European Union lobbying

Last updated
Wiertzstraat in Brussels. This 'lobby tree' in front of the main entrance of the European Parliament was planted in 2001 at the initiative of SEAP, the professional organisation of lobbyists. EP-BrusselWiertzstraat-boom.jpg
Wiertzstraat in Brussels. This 'lobby tree' in front of the main entrance of the European Parliament was planted in 2001 at the initiative of SEAP, the professional organisation of lobbyists.
The top of a row of copper nameplates on Schumanplein. In the heart of the Brussels lobby world, where several thousands of EU lobbyists operate, Dutch companies, non-profit organisations, pension insurers, consultants and banking organisations have rented an office space from which they undertake their lobbying activities. KoperenLobbynaamplatenSchumanpleinBewerkt.jpg
The top of a row of copper nameplates on Schumanplein. In the heart of the Brussels lobby world, where several thousands of EU lobbyists operate, Dutch companies, non-profit organisations, pension insurers, consultants and banking organisations have rented an office space from which they undertake their lobbying activities.
Wikimania 2009, results of the discussion about possible contents of European lobbying Topics european lobbying.jpg
Wikimania 2009, results of the discussion about possible contents of European lobbying

Lobbying in the European Union, also referred to officially as European interest representation, is the activity of representatives of diverse interest groups or lobbies who attempt to influence the executive and legislative authorities of the European Union through public relations or public affairs work. The Treaty of Lisbon introduced a new dimension of lobbying at the European level that is different from most national lobbying. At the national level, lobbying is more a matter of personal and informal relations between the officials of national authorities, but lobbying at the European Union level is increasingly a part of the political decision-making process and thus part of the legislative process. 'European interest representation' is part of a new participatory democracy within the European Union. The first step towards specialised regulation of lobbying in the European Union was a Written Question tabled by Alman Metten, in 1989. In 1991, Marc Galle, Chairman of the Committee on the Rules of Procedure, the Verification of Credentials and Immunities, was appointed to submit proposals for a Code of conduct and a register of lobbyists. Today lobbying in the European Union is an integral and important part of decision-making in the EU. From year to year lobbying regulation in the EU is constantly improving and the number of lobbyists is increasing. [1]

Contents

Basics

Definition

The European Commission published an official definition of interest representation at European level in a communication from the Commission of 21 March 2007 [2] (which was a follow-up to the green paper of 3 May 2006); the definition, taken from the green paper, defined lobbying as "all activities carried out with the objective of influencing the policy formulation and decision-making processes of the European institutions". [3]

Interest representation, or lobbying, is either a part of the work of institutions with a different main focus or it is the main focus of organisations whose 'raison-d'être' is lobbying itself. The main actors in European interest representation are national, European, and international associations from all sectors of economic and social life, private enterprise, law firms, public affairs consultants (political consultants) and non-governmental organisations and think tanks.

There are two types of European interest representation:

Characteristics of European-level interest representation

The decision-making and legislative processes of the European Union increasingly involve cooperation between the EU institutions and the informal work of interest representatives.

European interest representation differs in a number of ways from national interest representation:

The legal basis: Article 11 of the Treaty on European Union

When the Treaty of Lisbon came into force on 1 December 2009, it provided a legal framework for interest representation in the form of Article 11 of the Treaty on European Union. This article regulates the details of participative democracy within the EU in the following sections: horizontal civil dialogue (Article 11(1) TEU), vertical civil dialogue (Article 11(2) TEU), the Commission's existing consultation practices (Article 11(3) TEU), and the new European Citizens' Initiative (Article 11(4) TEU).

Implementation of Article 11 TEU in EU institutions

Interest representation is prescribed by law and is thus binding on the EU institutions. In order of implementing Article 11 TEU, the Institutions themselves had to take specific measures.

