Agency Escape: Decentralization or Dominance of the European Commission in the Modernization of Competition Policy?

The "modernization" reforms of European antitrust are summarized and interpreted. The article uses principal–agent analysis enhanced by socio-institutional insights. The reforms in policy implementation are of historic importance. While they appear to promise decentralization to national competition authorities, more sophisticated analysis points to an increase in the centralized power of the Commission. The novel instrument of a supranational European Competition Network creates a redesigned relationship between the Commission and the member states that carries high risks of incoherence. Modernization driven by a legal epistemic community carries a less obvious risk that increased power of competition policy will unduly reinforce liberal market disciplines through a juridification of the European competition regime.     

Expert network interaction in the European Medicines Agency

The need for supranational regulatory capacity and the drive for governmental control are two colliding forces in international governance. As a solution to this governance dilemma, European administrative networks need to simultaneously fulfill the demand for supranational institutions and maintain governmental control. The assessment of risks associated with medicines authorized on the European market is carried out by such a network of national regulators as part of the European Medicines Agency. To uncover how these double-hatted experts navigate the opportunity structures created by supranational and intergovernmental forces, this study employs social network analysis. Developing exponential random graph models, this study tests to what extent members can act as professional experts in service of the supranational administration and to what extent national features shape interaction. The results indicate that while PRAC members are socialized as professionals in service of supranational deliberation on pharmacovigilance, intergovernmental forces do structure their interactions.     

The creation of neo-liberal corporate bias in transnational medicines control: The industrial shaping and interest dynamics of the European regulatory state

Abstract. Drawing on the political theories of corporatism, neo–liberalism and pluralism, and on comparative empirical research in Brussels, Germany, Sweden and the UK, this article conceptualises the nature of Europeanised medicines regulation. It argues that a marketisation of regulation has been established in the European Union as a result of competition between national regulatory agencies for 'regulatory business' from the pharmaceutical industry. In the pharmaceuticals sector the Europeanised regulatory state is a product of three key factors: (a) the European Commission's commitment to an 'efficiency' regime which would meet the political objectives of a single European market and the commercial agendas of transnational pharmaceutical companies, (b) the endemic corporate bias associated with medicines regulation in the most influential member states, and (c) the considerable success of neo–liberal politics across a number of major member states, including Germany, Sweden and the United Kingdom.     

The Political Foundations of the Eurocracy

This article explores the politics behind the design of EU regulatory institutions. The EU has established an extensive ‘Eurocracy’ outside of the Commission hierarchy, including over 30 European agencies and a number of networks of national regulatory authorities (NRAs). The article examines the politics of institutional choice in the EU, explaining why EU policy-makers create agencies in some policy areas, while opting for looser regulatory networks in others. It shows that the design of EU regulatory institutions – ‘the Eurocracy’ – is driven not by functional imperatives but by political considerations related to distributional conflict and the influence of supranational actors.     

Do markets enhance convergence on international standards? The case of financial regulation

Why do countries that did not participate in the establishment of international standards converge on them in the absence of external coercion? The market‐based perspective asserts that market forces enhance cross‐national convergence on international standards. This paper challenges the market‐based perspective, focusing on compliance with the 1988 Basel Capital Accord in South Korea and Taiwan. First, it argues that adoption of the Basel Capital Accord by these countries was mainly driven by their regulatory authorities’ concern about the potential risk of foreign market closure to noncompliant banks. Second, it demonstrates that enforcement by the two countries’ regulatory authorities was crucial in ensuring compliance. These findings suggest that national regulatory authorities are still key actors in voluntary convergence on international standards.     

