Last week, the European Commission published its annual comitology report. It is a dry read, but an important reminder of the reach and volume of EU law – and just how challenging it is to keep up with it all.
Looking closer, there is an interesting inconsistency: EU data sources disagree about the total number of implementing acts adopted in a given year. Apparently, even insiders struggle to capture everything the Commission does (with implementing acts).
Bottom line: Relying on a single EU data source will likely lead to an incomplete view of the EU’s legal activity.
Implementing acts in 2023
Here’s an example of the conflicting numbers of Commission implementing acts adopted in 2023, based on different EU sources:
- 1916 – from the annual comitology report
- 944 – reported by EUR-Lex statistics (excluding Council implementing acts)
- 867 – found on the Register of delegated and implementing acts (the exact figure varies depending on your filter settings; I searched for acts adopted/published within 2023)
Why the discrepancies? As discussed in a previous post on the 2022 data, both EUR-Lex and the Register exclude certain types of implementing acts. This accounts for some – but not all – of the differences. A more worrying theory is that the data on EUR-Lex and the Register is not comprehensive/not always up-to-date.
For those affected by these acts (which is most people and businesses), this inconsistency highlights the importance of actively monitoring the Commission’s day-to-day activities. Relying on a single – some would say: any – database can mean missing out on key measures that impact you.
Public consultations on draft acts
The transparency issue extends beyond data inconsistencies to the public consultation process as well. Here’s the breakdown of draft implementing acts published for public feedback on the Have Your Say website in 2023:
- 73 – referenced in the annual comitology report
- 79 – published on Have your say (including some consultations opened in late 2022 and running into 2023)
Regardless of which numbers you use, only a small fraction of implementing acts are open to consultations. Do not rely on Have your Say/public consultations for transparency or early notice on implementing acts.
To compare these findings with the 2022 data, see here.
If you need further background on what Implementing Acts are, see here.
Fabian Bohnenberger 