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The Commission in EU Policy Preparation

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Abstract

Since the heyday of Jacques Delors, the Commission has been challenged by the rise of the European Council, the empowerment of the European Parliament and the creation of European agencies. However, while many scholars agree about the direction of change, there is disagreement about the extent to which the Commission's position has declined. A number of studies are sceptical, and we join this sceptical line. Our contribution is to focus on the Commission's role as a maker of both legislative and executive rules (implementing and delegated acts). These rules are all decided under complex inter‐institutional procedures. But the Commission possesses the right of initiative in all procedures. We investigate how the Commission can use this first‐mover advantage to influence EU policy. We establish a framework for understanding what strategic options the first‐mover advantage entails and provide a first empirical illustration with a qualitative analysis of ten selected Commission proposals.

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This review article, with a clear political science and public administration bias, takes stock of the existing literature on EU agencies and suggests a future research agenda. The article reviews studies on EU agencies' organization, tasks, proliferation and location in the political-administrative space. Whether the advent of EU agencies tends to underpin a basically intergovernmental, transnational or supranational order has potentially huge consequences for the distribution of power across levels of government, for the degree of policy uniformity and pooling of administrative resources across countries, for the role of genuinely European perspectives in the policy process, and for accountability relations. Although the jury is still partly out on most topics, we see the contours of a more direct multilevel administration in which EU agencies not only constitute nodes within transnational agency networks, but in addition, in governance terms, relate more closely to the European Commission than to any other institution. © 2017 University Association for Contemporary European Studies and John Wiley & Sons Ltd.
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Since the latest financial and economic crisis took hold of the European Union (EU), its economic governance architecture has been undergoing crucial changes. Research into the institutional consequences of these reforms is still fragmented - especially with regard to the function of the European Commission. This article seeks to fill this void by analysing the supranational executive's role in the four areas that have witnessed the most important changes: financial stability support, economic policy surveillance, coordination of national polices and supervision of the financial sector. The empirical evidence suggests that the Commission continues to be a powerful player in EU economic governance, but its primary role is changing. While its agenda-setting power is decreasing, most decisions in economic governance depend on the Commission to make them work. With more and stronger implementation competences, it may be less visible. But it is not less important. This finding qualifies the degree of intergovernmentalism in economic governance.
Article
Although the importance of international organizations is well-established, the specific contribution made to their policy outputs by administrative as opposed to political actors is rarely investigated. Still less attention is paid to how intra-organizational factors within international administrations affect the latter’s capacity to influence those outputs. Even in the case of the European Union, where the European Commission’s power over decisional outputs has been a long-standing interest, this issue has not been fully explored. Scholars have focused on horizontal factors, but have not addressed how vertical relations affect the Commission’s policy activism and therefore its influence on EU outputs. By examining how the transformation of power relations within the Commission has changed as a consequence of the strengthening of the Commission Presidency, this contribution fills that lacuna. Showing how a strong President has been able to control the Commission’s output, it demonstrates the importance of vertical relations as a variable.
Article
While all institutions traditionally agreed that the Commission can withdraw its legislative proposals for “administrative” reasons (e.g. in the case of an outdated proposal), the Commission’s competence to withdraw a proposal for political reasons was never generally accepted. The present case was the first in which this controversy was put to the Court. Because the Parliament and Council had (informally) clinched a deal in a way that, according to the Commission, undermined the purpose of the original proposal, the Commission withdrew the proposal, preventing the legislator from formally adopting the act. The Court was faced with two competing views on the role of the Commission in the legislative process and chose the golden mean, upholding the “Community method”: the Commission may withdraw its proposal if the legislator intends to alter its essential elements in such a way that the purpose of the original proposal would be defeated. Still, it remains unclear whether the Commission is barred from withdrawing a proposal, in the ordinary legislative procedure, after the conclusion of the first reading.
Article
The European Commission, although generally portrayed as a technocratic, non-majoritarian institution, or as an agent of EU member governments, has become increasingly linked to the European Parliament (EP) through a range of semi-parliamentary measures intended to increase the executive's legitimacy and accountability. In this article we argue that in addition to several highly visible and often treaty-based control instruments, an almost symbiotic, less visible, routine relationship can be observed between the two institutions. Based on an online survey of EP staff, as well as on minutes from EP committee meetings, this article examines the daily interaction taking place between the Commission and the EP, particularly at the level of officials. Although mutual interdependence in the legislative process may trigger daily interaction, the theoretical argument proposed is that the latter is facilitated and reinforced under two particular conditions: (i) if the two institutions share similar organisational patterns, and (ii) if they share similar behavioural patterns. Three such patterns are emphasised: sectoral, ideological and supranational.
