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learning and development - consultancy - research EIPA 2010©
Influence in the EU after Lisbon...Dr Alan Hardacre
12 May 2010, Luxembourg
EIPA 2010 - www.eipa.eu
©
Contents
The Treaty of LisbonMain changes: Institutions & Decision-Making
Advocacy after Lisbon Influence and Lobbying as of 2010...Keys to Successful Influence
ConclusionsWhat Lisbon means forLobbying?
EIPA 2009 - www.eipa.eu
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Why Lobby in Brussels (1)?
Increasing % legislation from Brussels (70%+)
there is virtually no policy area which is not directly orindirectly affected by decisions taken collectively in Brussels
Costs and benefits of regulation fall upon virtually every sector and issue, as EU competencies expand
Something for all in consensus-oriented system
In response to actions by other interests
European Commission, Parliament and Council depend on lobbying easy access
Successful lobbying to modify EU legislation affectsthe business of the sector concerned
EIPA 2009 - www.eipa.eu
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Why Lobby in Brussels (2)?
Business associations (the largestgroup), NGOs,Companies, Law firmsPA Consultancy firms, Regional bodies
20.000 stakeholders involved in the EU decision-making process
45.000 officials involved in the EU decision-making process
European Commission, European Parliament, Council of Ministers, Economic & Social Committee, Committee of Regions, Permanent Representations, National experts
Almost every industry imaginable has its own sectoral lobby group inBrussels– from the European Bottled Water Cooler Association to the
Chemical Industry Federation with 140 employees
EIPA 2010 - www.eipa.eu
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Case-Study
Road Safety: Cross BorderEnforcement of Sanctions
- COM 2008 (0151) + IA [March 2008]- EP 1st Reading Position [December 2008]- First Reading Council [ongoing...]
EIPA 2010 - www.eipa.eu
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Treaty on the European Union
Treaty on the Functioning of the European Union
Protocols (37)
Annexes (2)
Declarations (65)
1 December 2010
EIPA 2010 - www.eipa.eu©
EuropeanEuropean CommunitiesCommunities
EC
Treaty
establishing
the
European
Community
Treatyestablishing
the
European Atomic Energy
Community(Euratom)
Title V
CommonForeign
andSecurityPolicy
‘2nd pillar’
TREATY ON EUROPEAN UNION
The EU 2010
Title VI
Police andJudicialCoope-ration
inCriminalMatters
‘3rd pillar’‘1st pillar’
Treaties
EIPA 2010 - www.eipa.eu©
Euratom
TREATY ON EUROPEAN
UNION
External Action
(general)
CFSP/CSDP
TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION
After Lisbon Common ProvisionsDemocratic Principles
Institutions Enhanced Cooperation
Title V Area Of Freedom, Security and Justice
Ch. 2Policies on Border Checks, Asylum and Immigration
Ch.3 Judicial Cooperation
in Civil Matters
Ch.4Judicial
Cooperation in Criminal Matters
Ch.5Police
Cooperation
Ch.1 General Provisions
EIPA 2010 - www.eipa.eu©
A ‘simple’ scheme of the EU institutional system
PARLIAMENTdirect
representa-tion of citizens
COURT OF AUDITORS EUROPEAN CENTRAL BANK
judicial control of Community law
COURT
autonomous promotion of
Community interest
COMMISSION
negotiation of national
interestsCOUNCIL
strategic political decisions
EUROPEAN COUNCIL
EIPA 2010 - www.eipa.eu
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The European Council after Lisbon
Powers:
gives “impetus” and “general political guidelines”
does not take legislative decisions, but extension to 35 legal bases
triggers the passerelle mechanisms
Voting rule: operates by consensus
President to be elected for 2 ½ years renewable
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Some open (political) questions …
What will be the President's relationship with the High Representative in terms of external representation of the Union?
Will he be seen as a rival by the President of the Commission, who has had the advantage until now of being the only permanent top figure?
How will the President advance his role?
