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A Simpler, Clearer and Better Enforced EU Rulebook: What the European Commission Is Proposing

A Simpler, Clearer And Better Enforced Eu Rulebook What The European Commission Is Proposing

On 28 April 2026, the European Commission adopted a Communication titled “A Simpler, Clearer and Better Enforced EU Rulebook” (COM(2026) 380 final). The document sets out a renewed approach to how EU legislation is designed, applied, and enforced, and is presented by the Commission as one of the most significant reforms of its “Better Regulation” agenda since that agenda was first launched in 2002. This article walks through what the Communication contains, the reasoning behind it, and how it has been received so far.

The Context: Why Now

The Commission situates the initiative within a broader competitiveness push that has been building since 2025. It follows an earlier Communication, “A Simpler and Faster Europe,” and builds on commitments made in President Ursula von der Leyen’s Political Guidelines for 2024-2029 and at a Leaders’ Retreat held on 12 February 2026. Over the preceding year, the Commission had already advanced ten “omnibus” simplification packages, which it estimates will generate at least €15 billion in recurring cost savings for businesses and administrations once adopted by the European Parliament and the Council.

The Commission frames the new Communication as the next stage of that effort: rather than simplifying isolated pieces of legislation one at a time, it proposes structural changes to how EU law is drafted from the outset, how existing law is reviewed, and how enforcement is carried out once law is in force. More than half of the legislative initiatives in the Commission’s 2026 work programme are described as contributing to this goal of lighter, clearer, more implementable EU law, and roughly 30% of planned delegated and implementing acts for 2026 have reportedly been deprioritised as part of the same effort. The Commission’s own justification rests on the idea that fragmented, late, or inconsistent implementation of EU law across Member States weakens the single market and undermines the Union’s overall resilience, and that the quality and enforceability of EU rules also affects the EU’s ability to project its regulatory standards internationally.

Five Pillars of the Reform

The Communication organises its proposals into five interlinked work streams.

Simplicity by design: The Commission wants every new legislative proposal to make clear, from the outset, what it is trying to achieve, who is responsible for doing what and by when, how new obligations interact with existing rules, how compliance is to be demonstrated, and what the consequences of non-compliance are. To operationalise this principle, the Communication commits to a fairly detailed set of drafting practices:

  • Tighter regulatory discipline, through stricter application of subsidiarity and proportionality, and more careful use of delegated and implementing act powers.
  • “Future-proofing” of legislation, including wider and more standardised use of sunset, monitoring, and evaluation clauses.
  • More accessible legislative texts, via improved EUR-Lex summaries, faster publication of consolidated versions, machine-readable law, more focused recitals, and greater reliance on codification and recast techniques rather than repeated piecemeal amendment.
  • More realistic implementation timelines, applying a “think small first” approach for smaller economic operators, along with grandfathering clauses and phased introduction of major new obligations where appropriate.
  • Digital drafting tools, including an electronic drafting tool (EdiT) and a new “acquis management” tool, supported by a network of legal-quality correspondents across Commission departments and mandatory training for legal drafters.
  • “Enforcement by design” building monitoring and enforcement mechanisms into legislation at the drafting stage rather than adding them retroactively, including prior-notification systems paired with binding compatibility assessments.

A strengthened Better Regulation framework: The Commission describes its existing Better Regulation system, which it notes has been recognised by the OECD as among the most advanced in the world, as due for further refinement rather than a wholesale overhaul. Under the proposed changes, a broader set of legislative initiatives would be screened using a “matrix of key impacts” identified early in the process, and more targeted proposals would be reviewed by the Regulatory Scrutiny Board.

The Commission also addresses a long-standing criticism that urgent legislative procedures can bypass proper evidence-gathering. Under the new approach, an impact assessment would still be prepared under accelerated procedures wherever feasible, and in exceptional cases where this isn’t possible, an analytical staff working document would have to be published within three months of adoption. Public consultations are also meant to become more efficient, avoiding overlapping consultations, excluding holiday periods from response-time counts, and automatically notifying respondents when consultation summaries are published. Separately, the Commission proposes developing, together with the European Parliament and the Council, a shared methodology so that both co-legislators assess the impact of their own substantial amendments during the legislative process, extending a discipline that has so far applied mainly to the Commission itself.

