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Putting power into practice: Capacity-building and the European Parliament’s role in EU trade negotiations Evelyn Coremans 1 and Katharina Meissner 2 --- Draft please do not cite or circulate without permission --- 1 PhD researcher, Leuven International and European Studies (LINES), KU Leuven, [email protected] 2 Assistant Professor, Institute for European Integration Research, University of Vienna, [email protected]

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Page 1: Putting power into practice...Putting power into practice: Capacity-building and the European Parliament’s role in EU trade negotiations Evelyn Coremans1 2and Katharina Meissner

Putting power into practice:

Capacity-building and the European Parliament’s role

in EU trade negotiations

Evelyn Coremans1 and Katharina Meissner2

--- Draft – please do not cite or circulate without permission ---

1 PhD researcher, Leuven International and European Studies (LINES), KU Leuven,

[email protected]

2 Assistant Professor, Institute for European Integration Research, University of Vienna,

[email protected]

Page 2: Putting power into practice...Putting power into practice: Capacity-building and the European Parliament’s role in EU trade negotiations Evelyn Coremans1 2and Katharina Meissner

Abstract

Since the entry into force of the Lisbon Treaty, the European Parliament (EP) has acquired

the right to ratification of international agreements that are concluded in the context of

the EU’s Common Commercial Policy. In addition, the European Commission is now

formally obliged to inform the EP throughout the negotiations. These provisions

prompted a need for developing administrative mechanisms and structures to support the

EP in the execution of its formal role of overseeing the negotiations and ratification of

the final agreement.

Consequently, the first question addressed in this article considers how the EP has built

and institutionalised the administrative capacity needed to fulfil these newly formalised

powers. Secondly, empirical observation has shown that not all trade negotiations are

created equal in terms of how much of that administrative capacity the EP is willing to

actually deploy during the negotiation process. This article therefore reflects on the

factors that motivate the EP’s International Trade Committee (INTA) to put this

administrative capacity into practice and develop the relevant political capacity for each

individual trade agreement under negotiation. We grasp the combination of

administrative and political capacity as enhanced policy capacity of the EP.

Based on interviews with EU officials, document analysis and fieldwork in INTA, the

article analyses the development of the EP’s administrative and political capacity during

negotiations on the Transatlantic Trade and Investment Partnership with the United States

(TTIP). The authors find that the specific nature of politicisation of this trade agreement

explains why INTA has translated its post-Lisbon administrative capacity into specific

political capacity for overseeing the TTIP negotiations.

Key words

Common Commercial Policy, European Parliament, European Union, TTIP, Trade

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Introduction

This article aims to unravel the relationship between formal competency changes, politicisation

and the development of policy capacity in EU decision-making between the institutions.

Borrowing from Wu, Ramesh and Howlet (2015, p. 166), we define policy capacity as a "set

of skills and resources - or competences and capabilities - necessary to perform policy

functions”. Policy capacity is seen as including both administrative and political capacity in

relation to a specific policy field (see table 1 in the theory section). This is a crucial element as

an actor’s policy capacity is the foundation for his substantive influence on policy outcomes.

With the Lisbon Treaty, the European Parliament (EP) has seen an extensive formalisation of

decision-making powers in the field of international trade agreements. Concretely, the Lisbon

Treaty bestowed the EP with the formal right to ratification and the right to be kept informed

throughout the negotiation of trade agreements with third countries.3 We expect that the

formalisation of those powers engendered a need for developing new administrative

mechanisms to support the EP in the execution of its oversight role. Earlier changes in the EP’s

rules of procedures – like the introduction of direct elections – have been linked to increased

administrative capacity through more complex administrative support structures and higher

staff numbers (Gungor, 2009; Neunreither, 2002; Westlake, 1994). We assume that

administrative capacity is a prerequisite for the EP to have an impact on decision-making in

EU CCP (Farrell & Héritier, 2003; Roederer-Rynning & Greenwood, 2016). Hence, we will

analyse whether and how the EP has built this administrative capacity needed to fulfil its treaty-

based powers in EU CCP since 2009.

