The “one in, one out” Approach in the New Communication on the Better Regulation (Abstract)

On 29 April, the European Commission adopted the Communication ―Better regulation: Joining forces to make better laws‖ COM(2021) 219 final, with the aim of further improving the legislative process of the European Union. In fact, to foster the recovery process in Europe, it is more than ever necessary to legislate in the most effective way possible, also working to make the laws of the European Union better adapted to tomorrow‘s needs. This Communication reiterates the importance of cooperation among the EU institutions, with Member States and stakeholders, including social partners, businesses and civil society, and proposes the following actions: a) Simplifying public consultations by introducing a single ―Call for Evidence‖. b) Mainstreaming the United Nations Sustainable Development Goals, to ensure that legislative proposals contribute to the 2030 agenda for sustainable development. c) Improving the way in which better regulation addresses and supports sustainability and digital transformation. d) Integrate strategic foresight into the policy making process, to make them fit for the future. e) Removing obstacles and red tape that slow down investments and building of 21st century infrastructure, working with Member States, regions and key stakeholders. f) Introducing a ―one in, one out‖ approach to ensure that any newly introduced burdens are offset by removing equivalent burdens in the same policy area. This paper - after a reflection on the attention paid by the European Union to the issues of better regulation - aims to reflect on the principle of ―one in, one out‖. Although the Commission specifies that this principle will not be applied mechanically and that exceptions will be allowed, it nevertheless seems to emphasize the idea that legislation is an obstacle to economic development rather than a guarantee for citizens‘ rights. Furthermore, the principle of ―one in, one out‖ may conflict with another principle: that of ―do no significant harm‖ which requires evaluating the effects on the environment of any action that the European Union intends to undertake.