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European Network of National Human Rights Institutions stresses any changes to Better Regulation framework must strengthen quality & legitimacy of EU decision-making
'ENNHRI response to the call for evidence on the revision of the EU’s Better Regulation Framework'
...In this response to the call for evidence on the revision of the Better Regulation Framework, ENNHRI makes the following recommendations:
- Any definition of urgency should adopt a higher threshold than merely being a political priority and contain sufficiently clear criteria in order to ensure predictability, consistency and legal certainty.
- The Commission ensure a predictable, consistent and non-arbitrary application of its Better Regulation rules....
- In situations where the Commission needs to make proposals in a short timeframe, it should still use a methodology that enables it to develop an evidence base and that adheres to minimum requirements on impact assessment and consultation.
- Evidence-based law and policy making supported by rigorous impact assessments be central to the Commission’s approach.
- The Commission’s methodology for assessing impacts of a proposal or legislation include indicators beyond cost considerations and administrative burden reductions to capture a broader range of impacts, including those on individuals’ enjoyment of their human rights and environmental protection.
- Amendments introduced during the legislative process also be subject to appropriate impact assessment...
- The Commission ensure that the review and evaluation of existing and proposed legislation are grounded in rigorous, publicly available impact assessments and evidence-based monitoring...
- The Commission should ensure that formal public consultations are systematically conducted to gather a broad range of views, and not set aside in the interest of expediency...
- The Commission should ensure that consultation strategies are tailored to the nature and technical complexity of each initiative, with minimum standards for meaningful participation, including sufficient timeframes, inclusive engagement of under-represented stakeholders throughout the policy process, and systematic feedback on how input has shaped outcomes...
- The Commission should avoid a ‘once-only’ approach to consultation, as meaningful participation requires iterative engagement across the policy cycle...
- The Commission should ensure that the principle of ‘simplicity by design’ does not undermine predictability, policy objectives and high standards of human rights and environmental protections.
- Efforts to achieve coherent implementation across the EU should not result in maximum harmonisation that prevents Member States from maintaining or introducing higher levels of protection for human rights, the environment, or the EU’s fundamental values. The Commission should respect the principle of non-regression when developing new legislative initiatives to uphold existing standards and not put Member States in a situation of non-compliance with their obligations under other frameworks, such as international human rights law instruments.