The judicial enforcement of the better regulation requirements in the EU

According to the European Commission’s Better Regulation Guidelines: “Better regulation is […] a way of working to ensure that political decisions are prepared in an open, transparent manner, informed by the best available evidence and backed by the comprehensive involvement of stakeholders.” In other words, better regulation as a process has two essential aspects: a participatory and a rationality aspect.
This paper aims to examine the enforceability of the requirements stemming from the Better Regulation Agenda. Firstly, the study will focus on the identification of legally enforceable standards. Secondly, it will analyze in what way and who can actually enforce these standards in practice by discussing issues related to judicial competence, justiciability and standing. The following two important components of the Better Regulation Agenda will constitute the core of the analysis: impact assessments and public consultations.