Call for Evidence: EU Better Regulation Framework Consultation 2026

The European Commission has opened a consultation on its Better Regulation framework, which it considers “a core asset of EU policymaking.” The consultation, open for feedback until February 4, 2026, aims to make EU better regulation “more efficient and proportionate” to shape “better, simpler, and more targeted EU laws that deliver for people and businesses.”

However, the consultation comes at a critical moment. Despite the framework already containing tools to ensure European competitiveness, it is not used as often as it could be. The consultation also follows recent criticism from the European Ombudsman, who found that the drafting of a proposal (omnibus I) amounted to maladministration.

The Consultation’s Objectives

The Commission envisages measures to:

1. Strengthen the proportionate application of better regulation, with a focus on achieving results
2. Make the consultation system smarter
3. Ensure that EU laws are clearer, more straightforward, easier to implement and transpose, more enforceable and less burdensome

The consultation is part of the Commission Work Programme, with adoption planned for the second quarter of 2026.

Three Key Trends to Watch

1. Potential Lowering of Quality Standards

The consultation likely means lowering quality standards to partially address recent criticism by the ombudsman. The Commission has already announced it will “simplify” the Better Regulation principles, raising concerns among policy experts that this simplification may come at the cost of thorough impact assessments.

On the positive side, the Commission seems to address the suggestion of defining urgency as it aims to “accelerate pathways” when there is a need. This could ensure fast policymaking in an ever-changing and volatile geopolitical environment, but the balance between speed and quality remains a critical question.

2. A Larger Focus on Proportionality

The consultation emphasizes a larger focus on proportionality. However, it is unlikely to address instances where the most costly element of a proposal was presumed to have no costs. On the contrary, it would likely make the assessment lighter.

It remains unclear how the proportionality debate will differentiate from the existing tool #12, which already requires proportionality in the level of analysis and considering constraints such as time, resources, and data. This raises questions about whether the new approach will genuinely improve policy quality or simply reduce the depth of analysis required.

3. Making Consultations “Smarter”

The consultation approach will be made “smarter,” but knowing the industry, a “once-only” approach for consultation is unlikely to work in practice. Stakeholders might not have time to provide the level of detail with short notice or may not be aware of the consultation in time.

Instead, the focus should be on how to activate SMEs in consultations, as it tends to be difficult to get data from them, which reduces the quality of the SME test. The challenge lies in creating a consultation system that is both efficient and inclusive, ensuring that all relevant stakeholders—especially smaller businesses—can meaningfully participate.

The Controversy: Strengthening or Weakening Standards?

The key question is whether the update of the Better Regulation framework will be an excuse to lower standards or a sincere attempt to improve the basis for policy-making in Europe.

Concerns raised by policy experts include:

• Risk of deregulation: There are fears that “better regulation” could become a tool for deregulation, which is fashionable in current political discourse
• Attack on good regulation: Some experts warn that “better regulation” (good regulation) is being attacked once again
• Quality vs. speed trade-off: The tension between accelerating policy pathways and maintaining thorough impact assessments

On the positive side:

• The Commission has in some instances shown seriousness about impact assessments for upcoming proposals, which is a welcome change from previous years
• The focus on making laws clearer and less burdensome could genuinely improve implementation
• Defining urgency could help prioritize truly important policy initiatives

The Stakes for European Competitiveness

The Better Regulation framework is crucial for European competitiveness. When properly applied, it ensures that EU laws are evidence-based, proportionate, and deliver real benefits for citizens and businesses. However, if the framework is weakened or applied inconsistently, it risks undermining the quality of EU policymaking and the trust citizens place in EU institutions.

The consultation represents an opportunity to strengthen the framework, but it also carries the risk that simplification could become a euphemism for reduced scrutiny and lower standards.

How to Participate

The consultation is open for feedback until February 4, 2026 (midnight Brussels time). Stakeholders can contribute by:

1. Registering or logging in using an existing social media account on the EU consultation platform
2. Reviewing the call for evidence document
3. Providing detailed feedback on the proposed changes

The Commission has emphasized that feedback received will be published on the platform and must adhere to the feedback rules.

Join Our Working Group

We are forming a working group of experts to provide coordinated feedback to this consultation. If you have expertise in EU policy, regulatory frameworks, impact assessment, or better regulation principles, we invite you to join us.

This working group operates within our research collaboration with Die Bürokratiemonster, with whom we partner on our Research on Bureaucracy and Democracy project. Together, we develop evidence-based alternatives to both bureaucratic inefficiency and dangerous deregulation, fostering dialogue between efficiency advocates and regulatory protections.

Our working group goals:

• Focus on outcomes rather than just process: Ensure that any policy achieves its political objectives. Less focus on the impacts of proposals could make it difficult to see if measures will have the desired effect
• Collaborate with other experts to develop comprehensive, evidence-based feedback
• Ensure that the voices of researchers, civil society, and SMEs are heard
• Advocate for impact assessments that demonstrate whether policies will deliver their intended results
• Contribute to shaping EU policymaking standards for years to come
• Work within our dialectical approach to bureaucracy: recognizing the need for smart regulation that maintains essential protective functions while improving efficiency

Conclusion: A Critical Moment for EU Policymaking

The consultation on Better Regulation comes at a pivotal moment for EU policymaking. The framework has the potential to ensure high-quality, evidence-based policy that serves European citizens and businesses. However, the direction of travel suggested by the consultation raises legitimate concerns about whether simplification will strengthen or weaken policy quality.

As stakeholders prepare their responses, the key challenge will be ensuring that any changes to the Better Regulation framework genuinely improve policy quality while maintaining the rigor and transparency that citizens and businesses expect from EU institutions.

The outcome of this consultation will shape how EU laws are developed for years to come. It is essential that the Commission listens carefully to all stakeholders—from civil society to businesses, especially SMEs—to ensure that Better Regulation truly means better, not just faster or lighter.

Sources

• European Commission: Communication on better regulation consultation
• Mathias Kirkegaard’s LinkedIn analysis