From the FT:
The US has proposed that EU regulators be required to publish the proposed texts of regulations and open them to public comment. It also wants regulators to be required to consider comments and explain why they had adopted – or failed to adopt – outside suggestions when they finalise regulations.
US officials argue that there is a growing emphasis on transparency in regulation and greater public consultations are increasingly important.
The proposal is facing some resistance in Brussels. Karel De Gucht, European trade commissioner, said adopting a US-style “consult and comment” regulatory system was “impossible”.
...
Alberto Alemanno, an expert on EU regulation at HEC Paris and the New York University Law School, said the US push for greater consultation would allow consumer and other civil society groups a louder voice as well.
But he said it nonetheless risked giving ammunition to critics, many of whom would see it as a ploy to open the door to more lobbying by US companies in Brussels.
While greater public consultations were required by the EU’s 2009 Lisbon treaty it was not clear whether the publishing of draft regulations would actually be allowed by the EU’s constitution, Mr Alemanno said.
“I am not very optimistic that the Americans can convince the Europeans to do this,” he said.
Alberto makes an interesting point. Is public comment on draft regulations just a way to formalize the lobbying process, by giving special interests (and their lawyers) a way to make their views known to the government? Yes, technically, the process is open to everyone, but presumably well-resourced groups can make better use of it than others.
At the same time, even if this is just formalized lobbying, perhaps that is an improvement over the informal lobbying that already takes places. The big companies already have access to the regulators; this gets things out in the open, and at least gives the little people a chance.
I would love to see some empirical studies of the notice and comment process, although I suspect it is a difficult thing to evaluate.
