IF YOU DON’T
CARE ABOUT
EUROPE,
EUROPE TAKES
CARE OF YOU
Jacques Folon
Partner EDGE CONSULTING
Chargé de cours ICHEC
Maîtr...
EU Lobbying
2
Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the...
What do you think is a lobbyist?
What is lobbying ?
 Latin „lobia“ => lobby, anteroom
 Origin lies in England in the 17th century:
approaching members of...
6
http://www.youtube.com/watch?v=aQ77o706BfM
Nice way to present it
• “ ‘Lobbyist’ has never been a good word. I
grew up in Delaware, and I had to give a
speech (...). There were about 50 gu...
http://www.youtube.com/watch?v=cMKoDiE-PiY&feature=player_embedded#
Country
Rules Governing Lobbyists
Australia As of 1 July 2008 there are national rules in place and a register. Originally...
Hungary Regulation of Lobbying Activity since 2006.
Iceland No statutory rules
Japan No statutory rules
Latvia No statutor...
Serbia No statutory rules
Slovakia No statutory rules
Slovenia No statutory rules
Spain No statutory rules
Sweden No statu...
Table of Content
1. What is lobbying?
2. The EU institutions
• The EU Legislative process
• Why lobbying?
• Who are the lo...
Europe or Europe(s)
Many institutions
• Europe in OECD, WTO,…
• Schengen
• Economic and social comittee
• Committee of the regions
• European ...
EUROPEAN COMMISSION
proposes, manages, regulates
EUROPEAN PARLIAMENT
comments, amends, decides
COUNCIL OF MINISTERS
negoti...
Everything is on the Web
Reminder…
Eight long years
•Laeken declaration 15 December 2001.
•Convention with 3 objectives
• Clarification of competences
• Simp...
• 24/10/2004 constitution signed but …
•Referendum in the Netherlands and France
•Reflexion period …
•Minimal treaty to be...
EU Summit Lisbon 13/12/2007
Then two years of ratification including
Ireland and Polish and Tchek hesitations
1/12/2009 it...
One bloc: the European Union
3 treaties
Lisbon
Maastricht
Rome
The EU is (finally) a legal entity
Lisbon Treaty is 152 pages of
technical jargon modifying the Rome
and Maastricht treaty...
What is new?
O n e p r e s i d e n t o f t h e
European council
(and not the president of
Europe!)
A VP of the Commission
...
Commission
Until 2014 one commissioner
by member state
A f t e r 2 0 1 4 n u m b e r o f
commissioner = 2/3 number
of memb...
Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
• Why lobbying?
• Who are the l...
The legal process
The European Parliament
Direct election
Part of the codecision
Proposals are discussed in commission then in plenary
For each text a rapporteu...
Plenary Room Strasbourg
EU Parliament by political group
Men - women
Committees
•Passing European laws
•In many areas, such as consumer protection and the environment, Parliament works together with the...
Code of Conduct for MEP
• Financial declaration
• MEPs will have to state, publicly and on line, any professional activity...
• Sanctions
• Should the code be breached, and upon a decision by the President after having consulted an
advisory committ...
Commission
• Initiative
• Executive
• Safegard of the treaty
• Represent the Union
• Competition authorithy
Source: touteleurope.eu
Commission’s different
documents
DG/Département Juridique
Action plan
initiatives to come within 12 to 60 months
Green boo...
Development of a proposal
Draft Proposal
from DG Responsible
Inter-service consultation:
Other DGs consulted
Legal
Service...
Council
The basics…
• Consists of Member State representatives
• Meets in different formations according to policy areas (e.g.:
En...
Source: Your Guide to EU Lobbying & Social Media Caroline De Cock
Source: Your Guide to EU Lobbying & Social Media Caroline De Cock
Source: Your Guide to EU Lobbying &
Social Media Caroline De Cock
• Rotating Presidency every
six months
• New role for council
president ?
• In practice, depending on
the Member State eac...
The Council: internal structure
Council of Ministers
COREPER
Council Working Groups
Presidency:
manages process
and
work-f...
Council Working Groups
- Member State Officials
- Attachés
28 Delegations
composed of
Tour de table= 135 minutes
The « compromis à la belge » system
• The H word: Harmonisation.
• What does it means
• Where does it start?
– Your compan...
EU TRIANGLE
Counsel
Member states
Commission
EU Voice
Parliament
Citizen’s voices
Relations entre institutions
PARLEMENT
EUROPEEN
[785 députés]
COMMISSION
EUROPEENNE
[27 commissaires]
COUR DE
JUSTICE
Resp...
OCT 01
EUROPEAN
COMMISSION
EUROPEAN
PARLIAMENT (EP)
COUNCIL OF MINISTERS (EU
MEMBER STATES)
COMMISSION PROPOSAL
EP PLENARY...
Be at the right place at the right time
Stages Addressee for Lobbying
Commission proposal
Council (Working Group, Coreper,...
Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
• Who are the ...
Brussels the place to be !
80% of national law comes from EU
Necessary to be there in order
to anticipate
to be heard on t...
Commission
Lobbyist
Committees
(national experts
and European
Commission)
Committees of the
european Parliament
Permanent
...
