EU Scream – Ep.121: Ungoverning the EU

Date: October 31, 2025
Host: James Kanter
Guest: Prof. Alberto Alemanno (Law Professor at HEC Paris, Founder of The Good Lobby)
Theme: How deregulation and “simplification” threaten the EU’s regulatory power and administrative legitimacy

Overview

In this episode, James Kanter explores the EU’s pivot from being a global regulatory powerhouse to a union in the throes of sweeping deregulation, guided by the rhetoric of “simplification.” With guest Alberto Alemanno, the conversation unpacks how this trend—driven by political pressure from conservatives, the far right, and external actors like the US—is eroding the EU’s capacity to govern itself. The two contrast the EU’s approach with the more aggressive “ungoverning” seen in the United States, discuss the rise of omnibus deregulation laws, declining enforcement, and a broader legitimacy crisis as member-state governments seize the initiative from the European Commission.

Key Discussion Points and Insights

1. The Deregulation Drive: “Simplification” as a Euphemism

[00:19-08:59]

• The Brussels buzzword “simplification” stands for a broader campaign to cut regulations.
• This marks a dramatic shift from the EU’s decades-long identity as a regulatory superpower: e.g., GDPR, climate policy, universal charger rules, etc.
• The deregulation agenda accelerated after the Draghi report, which fingered “red tape” as a cause of poor EU economic performance, finding favor among conservative and far-right leaders.
• Ursula von der Leyen has used “simplification” both to fend off right-wing rivals domestically and to appease US tech giants and political leaders, notably Donald Trump.

James Kanter [03:23]: “Deregulation is having a moment... in Europe, it’s less belligerent, but there are significant parallels.”

2. Transatlantic Parallels: Importing the Ungoverning Tendency

[04:56-06:50]

• Alamanno warns against EU complacency: trends of democratic erosion seen in the US are also surfacing in Europe.
• Deregulation as a political cure-all is not new but has been dramatically mainstreamed after Draghi’s endorsement.

Alberto Alemanno [04:56]: “Europeans tend to look down at Trump’s America as if what is happening there... would be an inherently American phenomenon. But this largely misses the point… much of what is unfolding in the US is also penetrating the EU.”

3. Evidence (or Lack Thereof) Behind Deregulation

[09:29-10:38]

• The actual linkage between EU regulatory frameworks and competitiveness is thin.
• OECD data and national case studies show high public health/environmental standards are compatible with, or even supportive of, growth.

Alberto Alemanno [09:29]: “There’s very little evidence suggesting that the EU competitiveness problem is due to its regulatory environment. Even the Draghi Report is not able to pinpoint any study...”

4. Omnibus Deregulation: A Procedural Revolution

[11:44-23:08]

• The EU is now packaging multiple deregulatory measures into “omnibus” bills, bypassing normal legislative scrutiny and public consultation.
• This approach, rarely used historically, is compared to the ancient Roman prohibition on “saturated law” (lex satura).
• Omnibus bills weaken or delay key regulations: environmental due diligence, labor and supply-chain scrutiny, chemicals restrictions, and even AI rules.
• This method injects unpredictability for business and society, undermining both trust and long-term planning.

Alberto Alemanno [13:02]: “You are turbocharging the simplification or the deregulation of these frameworks by putting them through an expedited procedure...”

Alberto Alemanno [16:03]: “The omnibus is the perfect recipe for injecting unpredictability that might rather slow down the economy instead of accelerating it.”

5. Pandering to the Far Right and Eroding Evidence-Based Lawmaking

[23:08-26:25]

• Conservatives have rationalized deregulation as a way to co-opt or outflank far-right parties, especially regarding environmental regulations like the Green Claims Directive.
• This strategy is double-edged: it empowers extremists and damages the legitimacy of policymaking.
• Civil society and experts are increasingly sidelined, while business interests dominate tightly-controlled “stakeholder consultations.”

James Kanter [23:08]: “Doesn’t pandering to the far right’s agenda simply hand the far right more influence?”

Alberto Alemanno [24:38]: “People are no longer falling in love with a narrative that says, ‘we are going to deliver for you,’ in particular, when there’s not very convincing evidence...”

6. Growing Non-Enforcement: The EU’s Weakening Rule of Law

[26:25-29:49]

• There is a sharp decline in infringement actions—cases where the Commission holds member states accountable for breaking EU law.
• This leniency emboldens governments to ignore EU values and standards, undermining deterrence and the bloc’s credibility.

Alberto Alemanno [27:29]: “A member state today is no longer deterred from not complying as it used to be, because they know... this won’t per se lead to an action.”

James Kanter [29:23]: “…It’s almost like the EU as a brand counts more than the EU as a quality product.”

7. External Pressure from the US and Security Dependence

[31:25-35:38]

• The US repeatedly leverages security guarantees and market access to pressure the EU into relaxing rules unfavorable to American corporations.
• There is a perceived need to “make Europe respected” by defending regulatory autonomy and ending political paralysis regarding security without the US.
• Leaders are “paralyzed” by the specter of American disengagement and have been reluctant to use strong trade tools against coercion.