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Decision-maker, shares with Parliament the responsibility for passing laws and taking policy decisions
Representative of the 27 national governments
Meets in different compositions depending on issue: Environment, Competitiveness, etc
Rotating six-month Presidency sets the Council’s political agenda
Diplomatic, ‘secretive’ decision-making, the least transparent institution
Council After Lisbon
EIPA 2010 - www.eipa.eu
©Working Parties (ca. 160)
Special Committee on Agriculture
Economic &Financial
Committee
Trade Policy Committee
Econ. PolicyCommittee
Employment Committee
Fin. ServicesCommittee
Social Protection Committee
Council of Ministers
COREPERPermanent Representatives Committee (Parts I and
II)
Political &Security
Committee (PSC/COPS)
Military Committee
CIVCOM
CFSP
Article 36 Committee
(CATS)
Justice and Home Affairs
Strategic Committee
on Immigration,Frontiers and
Asylum (SCIFA)
Lisbon creates Committee on Internal Security (COSI)
EIPA 2010 - www.eipa.eu
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Qualified majority voting with Lisbon
Extension of QMV to 45 new cases
Nice system will continue to apply until 1 November 2014
TEU new Article55% of Member States plus 65% of population( 4 countries in order to block )
+ Protocol on Transitional Provisions01/11/14 – 31/03/17MS may request application of Nice system in specific cases
EIPA 2010 - www.eipa.eu
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Working Group level: identify and build a relationship with relevant attachés involved in key dossiers at the Brussels-level. Can provide a good source of information on timetables and the progress of legislative proposals.
COREPER level: the work of the Council is prepared or co-ordinated by the Committee of Permanent Representatives, made up of Permanent Representatives of the MSs and their Deputies. Maintain contacts to keep them aware of important dossiers or critical issues.
The Presidency - build important contacts with the relevant Presidency staff – key = Belgian and Hungarian
Manage co-ordinated action at the national level, targeting experts in the Ministries in tandem with an EU-level campaign
Understand the national political agenda and political colour of the MS delegation - what are the pressing issues at the national level that could influence a MS’ position at the EU-level?
Similarly, coalitions between MSs united on a given issue should be identified
Lobbying the Council
Key Institution for Case-Study. It is blocked in Council. Why?
Need to look to Presidency for impetus – Belgians?
Pressure Council via EP or Commission?
EIPA 2010 - www.eipa.eu
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Commission after Lisbon
Lisbon Treaty
2010-2014 = one per Member State
2014-2019 = two-thirds number of Member States
(18 members in EU27)
Protocol on the Enlargement of the EU, Art. 4 (2)
“When the Union consists of 27 Member States,... The number of Members of the Commission shall be less than the number of Member States. The Members of the Commission shall be chosen according to a rotation system based on the principle of equality.....”
EIPA 2010 - www.eipa.eu
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INDEPENDENCE
Takes no instructions from governments or other bodies
• Ensures application
of the Treaties
• Proposes legislation except
where the Treaties
provide otherwise
• Coordinating
• Executive
• Management
• Except for CFSP and other cases provided for under the Treaties
EXERNAL
REPRESENTATION
OF THE EU
FUNCTIONSRIGHT OF INITIATIVEGUARDIAN OF THE
TREATIES
Source: European Commission
41 32
Roles of the Commission
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Responsibilities of the Commissioners
Joaquín ALMUNIA: Competition. Vice-President of the Commission.
László ANDOR: Employment, Social Affairs and Inclusion.
Baroness Catherine ASHTON: High Representative of the Union for Foreign Affairs and Security and Vice-President of the Commission.
Michel BARNIER: Internal Market and Services.
Dacian CIOLOS: Agriculture and Rural Development.
John DALLI: Health and Consumer Policy.
Maria DAMANAKI: Maritime Affairs and Fisheries.
Karel DE GUCHT: Trade.
Štefan FÜLE: Enlargement and European Neighbourhood Policy. *
Johannes HAHN: Regional Policy.
Connie HEDEGAARD: Climate Action.
Maire GEOGHEGAN-QUINN: Research and Innovation.
Kristalina Georgieva : International Coop., Humanitarian Aid and Crisis Response. *
Siim KALLAS: Transport. Vice-President of the Commission.
EIPA 2010 - www.eipa.eu
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Responsibilities of the Commissioners
Neelie KROES: Digital Agenda. Vice-President of the Commission.
Janusz LEWANDOWSKI: Budget and Financial Programming.
Cecilia MALMSTRÖM: Home Affairs.
Günter OETTINGER: Energy.
