Multilevel Governance and Business Interests in the European Union

The article analyzes how business interests responded to European integration. It draws on survey data of eight hundred German, French, British, and European Union (EU) trade associations as well as thirty-four large firms. The argument is that the multilevel governance approach to European integration captures the realities of EU interest intermediation better than neofunctionalism and intergovernmentalism. The article suggests that the strategies of interest organizations depend mainly on their location in the EU multilevel system and on their governance capacities. I distinguish two kinds of governance capacities: negotiation capacities and organizational resources. The analysis proceeds in the following steps: After outlining the three theories of European integration and presenting their implications for interest groups, a brief overview of the relative importance for interest organizations of EU and national institutions over time is provided. Then, cluster analysis techniques serve to identify types of interest groups according to their lobbying strategies in the multilevel system: niche organizations, occasional players, traditionalists, EU players, and multilevel players are distinguished. The composition of these clusters and the characteristics of their members support the multilevel governance approach and indicate that multilevel players have greater governance capacities than organizations in the other clusters.     

Channelling Protest in Illiberal Regimes: The Cuban Case since the Fall of the Berlin Wall

Abstract

As part of the strategy for better governance, the European Commission has taken steps towards improved consultation and dialogue on European Union (EU) policy with interested parties. Opening up the policy process and getting interest groups involved are considered important for the democratic legitimacy of EU policy making. This article examines the public Internet consultation on the Commission proposal for a new European chemicals policy, the so-called REACH system. Being one of the most consulted issues in EU history, the chemicals policy review is considered as a critical test for the participatory mechanisms provided by the European Communities. By analysing more than 6000 contributions to the consultation, it is demonstrated that it invited broad participation, although industry was considerably better represented than NGOs and other civil society associations. Moreover, an overwhelming majority of participants were national actors from the largest member states rather than transnational actors. It is concluded that online consultations can invite broad participation in EU policy shaping but it is unlikely to bring about equal participation from different group of actors. Therefore it raises concern when measured against standards of democratic governance.     

Private authority and public policy interactions in global context: Governance spheres for problem solving

Private organizations play a growing role in governing global issues alongside traditional public actors such as states, international organizations, and subnational governments. What do we know about how private authority and public policy interact? What are the implications of answering this question for understanding support for, and effects of, policy development generally? The purpose of this article is to reflect on these questions by introducing, and reviewing, a special issue that challenges explicit claims, and implicit methodologies, that treat private and public governance realms as distinct and/or static. We do so by advancing a theoretical and conceptual framework with which to explore how the contributions to this special issue enhance an understanding about governance interactions across a range of empirical, sectoral, and regional domains. We specifically introduce the concept of governance spheres to capture the proliferation of issue domains denoted by highly fluid interactions across public and private governance boundaries.     

A framework for the comparative analysis of church–state relations in Europe

This article analyses how the policies specified in EU directives are transposed by EU member states. In contrast to existing transposition studies it develops a policy-specific approach to explain how directives are transposed by national actors. In this approach the outcome of transposition depends on the institutional arena in which decision-making takes place and the interests of the domestic actors involved. These institutional arenas can vary from parliament to national ministries and agencies. Domestic actors are taken as policy-specific veto players. Their preferences may lead to two different responses to the requirements of a directive. First, they can transpose a directive literally, keeping deviations to a minimum. Second, domestic actors can adopt a non-literal interpretation of the directive, leading to more substantial deviations within the boundaries allowed by the European Commission. These responses are illustrated by two cases of transposition of EU directives, the tobacco products directive and the animal trade directive. The case analysis shows that the policy-specific approach proposed in this article helps in understanding transposition. It clarifies how the ambitions formulated in Brussels are transformed by national administrations into policies.     

Macro-regional strategies of the European Union (EU) and experimentalist design of multi-level governance: the case of the EU strategy for the Danube region

Placed within EU Cohesion policy and its objective of European territorial cooperation, macro-regional strategies of the European Union (EU) aim to improve functional cooperation and coherence across policy sectors at different levels of governance, involving both member and partner states, as well as public and private actors from the subnational level and civil society in a given ‘macro-region’. In forging a ‘macro-regional’ approach, the EU commits to only using existing legislative frameworks, financial programmes and institutions. By applying the analytical lens of multi-level and experimentalist governance (EG), and using the EU Strategy for the Danube Region as a case, this article shows that ‘macro-regional’ actors have been activated at various scales and locked in a recursive process of EG. In order to make the macro-regional experiment sustainable, it will be important to ensure that monitoring and comparative review of implementation experience functions effectively and that partner countries, subnational authorities and civil societies have a voice in what is, by and large, an intergovernmental strategy.     