Alberto Alemanno [32:52]: “We should stop thinking about America as a privileged ally because… debt is no longer an ally... unless we use those tools, we will never be able to actually cut this kind of dependence.”

8. Shift from Supranational to Intergovernmental: Who Governs the EU?

[37:53-45:55]

• Decision-making authority is migrating from the European Commission—meant to represent the common European interest—towards member-state governments in the Council.
• Recent allegations that a Hungarian Commissioner (Oliver Varhely) was involved in unauthorized intelligence gathering underscore how national interests now undermine the Commission’s independence.
• This, coupled with permanent representations overreaching their roles, risks completely hijacking supranational governance.

Alberto Alemanno [39:39]: “Europe is not necessarily dodging itself, is not necessarily ungoverning itself, but many ways in which certain... decisions are crafted... are clearly leading to an erosion in the predictability... of civil society and companies”

Alberto Alemanno [44:44]: “If these basic rules of independence are not abided by everybody, the entire edifice will crumble...”

9. Attacks on EU Bureaucracy and the Rise of “Doge”-like Figures

[45:55-49:43]

• Attacks on public servants and EU officials are rising, albeit more subtly than the culture-war rhetoric in the US.
• Example: German Chancellor Friedrich Merz’s appointment of a deregulation “czar” inspired by the American model.
• The EU faces the risk of bureaucratic demoralization and a legitimacy crisis if civil servants are scapegoated for slowing growth and innovation.

Alberto Alemanno [47:52]: “Attacks to our public administrations and career public servants are multiplying also in Europe…”

10. The Fate of the Brussels Effect

[49:43-52:27]

• The EU’s strongest global leverage—the “Brussels effect” of exporting regulations—is undermined by its own retreat from ambitious rulemaking.
• By acquiescing to US demands to lower standards, the EU forfeits its only real “superpower” and entrenches dependency.

Alberto Alemanno [50:17]: “To me it’s extraordinarily self-defeating that the European Union is giving up on the exercise of its only superpower... the ability to regulate society... to exercise self-determination in a multipolar world.”

Notable Quotes and Memorable Moments

• Alberto Alemanno [04:56]:
  “Europeans tend to look down at Trump’s America as if what is happening there in terms of democratic erosion would be an inherently American phenomenon. But this largely misses the point.”
• James Kanter [08:21]:
  “This giant U-turn has been dubbed something called simplification. And this simplification rhetoric has become the entire raison d’être of Ursula von der Leyen’s second term...”
• Alberto Alemanno [13:02]:
  “This technique is so controversial that already during Roman time there was this prohibition... If you had multiple issues that lex would have been full satura. There would have been too many issues. They would have been saturating...”
• James Kanter [16:03]:
  “It is that toxic.”
• Alberto Alemanno [27:29]:
  “A member state today is no longer deterred... because they know that... this won’t per se lead to an action.”
• James Kanter [29:23]:
  “It’s almost like... the EU as a brand counts more than the EU as a quality product.”
• Alberto Alemanno [32:52]:
  “We should stop thinking about America as a privileged ally because clearly the most recent months have shown that debt is no longer an ally and therefore we need to leverage on the unique powers we have...”
• Alberto Alemanno [41:25]:
  “We see that intergovernmentalism has changed the nature of the creature to the point that it seems almost impossible to invoke the Community method...”
• Alberto Alemanno [44:44]:
  “This intelligence gathering made Mr. Bareilly part of this network, because obviously he was the major beneficiary... This dynamic is absolutely unprecedented because it breaks the principle of independence...”
• Alberto Alemanno [50:17]:
  “It’s extraordinarily self-defeating that the European Union is giving up on the exercise of its only superpower...”

Key Timestamps

• 00:19–08:59: Rise of “simplification” / Draghi report / von der Leyen’s strategy
• 09:16–10:38: Lack of evidence for deregulation bolstering EU competitiveness
• 11:44–16:03: The procedural mechanics and implications of omnibus bills
• 17:11–19:23: Specific deregulatory targets; EU Ombudsman’s investigation
• 23:08–26:25: Far-right influence and evidence-based policymaking collapse
• 26:25–29:49: Non-enforcement, declining infringement actions, brand vs. substance
• 31:25–35:38: US security leverage and regulatory surrender
• 37:53–45:55: Member states’ takeover, erosion of supranationalism, the Varhely scandal
• 45:55–49:43: Civil servant scapegoating, attacks on bureaucracy
• 49:43–52:27: Waning “Brussels effect,” self-defeating regulatory abdication

Tone

The conversation is sober, analytical, with a critical—but not sensationalist—tone. The speakers mix institutional insight and legal expertise with a sense of urgency and underlying concern over the EU’s direction.

Summary Takeaway

Instead of simplifying to serve citizens, the EU’s new drive to cut regulation and circumvent legislative scrutiny risks hollowing out not only its laws but also its very capacity to govern. While presented as pragmatism in challenging times, these policies actually echo—and import—the “ungoverning” seen in the US and advanced by its right-wing leaders. If unchecked, this trend may rob the EU of its global influence, the trust of its citizens and businesses, and, ultimately, its legitimacy.