The final step in phase 2 is to classify the type of bottlenecks you have identified. This is an essential step because not all types of bottlenecks are suited for the different existing Better Regulation Agenda input opportunities. Consequently, it is possible that different bottlenecks regarding the same legislative act have different routes towards a better regulation proposal.
There are numerous ways to classify regulatory bottlenecks. Below we present three suggested bottleneck categories and subcategories to classify EU regulatory bottlenecks. These categories are devised with the Better Regulation Agenda in mind. In short, the categories differentiate between issues that are mainly about legal technicality issues and issues that are related to the legal objective of the legislation in question. You are of course free to use other additional categories when classifying your bottlenecks. It is, however, important to note that the other components of the BRIGHT-tool, such as the Quick Scan and the Better Regulation Roadmap, are based on the assumption you use the categories presented below.
█ Legal technicality issues
These type of bottlenecks are primarily about certain aspects of a legislation that hinder the optimal realisation of the legislative purpose. The goals or purpose of the legislation is not perceived as problematic or contributing to the bottleneck. Subcategories of this type are:
Efficiency is about whether the design of the legislation is efficient enough to achieve it’s desired effects without unnecessary administrative burdens. Moreover, a lack of efficiency in legislation can hinder the fulfilment of the legislative purpose.
Effectiveness is about the output of the legislation and whether the desired effects of the legislation are achieved.
Interconnection refers to the (problematic) overlap between two sets of legislation. For example, two legislative acts which maintain two different definitions or procedures in the same policy area. Stakeholders have to comply with both definitions or procedures, thus creating an unnecessary administrative burden.
█ Legal objective issues
These type of bottlenecks are primarily about the legislative purpose of the legislation in question, which is perceived as problematic and contributing to the bottleneck. Subcategories of this type are:
Legal objective/legislative purpose
An issue with the legislative purpose of a piece of legislation refers to a problem with the goal it aims to achieve. So the problem is not the performance of the legislative act but rather with its substantive content.
The issue of a lack of necessary rules or outdated legislation means that an area which could use EU legislation is now unregulated. Another option is that the EU legislation which is now in place is outdated and not fit for purpose. The lack of rules or the presence of outdated rules creates unwanted situations which can be solved at the European level.
█ Legal clarification issues
These type of bottlenecks are primarily about the fact that certain aspects of a legislation are unclear and therefore hinder the optimal realization of the legislative purpose. An amended of the legislation in question would not necessarily solve the perceived bottleneck. Rather, more clarification or explanation via non-legal instruments, such as an EC communication or notice, could potentially solve the perceived bottleneck.
Insufficient legal clarification/lack of interpretation
The issue of a lack of interpretation is not a legal problem but a lack of explanation or guidance. This means that it is not clear for those affected by the legislation how they should comply. More guidelines by the Commission are needed to clarify the legislation.
To do: Classify your bottlenecks