European Monographs - 61: Impact Assessment in EU Lawmaking

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Recent constitutional thinking has focused on the significant influence of 'soft' norms in legislation. This work highlights the European Union's impact assessment (IA) regime as a key source of these norms. In 2002, the European Commission, followed by the European Parliament and the Council of Ministers, committed to rigorously assessing the economic, social, and environmental impacts of policy options prior to adopting legislative proposals. Through a 'constitutional lens,' Anne Meuwese examines the intricacies and framework of IA in EU lawmaking, revealing its strengths, contradictions, and its capacity to enhance legislative debates. Integrating insights from political science, economics, and legal scholarship, Dr. Meuwese explores the potential of impact assessment to act as a catalyst for legal principles, influencing both procedural and substantive norms in the EU legislative process. She discusses the 'constitutional tasks' of IA concerning European proposals, particularly regarding subsidiarity, proportionality, and the precautionary principle. Additionally, she investigates the formal and informal expansion of IA beyond the co-decision procedure and whether it informs legislators or restricts their discretion. Dr. Meuwese develops models for IA usage, analyzes its implementation across EU institutions, and presents empirical research findings from surveys and case studies of four legislative dossiers.