The trustworthiness test for regulatory impact assessment and judicial review

Abstract

The motivation for this volume arises out of concerns about the crisis of confidence in legislation and how to address this issue. In this chapter we explore the potential of regulatory impact assessment (RIA) and judicial review in raising confidence in legislation in the EU Member States. This is a complex topic covering two broad procedural policy instruments, thus we will unpack it into manageable analytical steps. We consider RIA and judicial review separately, following a conceptual pathway that goes from impact assessment as procedure applied to the stage of policy formulation to the later stage of the review of law and regulations in courts.