policy processes in the european union the case of environmental governance

Policy Processes in the European UnionThe case of environmental governance

Åbo Akademi University Department of Public Administration

6-8 April 2010

Lectures course by Edward Cameronecameron@worldbank.org

EDWARD CAMERON

Edward Cameronecameron@abo.fi

Consultant at the World Bank Social Development Department

Former Senior Advisor to the Maldives

Specialist in governance, climate change and EU policy

Guest Lecturer at four universities

PhD Candidate at Åbo Akademi

KEY QUESTIONS (1)

What is the European Union?

How does the EU work?

How does the EU shape public policy in Europe and beyond?

Where is the EU going in the future?

KEY QUESTIONS (2)

What role does the EU play in environmental governance?

Case Study: The EU and climate change

It is the place where up to 80% of national policy or legislation in a given field is determined

It is a policy arena that is constructed at the global, European, national and local levels

It is therefore heavily dependent on co-operation

WHY SHOULD WE CARE ABOUT THE EU?

A unique and complicated political construct

The source of a huge amount of our laws, policies and many aspects of our daily lives that we take for granted

A player on the global stage

Agree or disagree, love it or hate it, you must understand it, because the world you live in is shaped by it!

WHY SHOULD WE CARE ABOUT THE EU?

“The European Communities constitute a polity – a venue where interested actors pursue their goals and where authoritative actors deliver policy outputs”.

Rosamond (2000)

Course Schedule

๏ Tuesday, 6 April• 9am to 12pm• 4pm to 6pm

๏ Wednesday, 7 April• 9am to 12pm• 3pm to 6pm

๏ Thursday, 8 April• 9am to 12pm

Course Aims

๏ To deepen our understanding of the EU

๏ To strengthen our knowledge of climate change

First Principles

๏ Subjective or objective?๏ Look beyond the theory to get at the reality๏ An honest and informed debate๏ An open exchange of ideas๏ Think about what you want to achieve from this

class.

First Principles

“If we wish our civilization to survive we must break with the habit of deference to great men”

Karl Popper - Austrian Philosopher

Examination

๏ Examination will be through an essay of 5000 words. You will chose one question from a list of five.

๏ The cover page must contain: STUDENT NAME; STUDENT NUMBER; TITLE OF QUESTION; WORD COUNT;

๏ REFERENCES are essential and may be included as footnotes or endnotes. A BIBLIOGRAPHY must be included at the end of the paper

Examination

๏ Your paper must contain ARGUMENT, EVIDENCE, and OPINION

๏ Please submit one hard copy to Marina Hamberg and one electronic copy to ecameron@abo.fi

๏ The deadline for submitting essays will be 12h local time on Monday, 26th April 2010. Late Essays will not be accepted.

Examination

๏ A good paper will combine knowledge of the subject matter with analysis and strong recommendations or conclusions at the end.

๏ Plagiarism is not acceptable!

Reading Materials

๏ Wallace, H & W Wallace (eds.): Policy-making in the European Union (The New European Union series), Oxford University Press - April 2000.

๏ Chari, Raj & Kritzinger, Sylvia: Understanding EU Policy Making: National Versus European Sovereignity. Pluto Press 2006.

History

Policies

Environment

Theories

Institutions

Treaties

Reading Materials

๏ Weale, A. Pridham, G. Cini, M. Konstadakopulos, D. Porter, M. Flynn, B.: Environmental Governance in Europe. Oxford University Press 2003.

๏ Jordan, A (ed): Environmental Policy in the European Union: Actors, Institutions and Processes, Earthscan 2002.

History

Policies

Environment

Theories

Institutions

Treaties

Reading Materials

๏ The Lisbon Treatyhttp://europa.eu/lisbon_treaty/index_en.htm

๏ Cameron, E. and McMahon, H. (2010) “The EU-China Partnership: Forging a new space on global climate change”. In Jing Men (ed) Prospects and Challenges for EU-China Relations in the 21st Century. Peter Lang, Brussels.

History

Policies

Environment

Theories

Institutions

Treaties

EVOLUTION OF THE EUROPEAN UNION

The origins, progress, and impacts of the European Union

The European Union is the product of unique circumstances and personalities

European integration has progressed in fits and spurts over the past 60 years

Remember: The European Union is not an accident of history, nor is its evolution fortuitous. It is all the product of design.

