FESE believes that the IIMG has played a very positive role in the process of improving the Lamfalussy procedure since its establishment in 2003. However, FESE notes that the problems observed, as for example an excessive focus on speed and inefficient practices in the consultation processes, were the result of factors extraneous to the design of the Lamfalussy process itself. FESE therefore supports improvements in the process, in particular with the adoption of realistic timetables that take into account the need to prepare and implement high-quality legislation. In fact, consultation is so important to pre-legislative transparency that it can even identify shortcoming in the RIA or supplement its findings. Therefore a thorough consultation in the pre-legislative stage is absolutely essential.
The Federation also states that care should be taken to prevent the principle of impact assessment from leading to more time-consuming legislative processes as a result of controversial issues being re-opened for discussion at every stage. Also standard procedures and principles regarding how a RIA should be conducted should be introduced.
The success of the Lamfalussy process depends directly on the sufficiency of the resources made available to Level 3 and Level 4.
FESE also welcomes the recent revision of the 1999 Council Decision on Comitology. FESE feels that there would be a benefit to continuing this process of balancing the roles of the institutions in the process and could envisage, for example, benefit in modifying the composition of observers within the ESC to allow the Parliament to follow the Level 2 process more closely.
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© Graham Bishop
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