Next, the article reflects on the factors that motivate the EP’s willingness to put this

administrative capacity into practice. In order words, what prompts the EP to turn its

administrative capacity into political capacity? We argue that traits relating to the specific

context of individual trade negotiations are crucial in motivating the development of political

3 We refer to a formalisation – rather than a complete overhaul – as the EP had already extended its influence in

EU Common Commercial Policy (CCP) via informal mechanisms long before the Lisbon Treaty entered into

force (Van den Putte, De Ville, & Orbie, 2015). As will become clear further on in this article, this practice of

informal procedural change continues also after the entry into force of the Lisbon Treaty (Meissner, 2016; Ripoll

Servent & Servent, 2014; Van den Putte et al., 2015)

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capacity. The case of the Transatlantic Trade and Investment Partnership (TTIP) shows that

the administrative capacity built up since 2009, was only translated into political capacity under

influence of a significant degree of politicisation throughout the negotiation process – leading

to enhanced policy capacity of the EP.

As the policy domain of EU CCP has seen such an extensive growth of EP formal powers after

Lisbon, it makes for an ideal subject to study the development of the EP’s policy capacity. Of

all concluded and on-going negotiations post-Lisbon, the TTIP has proven to be the most

influential in terms of ad-hoc changes to the decision-making procedures, which is why it was

selected as the case for this article. Our focus lies on the development and institutionalisation

of policy capacity, that is administrative and political capacity, implying that we cover the

formative stages of this process rather than the effect on EP empowerment and influence

(Farrell & Héritier, 2003; Roederer-Rynning & Greenwood, 2016).4

The following section identifies that the current literature has been skewed towards a narrow

focus on the EP’s staff and political actors and lacks studies that assess the broader

organisational aspects at the meso-level of the EP’s Committee administration. The second

section outlines the theoretical approach, combining literature on EP policy capacity and

institutionalisation to develop a coherent approach for analysing EP policy capacity and the

factors motivating its development. The third section probes the plausibility of our argument

by analysing in-depth the changes in administrative and political capacity since the Lisbon

treaty and the TTIP negotiations. The empirical research relies on 14 semi-structured

interviews with EU officials from the Council, the European Commission and the EP. These

are supplemented by qualitative analysis of official EU documents, and participatory

observation by way of a five-month internship by one of the authors in the secretariat of the

EP’s Committee on International Trade (INTA). The final section summarizes our conclusions.

4 In the conclusion however, we will address some of the consequences of our findings for EP empowerment and

political influence in EU CCP.

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State of the art

Similar to United States Congressional literature, research on the EP has evolved from a mainly

descriptive exercise in the 1960s and 1970, to a more theoretically complex body of work by

the early 2000s (Hix, Raunio, & Soully, 2003; Webb Hammond, 1996). The majority of these

earlier studies have tended to focus on the political aspects of the functioning of the EP. In

particular, the Members of the European Parliament (MEPs) and their respective political

groups were the main unit of analysis (Hix et al., 2003).

From the mid 1990s, scholars of the EP started to recognise the effect of parliamentary

administrative procedures on political decision-making outcomes. Scholarly attention turned

to the EP’s organisational structure and mainly the daily functioning of the standing committees

(Bowler & Farrell, 1995; Mamadouh & Raunio, 2003; Neuhold, 2001; Neuhold & Radulova,

2006; Settembri & Neuhold, 2009). 5 Characterising the committees as the “legislative

backbone” of the EP (Westlake, 1994, p. 191) and centres of “information, expertise, prestige

and power” (Ward, 1974, as cited in Bowler & Farrell, 1995, p. 221), these studies motivate

their attention for EP committees based on their role in developing the EP’s policy capacity.

This policy capacity, in turn is considered crucial for the EP’s influence in wider EU decision-

making.