Brussels the place to be: everybody is there, so...
Commission Parlement Conseil des Ministres
Services
financiers
FBE, EA...
Veille règlementaire européenne
Direction
juridique
Affaires
Européennes
Direction
stratégiques
Direction
Economique
Ligne...
Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the...
72
http://www.youtube.com/watch?v=UgA5gL_peNI
Lobbies in Brussels
 approx. 5000 organisations representing various
interests
 approx. 30.000 lobbyists
 approx. 30.00...
What are interest groups?
• An interest group (also called
an advocacy group, lobbying
group, pressure group (UK),
or spec...
Lobbying
• Lobbying is an attempt to
influence policy-makers to
adopt a course of action
advantageous, or not
detrimental,...
Theoretical approaches
• Negative ideas on power of interest groups.
• Some authors find the existence of the interest gro...
• Pluralism.
• The main character of a democratic system is
competition of interest.
• Common interests are not what the s...
Theoretical approaches
• Corporatism.
• This theory assumes a close association between state and
interest groups.
• Inter...
Main types of IG’s in the EU
• Private interests, pursuing specific economic
goals
– 1300 (plus 270 law firms and consulta...
Private economic interests
• Most represented
– 150 groups – chemical industry
– 140 groups – food and drink sector
– 88 g...
Private economic interests
• The biggest enterprises are not only
members of different interest groups but
have their own ...
Public interest bodies
• Among the most active are environmental,
public health, human rights, animal
welfare NGOs
• Also ...
Governmental Actors
• 167 Non-EU country embassies
– Mostly try to influence EUs trade and aid
policies
• Delegations from...
Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the...
Council
Adoption
Commission
(amendments)
Parliament
(2nd reading)
Council = Common
Position
COREPER
Council Working Group
...
How to Lobby the council
• Influencing the Council can be done at two levels:
– National governments and ministries
– Perm...
How to lobby the commission
• The Commission is a technocratic body, and officials respond to data and
arguments
• However...
Checklist of key points
• Know your business objective
• Understand the system: its
politics and processes
• Establish the...
Influencing the Enlarged EU:
Conclusions for Business
• Start early in the process
• Mobilise support
• Target the right a...
The Burson-Marsteller
Campaign Model
Checklist: effective EU-Lobbying
• Do I have all and up-to-date information?
• What is my objective? Clear, precise and “E...
Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the...
The	
  results	
  of	
  the	
  Burson-­‐Marsteller	
  
2009	
  Lobbying	
  Survey
Effec%veness	
  of	
  lobbying:	
  Industry	
  vs.	
  NGO
Poor	
  prac(ces	
  frequently	
  commited	
  
Good Lobbyists…(Commission view)
• Provide balanced views
• Target information
• Give practical solutions
• Mobilise other...
Bad Lobbyists…(Commission view)
• Lack understanding of what Commission
can/can’t do
• Don’t compromise
• don’t give facts...
In Conclusion:
Lobbying the EU System
• Integral to EU legislative & regulatory system
• Welcome if conducted in an ethica...
FINAL THOUGHTS…
• « Everybody is a foreigner in Brussels »
• Effectiveness = strategy and performance
• « Networking » is ...
Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the...
Code of conduct
Interest representatives are expected to apply the principles
of openness, transparency, honesty and integ...
RULES : Interest representatives shall always:
1.identify themselves by name and by the entity(ies) they
work for or repre...
Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the...
http://www.youtube.com/watch?v=Ddq9WDo3Aoc
Problems of Lobbying in the EU
• Distorted information is provided to the EU
institutions about the possible economic,
soc...
The legitimacy of interest representation by European
NGOs is sometimes questioned because some NGOs
seem to rely on finan...
And the war is clearly not finished
http://www.alter-eu.org/
Future regulations ?
• Should not be a matter of voluntarily
complying like current EU Commission
• Regulations - codified...
Examples of such rules:
• Register with the state before contact can be made with
public officials,
• Indicate which publi...
• Germany, the EP, the EU Commission, and Poland.
Characteristics:
• Individual registration, but little details given
• D...
• All Canadian jurisdictions, several US states, Lithuania,
Hungary, all Australian jurisdictions and Taiwan.
Characterist...
• America federal and states.
Characteristics:
• Rigorous rules on individual registration
• Recognizes executive branch l...
Lowly Regulated
Systems
Medium Regulated
Systems
Highly Regulated
Systems
Registration
regulations
R u l e s o n i n d i v...
So lobbying will continue to
exist…
And do not imagine it’s not there
Jacques Folon
+ 32 475 98 21 15
Jacques.folon@ichec.be
Jacques.folon@ichec.be
@jacquesfolon
http://fr.slideshare.net/FOLON
http://pinterest.com/jacquesfolon
http://www.scoop.it/...
QUESTIONS ?
Sources and references
• EU commission web site http://europa.eu/index_fr.htm
• Burson marsteller http://www.burson-marste...