The Launching of the EMS: An Analysis of Change in Foreign Economic Policy

Foreign exchange markets are subject to changing international regimes. When and why regimes change is a legitimate focus of political study. This is particularly so as shifts in foreign exchange markets modify relative prices in and between national economies. Authorities presiding over foreign exchange markets are answerable to their national policy communities and to their national electorates. They also operate within an international state system. Applying John S. Odell's framework to an analysis of the launch of the European Monetary System (EMS) in April 1978 by Chancellor Schmidt and President Giscard d'Estaing, it is argued that a market perspective alone would have failed to predict the establishment of the EMS. An analysis of the principal actors and their ideas; of the power political constellation; and of the domestic context in the Federal Republic and in France, contributes most to explaining ex post the shift towards a European managed exchange rate regime. In this case, the neoclassical M arket perspective provided erroneous, inadequate and subsidiary explanations. The article suggests that foreign exchange policy and therefore global financial markets belong firmly in the realm of international and comparative political studies. They are too important to be left to economists alone.     

Varieties of consumer credit data regimes: A regulatory governance approach

Credit markets are expanding, and with them also the automated, large‐scale commercialization of personal credit data. The increasing use of data and scores for commodified decision making lends greater urgency to the study of credit data regulatory regimes. This article promotes a comparative regulatory governance perspective as the basis for theory‐driven, multidimensional measurement. In order to measure consumer protection, we distinguish three different subregimes (collection, profiling, and use) and construct a two‐dimensional index of consumer protection (market restriction and user empowerment). We then assess the index and demonstrate its applicability and validity, building on empirical analysis of the regulatory regimes in the United States, France, Sweden, and Israel for the year 2019. Our approach points to a new direction in researching and measuring regulatory regimes in a comparative manner, which looks beyond national analysis toward an in‐depth understanding of other, equally important, levels of variation.     

Business–Regulatory Relations: Learning to Play Regulatory Games in European Utility Markets

Although regulation is on the rise in the European Union, the liberalization of the telecommunication and energy markets has not created a uniform European Regulatory model. The principle focus of this article is to examine the interaction and regulatory learning between national regulatory authorities and business in the U.K. and German utility markets to assess the degree of convergence and demonstrate how the regulatory relationship has evolved beyond that envisaged in the initial delegation of powers to the regulator. The article shows that independent regulatory authorities have moved from distant and often confrontational relationships with business to strategic working relationships driven by exchanges of information and reputation building and that regulatory learning and trust have evolved at distinct speeds in sectors and countries depending on the number of regulatory authorities in a market place, the degree to which there are concurrent powers between authorities, their discretion in the consultation process, and the length of time that regulatory authorities had existed. Consequently, significant variance is continuously seen in the business—regulator relationships in comparing the young legalist German regulatory authorities with the established independent and discretion-based regulators in the U.K.     

Legitimacy through targeted transparency? Regulatory effectiveness and sustainability of lobbying regulation in the European Union

Regulating interest groups’ access to decision makers constitutes a key dimension of legitimate and accountable systems of government. The European Union explicitly links lobbying regulation with the democratic credentials of its supranational system of governance and proposes transparency as a solution to increase legitimacy and regulate private actors’ participation in policy making. This lobbying regulation regime consists of a Transparency Register that conditions access to decision makers upon joining it and complying with its information disclosure requirements. The extent to which transparency‐based regulatory regimes are successful in ensuring effective regulation of targeted actors and in being recognised as a legitimate instrument of governance constitutes a key empirical question. Therefore, the study asks: Do stakeholders perceive the transparency‐based EU lobbying regulation regime to be a legitimate form of regulatory governance? The study answers by building on a classic model of targeted transparency and proposes perceived regulatory effectiveness and sustainability as two key dimensions on which to evaluate the legitimacy of the Register. The arguments are tested on a new dataset reporting the evaluations of 1,374 stakeholders on the design and performance of the EU lobbying regulation regime. The findings describe a transparency regime that scores low in perceived effectiveness and moderate to low in sustainability. Citizens criticise the quality of information disclosed and the Register's performance as a transparency instrument. The Register did not effectively bridge the information gap between the public and interest groups about supranational lobbying. In terms of sustainability, interest organisations appreciate the systemic benefits of transparency, but identify few organisation‐level benefits. Organisations that are policy insiders incur more transparency costs so they instrumentally support transparency only insofar it suits their lobbying strategies and does not threaten their position. Insiders support including additional categories of organisations in the Register's regulatory remit but not more types of interactions with policy makers. They support an imperfect regulatory status quo to which they have adapted but lack incentives to support increased transparency and information disclosure. Targeted transparency proves an ineffective approach to regulating interest groups’ participation in EU policy making, constituting a suboptimal choice for ensuring transparent, accountable and legitimate supranational lobbying.     

