The legal transplant of cost-benefit analysis in the European Union

The article analyzes of the legal transplant of cost-benefit analysis (CBA) from the United States to the European Union. After some preliminary remarks regarding the definition of the concept, the major moral critiques moved by the American doctrine to the institution will be presented. Subsequently, it will be highlighted how these critiques have influenced the latest American and European normative and jurisprudential accounts of CBA. It will be argued, then, that these judicial remarks have provoked an evolution of CBA in both systems, thus allowing the emergence of a common framework for horizontal administrative rulemaking.