“The violent ideological engagements of a grimmer age”

The Road not taken

๏ Denazified๏ Deindustrialized๏ Decentralized๏ Democratized

email: ecameron@abo.fi

“The insecure child of anxiety….a prophylactic, to keep the past at bay”

๏ Economic necessity ๏ Armed conflict (nationalist, ethnic)๏ Threat of communism

email: ecameron@abo.fi

“Phoenix-like from the ashes of the murderous-suicidal-past”.

๏ Marshall Plan Finances ๏ Security Partnerships ๏ Political leaders shaped by the tragedy of conflict๏ Political leaders mindful of the new dynamics influencing the pursuit

of national interests

“The government of France proposes to place the entire coal and steel production of France and Germany a single high authority open to the participation of all the countries of Europe”.

FranceGermanyNetherlandsLuxembourgBelgiumItaly

1957EVOLUTION OF THE EUROPEAN UNION

FranceGermanyNetherlandsLuxembourgBelgiumItaly

UKDenmarkIreland

FranceGermanyNetherlandsLuxembourgBelgiumItalyUKDenmarkIreland

Greece

FranceGermanyNetherlandsLuxembourgBelgiumItalyUKDenmarkIrelandGreece

SpainPortugal

FranceGermanyNetherlandsLuxembourgBelgiumItalyUKDenmarkIrelandGreeceSpainPortugal

FinlandSweedenAustria

FranceGermanyNetherlandsLuxembourgBelgiumItalyUKDenmarkIrelandGreeceSpainPortugalFinlandSweedenAustria

EstoniaLatviaLithuaniaPolandCzech RSlovakiaHungarySloveniaCyprusMalta

2007FranceGermanyNetherlandsLuxembourgBelgiumItalyUKDenmarkIrelandGreeceSpainPortugalFinlandSweedenAustria

EstoniaLatviaLithuaniaPolandCzech RSlovakiaHungarySloveniaCyprusMalta

BulgariaRomania

FranceGermanyNetherlandsLuxembourgBelgiumItalyUKDenmarkIrelandGreeceSpainPortugalFinlandSweedenAustria

The Future?EstoniaLatviaLithuaniaPolandCzech RepSlovakiaHungarySloveniaCyprusMaltaBulgariaRomania

IcelandSwitzerlandNorway

TurkeyCroatiaWestern Balkans

What is the appeal of European Union membership? Why did your country join?

What have been the successes / failures of the EU?

How do Europeans see the EU?

How do you see the EU?

Historical achievements of EU integration

๏ European reconstruction ๏ 60 years of peace and stability๏ Economic growth๏ Democratisation

Common elements of how countries’ view EU membership:

๏ A reach for prosperity and economic growth

๏ A vehicle for national self-interest

๏ An attempt to stabilise new democracies

๏ An expression of the end of the cold war

๏ An attempt to have influence in a bi-polar world

๏ A convenient scapegoat for national politicians

Many in Europe still perceive the EU as:

๏ Disconnected and inaccessible

๏ Bureaucratic and mysterious

๏ Sometimes ineffective and often unheralded

๏ Irrelevant

๏ Wasteful and even corrupt

๏ “A Communist plot”

๏ “A neo-liberal plot”

From enthusiastic to skeptical

Respondents thinking EU is a good thing and tending to trust the EU (% of those polled)

Netherlands

Denmark

Poland

Germany

Sweden

EU 27 average

France

20 40 60 80A good thing Tend to trust

Has the second golden age of European integration come to an end?

๏ Almost continuous treaty revisions since 1986

๏ Significant enhancement of the EU’s role

๏ Public backlash since 2005

๏ Growing euroscepticism

๏ No appetite for further intergovernmental conferences and treaties

๏ And yet the World is more connected and European influence is declining relative to emerging centres

THEORIES OF EUROPEAN INTEGRATION

What are the dominant theories of European integration and why do they matter?

Theories of European integration have designed the EU of today and are shaping the EU of tomorrow.

The major theoretical schism has been between neo-functionalism and inter-governmentalism

Remember: Our vision of what “Europe” OUGHT to be shapes the reality of what “Europe” IS!

What are the big theories of EU integration?

๏ Federalism: A definitive Constitutional settlement๏ Functionalists: What function rather than what structure? ๏ Neo-Functionalists: Spill-over๏ Inter-governmentalists: Co-operation between sovereign

states

Neo-functionalism

Neo-functionalists believed that sectoral integration would produce unintended and unforeseen consequences of promoting further integration in additional issue areas.

