Policy-making in the EU

Question 1

Why do national governments engage in the delegation of powers to international regimes?

Answer 1

• Driven by the existence of transnational problems that cannot be effectively addressed by individual countries. Examples: environment, diseases and migration.
• Driven by economic interdependencies: Race to the top or bottom? Often regulation occurs due to their interlinked nature.

Question 2

What three analytical dimensions are there to international responses?

Answer 2

• Forms: international organisations, international regimes and coalitions (countries coming together with common interests) or groupings
• Scope: international, regional, cultural and/or functional (e.g., NATO)
• Policy sector: single issue vs. multi issue.

Question 3

Why is policy-making beyond the nation state difficult?

Answer 3

High heterogeneity of national interests and the demanding decision-making quorums

Question 4

What are the three problem types to policy formulation?

Answer 4

Coordination problem: refer to constellation in which the involved countries have a string common interest in joint solutions and they agree about a specific solution.

Agreement: more difficult when the solution is redistributive in nature. However, often we can observe a race to the top rather than bottom.

Defection problems: the involved countries prefer to free-ride, taking advantage of the contributions of the others. Might hamper the emergence of an international agreement or cause serious compliance problems.

Question 5

How does the leader countries affect policy formulation?

Answer 5

The dynamics of international cooperation may be affected by the pioneering activities of leader countries.
These dynamics emerge from the interests of national governments in minimising the institutional costs of adjusting domestic regulatory arrangements to EU policy requirements.
The most promising way to do this is to use the strategy at first of mover.

Question 6

What is the expectation of limited policy development beyond the national state based on?

Answer 6

Static interests
However, national representatives may develop a common understanding of problem and solutions, such that national ideas and interests are not regarded as static

Question 7

When is deliberation more likely in policy formulation?

Answer 7

When:

• Redistributive effects are uncertain
• National representatives interacts over long time
• There is an institutional setting which supports regular and continuous interaction.

Question 8

At the implementation level, how is the design relevant?

Answer 8

Policy designs the allow member states a high discretion with regard to the interpretation of policy requirements.

Use of gauge and open legal terms that leave a lot of room for interpretation during national implementation.

Member states opposing a certain policy are often appeased by granting them specific exemptions.

Question 9

How many are involved in the implementation of international policies?

Answer 9

Given the multilevel process, the implementation of international policies usually involves more institutional levels and actors than is usually the case for national political systems.

Question 10

Whos responsibility is it to live up to the international policies?

Answer 10

The member states’

Question 11

Which problems can arise with the implementation of international policies?

Answer 11

Limited resources for enforcement.

Difficult to monitor and control.

Question 12

How does international law affect at the member state level?

Answer 12

International law has no direct effect at the member state level except in the EU due to supremacy and direct effect.

Question 13

What could be the reason for high level of compliance with international agreements?

Answer 13

High rates of compliance can be due to the fact that international agreements may not depart much from what states would have done in their absence.

High rates of compliance can be due to states concern about their international reputation. But:

• Changes in policy salience and government
• Costs of reputation or exclusion vs domestic gains

Question 14

What has the policy cycle been criticised for?

Answer 14

1. The stages of the policy process are not discrete
2. Policies are sometimes developed in advance of there being a specific problem (Garbage can model)
3. Not explicitly capturing the interaction between multiple policies being pursued.
4. There are multiple, asynchronous policy cycles operating at different levels of governance.
5. Does not provide for a causal theory of policy-making.

Question 15

How is governance occurring in decentralised networks?

Answer 15

Governing is occurring less through hierarchical authority structures and more through negotiation and persuasion within more decentralised networks.

Question 16

Who are the main actors in the policy process in the EU?

Answer 16

The main actors in the policy process are politicians (decision-makers), bureaucrats (advisers/executing) and interest groups (promoters).

Question 17

Which interest groups, firms and parts of the state engage in the policy process?

Answer 17

That and how much autonomy the government has from societal actors vary with the type of policy at issue.

Question 18

Who is the key audience to persuade to put an issue forward in the EU?

Answer 18

In those policy areas in which the Commission has the exclusive right of initiative, the Commission is the key audience that must be persuaded to put an issue forward.

Question 19

Can the commission solely decide on issues?

Answer 19

No, the Commission is constrained in that it needs external support from other EU institutional actors.

Question 20

How is the policy cycle constructed in the EU?

Answer 20

1. Agenda setting
2. Policy formulation
3. Policy decision
4. Implementation
5. Feedback

Question 21

How is the policy formulation in the EU policy cycle?

Answer 21

Policy formulation is a relatively open process in the EU, but, as with agenda-setting, the Commission is the pivotal actor in policy formation in those policy areas where it has sole right of initiative.
Crucially, its central role in agenda-setting and policy formulation give the Commission a significant say in many EU policies even if its role in decision-making is limited.

Question 22

What is executive politics in the decision-making process in the EU policy cycle?