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Basics EU lobbying
Upcoming SlideShare
Loading in …5
×

Basics EU lobbying

4,079 views

Published on

Lecture given at ICHEC Brussels Management School, in September 2013

Published in: Education, News & Politics
  • Be the first to comment

  • Be the first to like this

Basics EU lobbying

  1. 1. IF YOU DON’T CARE ABOUT EUROPE, EUROPE TAKES CARE OF YOU Jacques Folon Partner EDGE CONSULTING Chargé de cours ICHEC Maître de conférences Université de Liège Visiting Professor Université de Metz Visiting Professor ISFSC, HE F.Ferrer Basics of EU Lobbying
  2. 2. EU Lobbying 2
  3. 3. Table of Content 1. What is lobbying? 2. The EU institutions 3. The EU Legislative process 4. Why lobbying? 5. Who are the lobbyists? 6. How to lobby? 7. What do the lobbied think ? 8. The lobbyist’s code of conduct 9. There are still some open questions
  4. 4. What do you think is a lobbyist?
  5. 5. What is lobbying ?  Latin „lobia“ => lobby, anteroom  Origin lies in England in the 17th century: approaching members of Parliament in the anteroom of the English House of Commons  „Practice of advocacy with the goal of influencing the legislative of executive bodies by promoting a point of view that is conducive to an individual's or organization's goals”  Negative connotation, but political reality
  6. 6. 6 http://www.youtube.com/watch?v=aQ77o706BfM Nice way to present it
  7. 7. • “ ‘Lobbyist’ has never been a good word. I grew up in Delaware, and I had to give a speech (...). There were about 50 guys who all knew my family very well, and I said, ‘because of the work I do, I am a registered lobbyist, but please do not tell my mother. She still thinks I’m a piano player at a whorehouse and would be horrified to find out I was a lobbyist’ • Anonymous US lobbyist • “The lobbyist’s book of quotes“, by Ch. de Fouloy.
  8. 8. http://www.youtube.com/watch?v=cMKoDiE-PiY&feature=player_embedded#
  9. 9. Country Rules Governing Lobbyists Australia As of 1 July 2008 there are national rules in place and a register. Originally formulated and implemented in the 1980s, lobbying rules were then abandoned in 1996. Western Australia (2006), New South Wales (2009), Queensland (2009) Austria No statutory rules Belgium No statutory rules Bosnia and Herzegovina No statutory rules Canada Federal Level: Rules and Register since the Lobbyists Registration Act of 1989, amended in 1995, 2003 and 2008. Provincial Level: Lobbying regulations exist in Ontario (1998); Nova Scotia (2001); British Columbia (2001); Quebec (2002); Newfoundland (2005) and Alberta (2007). Coratia No statutory rules Denmark No statutory rules Estonia No statutory rules EU: European Parliament Regulated by Rule 9(2) of the Rules of Procedure, 1996. EU: Commission Before 2008, ‘self-regulation’ was the model adopted by the Commission. However, as of 23 June, 2008, the Commission opened a voluntary register of interest representations. EU: Council No statutory rules France Indicated its aim to introduce a voluntary parliamentary run register – July 2009. Germany Regulation and registration through rules of procedure of the Bundestag in 1951; later amended in 1975 and 1980. Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010
  10. 10. Hungary Regulation of Lobbying Activity since 2006. Iceland No statutory rules Japan No statutory rules Latvia No statutory rules Lithuania Regulation since 2001. Luxembourg No statutory rules India No statutory rules Ireland No statutory rules Italy No statutory rules at national level. Nevertheless, regional schemes have been introduced in the Consiglio regionale della Toscana in 2002 and Regione in 2004. Japan No statutory rules Malta No statutory rules Netherland No statutory rules New Zealand No statutory rules Norway No statutory rules Poland Regulations since 2005. Portugal No statutory rules Rep Korea No statutory rules Romania No statutory rules Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010
  11. 11. Serbia No statutory rules Slovakia No statutory rules Slovenia No statutory rules Spain No statutory rules Sweden No statutory rules Taiwan Lobbying Act passed on 8/8/2007, came into force on 8/8/2008. Turkey No statutory rules U n i t e d Kingdom No statutory rules in either Commons or House of Lords. United States Federal Level: The Lobbying Act 1946, amended in 1995 and 2007. State Level: All states have lobbying regulations. Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010
  12. 12. Table of Content 1. What is lobbying? 2. The EU institutions • The EU Legislative process • Why lobbying? • Who are the lobbyists? • How to lobby? • What do the lobbied think ? • The lobbyist’s code of conduct • There are still some open questions
  13. 13. Europe or Europe(s)
  14. 14. Many institutions • Europe in OECD, WTO,… • Schengen • Economic and social comittee • Committee of the regions • European Investment bank • European environment Agency • Europol • Group of 27 • Etc…
  15. 15. EUROPEAN COMMISSION proposes, manages, regulates EUROPEAN PARLIAMENT comments, amends, decides COUNCIL OF MINISTERS negotiates, decides MEMBER STATE implements EUROPEAN COURT adjudicates ECONOMIC AND SOCIAL COMMITTEE represents economic and social groups COMMITTEE OF THE REGIONS represents local governments EUROPEAN COUNCIL sets the agenda The EU Institutions
  16. 16. Everything is on the Web
  17. 17. Reminder…
  18. 18. Eight long years •Laeken declaration 15 December 2001. •Convention with 3 objectives • Clarification of competences • Simplification • more democracy and transparency
  19. 19. • 24/10/2004 constitution signed but … •Referendum in the Netherlands and France •Reflexion period … •Minimal treaty to be signed before the end of 2007
  20. 20. EU Summit Lisbon 13/12/2007 Then two years of ratification including Ireland and Polish and Tchek hesitations 1/12/2009 it is done !
