Report on invitation of the European Parliament: Checks and balances of soft EU rule-making

This report has been drafted upon the invitation of the European Parliament to perform a study on the provisions, instruments or areas of activity of EU institutions, bodies, offices and agencies, where judicial review is not possible. As the judicial reviewability of EU soft administrative and regulatory rule-making is particularly problematic, this type of rule-making has been put central. This report has revealed the increasing relevance of soft rule-making in the EU, both at the

level of developing new laws and policies in the EU and at the level of EU administration. Moreover, the legal framework regulating the creation of EU soft law is revealed to be highly fragmented, and the authors therefore recommend a clearer and more far-reaching general framework. Furthermore, the authors have pointed out that regulation and administration are heavily intertwined in the process of soft law rule-making. This intertwinedness lead the authors to the recommendation to couple the Union’s ’Better/SmartRegulation Strategy’ with a ‘Better Administration Strategy’. The authors conclude by proposing elements for such a Better Administration Strategy.

The entire report can be read here.