From Better Regulation to Better Adjudication?

Research output: Chapter in Book/Report/Conference proceedingBook chapter


The paper examines the role of the EU’s Impact Assessments in the adjudicative process of the CJ with regard to subsidiarity and proportionality. The paper first explores and explains Impact Assessments as part of the Better Regulation Agenda and its role for the rule of law. Second, it explores the Impact Assessments in the Courts review of proportionality as a procedural element. Then ways to improve the use of Impact Assessments in the case law are explored. Finally, constitutional limits to the use of Impact Assessments by the Court are explored. The paper cautions against extending the adjudicative scope of subsidiarity and proportionality to a more substantive review of the merits. Instead, we suggested to take the Commission’s commitment to Impact Assessments more seriously and hold the Commission to account with regard to this commitment thereby starting a feedback loop where better regulation leads to better adjudication and vice-versa.


Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law


  • EU law, Court of Justice, Better Regulation, Impact Assessment, Subsidarity, Proportionality, Commission
Original languageEnglish
Title of host publicationThe EU Better Regulation Agenda: A Critical Assessment
EditorsSasha Graben, Inge Govaere
PublisherHart Publishing Ltd
Number of pages202
ISBN (Print)9781509917334
Publication statusPublished - 2018
Publication categoryResearch