The politics of Artificial Intelligence regulation and governance reform in the European Union

This paper explores political drivers and policy process of the reform of the framework for Artificial Intelligence regulation and governance in the European Union (EU). Since 2017, the EU has been developing an integrated policy to tighten control and to ensure consumer protection and fundamental rights. This policy reform is theoretically interesting, raising the question of which conceptual approaches better explain it, and it is also empirically relevant, addressing the link between risk regulation and digital market integration in Europe. This paper explores the policy reform mainly by using two case study methods—process tracing and congruence procedure—using a variety of primary and secondary sources. It evaluates the analytical leverage of three theoretical frameworks and a set of derived testable hypotheses concerning the co-evolution of global economic competition, institutional structure, and policy preferences of domestic actors in shaping incremental approach to AI regulation in the EU. It is argued that all three are key drivers shaping the reform and explain the various stages of the policymaking process, namely problem definition, agenda-setting, and decision-making, as well as the main features of the outcome.

     

Multilevel Governance and Shared Sovereignty: European Union, Member States, and the FCTC

The Westphalian idea of sovereignty in international relations has undergone recent transformation. "Shared sovereignty" through multilevel governance describes the responsibility of the European Union (EU) and its Member States in tobacco control policy. We examine how this has occurred on the EU level through directives and recommendations, accession rules for new members, tobacco control campaigns, and financial support for antitobacco nongovernmental organizations. In particular, the negotiation and ratification of the Framework Convention on Tobacco Control (FCTC) and the participation in the FCTC Conference of the Parties illustrates shared sovereignty. The EU Commission was the lead negotiator for Member States on issues over which it had jurisdiction, while individual Member States, through the EU presidency, could negotiate on issues on which authority was divided or remained with them. Shared sovereignty through multilevel governance has become the norm in the tobacco control policy area for EU members, including having one international organization negotiate within the context of another.     

Civil Society Actors and EU Fundamental Rights Policy: Opportunities and Challenges

This paper examines how civil society actors in the EU utilize the political and legal opportunities provided by the EU’s fundamental rights policy to mobilize against discrimination, notably racism, and xenophobia. It emphasizes the multiple enabling roles that this policy provides to civil society associations engaged in judicial activism, political advocacy, and service delivery both at the EU and Member State levels, and assesses their effectiveness. It describes several factors that hinder the implementation of EU fundamental rights policy and reviews the strategies of civil society to overcome them. It highlights the reluctance of parts of public opinion to combat ethnic prejudice, considers reactions against what at a time of crisis is perceived as a costly project of social regulation, and examines civil society responses. The data sources consist of interviews with bureaucratic and civil society actors at EU level.     

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.     

Governance reforms and public acceptance of regulatory decisions: Cross-national evidence from linked survey experiments on pesticides authorization in the European Union

Do governance reforms affect public acceptance of regulatory decisions, and if so, how? We tackled this critical but under-studied question through a pair of linked survey experiments on public attitudes toward the reform of European Union (EU) pesticides regulation among a representative sample of the adult population in six EU member states. We tested the expectation that citizens are more likely to accept a regulatory decision that runs counter to their prior policy preferences if it is taken under a procedure they support. We first conducted a conjoint experiment to study whether the specific design of decision-making procedures impacts public support for EU pesticide regulation. In a second linked experiment, we asked respondents whether farmers should be allowed to use glyphosate, the best known and most controversial pesticide. We then asked respondents if they would accept an authorization decision on glyphosate contrary to their prior expressed preference if it were taken under a decision-making procedure they supported. The results demonstrate that a regulatory decision-making procedure respondents support increases their willingness to accept a hypothetical authorization decision contrary to their prior expressed preference. Contrary to the findings of previous research, our study thus provides strong evidence that governance reforms supported by citizens can enhance acceptance of controversial regulatory decisions, even on politicized issues such as pesticides authorization.     