Andris PIEBALGS: Development.*
Janez POTOČNIK: Environment.
Viviane REDING: Justice, Fundamental Rights and Citizenship. Vice-President of the Commission.
Olli REHN: Economic and Monetary Affairs.
Maroš ŠEFČOVIČ: Vice-President of the Commission for Inter-Institutional Relations and Administration.
Algirdas ŠEMETA: Taxation and Customs Union, Audit and Anti-Fraud.
Antonio TAJANI: Industry and Entrepreneurship. Vice-President of the Commission.
Androulla VASSILIOU: Education, Culture, Multilingualism and Youth.* In close cooperation with the High Representative/Vice-President in accordance with the
treaties.
EIPA 2010 - www.eipa.eu
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High Representative of the Union for Foreign Affairs and Security
Policy
conduct political dialogue with third parties and shall express the Union’sposition at international conferences
coordinate action in international organizations and international conferences (incl. UN Security Council)
coordinate civil-military aspects of CSDP
present joint proposals with Commission for economic sanctions
be responsible for Union delegations
PresidentForeign Affairs Council
Vice-President“responsible within the
Commission for responsibilities incumbent on it in external relations”
shall ‘conduct the Union’s CFSP/CSDP’
ensure the consistency of the Union’s external action
EIPA 2010 - www.eipa.eu©
Early involvement: 80% of a Commission proposal remains in the final act
Leverage all possibilities that exist within other DGs not directly involved - especially if the lead DG is not as supportive of your case as you would like
Offer technical advice and expertise. You may know more about an issue than the official in charge - your advice could be invaluable
But remember to carry out a twofold communication, covering the Political (Commissioners’ Cabinets) as well as the Technical
Influence through other means - alliances with other companies, trade associations, NGOs, press, etc
Maintain contacts with Commission throughout decision-making process in other Institutions, given the Commission’s role as “technical advisor” and facilitator during the discussions between the EP and Council
Lobbying the Commission
Not direct key institution – but indirectly very powerful.
Best source of information. Regular contact needed.
EIPA 2010 - www.eipa.eu
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Ordinary legislative procedure extendedto agriculture, fisheries etc.
New budgetary procedure ensures fullparity between Council and EP for approval of the whole
Annual budget (the distinction between compulsory and non-compulsory CAP expenditure is abolished)
Control over ´executive functions´ of Commission Political control by ´electing´ the President of
Commission Enhanced role in Treaty revision
European Parliament after Lisbon
EIPA 2010 - www.eipa.eu©
European Parliament: its role
Like all parliaments, the European Parliament has 3 fundamental powers:
- Legislative power
- Budgetary power
- Supervisory power
The Parliament has gained increased power and influence and flexes this power when it can:
- 2010 the EP is flexing its power like never before. We are entering a new era of power relations
However, unlike most national parliaments the European Parliament does not have the power to initiate European legislative proposals (role of the European Commission)
EIPA 2010 - www.eipa.eu
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Committee in Detail: Example TRAN (2010)
UK Members:Jacqueline Foster (ECR)Michael Nattrass (EFD)Brian Simpson (PES)
UK Substitutes:Philip Bradbourn (ECR)
Total Members: 44 (Subs 43)
S&D 11 EPP-ED 16 ALDE 5
Germany 7 UK 3 France 3 Italy 4
Chair: Brian Simpson (S&D, UK)
Vice Chairs:Peter van Dalen (ECR, Netherlands) Silvia-Adriana Ticau (S&D, Romania) Dieter Lebrecht Koch (EPP, Germany)
Political Group Co-ordinators: EPP-ED: Mathieu Grosch (Belgium)
PES: Said El Khadraoui (Belgium) ALDE: Direk Sterckz (Belgium)
EIPA 2010 - www.eipa.eu©
Lobbying the Parliament
Targeting key MEPs: typically 10 to 30 MEPs lead the amendment of proposals. Likely to be more than 1 Committee, i.e. lead Committee + opinion-giving Committee (s)
Provide positive political/emotional arguments, support with facts
Capacity for timely and quick input Understand regional and political agendas beyond parties Providing relevant, credible and concise information
MEPs are accessible
MEPs are receptive to good lobbying
Not direct key institution – but indirectly powerful.