Implementation of Article 11(1) and 11(2): horizontal and vertical civil dialogue

'1. The institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.' [6]

'2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.' [6]

As a result of the civil dialogue objectives, various actions have been initiated to realise improvements, for example:

  • The 'Europe for Citizens' programme: established from 1 January 2014 until 31 December 2020, this programme has the objective of contributing to citizens' understanding of the European Union and its history and diversity. It is also intended to improve conditions for proper civic and democratic participation. The programme includes mutual learning and cooperation activities (citizens' meetings, town-twinning, remembrance projects, etc.). Europe for Citizens Contact Points, union level events (conferences, commemorations, award ceremonies, peer reviews, expert meetings and seminars) among others. [7]
  • Establishment of web sites such as 'Your Voice in Europe' by the European Commission, where citizens can find information on consultations, discuss their views in forums or blogs, or get in touch with their regional or national representatives. [8]
  • The European Parliament founded the so-called 'Agora' (as a tribute to the first public debating forum on political issues in Athens, Greece). The Agora is a forum which takes place in the European Parliament's hemicycle in Brussels. It is a programme designed to enable citizens to take part in the policy-making process: 500 representatives of civil society organisations will be invited to discuss and debate the topic of this particular Agora for two days (e.g. the Citizens' Agora on Youth Unemployment (6–8 November 2013)). The Agora is thus an initiative to encourage vertical civil dialogue. [9]

Implementation of Article 11(3): Consultation

'3. The European Commission shall carry out broad consultations with parties concerned in order to ensure that the Union's actions are coherent and transparent.' [6]

As soon as the European Commission envisages a new political Initiative or a revision of already consisting legislation, in most cases a public consultation will be held in order to gather important information. Individuals, companies and organisations, who are interested in the subject or who are able to provide expertise regarding the issue, can supply valuable information on what to consider and how to formulate the legislative proposal. Their recommendations will be adapted as well as possible and then, in the course of the legislative process, send to the European Parliament and the Council of the European Union for discussion. [10]

Implementation of Article 11(4): European Citizens' Initiative

'4. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.' [6]

The European Commission published the procedure for implementing Article 11(4) TEU (European Citizens' Initiative) initially in a green paper (then initiated the process in November 2009). The Council of the European Union adopted the regulation on 14 February 2011. [11] The European Citizens' Initiative (ECI) entered into force on 1 April 2012. [12] The initiative is a strong tool for participatory democracy. It enables EU citizens to call directly to the European Commission to propose legislation of interest to them. An initiative must be supported by at least one million EU citizens from at least seven different EU member states. The legislative proposal must also be within the institutional competence of the EU bodies. Since its implementation in 2012, nearly 6 million citizens have made use of the ECI. So far, 24 ECIs have been registered, 19 ECIs were declared inadmissible and 3 successful ECIs have reached out to more than 1 million supporters. [13]

Development and strategies of European Interest Representation

European Transparency Initiative

In the context of the European Transparency Initiative, which was introduced in 2005 by EU Commissioner Siim Kallas, the European Commission introduced a voluntary register of lobbyists in the European Union on 23 June 2008. The Transparency Register of both the European Parliament and the EU Commission was established three years later, on 23 June 2011. [14] Registration is not mandatory, but is a precondition to accreditation and physical access to buildings of the European Parliament. The objective of the joint transparency register is to increase transparency of the EU lobbying system by enabling public inspection of the lobbying process itself, including an insight on who the lobbyists are, that try to shape EU governance, and whose interests they represent. Organisations as well as private actors and individuals can register in one of the six broadly composed categories of the Transparency Register. These include law firms, trade and professional associations, non-governmental-organisations (NGOs) and organisations which represent interests of local, regional or communal authorities and other public institutions. Moreover, during the process of registration the applicant must provide certain information which is published on the website of the Transparency Register by the European Union. These include the main office, the aim, mission and interests, memberships, clients and an estimate of financial resources including received EU funding. By registering, applicants agree to a unitary code of conduct. [15]

The European Parliament

On 31 January 2019, the EU Parliament adopted binding rules on lobby transparency. Amending its Rules of Procedure, the Parliament stipulated that MEPs involved in drafting and negotiating legislation must publish online their meetings with lobbyists. [16] The amendment says that 'rapporteurs, shadow rapporteurs or committee chairs shall, for each report, publish online all scheduled meetings with interest representatives falling under the scope of the Transparency Register'-database of the EU. [17]

Dual interest representation: national and European level

Connection between the local and the European level of interest representation are managed not only through the institutions of the state but also through local and national organisations.