Regulatory “deep cleaning”: The centrepiece of the Communication is an Action Plan for Regulatory Deep Cleaning (set out in Annex 1), which identifies twelve priority policy areas to be reviewed as a matter of priority during 2026 and 2027:

  • Free movement of goods and services – including a new European Product Act and, notably for public-sector procurement professionals, a new Public Procurement Act.
  • Financial services and banking – including a Banking Competitiveness Report, a State Aid Banking Communication, and streamlining of the Shareholder Rights Directive and sustainable-finance Taxonomy criteria.
  • Customs Union – consolidating non-preferential rules of origin and revising the Autonomous Tariff Suspensions and Quotas Scheme.
  • Taxation – a taxation omnibus reworking six direct-taxation directives and a recast of the directives on administrative cooperation (DAC).
  • Health and food safety – a review of food-safety rules, digital simplification of e-submission processes in the food chain, and a possible revision of the biocidal products framework.
  • Agriculture – consolidating geographical indications, simplifying promotion policy, and repealing obsolete acts.
  • Transport – covering all transport modes, including simplification of certain RefuelEU Aviation obligations and a revision of the EU Agency for Railways.
  • Energy – revising the energy governance regulation and the energy security framework, with reduced reporting obligations for Member States.
  • Climate – revising the EU Emissions Trading System around a “monitoring-and-reporting-only-once” principle, a possible merger of the LULUCF and Effort Sharing Regulations, a review of heavy-duty vehicle CO₂ standards, and a more coherent definition of carbon intensity across supply chains.
  • Environment – a new Circular Economy Act and a revision of the Marine Strategy Framework Directive, linked to a forthcoming Ocean Act.
  • Digital – building on an earlier Digital Fitness Check, including revision of the Audiovisual Media Services Directive, alignment of cybersecurity rules, and harmonisation of e-invoicing standards.
  • Housing and permitting – a Housing simplification package expected in 2027 and a more coherent cross-sectoral approach to environmental permitting.

For professionals working in public procurement specifically, the inclusion of a forthcoming Public Procurement Act under the first priority area is one of the more consequential signals in the Communication, suggesting that a substantial reform of the EU’s procurement rulebook is now formally on the Commission’s agenda for 2026-2027, rather than a longer-term ambition.

The scale of what is at stake is also important as the EU economy is measured in the tens of trillions of dollars, while the EU’s annual budget is around €190 billion. Public procurement sits on a much larger economic pipeline: public authorities spend around 15% of EU GDP on procurement each year. The Commission’s evaluation of the current procurement framework puts the average annual value of procurement covered by EU rules at approximately €616 billion. In other words, the rules being reviewed govern economic activity on a scale several times larger than the EU’s own annual budget. This helps explain why the Commission’s focus on simplification matters beyond the regulatory text itself. While the Commission is concentrating on cleaning up and rewiring the rulebook, the underlying pipeline of public spending remains enormous. The broader European economy continues to face relatively modest growth and significant competitiveness pressures, but public procurement remains one of the Union’s largest economic levers. Changes to the framework therefore have the potential to affect competition, market access, investment, innovation and resilience across the Single Market.

To support this review process, the Commission is establishing a new advisory body, the Simplification Platform, bringing together national, regional, and local authorities, the Committee of the Regions, the European Economic and Social Committee, social partners, businesses, and civil-society organisations.

Tackling regulatory “gold-plating”: “Gold-plating” refers to the practice of Member States adding stricter or more extensive obligations than EU law actually requires when transposing directives into national law. The Commission identifies this as a persistent barrier to a fully functioning single market and commits to developing a toolkit of best practices and transposition guidance to help national authorities identify and avoid it at an early stage. It plans to use the European Semester process and the Single Market Enforcement Taskforce to flag the most significant cases of gold-plating on a country-by-country basis, building on conclusions reached at the European Council meeting of 19 March 2026.

Faster, more robust enforcement: The Commission treats enforcement as the essential backstop to any simplification effort, rules that are simpler but poorly enforced would not achieve the Communication’s stated goals. Two enforcement tracks are set out.

Eleven single market focus areas are listed in Annex 2, where the Commission commits to proactively investigating compliance across all Member States and launching infringement procedures swiftly where needed. These span product labelling (notably textiles and waste sorting), circular-economy and packaging recycling targets, consumer empowerment in electricity markets (demand response, smart meters), correct transposition of the Posting of Workers Enforcement Directive, green-transition-related construction and installation services, interoperable railway systems, multimodal travel information, late payment in commercial transactions (particularly by public authorities toward SMEs), digitalisation of company law and cross-border company mobility, bank consolidation, and savings-and-investment products.

On general enforcement, the Commission commits to issuing reasoned opinions within six months of a formal notice letter in cases of missing or partial transposition, taking a stricter line on Member States’ requests to extend implementation deadlines, piloting dedicated AI tools from 2026 to help check national transposition measures and flag possible gold-plating (with the Commission stipulating that safeguards will apply and that no decisions will be automated), reducing the backlog of long-standing infringement cases, particularly those open for more than five years without referral to the Court of Justice, by the end of the current mandate, and proposing more dissuasive financial penalties to the Court of Justice in relevant cases.