Governance and Coercion

The present article departs from the assumption often found in literature concerning governance, which is that coercion is the quintessence of government and that, therefore, the growing importance of new forms of governance in policy formulation and implementation will lead to the adoption of softer policy instruments. This hypothesis will first be discussed in the wider context of the instrument choice literature, whereby an opposing view is derived. The two competing hypotheses are then tested in a comparison of the alcohol control policy designs of the Swiss member states, i.e. the cantons. The results of a multivariate regression analysis show that strong governance structures understood as networks embracing both public and private actors lead to the adoption of restrictive policy designs that must be enforced by public authority and as such cannot be employed by non-public governance actors. It is concluded that in their evaluation of policy instruments, governance actors follow a logic of consequentiality rather than a logic of appropriateness.     

The Effects of ‘Social Expectation’ on the Development of Civil Society in Japan

The European Union (EU) stands out among the major trading powers for its significant and dramatic response to new demands for access and participation in its external trade policymaking process. A spectacular range of mechanisms designed to increase the involvement of civil society organizations, including non-governmental organizations (NGOs), have been introduced recently. This article examines whether these new political opportunities in the EU have an impact on the trade processes and policy outcomes by revisiting a case that has been celebrated as indicative of the potential of global civil society to promote social justice—the Access to Medicines campaign. The findings show that although NGOs were instrumental in providing education, raising awareness, and giving a voice to broader societal concerns about the social and health-related aspects of the proposed trade deals, their impact on policy outcomes was limited. EU policymakers did not pursue policies that placed public health concerns over stringent intellectual property right protection, despite NGO involvement in the external trade policymaking process. I argue that the robust liberal and legal epistemic foundations of the international trade regime effectively hamstrung NGO efforts to move the external trade policies in more sustainable and just directions. These findings have broad implications for the power of epistemes and their ability to enable and delimit NGO agency in global economic governance.     

The parable of the poisoned pork: Network governance and the 2008 Irish pork dioxin contamination

The 2008 contamination of Irish pork with dioxins was one of the most significant recent food safety incidents in the European Union (EU). While the contamination posed no real risk to public health, it tested the efficacy of EU food safety regulation and governance which has been considerably overhauled in the past decade. The exchange of risk information through networks of regulators is an important element of the EU food safety risk management framework. Networks are a much‐lauded form of new governance, though they are not without their problems. In this paper, we address the question of why governance networks can fail. We examine this issues using the case study of the 2008 Irish dioxin contamination and explore the reason for the failure to make more substantial use of networks in the governance of that incident. We hypothesize that the reason for such failure may be found in three inherent tensions which exist in the design and management of networks, namely flexibility/stability, inclusiveness/efficiency, and internal/external legitimacy. The paper concludes that by ensuring the external legitimacy of the EU's Rapid Alert System for Feed and Food (RASFF) through increased transparency of communications, the design of RASFF has stifled its internal legitimacy with regard to certain types of important information exchanges.     

When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union

Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the “hollowing out” of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU.     

Mixing God's Work and the Public Business: A Framework for the Analysis of Faith‐Based Service Delivery

Over the past thirty years, there has been a dramatic transformation in the way the American political process operates. There has been a growing public perception that traditional political institutions lack the capacity to meet existing challenges. This has led many observers to call for a rethinking of how government does its work. Numerous alternatives, including the use of faith‐based organizations, have been suggested. The current popular debate on the appropriate role of faith‐based organizations in public service delivery has shed little light on a number of important issues raised by engaging such actors in governance issues. The impact of using faith‐based institutions to design and implement public policy must be considered not only in terms of traditional evaluation standards, but also regarding potential long‐term impacts on the political process itself. This article outlines a theoretical framework for the evaluation of faith‐based organizations as “alternatives” to conventional governance structures. It identifies key practical and theoretical issues raised by such substitution, in both short and long range systemic terms.     