This early literature focuses on the MEPs and the political functioning of the committees, a

bias inherited from the previous research tradition that focussed on MEPs and political groups

(Neuhold, 2001; Winzen, 2011). The administrative wing of the EP and its committees had

largely escaped attention, except for a few accounts of the EP’s organizational structure that

noted the relevance of parliamentary administrative capacity. Neuhold (2001) indicates the

importance of the EP committee secretariats in terms of increasing the functional capacity of

the EP by providing information on both technical and political issues. Costa (2003) argues

that one of the main functions of the EP general secretariat is to provide the necessary expertise

for developing a representative technocratic counterweight to the executive bureaucracy – i.e.

the Commission. In addition, committee secretariats provide coherence and continuity in the

5 See Winzen (2011) for a more detailed overview of this literature.

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face of the rapid turnover of MEPs, as well as maintaining stable contacts with Council and

Commission (Costa, 2003).6

But other than these few studies, the only significant focus of EU studies on administrations

had been directed towards the executive administrations in EU policy-making – mainly the

Commission (Egeberg, Gornitzka, Trondal, & Johannessen, 2013; Trondal & Peters, 2013).

The reason for this gap in EP literature could be that, until recently, EP officials were not

considered to have significant impact on the policy process in the EP (Costa, 2003).

In recent years, EP scholars have started to shift their attention to the administrative level of

the EP’s organisation (Dobbels & Neuhold, 2012; Egeberg, Gornitzka, & Trondal, 2014a,

2014b; Egeberg et al., 2013; Marshall, 2012; Winzen, 2011).7 There is now a general consensus

that the EP administrative staff does play an important role for the EP’s policy capacity – and

consequently the EP’s influence in EU decision-making – and that it therefore merits further

study (Dobbels & Neuhold, 2012; Egeberg et al., 2014a, 2013; Marshall, 2012; Neuhold &

Dobbels, 2015).

The result is a recent empirical body of research about the daily functioning of the EP

administrative base and the role of administrative staff in the EP decision making process. The

research field can be divided into four main themes: the roles and tasks of parliamentary

administrative staff (Dobbels & Neuhold, 2013; Winzen, 2011; for earlier indications, see also

Costa, 2003; Neunreither, 2002); the determinants of these officials’ behaviour (Egeberg et al.,

2013; Marshall, 2012), including demographic research (Egeberg et al., 2014a);

interinstitutional relations between EP and Commission administrators (Egeberg et al., 2014b;

Marshall, 2012); and finally the factors that determine the impact that EP administrative staff

have on internal EP politics (Högenauer, Neuhold, Christiansen, & Dobbels, 2016; Neuhold &

6 Costa concludes, however that the EP general secretariat did not exercise significant leadership at the time

(Costa, 2003).

7 One of the few earlier exceptions is the study by Costa (2003), who builds upon earlier accounts in the French

literature and provides a very detailed description in his assessment of the power of the EP general secretariat.

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Dobbels, 2015).8 In line with the prominent role of the EP committees in the policy process,

these studies have mainly focussed their attention on the staff of committee secretariats.

Such a narrow focus on staff and their role within the EP internally implies that there exists a

bias towards the staff as the chosen unit of analysis, whereas the study of other organisational

aspects of EP administration remains elusive. Considering that “the way in which the EP

administration is organized significantly affects their role in EP decision-making”, it is

important to address this organisational meso-level of the EP’s policy capacity (Egeberg et al.,

2013, p. 510). In order to integrate the study of the EP’s administration into the broader research

agenda of EP empowerment and parliamentarisation, a wider focus on the whole Committee

administrative system is imperative.

Filling this gap and recognising the importance of going beyond the single institutional

resource of staff for the EP’s policy capacity, this article chooses the committee’s

organisational structure as the unit of analysis. This choice is consistent with the general

consensus in contemporary literature that the majority of the EP’s power resides at committee

level (Gungor, 2009). Addressing policy capacity from the organisational level allows us to

broaden the empirical and theoretical understanding of the EP administrative apparatus beyond

a narrow focus on staff to include other variables at the organisational level, such as working

practices, procedures and interinstitutional relations.

