Universiteit Antwerpen

Legal Implications of Better Regulation, Feb 26, 2010

Date and location

Friday 26 February 2010

Grauwzusters Building
Room ‘Promotiezaal’
Lange Sint-Annastraat 7


Patricia Popelier, Professor of Public Law ( patricia.popelier@uantwerpen.be )
Anne Meuwese, Marie Curie Post-Doctoral Fellow ( anne.meuwese@uantwerpen.be )

University of Antwerp
Faculty of Law
Centre for Law and Cosmopolitan Values


This workshop is being organised in cooperation with the European Academy for Law and Legislation (www.eall.eu). The EALL – a training and expertise centre based in The Hague – aims to create a community of legislative professionals with a common frame of reference.


Participation in the workshop is free of charge, but places are limited and advance registration is compulsory. If you would like to attend, please contact Anne Meuwese by e-mail (anne.meuwese@uantwerpen.be ). She will let you know whether there are still places available.


The aim of this workshop is to assess the impact of Better Regulation (BR) in legal terms – nearly a decade after this enhanced type of horizontal regulatory policy was first introduced in Europe. Since the recommendations by the Mandelkern Group on Better Regulation in 2001 we have seen a wealth of initiatives, ranging from impact assessment to enhanced consultation and strategies narrowly focusing on administrative burden alleviation. Some measures have been taken at the EU level, others at the national level, with a lot of informal coordination back and forth. Better Regulation tools come and go – as testified for instance by the abandoned British plan for regulatory budgets – but the question which elements have an impact on the practice of the creation and application of law remains unanswered. In particular, possibly due to the perceived ‘technical’ or ‘economic’ nature of the topic, the legal implications of the Better Regulation policy are underexplored.
Yet it is becoming increasingly clear that bureaucratic devices such as assessments and informal agreements are revealing of the way in which public power is being exercised and controlled. Perhaps Better Regulation, despite its ‘soft law’ character, is even impacting on institutional relations. Crucial for the link with the legal environment is the extent to which Better Regulation is shaping the (legitimate) expectations that citizens hold towards public authorities.
Some BR issues of legal relevance have been explored in pioneering publications. To name just a few: the link between impact assessment and fundamental rights assessment, the opportunities Better Regulation offers for strengthening principles like transparency, and the potential role for the Court of Justice in regulatory oversight. In order to get an updated grip on these and other fundamental legal and institutional questions surrounding Better Regulation we propose to gather scholars who have carried out relevant research either from a public administration perspective or from the angle of (European) law. Together we will seek answers to the questions of which norms for processes of lawmaking have taken root and what institutional shifts have been brought about. We will discuss (draft) papers grouped around the following themes:

• Better Regulation: Law & Politics as usual?
• New standards for lawmaking?
• New forums for constitutional values?
• New dynamics for judicial review?




Friday 26 February 2010

9h00 – 9h30 Registration

9h30 – 10h30 Session I
Better Regulation: Law & Politics as usual?

Prof. Jan Velaers – University of Antwerp

Papers (2x20 mins):
Prof. Patricia Popelier – University of Antwerp
Prof. Claudio Radaelli – University of Exeter

Discussant (10 mins):
Dr. Marianne Klingbeil (t.b.c.) – European Commission’

Discussion (10 mins)

10h30 – 11h00 Coffee break

11h00 – 12h30 Session II
New tests for lawmaking?

Prof. George Pavlakos – University of Antwerp

Papers (3x20 mins):
Prof. Robert Baldwin – London School of Economics
Prof. Rob van Gestel - Tilburg University
Dr. Anne Meuwese – University of Antwerp

Discussant (15 mins):
Dr. Alexia Herwig – University of Antwerp

Discussion (15 mins)

12h30 – 13h30 Lunch
13h30 – 15h00 Session III
New forums for constitutional values?

Dr. Gerhard van der Schyff – Tilburg University

Papers (3x20 mins):

Dr. Helen Xanthaki – Institute of Advanced Legal Studies
Prof. Colin Scott – University College Dublin
Prof. Stijn Smismans – University of Cardiff

Discussant (15 mins)
Prof. Willem Witteveen – Tilburg University’

Discussion (15 mins)

15h00 – 15h30 Coffee break
15h30 – 17h00 Session IV
New dynamics for judicial review?

Prof. Anne-Marie Van Den Bossche – University of Antwerp

Papers (2x20 mins):
Dr. Alberto Alemanno – HEC Paris
Prof. Wim Voermans – Leiden University

Discussants (35 mins):
Prof. Christiaan Timmermans – Court of Justice of the European Communities
David Keyaerts – University of Antwerp

Discussion (15 mins)

17h00 – 17h30 Conclusions and next steps Dr. Anne Meuwese
Prof. Patricia Popelier
17h30 – 18h30 Reception