Alberto Alemanno and 50+ Scholars Warn Against Emergency Lawmaking in EU Better Regulation

Alberto Alemanno led a group of over 50 European scholars. They submitted a formal response to the European Commission’s Call for Evidence on Better Regulation. This review will dramatically reshape how EU legislation is prepared.

The Warning

The scholars issue a clear warning. The Commission’s “simplification” push risks normalizing “emergency” lawmaking. This bypasses consultation requirements. It bypasses evidence requirements. This undermines EU Treaty-based safeguards.

These safeguards protect participatory democracy. They protect transparency. They protect proportionality. They protect fundamental rights. They protect the rule of law.

As the scholars put it: “This isn’t regulatory simplification … [it is] a calculated attempt to institutionalise deregulation through the back door.”

The Problem

Emergency lawmaking is becoming normalized. Consultation is being bypassed. Evidence requirements are being bypassed. This weakens democratic safeguards. It undermines the rule of law.

The Commission’s review will reshape EU legislation preparation. This makes the current consultation critical. The direction chosen now will affect EU lawmaking for years to come.

The Fix

The scholars also offer a solution. Urgency and evidence-based policymaking are compatible. But only if the rules are clear.

Their submission proposes codifying Better Regulation safeguards. It proposes setting legally binding criteria. These criteria would define when the Commission may exceptionally dispense with consultation. They would define when impact assessments may be skipped. They would define when omnibus packages may be used.

Why This Matters

Clear rules protect democracy. They protect transparency. They protect evidence-based policy-making. They ensure that urgency is justified. They ensure that exceptions are rare and well-defined.

Without clear rules, emergency lawmaking becomes routine. Consultation becomes optional. Evidence becomes secondary. This weakens EU institutions. It undermines trust.

Alignment with Our Research

Our working paper on “Simplicity by design” aligns with these concerns. We argue that urgency must be narrowly defined. It must be evidence-based. It must be externally verifiable. It must be subject to mandatory post-evaluation.

We also argue for balanced consultation. Civil society and science must be included alongside industry. Under-represented groups must be included by design.

These recommendations complement the scholars’ call for codified safeguards. They support legally binding criteria for exceptions. They emphasize the need for evidence-based policy-making even under urgency.

Access the Research

The scholars’ formal response is available on SSRN:

Alberto Alemanno and 50+ European Scholars - SSRN Paper

This research provides critical insights into Better Regulation processes. It warns against normalizing emergency lawmaking. It proposes concrete safeguards to protect democratic participation and evidence integrity.

Achieving “Simplicity by design” in EU Better Regulation - Our working paper referencing Alemanno’s research
EU Better Regulation Framework Consultation 2026 - The current consultation process
Research on Bureaucracy and Democracy - Our broader research project

Looking Forward

The warning from 50+ European scholars is clear. The Commission’s “simplification” push must not become a back door for deregulation. Emergency lawmaking must not become routine. Consultation and evidence requirements must be protected.

The scholars’ proposal offers a path forward. Codify Better Regulation safeguards. Set legally binding criteria. Make exceptions rare and well-defined. This protects democracy. It protects the rule of law. It ensures that urgency and evidence-based policymaking remain compatible.

These insights are essential for the Better Regulation framework. They help ensure that simplification strengthens rather than weakens policy quality. They help protect democratic participation and evidence integrity.

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