Theoretical framework

Policy capacity, defined as a “set of skills and resources - or competences and capabilities -

necessary to perform policy functions”, encompasses this organisational aspect of the EP’s

administrative resources (Wu et al., 2015, p. 166). In order to have a lasting impact and to be

transformed into political capacity, ad-hoc changes in administrative capacity need to go

through an institutionalisation process. We therefore combine insights from administrative

capacity (Egeberg et al., 2013; Trondal & Peters, 2013) and institutionalisation literature

(Farrell & Héritier, 2003; Roederer-Rynning & Greenwood, 2016). Most studies on EP

institutionalisation do not specifically address the role of administrative capacity building

8 For a more detailed overview of this literature, see Neuhold & Dobbels (2015).

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(Egeberg et al., 2013), and only a few briefly touch upon the role of administrative capacity for

the institutionalisation of the EP (de Vrieze, 2015; Gungor, 2009; Roederer-Rynning &

Greenwood, 2016). Research seems to be centred either on the overall EU polity level (e.g.

Farrell & Héritier 2003; Rittberger 2012) or on the individual staff level (see previous section).9

Again, the organisational meso-level escapes attention.

The institutionalisation of policy capacity comprises elements of independence, integration,

and co-optation of actors outside the organisation (Trondal & Peters, 2013). From the

perspective of the EP’s role in EU CCP, this institutionalisation consists of the development of

(1) structures and processes that allow parliamentary committees to act independently from

other EU institutions, (2) procedures for effective inter- and intra-institutional coordination

(integration), and (3) tools to co-opt actors outside the EU institutions such as external

stakeholders, national parliaments or administrations of trade negotiation partners.10

Policy capacity exists of two components that are qualitatively different in terms of which

relationship they affect. We understand administrative capacity as the resources that affect the

internal policy capacity of an institution, whereas political capacity in this article refers to the

relationship between the institution and external actors. When mapping both elements onto the

typology of institutionalisation, administrative capacity covers independence and intra-

institutional integration, and political capacity spans inter-institutional integration and co-

optation (

9 Next to the literature on the EP within the EU’s polity and on individual administrative staff, there is a large

body of research on political groups and MEPs within the EP (e.g. Hix et al. 2005).

10 Roederer-Rynning and Greenwood mention autonomy as the building of the EP’s own expertise without relying

on other EU institutions, and complexity “as the development of an administrative apparatus” (Roederer-Rynning

& Greenwood, 2016). Both qualities correspond to our concept of development of an independent policy capacity.

Gungor (2009) refers to similar qualities of institutionalisation, noting that the increasing complexity and volume

of EP administration contributed to the EP’s autonomy. Roederer-Rynning and Greenwood’s (Roederer-Rynning

& Greenwood, 2016) concept of coherence as the development of uniform rules and practices correspond with

what we term intra-institutional integration. The dimensions related to institutionalisation like committee

structure, type of secretariat, meeting frequency, and the decision-making rules as suggested Franklin de Vrieze

(2015) also relate to such intra-institutional integration.

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Table 1).

Hence, evidence of institutionalisation of administrative capacity within the EP should point

to (1) the development of structures and processes that allow parliamentary committees to act

independently from other EU institutions and (2a) the simultaneous creation of procedures for

effective intra-institutional integration. On the other hand, evidence of institutionalisation of

political capacity should become evident in the creation of (2b) procedures for inter-

institutional coordination (inter-institutional integration) and (3) co-optation of external actors

such as external stakeholders, national parliaments or administrations of trade negotiation

partners.

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Table 1: Organisational administrative capacity: typology, indicators and operationalisation

Policy capacity Institutionalisation Institutional resources (indicators) Operationalisation

Administrative

capacity

Independence Availability of capable individuals Staff numbers, background, seniority, dedicated staff

Processes for timely and systematically

collecting and analysing data

Frequency of reports produced, IT systems, centrality of data collection,

document retention policy, research service

Organisational commitment to evidence-

based policy

Mission statements, rules of procedure

Efficient information system Internal communication systems (e-mail, phone)

Intra-institutional

integration

Internal organisation

Organigram, DG-Unit relation, secretariat, types of staff, frequency and

format of internal coordination meetings, policy desk-research service

relation

Political capacity Inter-institutional

integration

Political-institutional environment Relations with other legislative & executive actors/institutions through

formal and informal coordination procedures

Co-optation Policy learning relations with public, civil

society organisations and business groups

Information sessions, informational flyers, public conferences, media

publications, interviews, access points, consulting of outside experts

Relations with national (EU and non-EU)

actors

Parliamentary delegations, missions

Reference: own illustration based on de Vrieze, 2015; Gungor, 2009; Roederer-Rynning & Greenwood, 2016; Wu et al., 2015