Regulatory relationships across levels of multilevel governance systems: From collaboration to competition

The European Union and the United States are paradigmatic examples of multilevel governance systems that are also regulatory states. In both settings, informal networks of regulators preceded and existed alongside supranational (federal) regulatory agencies. The literature understood their rationale as preparatory to the creation of higher level agencies. This approach, however, cannot explain why informal regulatory networks still exist, years after the establishment of higher level agencies. What explains the persistence of informal regulatory networks? The argument of this article is that in multilevel governance systems, the relationship between regulatory networks and the supranational level of governance is coevolutionary and embodies struggles for autonomy and authority: as the multilevel governance system consolidates, the character of this relationship evolves from collaborative to competitive. The argument relies on a comparative historical analysis of two voluntary networks of energy regulators from the European Union and the United States, based on 27 interviews and archival research.     

Envisaging the future — scenarios and public affairs practice

Public affairs in the third millennium will develop in three significant ways.

• (1) It will deal increasingly with global issues and authorities. ‘The chief executive needs to be an entrepreneur with global vision. He needs political skills, to steer a course through the regulatory maze.’
• (2) The companies that succeed may be global, but many of the regimes of regulation and control will remain national. The ability to deal with them will be essential.
• (3) Public affairs will have to deal effectively not only with national and international regimes but also with organised ‘civil society’. NGOs have now formed global alliances. They are recognised and consulted formally and informally and have begun to ‘show their teeth’.

These developments create strong and specific challenges for corporate communications. ‘Sovereignty is what you belong to.’ The European Union (EU) has developed as a model for global public affairs. Companies that have learnt to combine national with supranational public affairs in the EU will be well equipped in the fora of WTO, OECD, ILO and others yet to come. The communications challenges are two:

• (1) Support for mergers: As globalisation proceeds by merger, companies will need fluency in communicating the benefits of mergers, both internally and externally.
• (2) Trading identities: As countries go for national brands to achieve tourism and investment, mega‐merged global companies are using nation‐building techniques to achieve internal cohesion across cultures.

Copyright © 2001 Henry Stewart Publications     

Economic crisis and elections: The European periphery

This paper introduces the articles in the symposium which address the issue of democratic accountability and economic voting in polities on the European periphery. The economic crisis that hit the world economy in 2008 has severely challenged the capacity of governments to steer the national economy and has had a strong impact on their electoral support. The papers discuss whether economic voting and democratic accountability are increasing or, on the other hand, they could be depressed by globalisation and by shifts of ruling competence from the national to the supranational European arena.     

Judicious Incentives: International Public Policy Responses to the Globalization of Environmental Management

Public policymakers and regulators worldwide are grappling with the desire to improve environmental quality through appropriate regulation of business, while also streamlining government. Concurrently, environmentally conscience consumers are calling for improved environmental performance by industry. As a result of these pressures, regulators and lawmakers worldwide are attempting to craft effective policies that create adequate incentives for environmental protection on the part of firms, in the face of decreasing budgets and an increased demand for the use of market‐based incentives. To aid decision makers as they struggle with these concerns, this study provides a detailed case examination of the dilemmas and responses of national‐level regulators as they try to develop appropriate responses to the rise of international and “voluntary” management regimes. To accomplish these goals, this article compares the public policy responses of governments around the world to one such voluntary international environmental regime: ISO 14001. ISO 14001 is a form of industry self‐regulation in response to market forces calling for harmonization in environmental management and as a result of consumer and trade‐partner demands. This study examines the relationships between regulators and the regulated in order to understand if ISO 14001 certified firms are receiving regulatory relief or other forms of public policy/regulatory benefits as a result of their certification. It will also examine the impact that government incentives (or their absence) are having on the certification decisions of firms around the world. This information helps us to begin to understand how the trends toward smaller government and voluntary environmental regimes are affecting one another.     