  21. 21. One bloc: the European Union 3 treaties Lisbon Maastricht Rome
  22. 22. The EU is (finally) a legal entity Lisbon Treaty is 152 pages of technical jargon modifying the Rome and Maastricht treaty 13 protocoles 59 declarations Remember it was supposed to be simple !!!!!
  23. 23. What is new? O n e p r e s i d e n t o f t h e European council (and not the president of Europe!) A VP of the Commission high representative for external affairs and security More competences for the EU Parliament More codecision Sort of referendum (one million eu citizens)
  24. 24. Commission Until 2014 one commissioner by member state A f t e r 2 0 1 4 n u m b e r o f commissioner = 2/3 number of member states More powers for the president of the commission (by i n s t a n c e t o f i r e o n e commissioner).
  25. 25. Table of Content 1. What is lobbying? 2. The EU institutions 3. The EU Legislative process • Why lobbying? • Who are the lobbyists? • How to lobby? • What do the lobbied think ? • The lobbyist’s code of conduct • There are still some open questions
  26. 26. The legal process
  27. 27. The European Parliament
  28. 28. Direct election Part of the codecision Proposals are discussed in commission then in plenary For each text a rapporteur within the committee « shadow rapporteur » for each political group Rapporteur and « shadow rapporteurs » from other committee A « coordinator » in each political group
  29. 29. Plenary Room Strasbourg
  30. 30. EU Parliament by political group
  31. 31. Men - women
  32. 32. Committees
  33. 33. •Passing European laws •In many areas, such as consumer protection and the environment, Parliament works together with the Council (representing national governments) to decide on the content of EU laws and officially adopt them. This process is called "Ordinary legislative procedure" (ex "co-decision"). •Under the Lisbon Treaty, the range of policies covered by the new ordinary legislative procedure has increased, giving Parliament more power to influence the content of laws in areas including agriculture, energy policy, immigration and EU funds. •Parliament must also give its permission for other important decisions, such as allowing new countries to join the EU. •Democratic supervision •Parliament exercises influence over other European institutions in several ways. •When a new Commission is appointed, its 27 members – one from each EU country – cannot take up office until Parliament has approved them. If the Members of the European Parliament disapprove of a nominee, they can reject the entire slate. •Parliament can also call on the Commission to resign during its period in office. This is called a 'motion of censure’. •Parliament keeps check on the Commission by examining reports it produces and by questioning Commissioners. Its committees play an important part here. •MEPs look at petitions from citizens and sets up committees of inquiry. •When national leaders meet for European Council summits, Parliament gives its opinion on the topics on the agenda. •Supervising the budget •Parliament adopts the EU’s annual budget with the Council of the European Union. •Parliament has a committee that monitors how the budget is spent, and every year passes judgement on the Commission's handling of the previous year's budget.
  34. 34. Code of Conduct for MEP • Financial declaration • MEPs will have to state, publicly and on line, any professional activity performed during the three years before their election, as well as any membership of any board of companies, NGOs and/or associations held during that period or currently. • Any remunerated activity undertaken during the term of office, including writing, lecturing and providing expert advice, even if occasional, will have to be made public if it earns more than €5,000 a year. • Financial support of any nature and any financial interest that may cause a conflict of interests will also have to be disclosed. Any change to the declaration must be notified within 30 days and in the event of failure, the member will no longer be eligible to hold offices within Parliament.