Narrow enough to secure consent but deep enough to open the way towards the unity that is essential for peace” (Monnet)

Inter-governmentalism

Inter-governmentalists believed that the bargaining and consensus building techniques which have emerged in the EU are mere refinements of intergovernmental diplomacy.

Why do theories matter?

“Theories are necessary if we are to produce ordered observations of social phenomena” (Rosamond 2000).

Without theories we see that something is happening. With theories we understand what is happening. We get a sense of what is driving the big questions.

What are the big questions of EU integration?

๏ Is the EU a post-national or supranational construct? ๏ Is the EU an international organisation or a state in the

making?๏ Is the EU a top down or bottom up initiative?

What are the big questions of EU integration?

๏ What does “ever closer union” mean?๏ Does economic integration imply political integration? ๏ Does political integration amount to the dissolution of

national authority?๏ Is integration a process or an outcome?

In 2010 the European Union is:

๏ Multi-level ๏ Horizontally Complex๏ Evolving and incomplete๏ Trying to overcome an identity crisis between “input

legitimacy” versus “output legitimacy”

What are the implications of competing theories of European integration?

Which vision of “Europe” do you support? Why?

TREATIES OF THE EUROPEAN UNION

What impact have the European treaties had? What is the current constitutional / treaty settlement?

The Practical implications of EU Treaties

A review of the principal Treaties

An overview of the current Treaty settlement

Remember: Treaties are as much about what is happening behind the scenes. Personalities and context matters!

๏ Treaty of Paris (1951)

๏ Treaties of Rome (1957)

๏ Single European Act (1986)

๏ Treaty on European Union (Maastricht Treaty 1992)

๏ Treaty of Amsterdam (1997)

๏ Treaty of Nice (2000)

๏ European Constitution (2004)

๏ Reform Treaty (Lisbon treaty 2007)

The common elements of each Treaty:

๏ Competencies

๏ Movement of policy responsibility from National to European levels

๏ Primary Rules (legislation)

The common elements of each Treaty:

๏ Secondary Rules (rules to make rules)

๏ Shift in the institutional balance

๏ Clarification and consolidation

๏ Streamlining (moving with the times)

The Single European Act (1986)

“The internal market shall comprise an area without internal frontiers in which free movement of goods, persons, services, and capital is ensured in accordance with the provisions of this Treaty”. This means the removal of physical, technical, and fiscal barriers to trade between the Member States of the EU”.

The Single European Act (1986)

๏ Establishment of the Structural Funds

๏ Extension of the roles of the European Council and the European Parliament

๏ 282 measures to facilitate the creation of the single market

๏ Extension of EU competencies in health, social policy and environment

Treaty on European Union (1992)

“Economic and social progress for their peoples within the context of the accomplishment of the internal market and of reinforced cohesion and environmental protection”.

๏ European Communities

๏ Common Foreign and Security Policy

๏ Justice and Home Affairs

๏ Provided the groundwork for “Schengen”

๏ Copenhagen Criteria

๏ Economic and Monetary Union (EMU) and the EURO

๏ Citizenship (move, work and vote)

๏ Cohesion Fund

๏ Subsidiarity

๏ Extension of the European Parliament

European Constitution (2004)

๏ A Constitution you can carry in your back pocket!

๏ Streamline decision making, ensure smooth integration of new member states, and outline competences and rights.

๏ Constitutional Convention met in February 2002. Text was agreed in June 2004.

๏ Stalled in May/June 2005 with the votes in France and Holland

The Reform (Lisbon) Treaty (2004)

On 1 December 2009, the Treaty of Lisbon entered into force, thus ending several years of negotiation about institutional issues. The Treaty of Lisbon amends the current EU and EC treaties, without replacing them.

๏ More than 90% of the constitution has been carried over into the Reform Treaty.

๏ The Reform Treaty amends previous legal norms whereas the constitution would have created new ones.

๏ Symbolic gestures - anthem, flag, etc.. are removed.

๏ Charter of Fundamental Rights is relegated to an annex

๏ New opt-outs have been secured

๏ European Council made a specific institution. A new post - “President of the European Council” is created.

๏ New foreign service for the EU with a “High-Representative for External Relations”.

๏ New rules for Council voting; and for the make-up of the European Parliament and Commission.

๏ Increase of co-decision procedure places European Parliament on an equal footing with the Council for the vast bulk of EU legislation.

๏ National parliaments may now object to EU intervention. 30% of Parliaments acting together can force a rethink; 50% can have an issue referred to EU Parliament and Council.

