6 - Civil Society in the EU (Participatory Democracy)

Question 1

What is explored in this lecture? (2)

Answer 1

1/ the constitutional dimension of civil society (CS) participation in EU lawmaking

2/ with special focus on ECI

Question 2

What does the ECI mechanism do with respect to CS participation in EU lawmaking? (2)

Answer 2

1/ institutionalises the role of private citizens in EU’s functioning

2/ functioning of ECI however raises legal and political questions

Question 3

What comes to mind when speaking about civil society?

Answer 3

Participatory democracy

Question 4

Introductory remarks/questions regarding participatory democracy? (3)

Answer 4

1/ there is a relationship btwn participatory and representative democracy, which may sometimes compete

2/ how does participatory democracy influence the IB within the EU? (cf concept of ‘informational advantage’)

3/ what are the benefits and dangers of CS organisations participating in EU lawmaking?

Question 5

Evolution regarding the rise of civil society? (5)

Answer 5

1/ sharp increase in CS activity surrounding EU institutions since 1980s

2/ 1999: downfall of Santer Commission under pressure of EP

3/ 2001: Irish referendum on Nice Treaty (passed only at 2nd referendum)

4/ 2001: Prodi’s Commission White Paper on European Governance

5/ today, btwn 25,000 and 30,000 lobbies

Question 6

How to explain the expansion of CS? (3)

Answer 6

1/ expansion of EU powers

2/ dramatic increase EU budget

3/ geographical expansion of EU, more MS

Question 7

How can the expansion of CS in the EU be assessed? (5)

Answer 7

1/ enhances legitimacy

2/ gives more actors a seat at the table

3/ increases voices heard

4/ raises quality of EU legislation via ‘informational advantage’

5/ participatory can bring more expertise to the table

Question 8

What is a question surrounding the rise of CS?

Answer 8

Can civil society come to the rescue of EU democracy, i.e. reduce the democratic deficit?

Question 9

Important elements of Prodi’s Commission White Paper on European Governance (2001)? (3)

Answer 9

1/ seminal document

2/ laid down a new EU policy largely embracing participation of CS

3/ introduced new term of ‘governance’ (does not have a single definition yet as of today)

Question 10

Considerations surrounding the concept of governance introduced by the EC White Paper on European Governance? (4)

Answer 10

1/ governance always involves a type of non-hierarchical decision-making

2/ access to documents is very important tool in this regard

3/ public-private collaboration too

4/ desire to increase output legitimacy

Question 11

Considerations surrounding the rise of civil society today? (4)

Answer 11

1/ main tool is consultation (often online)

2/ consultation often organised by Commission Expert Groups

3/ Art. 11(3) TEU: constitutional duty of EC to organise consultations when engaging new policies

4/ bears the question of whether we are witnessing a shift from representative to participatory democracy

Question 12

Main elements of Kohler Koch’s work on the ‘de-mystification of participatory democracy’? (3)

Answer 12

1/ research whether participatory democracy really increases legitimacy of EU

2/ finds that EC embraces participatory democracy for legitimacy as well as to make a schism with old ways of conducting politics

3/ however criticises this as it could be employed as a double way to achieve policy-making (‘double agenda’), which arguably strengthens the EC’s institutional position

Question 13

Overarching definition of civil society?

Answer 13

Collection of organised group activity, beyond the control of the State, btwn the individual and State

Question 14

What are the 3 different types of CS organisations?

Answer 14

1/ private interest groups

2/ public interest groups

3/ governmental actors

Question 15

Under what umbrella can CS organisations lobby? (4)

Answer 15

1/ directly and individually

2/ as trade/industry

3/ as part of a ‘cross industry’ interest groups (e.g. different industries, employers, employees)

4/ forging alliances can be useful

Question 16

What is an advantage and a disadvantage of lobbying as part of a ‘cross industry’ interest group? (2)

Answer 16

1/ more clout collectively

2/ internal coordination pbs may be huge

Question 17

What do many smaller players in CS do with respect to lobbying?

Answer 17

They hire professional lobbyists (‘public affairs practitioners’)

Question 18

What are 2 examples of successful lobbying thanks to forged alliances?

Answer 18

1/ Biotechnology Directive 1995 vs 1998 (pharma industry/patient organisations)

2/ EU ‘extinction’ of the old lightbulb (European Electronics Organisation/envtal protection groups)

Question 19

What are examples of institutionalised lobbying? (4)

Answer 19

1/ European Economic and Social Committee (EESC)

2/ Committee of the Regions

3/ institutionalised structures for lobbying created under secondary legislation

4/ management and labour in social policy

Question 20

Considerations surrounding institutionalised lobbying via the EESC and Committee of the Regions? (4)

Answer 20

1/ see Arts. 300 and 305 TFEU

2/ fora for direct institutionalised interest in lawmaking

3/ not much lobbied themselves

4/ not very interesting to lobby as these institutions are very heterogeneous

Question 21

Considerations surrounding institutionalised lobbying in the area of social policy? (5)

Answer 21

1/ involvement of management and labour

2/ see Arts. 154 and 155 TFEU on EU collective agreements => institutionalisation of CS input?