Types of EU Legislation

There are different types of EU law, each with distinct characteristics and effects. Regulations are comparable to national laws, having binding power and direct applicability across all EU member states. Directives, on the other hand, are addressed to Member States with the intention of aligning national legislation, requiring further implementation at the national level. Decisions are individual measures addressed to specific recipients, instructing them to take or refrain from certain actions. Recommendations, opinions, or communications serve to publicize the views of EU institutions without imposing legal obligations on the concerned parties.

The EU lobbyist Andreas Geiger claims that the understanding and usage of these different legislative act is fundamental for EU lobbyists and stakeholders. In particular, regulations and directives for legislative lobbying and decisions of the Commission for administrative lobbying related to competition law are pivotal.

One of the most significant changes brought about by the Lisbon Treaty is the increased power of the Parliament during the legislative process. This has made the ordinary legislative procedure (previously known as the co-decision procedure) the standard mechanism for EU policy-making. Article 294 TFEU outlines the ordinary legislative procedure, now the most crucial tool in Union policy decision-making. [18] [19] [20]

Related Research Articles

<span class="mw-page-title-main">European Commission</span> Executive branch of the European Union

The European Commission (EC) is part of the executive of the European Union (EU), together with the European Council. It operates as a cabinet government, with 27 members of the Commission headed by a President. It includes an administrative body of about 32,000 European civil servants. The Commission is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries each headed by a Director-General who is responsible to a Commissioner.

In politics, lobbying or advocacy, is the act of lawfully attempting to influence the actions, policies, or decisions of government officials, most often legislators or members of regulatory agencies, but also judges of the judiciary. Lobbying, which usually involves direct, face-to-face contact in cooperation with support staff that may not meet directly face-to-face, is done by many types of people, associations and organized groups, including individuals on a personal level in their capacity as voters, constituents, or private citizens; it is also practiced by corporations in the private sector serving their own business interests; by non-profits and non-governmental organizations in the voluntary sector through advocacy groups to fulfil their mission such as requesting humanitarian aid or grantmaking; and by fellow legislators or government officials influencing each other through legislative affairs in the public sector. Lobbying or certain practices that share commonalities with lobbying are sometimes referred to as government relations, or government affairs and sometimes legislative relations, or legislative affairs. It is also an industry known by many of the aforementioned names, and has a near complete overlap with the public affairs industry. Lobbyists may be among a legislator's constituencies, for example amateur lobbyists such as a voter or a bloc of voters within their electoral district acting as private citizens; others like professional lobbyists may engage in lobbying as a business or profession; while others are government relations support staff who work on behalf of professional lobbyists but do not actively participate in influencing or meeting face-to-face with targeted personnel enough to be considered registered lobbyists while working in the same professional circles as professional lobbyists who are legally designated as registered lobbyists.

<span class="mw-page-title-main">Treaty on European Union</span> Treaty setting out the basis of European Union law

The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU forms the basis of EU law, by setting out general principles of the EU's purpose, the governance of its central institutions, as well as the rules on external, foreign and security policy.

<span class="mw-page-title-main">European Ombudsman</span> Ombudsman for the European Union

The European Ombudsman is an inter-institutional body of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing problems with the EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. The current Ombudsman is Emily O'Reilly.

<span class="mw-page-title-main">Treaty of Amsterdam</span> Interesante

The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Treaty of Maastricht, which had been signed in 1992.

<span class="mw-page-title-main">Comitology</span> Process by which European Union law is modified or adjusted

Comitology in the European Union refers to a process by which EU law is implemented, modified or adjusted and takes place within "comitology committees" chaired by the European Commission. The official term for the process is committee procedure. Comitology committees are part of the EU's broader system of committees that assist in the making, adoption, and implementation of EU laws.

