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Inter-Institutional Agreement On Better Law-Making

10th December 2020 • By

On 15 December 2015, the Commission approved a new inter-institutional agreement “Better Legislation”, which will come into force after the adoption by the three institutions. [1] This agreement was adopted as part of the Better Legislation Programme and will replace the 2003 Inter-Institutional Better Legislation Agreement. [2] The analysis of this agreement may be the subject of a number of concerns. First, some authors fear that the agreement itself and co-regulation will be withdrawn from the agreement, despite its relevance in the 2003 agreement. [8] This could deter stakeholders from “cooperating with the Commission in public-private sector cooperation in the development and enforcement of the rules,” which is particularly relevant for innovation and technological development. [9] The proposed agreement has many interesting features and is expected to improve the EU legislative process; However, the implementation of this agreement will be difficult and the question of whether it will have any real effect remains open for the time being. 11. The three institutions will hold a joint press conference to announce the favourable outcome of the legislative procedure in the codecision procedure, once they have reached an agreement, whether it is first reading, second reading or conciliation. In March 2015, the General Affairs Council began preparations for negotiations on the inter-institutional agreement. He invited the Coreper to examine the issues that could be included in the future inter-institutional “Better Legislation” agreement, known as III. Following technical discussions and later in the Coreper, the Ministers agreed at the April 2015 General Affairs Council meeting on the Commission`s key priorities for programming, improved regulation and expert consultation on delegated acts.

This position was reflected in a letter from GaC President Rinkevics to Commission Vice-President Frans Timmermans and formed the basis of negotiations with the other two institutions. 21. A legal act that provides the basis for a co-regulation mechanism will indicate the possible extent of co-regulation in the area concerned. The competent legislative authority defines in this act the measures to be taken to monitor their application if one or more parties do not comply with the rules of dissemination or if the agreement is not concluded. These measures may provide, for example, the Commission`s regular information on the monitoring of the application or a review clause under which the Commission will report at the end of a given period and propose, if necessary, an amendment to the legislative act or any other appropriate legislation. This agreement complements the following “Better Legislate” agreements and declarations, to which the three institutions remain fully committed: improving regulation is an ongoing priority for the Council. The Council wants better evidence-based legislation and less burdensome and effective governance. In its efforts to ensure that EU legislation is “useful,” the Competitiveness Council has repeatedly adopted conclusions on improving regulation.

These conclusions were also approved by the European Council. [1] Provisional text of the proposed inter-institutional agreement “Better Legislation” of the European Parliament, the Council of the European Union and the European Commission of 15 December 2015 (proposal of an ia to better legislate). [2] Inter-institutional agreement “Better legislate” of the European Parliament, the Council of the European Union and the European Commission, 16 December 2003 (2003 A) on “Better Legislation”). [3] The proposed AI to better legislate, cit., Appendix 1. [4] The proposed AI to better legislate, cit., point 1. 28. [5] Ibid.,