Debate: Regulatory fitness, subsidiarity and proportionality – report on Better Law Making ,  and
Date: WEDNESDAY, 23 JUNE 2021
Speaker: Jutta Urpilainen
Language: EN

I appreciate that this role is fully recognised in the report. This is necessary to ensure that the Union’s interventions respect the overarching principles of subsidiarity and proportionality – that is acting only where necessary at EU level, and in a way that does not go beyond what is needed to resolve the problem.  The Commission’s better regulation rules require the Commission to carry out a subsidiarity analysis when proposing new measures and European added value of existing measures. Moreover, even when the Union acts, it must do so in a proportionate way.  We share the views of the European Parliament that the application of the principle of subsidiarity and proportionality within the Better Regulation framework represents the starting point for any policy formulation, and is an essential part of the policy lifecycle. The Commission also agrees that national parliaments should be involved as early as possible in the legislative process. The subsidiarity control mechanism and our political dialogue with national parliaments are appropriate instruments for making this involvement possible.  The great number of opinions received by the Commission from national parliaments that raise policy issues and provide forward—looking political inputs, independently of existing Commission proposals, show their interest in being actors in EU policy—making beyond the subsidiarity control exercise.  Some national parliaments also replied to public consultations launched by the Commission before the adoption of the proposal. We see this very positively. We welcome the support given by Parliament to our effort to consult as widely as possible with stakeholders prior to any legislative proposal.  The new ‘Communication on Better Regulation: joining forces to make better laws’ has further improved the system of consultation by making it easier to provide input through a single call for evidence on our ‘Have Your Say’ portal and through clear questions, whilst respecting the prerequisites of European social partners.  I appreciate that Parliament supports our efforts to keep simple, easy to implement and effective legislation through the REFIT programme and the newly set up Fit for Future Platform. Legislation must remain fit for purpose and deliver its benefits at minimum costs.  This Commission has introduced also the ‘one in, one out’ approach that will offset new burdens resulting from the Commission’s proposals by reducing existing burdens in the same policy area. The goal is also to compensate adjustment costs across policy areas to the extent possible.  The Commission will implement the ‘one in, one out’ approach by building on its existing better regulation practices, making sure that it has leeway to propose legislation when necessary. While the approach brings good incentives, it cannot be applied mechanically as indicated in your report. It will by no means reduce our environmental or social economic standards and the implementation of this approach will therefore not run counter to the objectives of better regulation, but rather be applied within the better regulation context. Concerning the independence of the Commission’s Regulatory Scrutiny Board, I want to reassure the European Parliament that this is fully in line with the OECD’s recommendation on regulatory policy. The board is established by a decision of the President of the Commission which sets out the independence of the board.  Concerning the number of impact assessments examined by the Regulatory Scrutiny Board in 2019, it corresponds to the end of the mandate of the previous Commission, hence a limited number of legislative proposals.