Julia Bateman outlines European Commission goals for 2006 and predicts legislation fine-tuned to the needs of users in areas such as company and employment law

The legacy of the 'no' votes in France and the Netherlands on the EU Constitutional Treaty still lingers as the European Commission and member states remain under pressure to make Europe less distant and more relevant to the average citizen. The commission has mounted a huge communications campaign - 'Plan D for democracy, dialogue and debate' - designed to bring Europe closer to the citizen, to explain what is being done at European level and why.


In addition, the commission works from an annual strategy designed to set out broad goals and headline objectives. The headline for 2005-2006 is 'prosperity, solidarity, security and external responsibility'. While this banner may not trip off the tongue, it is an indication that the EU's agenda is ambitious and wide-ranging.


On the back of this strategy, the commission has recently published an operational plan for 2006. This translates political strategy into policy objectives - essentially offering the nuts and bolts to underpin the rhetoric. The work programme also offers the commission the opportunity to demonstrate its commitment to the better-regulation agenda, currently championed by the UK presidency of the EU. The buzz words of this agenda - simplification, consolidation, and modernisation - resound throughout the text.


From just a brief look at the programme, it is clear the commission is serious about improving the quality of legislation and law-making at EU level. This is evident not least in the dramatic drop in the number of legislative proposals being brought forward compared to previous years - the 2006 programme is a far slimmer volume than those that preceded it. It is consistent with recent moves to axe a number of proposals in the pipeline, and withdrawing or amending those that are excessive. The aim is to fine-tune legislation to meet the needs of regulators and users - both business and consumer.


The 2006 programme promises a strong emphasis on pre-legislative impact assessment and post-legislative evaluation, not least to ensure that EU legislation in the pipeline does not unnecessarily add to administrative costs confronting firms. The argument goes that reducing the administrative burden on companies will make them more competitive and thus create jobs - a core EU objective.


This was certainly the message delivered by Charlie McCreevy, the commissioner for the internal market, when he attended a meeting at the Law Society earlier this month to coincide with the launch of the EU better law-making charter presented by the Society's EU committee.


He summarised the better-regulation agenda as the process of assessing whether legislation is necessary and, where it is, ensuring that only high-quality rules are adopted. He emphasised that existing rules must be made more effective, so that they continue to provide an adequate response to the challenges facing both businesses and citizens. He reported that the commission is fully committed not to present legislative proposals unless there is clear evidence that they will contribute to growth and jobs.


Mr McCreevey could not emphasise enough the link between the better-regulation agenda and meeting the EU's goals (known as the Lisbon objectives) of economic growth and more jobs. Concluding on a positive note, he remarked with confidence that 'we are on the right track to improve the quality of the internal market legislative framework'.


It is with this aim in mind that the commission is soon to launch a consultation on the second phase of its company law action plan. This plan of May 2003 identified a number of measures to be taken during 2006-2008. The question now is whether measures set down at the time still correspond to the needs of the markets today.


Other areas identified in the work programme as being up for review include employment law. In a forthcoming Green Paper, announced in the Social Agenda for 2005-2010, the commission will launch a wide debate in Europe on the recent trends in employment law, both at EU and national level, addressing issues such as how to provide a more secure working environment. In the spirit of better regulation, it is hoped that the consultation process might also lead to proposals to modernise and simplify the current rules on EU employment law. It therefore has potentially significant implications for the future of domestic law as we know it.


In addition to initiatives core to the internal market, 2006 will see further action taken in the field of access to justice and cross-border litigation. Building on current proposals to build a European civil litigation regime, the commission is working on a mechanism to improve the recovery of monetary claims in the EU. A Green Paper to be presented by spring 2006 will present an overview of the current legal position in the EU and propose the creation of a European system for the attachment of bank accounts as a means of overcoming current obstacles in cross-border recovery. We will also see a proposal in relation to the recovery of maintenance claims in the family law field.


The work programme itself says that 2006 will be a critical year for turning 'words into deeds' under the Lisbon strategy for growth and jobs. We can only wait and see whether the EU as a whole meets the challenge the commission has set itself to 'unlock Europe's full potential'. This will indeed be a tough task.


Julia Bateman is the justice and home affairs policy executive at the Law Society's Brussels office.

E-mail: brussels@lawsociety.org.uk