  35. 35. • Sanctions • Should the code be breached, and upon a decision by the President after having consulted an advisory committee, a member may be sanctioned with a reprimand, a forfeiture of the daily allowance from two up to ten days, temporary suspension from Parliament's activities (not including the right to vote) for a maximum of 10 days, or the loss of the role of rapporteur or other elected offices within Parliament (for the latter two sanctions, a confirmatory decision by the President is needed). Any such sanctions will be published on Parliament's web site. • Former MEPs • Former MEPs who subsequently work as lobbyists in a field directly linked to EU affairs will not benefit from the facilities otherwise provided, during the time of such activity. • Advisory committee
  36. 36. Commission
  37. 37. • Initiative • Executive • Safegard of the treaty • Represent the Union • Competition authorithy
  38. 38. Source: touteleurope.eu
  39. 39. Commission’s different documents DG/Département Juridique Action plan initiatives to come within 12 to 60 months Green book open document subject to discussions White book document with a claer goal subject to discussion Communication ideas subject to discussions Directive Must be transformed in national law Reglement immediately applicable in the member states
  40. 40. Development of a proposal Draft Proposal from DG Responsible Inter-service consultation: Other DGs consulted Legal Services Examination Heads of Cabinet Commission College: Adoption of the Proposal
  41. 41. Council
  42. 42. The basics… • Consists of Member State representatives • Meets in different formations according to policy areas (e.g.: Environment, Agriculture, Health) • Main decision-making body of EU – Co-legislator with Parliament – Concludes international agreements on behalf of EU • Decision making: – Decisions by qualified majority with system of weighted votes – Shifting alliances – Slowing down with 27 Member States
  43. 43. Source: Your Guide to EU Lobbying & Social Media Caroline De Cock
  44. 44. Source: Your Guide to EU Lobbying & Social Media Caroline De Cock
  45. 45. Source: Your Guide to EU Lobbying & Social Media Caroline De Cock
  46. 46. • Rotating Presidency every six months • New role for council president ? • In practice, depending on the Member State each Presidency is different and quality varies EU Council Presidency
  47. 47. The Council: internal structure Council of Ministers COREPER Council Working Groups Presidency: manages process and work-flow Input from Member States
  48. 48. Council Working Groups - Member State Officials - Attachés 28 Delegations composed of Tour de table= 135 minutes
  49. 49. The « compromis à la belge » system • The H word: Harmonisation. • What does it means • Where does it start? – Your company – Your region compromise 1 – Your country compromise 2 – Your national federation compromise 3 – The eu organization compromise 4 – The co-decision compromise 5 – The various lobbies compromise 6 – The final text compromise 7 – The implementation compromise 8 – That’s harmonization folks…
  50. 50. EU TRIANGLE Counsel Member states Commission EU Voice Parliament Citizen’s voices
  51. 51. Relations entre institutions PARLEMENT EUROPEEN [785 députés] COMMISSION EUROPEENNE [27 commissaires] COUR DE JUSTICE Respect du droit communautaire Proposition Exécution CONSEIL EUROPEEN [Chefs d ’Etat et de gouvernement + le Président de la Commission] Impulsion politique COMITE ECONOMIQUE ET SOCIAL COMITE DES REGIONS COUR DES COMPTES Consultation Contrôle des Finances communautaires CONSEIL DES MINISTRES [27 pays] Contrôle Vote
  52. 52. OCT 01 EUROPEAN COMMISSION EUROPEAN PARLIAMENT (EP) COUNCIL OF MINISTERS (EU MEMBER STATES) COMMISSION PROPOSAL EP PLENARY VOTE (1st READING) COUNCIL ADOPTS COMMON POSITION (1st STAGE AGREEMENT) OCT 02 NOV 03 COUNCIL AGREES AND ADOPTS COREPER REJECTS SOME EP AMENDMENTS EP AND COUNCIL MEET TO NEGOTIATE COMPROMISE TEXT (CONCILIATION PROCEDURE) DIRECTIVE IS ADOPTED REJECTION JAN 04 OCT 02 MEMBER STATES IMPLEMENT DIRECTIVE INTO NATIONAL LEGISLATION / REQUIREMENTS OF REGULATION BECOME APPLICABLE EP COMMITTEES DISCUSS DRAFT REPORT/OPINIONS OCT 03 DEC 03 COMMISSION AMENDED PROPOSAL FEB-APRIL 04 MAY 02 EP ENVIRONMENT COMMITTEE VOTE EP ENVIRONMENT COMMITTEE DISCUSSION EP PLENARY VOTE (2nd READING) EP ENVIRONMENT COMMITTEE VOTE EC EP EP EP EP EP EP EP EP ENVIRONMENT COMMITTEE RECEIVES COMMON POSITION (2nd READING) JAN 04 EP No later than 18 months after adoption CL FEB 04 OCT 01EP EC: Commission CL: Council EP: Parliament RAPPORTEURS TABLE DRAFT REPORTS/OPINIONS TRIALOGUE (EP, COM, COUNCIL) RAPPORTEURS APPOINTED NOV 03CL DEADLINE FOR AMENDMENTS CL JUNE 03 HEALTH WORKING GROUP MEETINGS JAN 04EC COUNCIL HEALTH WORKING GROUP INTENSE NEGOTIATIONS COMMISSION AMENDED PROPOSAL Co-Decision is now the norm
  53. 53. Be at the right place at the right time Stages Addressee for Lobbying Commission proposal Council (Working Group, Coreper, Council of Ministers) - First Reading European Parliament First reading Common Position of the Council European Parliament – second reading poss. Conciliation procedure–3rd reading Adoption of legislation Consultation I. Working/Strategy Paper II. Green/White Book, Communication III. Online Consultation IV. Hearing Attending hearing European Commission Addressing author of documents Responsible National Ministry MEP’s in responsible committee, Rapporteur (Commission) Attending hearing (poss. Hearing of experts) Responsible National Ministry MEP’s in responsible committee Rapporteur Rapporteur Responsible National Ministry
  54. 54. Table of Content 1. What is lobbying? 2. The EU institutions 3. The EU Legislative process 4. Why lobbying? • Who are the lobbyists? • How to lobby? • What do the lobbied think ? • The lobbyist’s code of conduct • There are still some open questions
  55. 55. Brussels the place to be ! 80% of national law comes from EU Necessary to be there in order to anticipate to be heard on time