Can private governance boost public policy? Insights from public–private governance interactions in the fisheries and electricity sectors

Based on the inductive analysis of two parallel cases of private environmental governance – private, market-driven fisheries governance and private, market-driven governance for electricity decarbonization – this paper uncovers a trigger for positive public policy spillovers from private environmental governance. It identifies circumstances that prompt groups of business actors working as private regulators to also take on a role as public policy advocates and supporters, revealing a potential for private governance initiatives that are targeted at a particular environmental problem to serve as a bolster for the public regulatory governance of that problem as well. Both private governance cases at the basis of this analysis feature groups of business actors seeking to meet voluntary sustainability goals through the tools of private governance (specifically, through flexing buyer power and private authority in an effort to reform environmentally problematic practices among particular groups of suppliers). In both cases, the business's inability to attain private sustainability goals though private governance means alone has given rise to business demand for facilitative public environmental policy and regulation. The analysis presented in this paper thus points to the occurrence of a particular and intriguing pattern of complementarity between private authority and public policy – one where public policy is called on to fill gaps left by private environmental governance and authority. And it identifies key conditions for such private-governance-driven recentering of public policy to occur, namely the presence of private supply chain greening goals and commitments that are economically, reputationally, and/or competitively critical for businesses to attain, combined with shortfalls in the capacity of businesses' private authority to bring about such attainment. The two case analysis further suggests the importance of ENGOs in identifying and activating some of the opportunities for leveraging shortfalls in private environmental governance to the advantage of public environmental policy and regulation.     

Dysfunctional institutions? Toward a New Agenda in Governance Studies

There is a wide‐spread perception among academics and commentators that institutional dysfunction has become increasingly common in important social, political, and economics arenas. Opinion polls show a decline in trust and confidence in major actors and institutions, including inter‐governmental organizations, governments, firms, NGOs, and religious organizations. For some, the core of the problem is that the hitherto well‐functioning states have become less effective in aggregating and acting upon citizens' preferences. Many policy initiatives of the 1990s – deregulation, privatization, new public management, private regulation, regional integration, civil society, and so on – seemed to have failed to meet expectations. This symposium seeks to identify important theoretical and empirical questions about institutional failure, such as why do institutions fail, why are they not self‐correcting, what might be a clear evaluative yardstick and analytic approach by which to measure performance, and to what extent contemporary theories of institutional evolution and design are useful in examining institutional restructuring and institutional renewal? Symposium essays by leading social science scholars offer important insights to inform future work on institutional performance and outline an agenda for institutional renewal and change.     

Europeans and their money: Explaining public support for the common European currency

Abstract. Using public opinion surveys conducted in the member states of the European Union, this paper seeks to provide a systematic understanding of public support for the EMU project and European–level monetary policy authority. We develop models of support for EU monetary policy that incorporate a utilitarian component and elements of multilevel governance that is emerging within the EU. These models are tested at the aggregate level of survey respondents. The results show that variations in attitudes to the common currency are driven by collectively–based considerations of the costs and benefits associated with the common currency project as well as the interaction of European–level politics and the domestic politics of the member states.     

Europeans and their money: Explaining public support for the common European currency

Using public opinion surveys conducted in the member states of the European Union, this paper seeks to provide a systematic understanding of public support for the EMU project and European–level monetary policy authority. We develop models of support for EU monetary policy that incorporate a utilitarian component and elements of multilevel governance that is emerging within the EU. These models are tested at the aggregate level of survey respondents. The results show that variations in attitudes to the common currency are driven by collectively–based considerations of the costs and benefits associated with the common currency project as well as the interaction of European–level politics and the domestic politics of the member states.     

“The Train Has Left the Station”: The Project on Emerging Nanotechnologies and the Shaping of Nanotechnology Policy in the United States

The purpose of this paper is to analyze the efforts of the Project on Emerging Nanotechnologies (PEN) in seeking to influence nanotechnology policy in the United States. Using the conceptual framework of anticipatory governance to guide the analysis, a series of strategies that PEN adopted will be described, including leveraging external expertise, developing cross‐disciplinary research products, providing a future‐oriented view on policy analysis, and building a brand for communications and outreach. This case study is a useful example in demonstrating the recent conceptual shift away from relying on government‐led technology assessment efforts to consider the longer‐term implications of new technologies toward the concept of anticipatory governance that includes a more substantive role for nongovernmental actors, that in providing forward‐looking, actionable intelligence for decision makers. Considering the example of PEN also highlights the critical role that boundary‐spanning organizations play in linking together disparate communities of expertise.