Is this a problem with proposals for JAR-OPS, where previously JAR has not been enforceable in Euro law, only when adopted by the home country or national authority?
Or, is this problem arising because EASA now runs Euro aviation; JAA is responsible to EASA for operational issues, but EASA can enshrine aviation rules in Euro law?
Whichever option applies it appears to be typical Euro thinking and regulation. Where there is difficulty in reaching an agreement, then the lowest common denominator is chosen. This invariably results in a reduction in safety standards. There are many examples in JAR-OPS, fortunately none as yet proven. However, as long as national authorities (with operator input) can alleviate the some of the novel JARs there is hope of marinating the current good level of safety.
Now we have EASA, lowest common denominator = lowest level of safety.