Answer 22

Executive politics: delegated decision-making where the Commission decision-making must consider what authority has been delegated to it and how its preferences relate to those of the member states on the issue in question.

Question 23

What is legislative politics in the decision-making process in the EU policy cycle?

Answer 23

Legislative politics: because of the separation of executive and legislative authority, the legislative politics of the EU is arguably more closely analogous to that of the US than to those of most EU member states. EP takes decision based on party group whereas Council tends to take decisions based on consensus.

Question 24

What does the literature say about the implementation process in the EU policy cycle?

Answer 24

The literature has been more concerned with the EU’s impact on national institutions than with how national institutions actually implement and enforce EU policies.

Question 25

How is the policy feedback in the EU policy cycle?

Answer 25

Evaluation of policy effectiveness is arguably particularly problematic within the EU because of its multi-level nature.

Political feedback loops that can be either ‘positive’, reinforcing the policy, or ‘negative’, undermining it.

Feedback processes in the EU involves ‘functional spill-over’, which is central to the new-functionalist account of integration.

Question 26

What are some of the functions of the Commission?

Answer 26

Initiates legislation.
Acts as a mediator in the decision-making process.
Manages some policy areas such as competition policy.
Is guardian of the Treaties.
Is a key actor in international relations especially with regard to trade agreements.
Is the ‘conscience of the EU’.

Question 27

How many commissioners are there?

Answer 27

One per member state

Question 28

Who appoints commissioners?

Answer 28

European Council and approved by EP and Council

Question 29

How many policy advisers has each commissioner?

Answer 29

6-7 advisers (these are the cabinet)

Question 30

What is the role of the cabinet?

Answer 30

The members of the cabinet act as the eyes and ears of the Commissioner within the organization, and perform a valuable co-ordination function

Question 31

What are the functions of the Council?

Answer 31

To provide general direction to the EU;
To oversee Treaty reforms and enlargements;
To make key foreign policy decisions;
To act as last resort;
To monitor the development of certain policies.

Question 32

How is the hierarchy of the EU constitutions?

Answer 32

At the top of the hierarchy is the European Council, which consists of regular summit meetings (2-6 a year) of the heads of government or state of the EU member states.

Below the European Council is the Council, which consists of several Councils of national Ministers for different policies together with their preparatory bodies.

At first sight the Council is a purely intergovernmental body but a deeper analysis reveals a more complex picture, with elements of supranationalism.

Question 33

How many seats are in the Parliament?

Answer 33

705 seats (751 when Uk was member)

Question 34

How are seats distributed in the Parliament?

Answer 34

Approximately according to the population of the member states, with a minium and a maximum

Question 35

How often does the Parliament meet?

Answer 35

Monthly in plenary sessions in Strasbourg

Question 36

How is the composition of the parliament determined?

Answer 36

Through elections every 5 years

Question 37

What are the Parliaments legislative acts?

Answer 37

• Under the ordinary legislative procedure, the EP shares the final decision on most pro¬posals with the Council (co-decision procedure).
• Consent is required for the enlargement of the EU, agreements with third countries, and a range of other decisions.
• It delivers opinions on Commission proposals under the consultation procedure in a limited number of policy areas.

Question 38

What are the Parliaments role in regards to budget?

Answer 38

• Its approval is required for the annual budget.

- Its Budgetary Control Committee checks expenditure (together with the Court of Auditors).

Question 39

What are the Parliaments role in regards to Supervisory?

Answer 39

• It approves the appointment of Commission President.
• It approves the appointment of the Commission after public hearings.
• It questions the Council and Commission. It can censure and dismiss the whole Commission.

Question 40

What is the role of the Court?

Answer 40

The CJEU is the authoritative interpreter of the Treaties and EU secondary legislation.
It is sometimes accused of making political decisions that favour European integration at the expense of the powers of member states.

Question 41

What is the role of the EU Civil Service Tribunal?

Answer 41

It is a very specialised court the responsibility of which is for hearing disputes between employees of the institutions and the EU institutions.

Question 42

What is the role of the general court?

Answer 42

It was created to help the ECJ with the sheer volume of business that it had to get through. It plays a particularly important role in hearing ‘challenges by private parties adversely affected by EU measures’.

Question 43

What is the role of the European Court of Justice?

Answer 43

Responsible for most important cases, including those of political significance.
It is charged to ensure that EU law is observed. It has wide-ranging functions:

1. Failure to fulfil an obligation
2. Application for annulment
3. Failure to act
4. Actions to establish liability
5. Appeals against judgments given by the General Court
6. Reference for a preliminary ruling.

Question 44

Where is the primary work done in the European Court of Justice?

Answer 44

The ECJ’s work is primarily conducted in chambers of three or five judges; important matters can, upon request, come before a Grand Chamber of fifteen judges and exceptionally important ones come before the Court as a whole.