Beyond "Simplification": The Politics of Regulatory Backsliding in the European Union

One of the hallmarks of the second Von der Leyen Commission has been a strategy of "simplification": proposing to remove large numbers of regulatory provisions contained in existing, and in some cases only recently-adopted, pieces of EU legislation through a series of omnibus packages. In addition, there have also been repeated postponements of the entry into force of already adopted legislation, removal of previously announced legislative initiatives from the Commission's work programme, and the Commission's decision not to make use of delegated powers that had previously been granted to it. The sum total of these various steps amounts to a far-reaching programme of socio-economic de-regulation that not only promises/threatens to undo significant parts of recent legislative achievements, but also raises the spectre of a fundamental shift in the EU's internal and external ambitions. The paper conceptualises this process as 'regulatory backsliding' and proceeds to interrogate three critical aspects in this regard: first, the paper explores the driving forces behind this process, distinguishing between party politics, market dynamics and geopolitical context as key factors explaining this shift. Second, the paper interrogates the different discursive, legislative and administrative mechanisms which facilitate regulatory backsliding. And, third, the paper discusses the impact of regulatory backsliding, examining the normative, institutional and strategic implications of this process. A special focus here is on the manner in which regulatory backsliding impacts on the EU's institutional balance, leading to a concentration of decision-making power in the hands of the institutional leadership of both Commission and Parliament, alongside a relative strengthening of the role of member state executives. More broadly, regulatory backsliding implies a weakening of the authority of the EU vis-a-vis market operators, national governments and third countries - with fewer and less sharper instruments in its toolbox, the Union is limiting its capacity to influence developments in its political and economic environment, a development that can be viewed critically in the context of rising demands for EU action arising both from internal challenges (the rise of populism and illiberal attitudes) and from external threats (the growing contestation between the EU and itsgeopolitical rivals). In sum, this paper aims to define and map out the concept of regulatory backsliding, to illustrate empirically how this process has been unfolding, and to reflect on the normative and practical consequences of this process.