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Regulating for Innovation? Insights from the Finnish Presidency of the Council of the European Union

Published online by Cambridge University Press:  30 March 2020

Post-doctoral Research Fellow, University College London; email:


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© Cambridge University Press 2020

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Research for this article was funded by the European Research Council (ERC) advanced project – Procedural Tools for Effective Governance (PROTEGO).


1 European Council 2016 “Better regulation to strengthen competitiveness” 26 May 2016, press release <> accessed 7 February 2020.

2 See the Commission Staff Working Document, “Better Regulations for innovation-driven investments at EU level”.

3 European Commission, “Investing in a Smart Innovative and sustainable industry. A renewed industrial policy strategy” 13 September 2017, <> accessed 7 February 2020.

4 European Parliament, text adopted “Establishing Horizon Europe” <> accessed 7 February 2020.

5 In particular, for scholarly works on innovation principle see A Portuese and J Pillot, “The Case for an Innovation Principle: A Comparative Law and Economics Analysis” (2018) 15 Manchester Journal of International Economic Law 2014.

6 Scholarly works on innovation and legislation include, among others, works on the legal and regulatory problems at the technological frontiers: see for instance L Bennett Moses, “How to Think about Law, Regulation and Technology: Problems with Technology as a Regulatory Target” (2015) 5(1) Law Innovation and Technology 1. A reflection on how legislation can become more adaptable to innovation is provided in S Ranchordas and M van 't Schip, “Future-Proofing Legislation for the Digital Age” in S Ranchordas and Y Roznai (eds), Time, Law, and Change (Hart Publishing forthcoming).

7 K Garnett et al, “Towards an innovation principle: an industry trump or shortening the odds on environmental protection?” (2018) 10(1) Law, Innovation and Technology 1.

8 Council of the EU, 2016.

9 ibid.

10 European Commission, 2016 “Better Regulation for innovation-driven investment at EU level” <> accessed 7 February 2020.

11 See the description of EPSC at <> accessed 17 February 2020.

12 European Political Strategy Centre, Towards an Innovation Principle Endorsed by Better Regulation. EPSC Strategic Notes (2016).

13 ibid.

14 C Edquist, “Striving Towards a Holistic Innovation Policy in European Countries – But Linearity Still Prevails!” (2017) 5(2) STI Policy Review.

15 Corporate Europe Observatory, “Innovation Principle” <> accessed 7 February 2020.

16 See the complete definition of PP at <> accessed 7 February 2020.

17 ERF, The Precautionary Principle. Application and Way Forward (2011) <> accessed 7 February 2020.

18 JM Leceta et al, Unleashing Innovation and Entrepreneurship in Europe, People Places and Policies (CEPS 2017) <> accessed 7 February 2020.

19 CEPS Final Report, Renda et al, 5 December 2019 <> accessed 7 February 2020.