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Bottleneck classifications

 

Below you can find an  elaboration on the different bottleneck classifications used in the BRIGHT methodology


█ Legal technicality issues

Efficiency legislation

The lack of efficiency in legislation is an issue which can hinder the fulfillment of the legislative purpose. In other words, the measures established by the legislation are not efficient in achieving its goal. This can create unnecessary administrative and regulatory burdens and as a consequence, unnecessary work ‘on the ground’.

Effectiveness legislation

This characterization is related to the output of the legislation, which is not creating the desired effects. The measures established by the legislative act do not achieve the purpose set out in the act and this creates unwanted effects ‘on the ground’.

Interconnection

The issue of interconnection refers to the (problematic) overlap between two pieces of legislation. For example, two legislative acts which maintain two different definitions for the same thing. Organizations have to comply with both definitions, thus creating an unnecessary regulatory burden. Another example is the double obligation created by State aid rules and rules concerning the European Structural and Investment Funds. Beneficiaries often have to comply with these two different sets of rules, which disincentives them from applying to the ESI-funds to begin with.

 

graphic interconnection                                                                                                                                        Schematic overview: Interconnection


█ Legal objective issues

Legislative purpose

An issue with the legislative purpose of a piece of legislation refers to a problem with the goal it aims to achieve. The problem thus is not the performance of the legislative act, but rather its substantive content. Naturally, this can relate to a part of a legislative act, the whole legislative act or an entire legislative area.

Lack of necessary rules

The issue of a lack of necessary rules means that an area which could use EU legislation is now unregulated. Another option falling into this category would be EU legislation that is outdated and not fit for purpose. The lack of rules or the presence of outdated rules creates unwanted situations which can be best solved at the European level.


█ Legal clarification issues

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 with its provisions. More guidelines are needed by the Commission in order to clarify the legislation. This should ensure compliance.