Foreword

The 2022 Better Regulation Practices across the European Union report, the second in the series, analyses current and developing practices for improving the quality of laws and regulations across all 27 EU Member States and the European Union. The report systematically assesses the use of evidence-based tools and stakeholder participation to improve the design and review of both domestic and EU laws and regulations, and identifies current and future trends in regulatory policy. It is based on empirical evidence, research and data, including the OECD 2021 Indicators of Regulatory Policy and Governance and complemented by information collected during a series of interviews with four EU Member States – namely Denmark, Estonia, Germany, and Cyprus. Reflecting practical experiences, discussions and lessons learned from EU Member States and OECD countries, the report offers many examples of how to benefit from sound regulatory policy and effect positive change. It also presents good regulatory practices and highlights areas that should receive further attention and investment.

Chapter 1 explores the EU Member States’ general content of regulatory policies, their institutional settings, their engagement in multiple mechanisms of international regulatory co-operation, and the allocation of regulatory oversight functions within government. Based on the results of the 2021 Indicators of Regulatory Policy and Governance, subsequent chapters provide an overview of the trends in the use of regulatory management tools in all 27 EU Member States and in the European Union, for domestic and EU laws and regulations. Chapter 2 assesses the timing and content of stakeholder engagement practices at various stages of policy development as well as how governments use input received from interested parties. Chapter 3 analyses the European Union and the Member States’ requirements and use of RIA with a focus on the proportionality principle. Chapter 4 discusses the types of ex post evaluations commonly conducted in EU Member States and the general approaches taken to regulatory stock management and to stakeholder engagement when undertaking evaluations. Chapters 2, 3, and 4 also discuss respectively the use of stakeholder engagement, RIA, and ex post evaluation when EU Member States negotiate or adopt regulatory proposals of the European Commission. Chapter 5 provides the country profiles for each EU Member State and the European Union including an overview of regulatory practices, key achievements and areas for improvement.

This report was approved by the OECD Regulatory Policy Committee on 11 April 2022 and prepared for publication by the OECD Secretariat.