Designing stakeholder consultations: Reinforcing or alleviating bias in the European Union system of governance?

Consultations with stakeholders are a policy instrument widely used by policy makers to design policies and prepare legislative proposals across national and supranational systems of government. The European Union has recently reviewed its stakeholder consultation regime and asked for stakeholders’ policy input. This offers an opportunity to examine empirically stakeholders’ own evaluation of the regime and to ask a fundamental question about its democratic credentials: Do stakeholders recognise the EU consultation regime as reinforcing bias in interest representation by benefiting policy insiders, or conversely as an instrument that alleviates bias in supranational policy making? Building on rational choice institutionalism, this article outlines the potential distributional outcomes of the regime and argues that they are likely to vary along the lines of a classic divide in policy making that opposes policy insiders to outsiders. Two competing narratives are discussed in relation to the expected direction of this variation by focusing on insiders’ incentives to support or oppose the regime. The observable implications are tested empirically on an original dataset containing information about stakeholders’ positions on the evaluation of the regime status quo, its proposed further institutionalisation and their recommendations for change. The findings describe a consultation regime that seems to have created conditions alleviating bias in stakeholders’ participation in supranational policy making. This is evident in the lack of systematic, significant differences between insiders and outsiders in the evaluation of the consultation regime. Where differences do occur, they are consistent with the image of a consultation regime that has not reinforced bias in favour of policy insiders. These actors are found to be more critical of the regime status quo, its institutionalisation and more inclined to recommend policy improvements. This supports an optimistic view over the democratic credentials and legitimacy of the EU consultation regime and outlines an additional scenario under which policy actors that are traditionally associated with exerting more power and influence find themselves stripped of their privileged position in the context of European supranational governance.     

Towards an internal health market with the European court

This article examines the process through which a European healthcare dimension has been established and which has gradually extended the rights of European patients to cross-border healthcare. The integrative course has been charted by the legal activism of the European Court of Justice, whereas political voice has largely been absent. Judicial activism alone has applied the principle of the free movement of services to the policy field of healthcare, and thereby further energised the process. The political impact of this specific process of integration through law is, however, clear. The dynamic evolution of Community law has increasingly challenged the national instrument to retain health supply within own borders. Furthermore, the position of the European patient has been empowered by new individual rights, emanating from a supranational locus of rights against which the discretion exerted by national authorities can be challenged. Through the indeterminacy of European rules, open to continuous contestation and clarification, healthcare institutionalisation has proceeded and the European Union has extended into the core of the welfare state.     

Diffusion,transmutation, and regulatory regime in socialist market economies: telecoms reform in China and Vietnam

Abstract

Marketization and state restructuring are proceeding apace in China and Vietnam. China and Vietnam are not, however, converging upon the global regulatory model, even allowing for customary national variations. Rather, they are building up distinctive forms of regulatory regimes aiming to maintain the party-state's control over key state sectors, while at the same time integrating with the global economy and conforming to international norms and standards. This study argues that the regulatory model being adopted in Vietnam and China is the product of a specific kind of transition from a command to a market economy within an authoritarian political regime. While diffusion theories are of use in identifying external driving forces for the reform effort, these theories are of limited value for unveiling the dynamics of local contexts. Indigenous incentives, opportunity structures, and the experimental nature of public policy explain why, despite their exposure to global reform movements and commitment to multilateral institutions, China and Vietnam are likely to end up not with just a variety of the same regulatory regime, but a different one. The case of telecommunications regulation is used to illustrate this.     