What Commission Leadership Has Said

President von der Leyen presented the Communication as central to the EU’s competitiveness agenda, arguing that European citizens and businesses need legislation that is clear and coherent, and that simplification has to go hand in hand with stronger enforcement and a clean-up of the existing body of EU law. Commissioner for Economy and Productivity, Implementation and Simplification Valdis Dombrovskis framed the reform as a way of raising the overall quality of EU lawmaking, saying outdated, excessive, or overlapping rules need to be identified and corrected while new proposals should be focused, implementable, and enforceable, and called on the European Parliament and the Council to share in that effort.

How It Has Been Received

Reactions from outside the Commission have been mixed, reflecting the different constituencies affected by the reform. Business associations have broadly welcomed the direction of travel while pressing for firmer commitments. Eurochambres, the association of European chambers of commerce, described the Communication as arriving at a moment of genuine political momentum for regulatory reform, pointing to the influence of the Draghi report on EU competitiveness and the Commission’s parallel burden-reduction targets, and said the “simplicity by design” strand in particular represents a meaningful shift because it targets problems at the drafting stage rather than only cleaning up after the fact. At the same time, the association cautioned that the real test will be how consistently these commitments are implemented in practice, rather than the ambition of the text itself. Civil-society and environmental groups have been more critical.

The European Environmental Bureau warned that some of the procedural changes to how impact assessments and consultations are handled risk favouring political expediency over evidence-based, democratically scrutinised lawmaking, even while acknowledging that some enforcement and streamlining measures are welcome in principle. Academic commentary has also flagged the scale of the shift: one analysis published shortly after adoption described the Communication as extending the Better Regulation agenda for the first time beyond the design of new legislation into the review and enforcement of existing law, calling it a structurally significant departure from earlier reforms that focused mainly on tightening the evidence base for new proposals.

What the Communication Does Not Yet Settle

It’s worth being clear about what remains open. The Communication is a policy roadmap rather than binding legislation: the specific legislative texts referenced throughout, the Public Procurement Act, the European Product Act, the Circular Economy Act, the taxation omnibus, and others, will each need to go through the ordinary EU legislative process, including negotiation with the European Parliament and the Council, before they take effect. The Communication does not fix a detailed timetable for most of these individual files beyond the general 2026-2027 window for the deep-cleaning review, nor does it specify budget lines or legally binding targets. How the enforcement commitments, particularly the piloted AI compliance tools, are implemented in practice will also depend on further technical and legal work not detailed in the Communication itself.

The scale of the potential change should therefore be kept in perspective. The Commission is focusing on simplifying the rules, but the economic pipeline governed by those rules remains enormous. With public procurement representing around 15% of EU GDP and EU procurement rules applying to hundreds of billions of euros of annual expenditure, this is not simply a matter of tidying up legislation. If the proposed reforms ultimately reshape how public procurement is regulated, the effect could extend across a substantial part of the European economy.

Background Reading and Additional Sources:

European Commission, “A Simpler, Clearer and Better Enforced EU Rulebook” (summary page): https://commission.europa.eu/law/law-making-process/better-regulation/simplification-implementation-and-enforcement/simpler-clearer-and-better-enforced-eu-rulebook_en 

European Commission, Communication COM(2026) 380 final (full text via EUR-Lex): https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX%3A52026DC0380 

European Commission press release IP/26/901: https://ec.europa.eu/commission/presscorner/detail/en/ip_26_901 

European Economic and Social Committee, opinion overview: https://www.eesc.europa.eu/en/our-work/opinions-information-reports/opinions/communication-simpler-clearer-and-better-enforced-eu-rulebook 

Eurochambres, “A Simpler, Clearer and Better Enforced EU Rulebook – but prove it”: https://www.eurochambres.eu/publication/a-simpler-clearer-and-better-enforced-eu-rulebook-but-prove-it/ 

European Environmental Bureau, “The Commission wants Better Regulation, but for whom?”: https://eeb.org/en/the-commission-wants-better-regulation-but-for-whom/ 

Verfassungsblog, “Deregulating Better Regulation: The Constitutional Stakes of the Commission’s 2026 Reform”: https://verfassungsblog.de/deregulating-better-regulation/ 

Sustain-AI-Reg (Jean Monnet Centre of Excellence), “EU Commission Unveils Plan for a Simpler, Clearer and Better Enforced Rulebook”: https://www.sustainaireg.eu/post/eu-commission-unveils-plan-for-a-simpler-clearer-and-better-enforced-rulebook

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