Issues in Law Making - Briefing Paper 7: European Union Legislation: The Regulatory Environment (Oct 2005)

Alex Brazier

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Seventh in our Issues in Law Making series of briefing papers reviewing elements of the legislative process. This paper explores the nature of regulations originating in the EU, and their impact on British law and policy. The paper also considers recent developments and refers to the priorities of the UK Presidency which began on 1 July 2005. It is produced with the generous support of the Regulatory Group at the international legal services organisation DLA Piper Rudnick Gray Cary

The Hansard Society is continuing its series of Briefing Papers on the UK legislative process by looking at legislation emanating from the European Union (EU). The Cabinet Office estimates that around 50 per cent of all ‘significant' legislation enacted in the UK every year originates in Brussels. However despite the significant impact that the EU has on our lives - from food labeling to the content of animal feed and the content of advertisements - few people understand the EU decision making process and how it impacts on Westminster.

There is also a widespread perception that the EU itself is remote, complex and bureaucratic. But as the Hansard Society reported in its 1992 report, Making The Law, ‘We can not afford to treat national law - nor national legislative process - in isolation from EC law.'

Issues in Law Making - Briefing Paper 7: European Union Legislation: The Regulatory Environment, the first of two papers which considers European legislative issues, explores the nature of regulations originating in Brussels, and considers issues such as ‘gold plating‘, the process by which the UK Government is said to add complexity to EU legislation during its incorporation into British law. The paper also looks at initiatives to simplify the regulatory environment. The European Commission stated earlier this year that the EU's member states ‘need to further develop their approach to regulation to ensure that the defence of public interests is achieved in a way that supports and does not hinder the development of economic activity.' Regulatory reform has been highlighted as a key policy priority during the UK's presidency of the EU, which started on 1 July 2005. The paper concludes with a look to the future of Europe's regulatory framework, exploring changes that the UK may wish to effect.