Better Law Making

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 5.6.2002

COM(2002) 275 final

COMMUNICATION FROM THE COMMISSION

European Governance:

Better lawmaking

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Accountability, effectiveness, proportionality

In July 2001, the Commission presented its White Paper on European Governance. The basic

message was a simple one and is as topical now as it was then: we need to govern ourselves

better, together - European institutions and Member States. We can do this without changing

the Treaty, without necessarily wait ing for the successful outcome of a new

intergovernmental conference. Better governance together means active cooperation between

the European Parliament, the Council, the Commission and the nat ional governments so that

the people of Europe can see more clearly how they fit into major projects and into the EU's

day-to-day business.

One thing we have to acknowledge is the richness of the Community method. Compared wit h

other systems of internat ional relat ions, it produces rules which can be applied in any nat ional

context and which have the backing of legal certainty. But this very success raises further

questions.

There are a lot of complex issues at stake now in enacting good European legislat ion which is

mindful of the principles of subsidiarit y and proportionalit y. People nowadays take an interest

in the effectiveness of the rules handed down "from Brussels" and the way they are drawn up.

The advent of a democratic conscience is strengthening the need for accountability and

proportionality in the way powers vested in the European inst itutions are exercised. This need

is expressed more especially in transparency, clarity and the willingness to stand up to

scrutiny. What we have here, then, is a veritable ethical requirement.

The resolut ion adopted by the European Parliament in November 2001 in the wake of the

Kaufmann report strengthens this requirement still further. By clearly stressing the primacy of

polit ical accountabilit y behind legislat ive act ion, the resolution brings out the need for more

transparent, equitable and disputational consultat ion: it is the very qualit y of the legislat ion

which is under scrutiny.

Three communications for better lawmaking

Inspired by this resolution and by the init ial react ions during the consultat ions on the White

Paper concerning the "better lawmaking" element, and bearing in mind the recommendat ions

by the high-level group chaired by Mr Mandelkern, the Commission has now decided that the

time has come to act in response to the strategy mapped out by the Lisbon European Council.

That is the point of the three communications set out below.

These three communicat ions form a whole centred on the basic lawmaking framework of the

European Union, including the way EU law is transposed into national law. They are

designed to apply to all the EU's regulatory areas - not just the Communit y "pillar", but also

the third "pillar" that relates to just ice and home affairs, bearing in mind the institutional

framework and the decision-making arrangements proper to each "pillar". The Commission

believes that the communications could come into force from the beginning of 2003, keeping

in mind that some of the proposed provisions are a matter for an inter-institutional agreement.

"Simplifying and improving the regulatory environment" - an action plan

How can the various inst itutions and the Member States improve their lawmaking? This is the

question which the first communicat ion addresses in the form of an action plan. It deals in

chronological sequence with the various stages of the legislat ive cycle. This makes it possible

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to analyse the respect ive responsibilit ies of the various European inst itutions and to clarify

what should be done under an interinstitutional agreement.

The Commission, first of all, is committed to be more transparent in the way it exercises its

right of init iat ive and take greater account of diversit ies. In particular, the Commission shows

how it sets out clearly the reasons why it takes a particular init iat ive, and how it sets out to

ensure that the substance of its legislat ive proposals are restricted to the bare essentials.

Parliament and the Council, which are responsible in the final analysis for the proportionalit y

of the legislat ive instruments and the simplicit y of the legislat ion, are invited to firmly

commit themselves in the same direct ion: returning to the original concept of the direct ive as

provided for in the Treaty, laying down common criteria and providing for the involvement of

the