  56. 56. Commission Lobbyist Committees (national experts and European Commission) Committees of the european Parliament Permanent Representation to the European inst. Council‘s Working Groups European Parliament European Economic and Social Committee COREPER Lobbyist Council European Court of Justice Member States EU-citizens Lobbyist Opinion Opinion Proposal Opinion Opinion Directive Regulation EU – Legislative proces and the lobbyists Lobbyist
  57. 57. Brussels the place to be: everybody is there, so... Commission Parlement Conseil des Ministres Services financiers FBE, EACB, ESBG, GEBC, EUROFINAS, EFAMA, CEA, …) Think tanks (Eurofi, Bruegel, CEPS, EPC, …) Consultants en Affaires UE & cabinets d’avocat Medias & journaux Syndicats d’industrie locaux (MEDEF, FBF, AFG, …) Secteur privé (Crédit Agricole S.A., Daimler Chrysler, …) Les régions & Collectivités locales ONG Organisations Internationales (NUs, Banque Mondiale, …) Chambres de commerce et d’industrie Groupes de Consommateurs (BEUC) Représentations des Etats membres Syndicats de branche d’activité (Business Europe, EBIC, ACEA, CEFIC, …) Syndicats de Travailleurs (ETUC, …)
  58. 58. Veille règlementaire européenne Direction juridique Affaires Européennes Direction stratégiques Direction Economique Lignesde métier Syndicats d’industrie (FBE, FBF, EACB, GEBC, Eurofinas, …) Think tank Consultants spécialisés Affaires UE Medias & journaux Institutions Européennes Correspondant à Bruxelles
  59. 59. Table of Content 1. What is lobbying? 2. The EU institutions 3. The EU Legislative process 4. Why lobbying? 5. Who are the lobbyists? • How to lobby? • What do the lobbied think ? • The lobbyist’s code of conduct • There are still some open questions
  60. 60. 72 http://www.youtube.com/watch?v=UgA5gL_peNI
  61. 61. Lobbies in Brussels  approx. 5000 organisations representing various interests  approx. 30.000 lobbyists  approx. 30.000 commission officials (40% of them are translators and interpreters)  Almost 1 lobbyist per commission official
  62. 62. What are interest groups? • An interest group (also called an advocacy group, lobbying group, pressure group (UK), or special interest) is a group, however loosely or tightly organized, doing advocacy: those determined to encourage or prevent changes in public policy without trying to be elected.
  63. 63. Lobbying • Lobbying is an attempt to influence policy-makers to adopt a course of action advantageous, or not detrimental, to a particular group or interest. • A lobbyist is a person employed by a group, firm, region or country to carry
  64. 64. Theoretical approaches • Negative ideas on power of interest groups. • Some authors find the existence of the interest groups as disturbing democratic process. • For these Authors, powerful groups dominate politics and impose their own interests at the extend of common interests. • Different from political parties, they are not aspiring for formal political power both in the government or in the parliament. • As such they are not subject to democratic control (via election). They participate in the political process through lobbies with representatives and government officials.
  65. 65. • Pluralism. • The main character of a democratic system is competition of interest. • Common interests are not what the state defines, but a result of political bargaining in the society, in the diversity of interests represented by various autonomous interest groups. Theoretical approaches
  66. 66. Theoretical approaches • Corporatism. • This theory assumes a close association between state and interest groups. • Interest groups within this system have special characteristics: officially recognised, monopoly of representation within particular sectors. • It is political participation of different style or, more appropriately, part of a regulation system rather than competitive participation in the political process. • It does not reflect the influence of the society’s interests. Rather it reflects the problems of conflicts of society’s interests
  67. 67. Main types of IG’s in the EU • Private interests, pursuing specific economic goals – 1300 (plus 270 law firms and consultancies) • Public interest bodies, pursuing non-economic aims – 300 (plus 40 think tanks) • Governmental actors, representing different levels of government but not forming part of the national administration of member states – 360 (embassies, regional bureaus, cities)
  68. 68. Private economic interests • Most represented – 150 groups – chemical industry – 140 groups – food and drink sector – 88 groups – agriculture and fisheries • Best represented – Pan-european groups: – Business Europe – European Trades Union Confederation (ETUC) – Committee of Agricultural Organizations (COPA) – They also participate in the Economic and Social Committee of the European Commission
  69. 69. Private economic interests • The biggest enterprises are not only members of different interest groups but have their own lobbying offices in Brussels (Philips, IBM, Philip Morris) • 320 major European enterprises have full- time EU public affairs directors • Chambers of commerce don’t come only from EU countries but also from the US, Turkey, Norway, Morocco, or the Philippines
  70. 70. Public interest bodies • Among the most active are environmental, public health, human rights, animal welfare NGOs • Also includes think tanks • Many smaller organizations actually get funding by the EU
  71. 71. Governmental Actors • 167 Non-EU country embassies – Mostly try to influence EUs trade and aid policies • Delegations from local authorities or regional bodies: German Länder, Scottish Executive, … – some of the delegations are cross-border enterprises
  72. 72. Table of Content 1. What is lobbying? 2. The EU institutions 3. The EU Legislative process 4. Why lobbying? 5. Who are the lobbyists? 6. How to lobby? 7. What do the lobbied think ? 8. The lobbyist’s code of conduct 9. There are still some open questions
  73. 73. Council Adoption Commission (amendments) Parliament (2nd reading) Council = Common Position COREPER Council Working Group Commission proposal 24/30months Com m ission involvem entthroughout Conciliation EP/Council Commission (revision) Parliament (1st reading) Council Working Group The Lobbying pyramid
