07/05/2026
With more than 300 participants, The Good Lobby’s webinar on the European Commission’s new Better Regulation Communication confirmed what many are already sensing: this is not a routine update to the Better Regulation agenda. It is a significant reconfiguration of how EU law is designed, reviewed, and enforced. Bringing together Elizabeth Golberg (former Director of Smart Regulation, European Commission), Claudio Radaelli (European University Institute), Shari Hinds (Transparency International EU), and moderated by Professor Alberto Alemanno, the discussion unpacked what may be the most consequential reform of EU lawmaking since the early 2000s. While perspectives differed on whether the Communication represents a radical rupture or an evolution of existing trends, the panel converged on four key concerns:
1. Greater flexibility may mean greater discretion
A recurring concern was the ambiguity surrounding several of the Communication’s new mechanisms, particularly the category of “targeted initiatives”, which may be subject to lighter procedural requirements. As Elizabeth Golberg noted, the problem is not simplification per se, but the lack of precision around when and how these lighter procedures would apply. Without clear definitions and safeguards, procedural flexibility risks becoming discretionary power. This matters because Better Regulation has always been about creating predictable, evidence-based processes that constrain arbitrary decision-making.
2. Speed cannot replace evidence
The Communication formalises new urgency pathways allowing the Commission to move faster, in some cases with reduced consultation and lighter impact assessments. For Professor Claudio Radaelli, this raises a fundamental question: what kind of urgency justifies bypassing evidence-informed policymaking? As discussed during the webinar, many of the policy areas affected – chemicals, sustainability, food systems, digital governance – are not emergency-response domains. They are precisely the areas where robust evidence and consultation are essential. Better Regulation was designed to slow down intuitive, politically reactive lawmaking and create space for deliberation. Weakening those safeguards risks undermining both legitimacy and quality.
3. Consultation is not a burden – it is democratic infrastructure
Shari Hinds highlighted one of civil society’s central concerns: the Communication appears to reflect a growing institutional tendency to treat consultation as an administrative burden rather than a democratic necessity. Fast-tracked procedures do not only reduce transparency. They also risk narrowing access to policymaking, creating conditions where only the most resourced actors can effectively engage. The discussion highlighted that these concerns are not limited to civil society organisations. Many business actors are also uneasy about reduced predictability and fewer formal participation channels. The shared concern is simple: equal access must remain central to EU lawmaking.
4. Deregulation still requires regulatory discipline
One of the strongest points of convergence across the panel was that simplification and even deregulation are political choices that can be legitimate. But they must still be subject to evidence, scrutiny, and consultation. As Elizabeth Golberg stressed, removing or amending legislation should be governed by the same procedural discipline as creating it. The issue is therefore not whether the EU should simplify. It is whether simplification happens through accountable governance or through procedural shortcuts.
What comes next?
The webinar made clear that the Better Regulation debate is entering a new phase. The omnibus approach appears likely to remain part of the Commission’s legislative toolkit, and the implementation of this Communication will shape EU policymaking for years to come. At The Good Lobby, we will continue tracking these developments through our Deregulation Monitor and supporting civil society actors working to ensure that simplification does not come at the expense of democratic accountability.
The full recording is available on The Good Lobby Hub.