A checklist for answering public consultations

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The European Commission runs many public consultations.  They give you a good chance to make your case in writing.

This weekend I did a random survey of some of the public submissions. Many just missed the point. If you don’t want to miss the opportunity to make a strong case, this is my checklist for preparing submissions to public consultations.

 

Checklist

 

  1. Prepare the evidence you need to support your case in advance.

 

  1. Prepare your submission in advance. The questions that are asked are listed in the Better Regulation Handbook (link,p.75)  Preparing the likely answers helps make sure you are not pushed for time.

 

3.. The key issues to be considered include:

 

  • The problem to be tackled;
  • The issue of subsidiarity: The necessity for EU action (including the EU dimension to the problem) and EU added value resulting from the intervention compared to what could be achieved by Member State action only.
  • The available policy options;
  • When modifying existing interventions, the scope for efficiency improvement (regulatory cost reduction) and simplification measures not affecting the achievement of objectives;
  • The impacts of the policy options.
  • Effectiveness of the intervention;
  • Efficiency of the intervention in relation to resources used (including the existence of unnecessary costs and legal complexities from the point of view of the achievement of the objectives);
  • The relevance of the intervention in relation to the identified needs/problem it aims to address.
  • Coherence of the intervention with other interventions which share common objectives.

 

 

  1. Respond to the public consultation. Don’t sit it out. You need to put your concerns on the record.

 

  1. Bring new insights, views and solutions to the table.

 

  1. Support your case by bringing evidence to the table. The evidence can be real life examples, anecdotes, studies, and data.

 

  1. Avoid bland statements, posturing, and few/no concrete examples.

 

  1. Highlight unintended and second order consequences.

 

  1. Use simple and precise language and avoid jargon.

 

  1. If the public consultation does not raise a question you want to answer, you can. You are not bound to follow the questionnaire blindly and you can upload position papers etc.

 

  1. Bring alternative solutions to the table. This is a fact finding exercise.

 

  1. Put your evidence on the public record. If you ask for the information to be treated confidentially, it is likely to be given less weight.

 

  1. Avoid politics and partisanship from your submission.

 

  1. Be polite in your input.

 

  1. Be sure about your facts. There is no better way to discredit your case.

 

  1. Note the limitations under which the Commission act. If the Commission is dealing with secondary legislation, the Commission’s margin for manoeuvre is limited.

 

 

  1. Ordinary Public Consultations do not replace targeted public consultations.

 

  1. For targeted public consultations, you can ask to meet with the lead Commission. Department. This is useful when there is a lot of technical and complex information.