EU Commission pressed to explain procedural violations around Omnibus

The European Commission has been asked to provide detailed explanations on why it did not conduct impact assessments or public consultations within the Omnibus legislative process, as part of an Ombudswoman inquiry.

The European Ombudswoman, who is responsible for holding EU institutions accountable, has written to EU Commission President Ursula von der Leyen to ask her why the commission skipped several of the steps required under the Better Regulation guidelines for the Omnibus sustainability simplification package.

“While the legislative proposal in question would, in principle, have required a full-fledged impact assessment, the Commission did not conduct one, preparing instead an analytical document, in the form of a staff working document,” Ombudswoman Teresa Anjinho writes in the letter, arguing that the Commission is yet to properly justify this decision.

This is the next step in an inquiry launched by Anjinho following a complaint by a group of NGOs around the procedural violations surrounding the Omnibus adoption.

Climate consistency assessment: An obligation under EU law

The Ombudswoman reminds the Commission of its obligation to conduct a ‘climate consistency assessment’ for any new legislation – essentially verifying that new laws are aligned with the EU’s climate targets – under European Climate Law.

“It appears that the Commission did not carry out a climate consistency assessment before adopting the legislative proposal in question, although the European Climate Law does not foresee any exemptions from conducting such an assessment,” she notes, asking the Commission to comment on this concern.

The letter also expresses concern over the lack of public consultation regarding the Omnibus, apart from two meetings organised in February 2025, “attended mainly by industry and business interests”.

In addition, the internal consultation between the Commission’s departments on the draft Omnibus proposal lasted only 24 hours instead of the normal 10 days, or 48 hours in a fast-track procedure – another cause for concern.

Lack of transparency in Omnibus process

The lack of transparency and proper procedure and the speed of adoption of the Omnibus directive seeking to “simplify” regulations like the Corporate Sustainability Reporting Directive (CSRD) and Corporate Sustainability Due Diligence Directive (CSDDD) – themselves developed over the course of several years and dozens of in-depth consultations – has been flagged by many stakeholders. 

The European Commission has justified these derogations from the Better Regulation principles based on the “critical urgency” of the Omnibus proposal, but the Ombudswoman notes that this urgency has not been thoroughly explained.

The Commission has been asked to respond by September 15, 2025.