Regular contact needed. There might be a 2nd Reading...
EIPA 2010 - www.eipa.eu
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EU competence
MemberStatecompetence
shared competence
Internal Market
Agriculture
Environment
Public Health
Consumer Protection
Excisable products (movement of)
Excise duties (setting of)
Economic policy (employment and fiscal policy)
Single Currency
Customs duties
Competition rules
Common Commerical
Competencies & Decision-Making after Lisbon
EIPA 2010 - www.eipa.eu
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Decision-Making: Overview of Changes
A clearer hierarchy of norms
Simplification – fewer acts and procedures
Extension of scope of qualified-majority voting
No change in present system of QMV until 2014
Extension of co-decision (ordinary legislative procedure –OLP)
- incl. agriculture, most of Police and Judicial Cooperation in Criminal Matters, trade...
“Legislative” and “non-legislative” acts
EIPA 2009 - www.eipa.eu
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Commissioner – Sim Kallas
Commissioner’s Cabinet -
Henrik Hololei – Head of Cabinet
Keir Fitch – Deputy Head of Cabinet
– in charge of Land Transport
Director-General : M. RueteDirectorate D – Inland Transport: E. Grillo PasquarelliUnit D 3 –Road Safety: I. Kardacz
Commission
EP
Committees and groups of experts
CouncilGSC – Unit 1C – Maritime, Land and Air Transport : Oliveira Paolo
Belgian PermRep – Transport Attaché: Pieter De Meyer
Favourable PermReps
Member States National Experts : National Ministries of Transport
Technical levelPolitical level
Identify your networks
Expert Group – Sécuritédans le transport public – comprised of experts from national transport ministries
Lead Rapporteur: I.A. Sender (S&D)Opinion Rap: R. Weber (ALDE)Shadow Rap: : H. Ranner (EPP); V. Savisaar (ALDE); E. Lichtenberger (Greens/EFA); Peter Van Dalen (ECR) ; Jaromir Kohlicek - GUE/NGL
Secretariat Committee onTransport and Tourism:Head of Unit: Ute KassnitzRoad Safety responsible:David Catot (administrator)
EIPA 2009 - www.eipa.eu
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Stakeholders Positions
Definition/ Objectives
Cover only Trans European Network
Limited to 3 traffic offences
Policy Option:European Solution
Cost/Benefits
ACEA
ADAC
ASECAP N/A
ASFA N/A
BDO
CORTE
ETSC
Germany
France N/A
UK N/A N/A
Issues
Actors
NOYES
EIPA 2009 - www.eipa.eu
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Current Situation/Next Steps in the Decision Making Process
Current Situation - Council Blockage
Next Steps – Placed on the Agenda of Next Presidency - Belgium
2008 – Council 1st Reading • Blocking Element – controversies in Council over legal basis - 1st or 3rd pillar and competencies of the Commission - over-legislating, principles of proportionality/ subsidiarity• Majority vote in Council in favour of putting the directive under 3rd pillar
• Lisbon Treaty – no pillarsChance for the Directive to move forward• Inter-institutional Consultations going on between Commission-Council on procedural matters of pushing the directive further – classification under which article - Chapter 5 - Police Cooperation Art. 87 (2) TFEU? • Unresolved issues: Would the Commission agree to Ch. 5 legal basis? What happens with the UK and Ireland and their opt-outs (ins) and how does this work in practice? The Belgians will present a non-paper or Presidency Paper at the Working Group level in July – to be discussed in September.
EIPA 2009 - www.eipa.eu
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Role and Importance of European Associations
Have the knowledge and resources to follow the European agenda and be successful in representing the interests of their members before EU regulators and authorities Are trusted by the EU institutions since they promote the voice and position of a significant part of a specificsector Can readily provide institutions with expertise andinput during the decision making process, contributing toeffective and practical law making, influencing EU affairs to the benefit of their members
EIPA 2009 - www.eipa.eu
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EIPA Courses
Understanding EU Decision-Making: Principles, Procedures, Practice
Formal and Informal Consultation in the EU
How to Influence EU Decision-Making
Comitology and EU Transport Policies
1
2
3
4
EIPA 2010 - www.eipa.eu
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Many thanks for your attention.
Do You Have Any Questions?
a.hardacre@eipa.eu
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