<span class="mw-page-title-main">Diana Wallis</span> British politician

Diana Paulette Wallis, is a British former Liberal Democrat Member of the European Parliament (MEP) for Yorkshire and the Humber. Wallis was first elected in 1999 and re-elected in 2004 and in 2009. She resigned her seat in January 2012 and went on to pursue an extensive array of academic, legal and mediation-related activities.

<span class="mw-page-title-main">Institutions of the European Union</span> Decision-making bodies of the European Union

The institutions of the European Union are the seven principal decision-making bodies of the European Union and the Euratom. They are, as listed in Article 13 of the Treaty on European Union:

<span class="mw-page-title-main">Politics of the European Union</span> Political system of the European Union

The political structure of the European Union (EU) is similar to a confederation, where many policy areas are federalised into common institutions capable of making law; the competences to control foreign policy, defence policy, or the majority of direct taxation policies are mostly reserved for the twenty-seven state governments. These areas are primarily under the control of the EU's member states although a certain amount of structured co-operation and coordination takes place in these areas. For the EU to take substantial actions in these areas, all Member States must give their consent. Union laws that override State laws are more numerous than in historical confederations; however, the EU is legally restricted from making law outside its remit or where it is no more appropriate to do so at a state or local level (subsidiarity) when acting outside its exclusive competences. The principle of subsidiarity does not apply to areas of exclusive competence.

<span class="mw-page-title-main">European Union legislative procedure</span> Procedures for the adoption of legislation in the European Union

The European Union adopts legislation through a variety of legislative procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and approved by the Council of the European Union and European Parliament to become law.

<span class="mw-page-title-main">Democratic legitimacy of the European Union</span>

The question of whether the governance of the European Union (EU) lacks democratic legitimacy has been debated since the time of the European Economic Community in the late 1970s. This led in part to an elected European Parliament being created in 1979 and given the power to approve or reject EU legislation. Since then, usage of the term has broadened to describe newer issues facing the European Union. Voter turnout at the elections to the European Parliament fell consecutively at every election from the first in 1979 up to 2014 when it hit a low of 42.54%, before finally rising in 2019. The 2014 turnout figure is lower than that of any national election in the 27 countries of the European Union, where turnout at national elections averages 68% across the EU.

In politics, a revolving door is a situation in which personnel move between roles as legislators and regulators, on one hand, and employees or lobbyists of the industries affected by the legislation and regulation, on the other. It is analogous to the movement of people in a physical revolving door. Political analysts claim that an unhealthy relationship can develop between the private sector and government, based on the granting of reciprocated privileges to the detriment of the nation, and can lead to regulatory capture.

<span class="mw-page-title-main">National parliaments of the European Union</span>

The national parliaments of the European Union are those legislatures responsible for each member state of the European Union (EU). They have a certain degree of institutionalised influence which was expanded under the Treaty of Lisbon to include greater ability to scrutinise proposed European Union law.

<span class="mw-page-title-main">Treaty of Lisbon</span> 2007 treaty amending the constitutional basis of the European Union

The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all EU member states on 13 December 2007, entered into force on 1 December 2009. It amends the Maastricht Treaty (1992), known in updated form as the Treaty on European Union (2007) or TEU, as well as the Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU. It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM).

<span class="mw-page-title-main">European Citizens' Initiative</span> European Union mechanism aimed at increasing direct democracy

The European Citizens' Initiative (ECI) is a European Union (EU) mechanism aimed at increasing direct democracy by enabling "EU citizens to participate directly in the development of EU policies", introduced with the Treaty of Lisbon in 2007. This popular initiative enables one million citizens of the European Union, who are nationals of at least seven member states, to call directly on the European Commission to propose a legal act in an area where the member states have conferred powers onto the EU level. This right to request the commission to initiate a legislative proposal puts citizens on the same footing as the European Parliament and the European Council, who enjoy this right according to Articles 225 and 241 TFEU, respectively. The commission holds the right of initiative in the EU. The first registered ECI, Fraternité 2020, was initiated on 9 May 2012, although the first submitted ECI was One Single Tariff.