  74. 74. How to Lobby the council • Influencing the Council can be done at two levels: – National governments and ministries – Permanent representations in Brussels • Important to build support around an issue in enough member states so as to ensure a majority or a blocking minority • Lobbying the government is key in order to influence the Council’s position
  75. 75. How to lobby the commission • The Commission is a technocratic body, and officials respond to data and arguments • However, when lobbying you need to be aware of different DGs’ political priorities, and those of the Commissioner • One DG is responsible for a dossier, but agreement is reached by the Commission as a whole and different DGs interact throughout out the adoption process of a proposal • Within the same DG, it is important to work your way up the Commission’s structure: from the policy officer to the head of unit, to the Director and finally the Cabinet. • The right moment to influence the Commission is when they are in process of drafting the proposal • During the adoption of legislation the Commission is present at each stage of the discussions and a key player, do not underestimate its influence
  76. 76. Checklist of key points • Know your business objective • Understand the system: its politics and processes • Establish the right lobbying objective • Obtain good intelligence • Review and revise strategy in real-time • It is a process – start early and follow through • Consistency and co-ordination are keywords • Contact is key – with politicians, officials, others • Build relationships
  77. 77. Influencing the Enlarged EU: Conclusions for Business • Start early in the process • Mobilise support • Target the right actors • Build and maintain relationships • Increase focus on the EP • Watch out for a “multi-speed Europe”
  78. 78. The Burson-Marsteller Campaign Model
  79. 79. Checklist: effective EU-Lobbying • Do I have all and up-to-date information? • What is my objective? Clear, precise and “European” arguments, anticipate counter-arguments • Who is my target group? Technical or political level? • Language? • How do I communicate my position? Conversation, position paper, public consultation, media? • When is the best time? In time before and during formal decision process.
  80. 80. Table of Content 1. What is lobbying? 2. The EU institutions 3. The EU Legislative process 4. Why lobbying? 5. Who are the lobbyists? 6. How to lobby? 7. What do the lobbied think ? • The lobbyist’s code of conduct • There are still some open questions
  81. 81. The  results  of  the  Burson-­‐Marsteller   2009  Lobbying  Survey
  82. 82. Effec%veness  of  lobbying:  Industry  vs.  NGO
  83. 83. Poor  prac(ces  frequently  commited  
  84. 84. Good Lobbyists…(Commission view) • Provide balanced views • Target information • Give practical solutions • Mobilise other interest groups • Don’t waste time • Work in partnership with officials • React to requests • Keep in touch • Make timely interventions • Lobby EU capitals as well as Brussels
  85. 85. Bad Lobbyists…(Commission view) • Lack understanding of what Commission can/can’t do • Don’t compromise • don’t give facts and figures • Intervene too late • Bombard officials with E-mails • Are aggressive • Provide general information • Are unfocused • Rely on one-off contacts
  86. 86. In Conclusion: Lobbying the EU System • Integral to EU legislative & regulatory system • Welcome if conducted in an ethical manner • Effective if intelligent and professional • Influence a function of interests represented
  87. 87. FINAL THOUGHTS… • « Everybody is a foreigner in Brussels » • Effectiveness = strategy and performance • « Networking » is the differentiating factor • “Trust” is the essential personal asset
  88. 88. Table of Content 1. What is lobbying? 2. The EU institutions 3. The EU Legislative process 4. Why lobbying? 5. Who are the lobbyists? 6. How to lobby? 7. What do the lobbied think ? 8. The lobbyist’s code of conduct • There are still some open questions
  89. 89. Code of conduct Interest representatives are expected to apply the principles of openness, transparency, honesty and integrity, as legitimately expected of them by citizens and other stakeholders.Similarly, Members of the Commission and staff are bound by strict rules ensuring their impartiality. The relevant provisions are public and contained in the Treaty establishing the European Community, the Staff Regulations, the Code of Conduct for Commissioners and the Code of good administrative behaviour.
  90. 90. RULES : Interest representatives shall always: 1.identify themselves by name and by the entity(ies) they work for or represent; 2.not misrepresent themselves as to the effect of registration to mislead third parties and/or EU staff; 3.declare the interests, and where applicable the clients or the members, which they represent; 4.ensure that, to the best of their knowledge, information which they provide is unbiased, complete, up-to-date and not misleading; 5.not obtain or try to obtain information, or any decision, dishonestly; 6.not induce EU staff to contravene rules and standards of behaviour applicable to them; 7.if employing former EU staff, respect their obligation to abide by the rules and confidentiality requirements which apply to them.
  91. 91. Table of Content 1. What is lobbying? 2. The EU institutions 3. The EU Legislative process 4. Why lobbying? 5. Who are the lobbyists? 6. How to lobby? 7. What do the lobbied think ? 8. The lobbyist’s code of conduct 9. There are still some open questions
  92. 92. http://www.youtube.com/watch?v=Ddq9WDo3Aoc
  93. 93. Problems of Lobbying in the EU • Distorted information is provided to the EU institutions about the possible economic, social or environmental impact of draft legislative proposals. • Modern communication technologies (internet and e-mail) make it easy to organise mass campaigns for or against a given cause, without the EU institutions being able to verify to what extent these campaigns reflect the genuine concerns of EU citizens.