Book
This book examines the struggle of the European Union bureaucracy to maintain its autonomy in an increasingly complex institutional setting and adverse political environment. Using an original survey of nearly two hundred top European Commission officials, it shows that the European Union is a coherent organization that shares a common culture of supranationalism. The European Union's multicephalous structure of political authority limits the capacity of European politicians to curb the autonomy of the Commission but tends to undermine the legitimacy of the organization, which finds itself under persistent political attacks. These attacks inadvertently help the organization bolster its defenses against the external threats and trigger internal legitimation processes that reinforce the devotion of its employees to its institutional mission. The rich survey data show how Commission bureaucrats establish themselves as the “custodians of Europe.” The book helps disentangle the complexity of the Commission and makes a contribution to the study of international bureaucracies, a topic that has received little attention.
Article
Despite advances in contemporary research on the ‘European administrative space’ (EAS), no widespread understanding about its meaning, mechanisms and significance yet exists. This contribution offers a comprehensive conceptualization of EAS and takes stock of accumulated lessons learned. The development of EAS can be understood as a process of institutionalization of common administrative capacity at a ‘European level’. The contribution suggests that the rise of EAS can be analytically grasped in terms of three analytical dimensions: independence; integration; and co-optation. Taken together, these dimensions seem to capture central aspects of the integration of public administration in Europe.
Article
A considerable number of theories such as neo-functionalism and neo-institutionalism consider the European Commission a central actor in European Union (EU) politics. Yet, our theoretical understanding of the Commission is still limited. By taking recourse to principal-agent theory, this article argues that the European Commission should be considered neither a technocratic nor an overly independent actor in EU politics. The paper's theoretical focus is on member states' incentives to nominate and appoint particular types of European Commissioners and its likely effects on the Commission's policy preferences. The dataset used to test the theoretical claims was generated by the author for this purpose. It contains the theoretically relevant information on all European Commissioners appointed between 1958 and the present (N = 215) as well as relevant attributes of the nominating governments. I suggest that the Commission should be considered a political rather than a technocratic actor with close political ties to EU member states.
Article
This article examines the conditions under which informal institutional change between EU Treaties becomes formalised in subsequent Treaties. Recent developments in institutional theory show how formal rule changes often result in informal rule adjustments, which feed back into the formal sphere. However, I show how such feedback has not taken place in one of the clearest examples of informal modifications of the EU Treaty, i.e. the way the agenda-setting power of the European Union has developed over time. I explain this phenomenon by developing a simple framework of change and stability, which links EU bargains with day-to-day politics and looks more closely at what determines the incentives of the decision-makers to formalise informal institutional changes. The framework emphasises that whether actors have an incentive to formalise informal changes depends on uncertainty regarding how the informal institutions might be applied, the costs of formalising them and the possible side-effects that such a change might entail. In this case, the informal changes were sufficient for the member states and the Parliament and decreased their willingness to incur the costs and risks of formal changes to the right of initiative, which would significantly affect the institutional balance of the Community.
Article
The European Union is composed of its member states, yet these states have created and delegated increasing powers to a number of supranational organizations, including the executive Commission, the European Court of Justice and the European Parliament. Drawing from principal‐agent analyses of delegation, agency and agenda setting, this book seeks to analyse and explain the delegation of powers by governmental principals to supranational agents, as well as the subsequent role played by those agents in the process of European integration. The book is divided into two parts. The first part of the book analyses the historical and functional patterns of delegation to the Commission, the Court of Justice and the Parliament, suggesting that delegation to the first two is motivated by a desire to reduce the transaction costs of policy‐making, as predicted by principal‐agent models. By contrast, the delegation of powers to the Parliament fits poorly with such models, and primarily reflects the concern of member governments to enhance the democratic legitimacy of the Union. The second part of the book focuses on the role of supranational agents in both the liberalization and re‐regulation of the European market, and suggests that the Commission, Court and Parliament have played a causally important role alongside member governments as the ‘engines of integration’, but that their ability to do so has varied historically and across issue‐areas as a function of the discretion delegated to them by the member governments.
Article
Policy is not made in the electoral arena or in the gladiatorial confrontations of Parliament, but in the netherworld of committees, civil servants, professions, and interest groups. This collection explores the private world of public policy. It provides a survey of the literature on the concept of policy networks and demonstrates its importance for understanding specific policy areas. The case studies cover policy-making in agriculture, civil nuclear power, youth employment, smoking, heart disease, sea defences, information technology, and exchange rate policy. Finally the editors attempt an overall assessment of the utility of the concept, focusing on such questions as why networks change, which interests dominate and benefit from networks, and the consequences of the present system for representative democracy. To describe policy networks is not to condone political oligopoly. Britain has witnessed the substitution of private government for public accountability. The analysis of policy networks draws attention to this erosion of representative democracy and exposes the private government of Britain to public gaze.
