European Journal of Law Reform

Article

Private Regulation in EU Better Regulation

Past Performance and Future Promises

Keywords Better Regulation, private regulation, self-regulation, co-regulation, impact assessment
Authors Paul Verbruggen
Author's information

307858 Paul Verbruggen
Tilburg University, The Netherlands, Assistant Professor of Global and Comparative Private Law. I thank the participants to the seminar, the editors of this special issue, and Thomas van Golen for their helpful comments and suggestions. All errors are mine.
  • Abstract

      The promotion of private regulation is frequently part of better regulation programmes. Also the Better Regulation programme of the European Union (EU) initiated in 2002 advocated forms of private regulation as important means to improve EU law-making activities. However, for various reasons the ambition to encourage private regulation as a genuine governance response to policy issues has remained a paper reality. This contribution asks whether and to what extent the 2015 EU Agenda on Better Regulation provides renewed guidance on how private regulation might be integrated in EU law-making processes. To that end, it builds on previous (empirical) research conducted on European private regulation and reviews the principal policy documents constituting the new EU agenda on better regulation. It is argued that while the new agenda addresses a number of the shortcomings of the old programme concerning the conceptualization and practice of private regulation in the EU, it still falls short of providing principled guidance on how private regulation can be combined and integrated in EU law-making.

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