A Lobby Registry, also named Lobbyist Registry, Register for Lobby Transparency or Registry of Lobbyists is a public database, in which information about lobbying actors and key data about their actions can be accessed.

<span class="mw-page-title-main">Democracy International eV</span> International non-governmental organisation

Democracy International e.V. is an international non-governmental organisation (NGO) working on strengthening direct democracy and citizens' participation at local level, in the nation states and on the global level. Democracy International has been existing as a loose network of democracy activists since 2002. The organisation was formally established in June 2011 as a registered membership association according to German non-profit law. Democracy International is politically independent and funded by membership fees and individual donations. The headquarters are in Cologne, Germany.

Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.

The European Union's (EU) Common Commercial Policy, or EU Trade Policy, is the policy whereby EU Member States delegate authority to the European Commission to negotiate their external trade relations, with the aim of increasing trade amongst themselves and their bargaining power vis-à-vis the rest of the world. The Common Commercial Policy is logically necessitated by the existence of the Customs Union, which in turn is also the foundation upon which the Single Market and Monetary Union were later established.

Participatory democracy "is founded on the direct action of citizens who exercise some power and decide issues affecting their lives". Participatory democracy refers to mechanisms through which citizens are involved in public decision-making processes, not as an alternative to representative democracy but as a complement to it.

References

  1. Nesterovych, Volodymyr (2015). "EU standards for the regulation of lobbying". Prawa Człowieka. nr 18: 98, 106.
  2. "Communication from the Commission - Follow-up to the Green Paper "European Transparency Initiative"". 13 March 2007. Retrieved 22 December 2014.
  3. "Green Paper: European Transparency Initiative" (PDF). 3 May 2006. Retrieved 22 December 2014.
  4. Greenwood, Justin (2011). Interest Representation in the European Union (3rd ed.). New York: Palgrave Macmillan. p. 31. ISBN   9780230343689.
  5. Greenwood, Justin (2011). Interest Representation in the European Union (3rd ed.). New York: Palgrave Macmillan. p. 27ff. ISBN   9780230343689.
  6. 1 2 3 4 "Consolidated Version of the Treaty on European Union" . Retrieved 22 December 2014.
  7. "Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the 'Europe for Citizens' programme for the period 2014-2020" . Retrieved 22 December 2014.
  8. "Your Voice in Europe" . Retrieved 22 December 2014.
  9. "Citizens' Agora on Youth Unemployment (6-8 November 2013" . Retrieved 22 December 2014.
  10. "Get involved in European policy making" . Retrieved 22 December 2014.
  11. "Go-ahead given to the European citizens' initiative" (PDF). Retrieved 22 December 2014.
  12. "Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative" . Retrieved 22 December 2014.
  13. "What is the ECI" . Retrieved 22 December 2014.
  14. "Transparency Register: Key Events" . Retrieved 22 December 2014.
  15. "First Annual Report on Transparency Register shows good start, and sets further objectives for 2013" (Press release). Retrieved 22 December 2014.
  16. EU Parliament to end secret lobby meetings.
  17. Text adopted by EU Parliament on lobbying transparency
  18. Joos, Klemens (2011-05-06). Lobbying in the new Europe: Successful representation of interests after the Treaty of Lisbon. John Wiley & Sons. ISBN   978-3-527-50597-5.
  19. Geiger, Andreas (2012). EU lobbying handbook (2nd ed.). Brussels: Helios Media. pp. 108–110. ISBN   978-1-4751-1749-3.
  20. Consolidated version of the Treaty on the Functioning of the European Union#PART SIX - INSTITUTIONAL AND FINANCIAL PROVISIONS#TITLE I - INSTITUTIONAL PROVISIONS#Chapter 2 - Legal acts of the Union, adoption procedures and other provisions#Section 2 - Procedures for the adoption of acts and other provisions#Article 294#(ex Article 251 TEC), 2012-10-26, retrieved 2023-07-23

General references