Post on 02-Jul-2015
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EU policies are excessively regulatoryin character
Anna Dekalchuk, November, the 5th
Outline
1. Different types of regulation within the EU framework
2. The Commission: widening and deepening of regulation
3. “Better governance” project: tackling overregulation by the regulator
0. G.Majone, different perspectives. Fff What is a regulatory policy
Different perspectives
degree of intervention
dirigisme regulatory state laissez-faire
European Left American Left Right
public ownership statutory regulation self-regulation
Different perspectives
modes of regulation
distributive regulatoryredistributive
direct-expenditure programmes limited budget constraints
Different perspectives
types of policies
Regulatory policies – these are policies that “lay down rules governing behavior”
1. Different types of regulation within the EU framework
Council Directive 84/527/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to welded unalloyed steel gas cylinders
Old school harmonization
10 years to pass one directive – too long
1. Different types of regulation within the EU framework
New approach towards regulation
The Cassis de Dijon case (1979) laying down mutual recognition principle
Commission communication (COM(1985)19) “Technical harmonization and standardization: a new approach"
Council Resolution (85/C 136/01) of 7 May 1985 on a new approach to technical harmonization and standards
2. The Commission: widening and deepening of regulation
pure mutual recognition race to the bottom (reduction of standards)market failures (regulation of the problem by the market itself doesn‟t seem possible)
EU regulation is an answer to:
EU regulation is important for the internal market to work in a proper way
BUT
2. The Commission: widening of regulation
Domestic level:pay-as-you go (PAYG) pensions vs. occupational pensions based on funding
(public pensions) (private pensions)
2000, Commission proposal for a directive for Institutions for Occupational Retirement Provisions (based upon single market treaty provisions): mutual recognition + some scope of regulation
Adopted directive – the least common denominator: Swiss cheese with a lot of holes
Another area of public policy traditionally solely regulated by the MS – subject to European integration (it is directive, not OMC)
Occupational pensions case study
See for more details, M. Haverland, „When the Welfare State Meets the Regulatory State: EU Occupational Pension Policy‟
2. The Commission: deepening of regulation
Commission Regulation No 2257/94 of 16 September 1994 laying down quality standards for bananas
Minimum requirements: “free from malformation or abnormal curvature of the fingers”.
Classification: (1) 'Extra' class; (2) Class I; (3) Class II.
Sizing: “the minimum length permitted is 14 cm and the minimum grade permitted is 27 mm”.
2. The Commission: deepening of regulation
Commission Regulation No 1677/88 of 15 June 1988 laying down quality standards for cucumbers
“slightly crooked cucumbers may have a maximum height of the arc of 20 mm per 10 cm of length of the cucumber”
3. Better regulation:tackling overregulation by the regulator
2002, Better regulation strategy:
application of better regulation tools at the EU level:
simplification, reduction of administrative burdens, impact assessment;
working more closely with Member States;reinforcing the constructive dialogue.
3. Better regulation:tackling overregulation by the regulator
Commission Regulation No 1221/2008 of 5 December 2008 … laying down implementing rules … in the fruit and vegetable sector as regards market standards
“Now we have finally … put that particularly problem to bed, by getting rid of EU-wide marketing standards for 26 different types of fruit and vegetables – including the totemic cucumber”
Mariann Fischer Boel
“We simply don’t need to regulate this sort of thing at EU level!”
3. Better regulation:tackling overregulation by the regulator
Subsidiarity and proportionality principles
“Yes, Minister”, fragment of “Party games” episode, 17th of December, 1984
3. Better regulation:tackling overregulation by the regulator
THANK YOU FORYOUR ATTENTION