  94. 94. The legitimacy of interest representation by European NGOs is sometimes questioned because some NGOs seem to rely on financial support from the EU budget as well as on political and financial support from their members. • By contrast, according to many NGOs, there is no level playing field in lobbying because the corporate sector is able to invest more financial resources in lobbying. • In general terms, there is criticism about the lack of information about the lobbyists active at EU level, including the financial resources which they have at their disposal.
  95. 95. And the war is clearly not finished http://www.alter-eu.org/
  96. 96. Future regulations ? • Should not be a matter of voluntarily complying like current EU Commission • Regulations - codified, formal rules passed by government and written in law that is enforced and must be respected. • Noncompliance results in penalisation, fines or jail. Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010
  97. 97. Examples of such rules: • Register with the state before contact can be made with public officials, • Indicate which public actors the lobbyist intends to influence, • Provide state with individual/employer spending reports • Have a publicly available list with lobbyists details available for citizens to scrutinize, • Former legislators cannot immediately become lobbyists once they have left public office (‘cooling off’ period). Theoretical justification is based on ensuring transparency and accountability. Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010
  98. 98. • Germany, the EP, the EU Commission, and Poland. Characteristics: • Individual registration, but little details given • Does not recognize executive branch lobbyists. • No rules on individual spending disclosure. • Weak system for on-line registration • Lobbyists lists are available to the public, but not all details collected/ given • No Cooling-Off period – exception Poland and EU Commission. Lowly Regulated Systems Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010
  99. 99. • All Canadian jurisdictions, several US states, Lithuania, Hungary, all Australian jurisdictions and Taiwan. Characteristics: • Individual registration more detailed • Recognizes executive branch lobbyists - exception Hungary • Some regulations on individual spending disclosures - exception Australia federal • On-line registration (Ontario very efficient ) • Public access to frequently updated lobbying register • State agency conducts mandatory reviews/audits • Cooling off period before former legislators can register as lobbyists - exception Hungary. Medium Regulated Systems Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010
  100. 100. • America federal and states. Characteristics: • Rigorous rules on individual registration • Recognizes executive branch lobbyists • Strong regulations on individual spending disclosure • Strong regulations on employer spending disclosure • On-line registration • Public access to frequently updated lobbying register • State agency conducts mandatory reviews/audits – with statutory penalties for late/incomplete filing of registration form. • Cooling off period before former legislators can register as lobbyists Highly Regulated Systems Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010
  101. 101. Lowly Regulated Systems Medium Regulated Systems Highly Regulated Systems Registration regulations R u l e s o n i n d i v i d u a l registration, but few details required R u l e s o n i n d i v i d u a l registration, more details required R u l e s o n i n d i v i d u a l registration are extremely rigorous Targets of Lobbyists Defined Only members of the legislature and staff Members of the legislature and staff; executive and staff; agency heads and public servants/officers Members of the legislature and staff; executive and staff; agency heads and public servants/officers Spending disclosure No rules on individual spending disclosure, or e m p l o y e r s p e n d i n g disclosure S o m e r e g u l a t i o n s o n i n d i v i d u a l s p e n d i n g disclosure; none on employer spending disclosure Ti g h t r e g u l a t i o n s o n i n d i v i d u a l s p e n d i n g disclosure, and employer spending disclosure Electronic filing Weak on-line registration and paperwork required Robust system for on-line registration, no paperwork necessary Robust system for on-line registration, no paperwork necessary Public access List of lobbyists available, but not detailed, or updated frequently List of lobbyists available, detailed, and updated frequently List of lobbyists and their s p e n d i n g d i s c l o s u r e s available, detailed, and updated frequently Enforcement L i t t l e e n f o r c e m e n t capabilities invested in state agency In theory state agency possesses enforcement c a p a b i l i t i e s , t h o u g h infrequently used State agency can, and does, conduct mandatory reviews / audits Revolving door provision No cooling off period before former legislators can register as lobbyists There is a cooling off period before former legislators can register as lobbyists There is a cooling off period before former legislators can register as lobbyists
  102. 102. So lobbying will continue to exist…
  103. 103. And do not imagine it’s not there
  104. 104. Jacques Folon + 32 475 98 21 15 Jacques.folon@ichec.be
  105. 105. Jacques.folon@ichec.be @jacquesfolon http://fr.slideshare.net/FOLON http://pinterest.com/jacquesfolon http://www.scoop.it/u/jacques-folon https://www.facebook.com/folon.jacques http://jacquesfolon.tumblr.com/ http://www.linkedin.com/in/folon
  106. 106. QUESTIONS ?
  107. 107. Sources and references • EU commission web site http://europa.eu/index_fr.htm • Burson marsteller http://www.burson-marsteller.com/default.aspx • http://www.euractiv.com/fr/ • http://www.lobbying-europe.com/ • Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010 •

×