๏ “Citizens' Initiative” means a petition from one million citizens has the possibility to call on the Commission to bring forward new policy proposals.

๏ Treaty of Lisbon explicitly recognises for the first time the possibility for a Member State to withdraw from the Union.

What are our views of the Lisbon Treaty?

How do we view the process of ratifying the Treaty?

Was enough done to “sell” the Treaty to Europe’s voters?

What implications will the Treaty have for Europe?

INSTITUTIONS OF THE EUROPEAN UNION

An “institutional triangle” or a series of institutional spheres?

What are the European Union institutions?

How do they work?

TREATIES OF THE EUROPEAN UNIONINSTITUTIONS OF THE EUROPEAN UNION

The European Commission

๏ The EU's executive body: responsible for implementing European legislation, the budget and programmes.

๏ It has the sole right of initiative to draft legislation. This gives the Commission the power to set the agenda.

๏ It acts as guardian of the Treaties and, together with the Court of Justice, ensures that Community law is properly applied and enforced

๏ Commission President is appointed by the Member States

๏ 27 Commissioners appointed by the Member States, approved by the Parliament, and supported by a large civil service

๏ The Commission is divided into some 40 directorates-general (DGs) and services, which are subdivided in turn into directorates, and directorates into units.

๏ Power of the Commission varies

๏ Exclusive powers (customs union, the common trade policy, competition, agriculture)

๏ Shared powers (environment, transport)

๏ Supporting, coordinating or complementary powers (culture, education and industry

๏ Work Programme for 2010 includes:

๏ Tackling the crisis and sustaining Europe's social market economy;

๏ Building a citizens' agenda;

๏ Developing an ambitious and coherent external agenda;

๏ Modernising EU instruments and ways of working.

๏ Who sits in the Commission?

๏ Who sits in the Commission civil service?

๏ How does the Commission prepare policy?

๏ How accessible is the Commission to other actors during policy preparation?

๏ How powerful is the European Commission?

6-8 April 2010

The European Parliament

๏ There are 736 Members of the European Parliament drawn from 27 member states.

๏ MEPs divide their time between Brussels, Strasbourg and their constituencies.

๏ In Brussels they attend meetings of committees and political groups, and additional plenary sittings. In Strasbourg they attend 12 plenary sittings.

EPPGreens/EFAIND/DALDEEULUENPESNA

MEPs sit in political groups.

They are not organised by nationality, but by political affiliation. There are currently seven political groups in the European Parliament.

Total: 736 Members

๏ Group of the European People’s Party (Christian Democrats)

๏ Group of the Progressive Alliance of Socialists and Democrats in the European Parliament

๏ Group of the Alliance of Liberals and Democrats for Europe

๏ Group of the Greens / European Free Alliance

๏ European Conservatives and Reformists Group

๏ Confederal Group of the European United Left - Nordic Green Left

๏ Europe of Freedom and Democracy Group

The European ParliamentCyprus / Estonia

Ireland

Denmark / Finland

Spain / Poland

UK / Italy / France

Germany

0 25 50 75 100

National allocation of seats in the European Parliament

Seats in the European Parliament are, as a general rule, shared out proportionately to the population of each Member State.

Total: 736 Members

The European Parliament Total: 736 Members

Turnout in EP elections since 1979 (%)

Voter turnout in 2009 European Parliament elections by individual Member State

๏ MEPs are divided up among a number of specialised standing committees.

๏ There are 20 committees consisting of between 25 and 78 MEPs. Each has a chair, a bureau and a secretariat.

๏ The committees meet once or twice a month in Brussels. Their debates are held in public.

The President is elected for a renewable term of two and a half years.

The President represents the EP vis-à-vis the outside world and in its relations with the other EU institutions.

At the beginning of every European Council meeting the President sets out Parliament’s point of view and its concerns as regards the items on the agenda.

๏ Change in the role and scope of the EP over time is largely due to its own lobbying

๏ Its involvement in the legislative process helps to guarantee democratic legitimacy

๏ Claims to democratic legitimacy / mandate undermined by low turn out in EP elections

๏ The number of MEPs will be capped at 751.

๏ Seats are distributed among countries according to “degressive proportionality”, i.e. MEPs from more populous countries will each represent more people than those from smaller countries.

๏ No country may now have less than 6 or more than 96 MEPs.

