Experimental Law

Finding 1: In specific situations, where the purpose of the law and the purpose of the innovation are diametrically opposed, experimental law instruments can help to offer a nuanced regulatory response.

Define the problem that the experimental law instrument ought to solve and find the most suitable approach for each individual situation. For example, experimental clauses and regulatory sandboxes allow more variation in experiments; experimental statutes allow for more transparency and broader public participation.

Finding 2: Every experimental law instrument requires a statutory basis and can only be adopted on the EU level in areas where the EU legislators have the competence to do so.

Policymakers need to determine who is competent to provide the legal basis of an experimental law instrument. Legislators need to make sure that the requirements of the rule of law are met when delegating experimental discretion to the executive branch.

Finding 3: Generating knowledge is key. This may involve knowledge about the technology to be tested, its impact on society, the applicable law and necessary legislative changes.

Make access to and public participation in the co-creation process as easy as possible but as individualized as necessary. Create effective evaluation and reporting mechanisms.