Article
What is the scope for autonomous action of the European Commission? Its independence is much more contentious than that of the European Court of Justice, which is generally considered quite autonomous. While the literature on the Commission focuses predominantly on its ability to use its agenda-setting powers, the Commission's other means to influence European integration have been less well established. In this paper, I demonstrate how the Commission can use its role as a guardian of the Treaty to coax the Council of Ministers into action. In addition to agenda setting, the Commission can manipulate the Council's default condition, or change the preferences of some of its member states. Thereby the Commission may achieve decisions from the Council that would not have come about had the Commission only agenda-setting powers at its disposal. Effectively, the Commission here uses the greater autonomy of the European Court strategically for its own ends.
Article
This paper compares legislative dynamics under all procedures in which the Council of Ministers votes by qualified majority (QMV). We make five major points. First, the EU governments have sought to reduce the democratic deficit by increasing the powers of the European Parliament since 1987, whereas they have lessened the legislative influence of the Commission. Under the Amsterdam treaty's version of the codecision procedure, the Parliament is a coequal legislator with the Council, whereas the Commission's influence is likely to be more informal than formal. Second, as long as the Parliament acts as a pro-integration entrepreneur, policy outcomes under consultation, cooperation and the new codecision will be more integrationist than the QMV-pivot in the Council prefers. Third, the pace of European integration may slow down if MEPs become more responsive to the demands of their constituents. Fourth, the EU is evolving into a bicameral legislature with a heavy status quo bias. Not only does the Council use QMV but absolute majority voting requirements and high levels of absenteeism create a de facto supermajority threshold for Parliamentary decisions. Finally, if the differences between the Council and the Parliament concern regulation issues on a traditional left-right axis, the Commission is more likely to be the ally of the Council than the Parliament.
Book
The European Union is composed of its fifteen member governments, yet these governments have chosen repeatedly to delegate executive, judicial and legislative powers and substantial discretion to supranational institutions such as the Commission, the Court of Justice, and the European Parliament. In The Engines of European Integration, the first full-length study of delegation in the European Union and international politics, Mark Pollack draws on principal-agent analyses of delegation, agency and agenda setting to analyze and explain the delegation of powers by governmental principals to supranational agents, and the role played by those agents in the process of European integration. In the first part of the book, Pollack analyses the historical and functional patterns of delegation to the Commission, the Court of Justice, and the Parliament, suggesting that delegation to the first two is motivated by a desire to reduce the transaction costs of EU policymaking, as predicted by principal-agent models, while delegation of powers to the Parliament fits poorly with such models, and primarily reflects a concern by member governments to enhance the democratic legitimacy of the Union. The second part of the book focuses on the role of supranational agents in both the liberalization and the re-regulation of the European market, and suggests that the Commission, Court, and Parliament have indeed played a causally important role alongside member governments as "the engines of integration," but that their ability to do so has varied historically and across issue-areas as a function of the discretion delegated to them by the member governments.
Article
The interplay among intergovernmental and supranational actors is a defining feature of the institutional life of the European Union (EU). Too often, however, these actors are considered independent of each other, and their autonomy is assessed in a vacuum. This is problematic because if there is such a thing as "endogenous preferences" in the EU, it appears exactly through this interdependence of intergovernmental and supranational actors. None of the institutionalist approaches to the EU has come to grips with this fact yet. Based on some very simple gametheoretic ideas, I offer in this article a rationale for "endogenous preferences" and discuss their impact on issues of delegations. Some cursory empirical evidence supports the claims that the preferences of supranational actors are related to those of the actors who select or appoint them. Similarly, the analyses presented here suggest that preferences over delegation to supranational actors are influenced by differences in policy views between principals and agents.
Article
The author provides a public choice-based explanation of why the European Parliament is sometimes influential in the cooperation procedure. While a conservative Parliament can use its right of rejections to block a decision effectively whenever there is no consent in the Council, a Parliament in favor of change can successfully use its amendment right in the second reading whenever the constraints have been changed unexpectedly since the adoption of the common position such as to create an amendment win set. Then, the European Parliament can choose its most preferred policy in this set which is supported by the Commission, cannot be changed by the Council and is preferred against the status quo by a qualified majority in the Council. Copyright 1997 by Kluwer Academic Publishers