice Between Delegated and Implementing Acts in EU Law" (Edward Elgar Publishing, 2018) 65

Book Title: The Legislative Choice Between Delegated and Implementing Acts in EU Law

Editor(s): Tauschinsky, Eljalill; Weiß, Wolfgang

Publisher: Edward Elgar Publishing

ISBN: 9781788115223

Section: Chapter 3

Section Title: The impact of the Better Regulation policy on EU delegated and implementing acts rule-making

Author(s): Lafarge, François

Number of pages: 28

Abstract/Description:

This chapter presents how the Better Regulation policy structures the Commission’s rule-making procedures leading to the adoption of draft delegated acts and draft implementing acts. It starts by arguing that there are two approaches to Better Regulation: the technical approach driven mainly by the Commission and the political approach (institutional politics) driven mainly by the Council and the Member States. It shows that if each of the two approaches has its own impact on the rule-making procedures, the technical approach is more prone to influencing the content of delegated acts and of implementing acts than the political approach. But it concludes that both approaches are based on rationales whose primary aims are not to distinguish between the respective normative fields of the two categories of administrative regulations.