3/ implementation of EU collective agreements by MS/social partners (autonomous) or through Council Decision

4/ see also Art. 163 TFEU on management of EU Social Fund

5/ see UEAPME case (who are the ‘social partners’? representativity?)

Question 22

Who to lobby? (3)

Answer 22

1/ start with the EC

2/ also possible to lobby EP

3/ way more difficult for other EU institutions

Question 23

Considerations surrounding lobbying with the Commission? (6)

Answer 23

1/ interesting to start lobbying EC bc exclusive right of initiative

2/ be there when writing process starts, not once the proposal is drafted

3/ EC facilitates lobbying (cf 2001 White Paper on European Governance)

4/ EC consults ad hoc advisory committees or expert groups

5/ may publish green and white papers

6/ may organise hearings with stakeholders

Question 24

Considerations surrounding lobbying with the EP? (4)

Answer 24

1/ increasingly subjected to lobbying since Art. 294 TFEU became OLP

2/ there is however a code of conduct for individual MEPs (internal disciplinary sanctions possible)

3/ influence possible through ‘intergroups’ (i.e. cross-party groups of MEPs on a subject) - informal

4/ lobbyists often send draft amendments

Question 25

Considerations surrounding lobbying with the Council? (3)

Answer 25

1/ quite closed to lobbying

2/ easier to lobby national gvts

3/ over 150 Council Working Parties, which mostly include MS representatives => very important for lobbyists bc CWPs operate at the technical level

Question 26

Considerations surrounding lobbying with the European Council?

Answer 26

Also not easy to lobby

Question 27

Considerations surrounding lobbying with the ECJ? (3)

Answer 27

1/ ECJ is a closed institution, so hard to lobby

2/ officially, ECJ is not political

3/ however, remaining question is whether the ECJ heed outside pressure?

Question 28

How to govern governance? (3)

Answer 28

1/ more and more regularisation on lobbying

2/ see 2021 Transparency Register IIA which encompasses a code of conduct, but remains voluntary

3/ arguably, there remains a fear to ‘institutionalise’ CS and give them enforceable rights

Question 29

Positive aspects of CS institutionalisation? (2)

Answer 29

1/ potentially reduce democratic deficit of EU

2/ improve quality of EU legislation

Question 30

Negative aspects of CS institutionalisation? (4)

Answer 30

1/ might render the EU more subject to those groups that have the money and resources

2/ might make EU decision-making overly complicated and burdensome

3/ might there be a quid pro quo? i.e. desire of access to agenda vs desire of expertise and legitimacy

4/ in general, parliaments will never be redundant

Question 31

Contributions of Lisbon Treaty regarding CS? (2)

Answer 31

1/ civil society gets ‘Treaty status’ via Art. 11(1)(2) TEU (‘open and transparent dialogue’), Art. 2 P2

2/ introduction of ECI (Art. 11(4) TEU and Art. 24 TFEU)

Question 32

Critical considerations surrounding the ECI? (2)

Answer 32

1/ is it a weak point compared to Arts. 225 and 241 TFEU on EP and Council right to request EC proposal

2/ ‘legal act’, ‘implementing the Treaties’, ‘outside the EC’s powers’ => conditions too stringent?

Question 33

What are cases related to the ECI? (3)

Answer 33

1/ Iszak (special status of minority regions in EU cohesion policy)

2/ Minority Safepack (EU guarantees for minority - languages)

3/ Efler (demanded withdrawal of negotiating mandate for TTIP/prevent signing of TTIP and CETA)

Question 34

What was the first successful ECI? (4)

Answer 34

1/ ‘Water is a Human Right’

2/ opposes liberalisation of water supply

3/ EC’s response was to take water out of the Concessions Directive

4/ effect of EC response was counter productive

Question 35

What are 3 major ways through which citizens can influence policy choices of EU legislation?

Answer 35

1/ ECI (direct)

2/ lobbies (indirect)

3/ election of EP and NPs (indirect)

Question 36

What forms of direct democracy can one distinguish btwn? (2)

Answer 36

1/ hard forms

2/ soft forms

Question 37

Concrete scale of forms of direct democracy, from hard to soft? (6)

Answer 37

1/ mandatory plebiscites

2/ facultative plebiscites

3/ confutative plebiscites

4/ referendum/popular initiatives

5/ consultative referendum/initiative

6/ ECI