The Transformation of organic regulation: The ambiguous effects of publicization

The regulatory regime for organic products is different from other non‐state‐market driven (NSMD) regimes because it is the only one that evolved from a purely private into a regime where the establishment of minimum standards has become the monopoly of public powers. This article is the first to study the effects of the process of publicization, a term coined to characterize the transformation of private into public standards. The central hypothesis studied is that the process of publicization has empowerment and containment effects at the same time. To test the hypothesis the article analyses the effects of publicization on regulatory capabilities of private regulators as well as on the quality of the standards. The effects of publicization are further explored by comparing the legal and institutional architecture that shapes the coexistence of private and public regimes in the EU and the US, showing important differences between the two systems. The article offers a new perspective to look at the dynamic interaction between private and public regulation and its findings are of general relevance for the debate on the desirability of governmental intervention on private regulatory schemes.     

The European Commission and fiscal governance reform: a strategic actor?

The intensification of the financial and economic crisis in Europe has added a new impetus to the debate over the possibilities for securing supranational fiscal integration within the Economic and Monetary Union (EMU). Since the literature on the European Union’s response to the crisis is dominated by the study of intergovernmental politics, this article considers the previously neglected role of the Commission. A framing analysis of the Commission’s crisis discourse is operationalised here, which is supplemented by interviews with senior officials located in the Directorate General for Economic and Financial Affairs (DG ECFIN) during key phases of the crisis. It is found that a supranational reform agenda was never internalised by the Commission. Instead, the Commission acted strategically by framing the crisis around intergovernmental fiscal discipline. These findings suggest that, in line with the ‘new intergovernmentalist’ thesis, supranational institutions themselves may not be as ‘hard-wired’ towards supranationalism as is often assumed.     

The organization of influence on the EC's common agriculturalpolicy: A network approach

The common agricultural policy of the EC with its market regulations is decided at EC level by a multilevel system of government, in which the Commission and the parliamentary parties of the European Parliament play the supranational role and the national ministries of agriculture act as parts of the intergovernmental system of the Council of Ministers. National interest groups have thereby three major access routes to the EC system, first through their national governments, or second indirectly, transmitted by their European peak organizations, or third directly to the supranational EC actors. The network approach is applied to study empirically the densities of access through these various routes. The links between actors in the agricultural policy domain are conceptualized as links for the exchange of resources, the most important resource of a policy domain being the final control of policy decisions. The political actors of the governance system originally hold full control of this valuable resource which they exchange for influence resources possessed by the interest groups, as public support or expert knowledge. Empirically, answers to the network questions depend on the type of resource and the viewpoint of the interviewed actors. An index is developed which indicates the resource flows between actors and the distribution of equilibrium control of policy decisions. It is shown that the national ministers of agriculture depend very much on the support and expertise of their national farmers' lobby, whereas the Commission relies more on contacts within the political sector itself. Multilevel systems need a lot of political coordination, so that the political actors within such systems, especially at the supranational level, seem to deal first of all with each other and not so much with the demand side of politics, compared to the national ministers of agriculture.     

The organization of influence on the EC's common agricultural policy: A network approach

Abstract The common agricultural policy of the EC with its market regulations is decided at EC level by a multilevel system of government, in which the Commission and the parliamentary parties of the European Parliament play the supranational role and the national ministries of agriculture act as parts of the intergovernmental system of the Council of Ministers. National interest groups have thereby three major access routes to the EC system, first through their national governments, or second indirectly, transmitted by their European peak organizations, or third directly to the supranational EC actors. The network approach is applied to study empirically the densities of access through these various routes. The links between actors in the agricultural policy domain are conceptualized as links for the exchange of resources, the most important resource of a policy domain being the final control of policy decisions. The political actors of the governance system originally hold full control of this valuable resource which they exchange for influence resources possessed by the interest groups, as public support or expert knowledge. Empirically, answers to the network questions depend on the type of resource and the viewpoint of the interviewed actors. An index is developed which indicates the resource flows between actors and the distribution of equilibrium control of policy decisions. It is shown that the national ministers of agriculture depend very much on the support and expertise of their national farmers' lobby, whereas the Commission relies more on contacts within the political sector itself. Multilevel systems need a lot of political coordination, so that the political actors within such systems, especially at the supranational level, seem to deal first of all with each other and not so much with the demand side of politics, compared to the national ministers of agriculture.