The 28th regime – less lawmaking

Key points:

Taking into consideration the opinions voiced during the 6 January public hearing, the EESC advocates designing an optional regime which offers advantages in terms of "Better Lawmaking" and of a simplified, understandable and user-friendly regulatory environment.

This optional regime would be seen as a "2nd Regime" in each Member State, thus providing parties with an option between two regimes of domestic contract law. It would be defined at EU level and enacted by EU regulations, and would facilitate interaction between parties in the drafting process in order to ensure a high level of protection.

The issue of the legal basis for this lawmaking mechanism remains open, given that it may depend on the field of application.

The EESC is convinced that discussion should be pursued in greater depth at different levels, mainly in the framework of the "Better Regulation" exercise, with a view to contributing to the completion of the Single Market.

The EESC asks the Commission to pursue the study of this subject at theoretical and practical level, in order to define the conditions for its feasibility and usefulness, particularly since the 28th Regime is advocated both by Commissioner Reding and by the Monti report.

It also recommends that in their ex ante Impact Assessments either the Commission or the EP consider the "option" of adopting a 28th Regime for each new legislative initiative.