๏ Parliament is a mixed bag in terms of skills, competencies, and powers

๏ EP’s role is evolving over time

๏ Concerns over how the EP exercises its budget remain

The Council of Ministers

๏ Is the EU institution that belongs to the Member governments

๏ It is the Union's legislative body

๏ It coordinates the broad economic policies of the Member States

๏ Decisions taken by simple majority, qualified majority, or unanimity

๏ Council meets in different formations (transport, environment, foreign affairs, etc...

๏ Council Secretariat based in Brussels

๏ Practical Work carried out in working groups (COREPER)

๏ Votes weighted according to population

With QMV member states have fixed votes roughly determined by its population. To pass a vote by QMV, all three of the following conditions must apply:

๏ Must be supported by 232 out of the total of 321 votes (72.27%);

๏ Must be backed by a majority of member states;

๏ Countries supporting the proposal must represent at least 62% of the total EU population.

In 2014, “double majority voting” will be introduced.

To be passed by the Council, proposed EU laws will then require a majority not only of the EU’s member countries (55 %) but also of the EU population (65 %).

VotesPopulation

Total votes: 321 QMV: 232 Blocking votes: 90

๏ The work programme of the Spanish, Belgian and Hungarian Presidencies runs from January 2010 to June 2011.

๏ The revision of the Lisbon Strategy

๏ Better regulation and supervision of financial markets.

๏ Implementation and possible review of the energy and climate package in the light of the results of the Copenhagen summit.

๏ Managing the rest of the EU’s agenda.

INSTITUTIONS OF THE EUROPEAN UNIONThe European Council

๏ Supreme decision making body - “forum of last resort”

๏ Comprises heads of EU governments

INSTITUTIONS OF THE EUROPEAN UNIONThe President of the European Council

Elected by the European Council for 2½ years, the main job of the president is to prepare the Council’s work, ensure its continuity and work to secure consensus among member countries.

๏ Maintains and directs the Council work

๏ Impartial arbitrator within the Council

๏ Represents the EU view to the UN and WTO

๏ Dialogue with Third countries (US and Russia)

๏ Represents the Council in relations with other EU Institutions

The Council of Ministers and the European Council

๏ Most powerful institution?

๏ Least European?

๏ Least Transparent?

The European Court of Justice

๏ Ensures that Community law is uniformly interpreted and effectively applied

๏ Has jurisdiction in disputes involving Member States, EU institutions, businesses and individuals

๏ Deals with challenges to the legality of EU law and non-compliance with EU law

๏ Assists Member States Courts in the Interpretation and Application of EU law

๏ A Court of First Instance has been attached to it since 1988

๏ CFI hears actions brought by non-state actors against the acts of the institutions

The European Court of Auditors

๏ Based in Luxembourg. Checks that all the Union's revenue has been received and all its expenditure incurred in a lawful and regular manner and that financial management of the EU budget has been sound.

๏ Members appointed by the Member States

The European Central Bank

๏ Based in Frankfurt. Frames and implements European monetary policy

๏ Controls interest rates and money supply in the Eurozone area

๏ It conducts foreign exchange operations and ensures the smooth operation of payment systems.

๏ Executive Board and Governing Council sets policy

๏ Sole goal to guarantee low inflation

๏ This role is coming under increasing pressure

๏ May express opinions on economic policies pursued in the Eurozone countries

The European Committee of the Regions

๏ Ensures that regional and local concerns are respected. It has to be consulted on matters concerning regional policy, the environment and education.

๏ It is composed of representatives of regional and local authorities

European Agencies

๏ ECOSOC

๏ European Ombudsman

๏ European Environment Agency (EEA)

๏ European Food Safety Authority (EFSA)

๏ European Investment Bank

The Media and Lobbyists

Institutional Recap

๏ Commission initiates policy

๏ Council is the supreme decision-making body

๏ Parliament shares legislative authority on certain issues

๏ Court of Justice interprets and applies EU law

๏ ECB sets interest rates within the € zone

INSTITUTIONS OF THE EUROPEAN UNION“Who do I call if I want to call Europe?”

Herman Van Rompaya - President of the European Council Jose Luis Zapatero - President in Office of the Council of Ministers

Jose Manuel Barroso - President of the European Commission Jerzey Buzek MEP - President of the European Parliament

Jean-Claude Trichet - President of the European Central BankVassilios Skouris - President of the Court of Justice

Mercedes Bresso - President of the

Committee of the Regions

Are there parallels between the European institutions and other organizations /institutions?

Do you consider the institutional system to be effective?

Do you consider the institutional system to be equitable?

Do you consider the institutional system to be democratic?