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Administrative capacity

Studies on administrative capacity indicate that the EP needs a certain amount and quality of

expertise, supporting staff and internal organization in order to effectively monitor the EU’s

legislative procedures (Dobbels & Neuhold, 2012; Héritier, Moury, Schoeller, Meissner, &

Mota, 2015). Next to and often related to availability of staff, time is frequently mentioned as

a significant constraint in terms of administrative capacity of the EP (Judge et al., 1994; Ringe,

2010).11 Because of the specific nature of negotiating procedures for EU trade agreements –

e.g. process of adapting mandates, use of negotiation rounds, ratification process – a certain

level of administrative capacity is required for the MEPs to be able to process information

quickly and thoroughly if they want to influence ongoing negotiations and vote in a timely and

informed manner. Ringe indicates the importance of EP staff resources in handling the

“informational deficit” that MEPs face for making policy choices and voting (Ringe, 2010, p.

52).

Hence, the concept of administrative capacity is centred on the idea of informational deficit

and the ability to process information efficiently (quickly) and effectively (in such a way that

it is readily deployable for enhancing parliamentary influence) in the policy process. The quest

for information has been centre-stage throughout the increase of EP influence in EU CCP –

similarly to the development of its role in comitology:

“It must also be pointed out here that the EP was not ‘drowned’ by the Commission

sending it all sorts of information on comitology at its own discretion, but that the EP

has in fact been very persistent in requesting to be sent all these specific documents

for many years (Bergström, 2005; Bradley, 2008). Given the many positive effects

that the literature attributes to the availability of information, such as government

effectiveness (Drew and Nyerges, 2004), actual pursuit of the legislator’s preferences

(e.g. Strøm, 2000) and popular control (Bovens, 2007), and further given the very

strong interest that the EP has traditionally had in gaining information rights for

comitology, one would at the very least expect to see its organization adapt to the

changing circumstances.” (Brandsma, 2012, pp. 81–82).

11 However, the EP can also use time constraints and urgency in decision-making to its advantage when it employs

a delaying strategy in order to push for more parliamentary powers (Farrell & Héritier, 2003).

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In the context of the EU’s CCP, the EP faces an informational deficit compared to the

Commission, which is at the centre of the negotiations with the third country. The EP therefore

puts a great deal of effort into retrieving more information about the negotiation of international

agreements from DG Trade. Much of this quest for information happens by way of DG Trade

sharing negotiation documents and providing debriefings in the INTA Committee (Meissner,

2016).

With the formalisation of the EP’s right to be kept informed, we expect that the increased influx

of information has led to changes in the EP’s administrative procedures in order to more

efficiently and effectively retrieve and process information within the institution since 2009.

These changes involve (1) developing structures for the EP Committee to become independent

in its information processing, and (2) updating procedures for intra-institutional integration so

as to ensure efficient information transfer between Committee services. Both elements are

considered crucial in the process of institutionalising a sufficient degree of administrative

capacity to support formal treaty obligations.

Political capacity

Yet, although we expect that institutionalisation on an internal level improved, we also

conjecture that the use of that administrative capacity on the inter-institutional level is

conditional upon the EP’s willingness to undertake such costly exercises. Ringe observes that

“… individual legislators’ choices about participation in the negotiation process regarding a

particular policy proposal are a function of their willingness to invest their scarce time, energy,

and budgetary resources.” (Ringe, 2010, p. 53). While the EP’s administrative capacity on an

internal level falls together with its ability to monitor negotiations in the context of CCP, it also

needs to be willing to turn this ability into political capacity. In other words, administrative

capacity is only of value in terms of policy influence when it is transformed into political

capacity.

Political capacity, in contrast to the focus of administrative capacity on the EP’s internal level,

refers to the EP’s external interaction with other EU institutions or third actors. It is understood

as the EP’s “coordinative capacity with respect to external interactions” (Farrell & Héritier

2004, 1186). This capacity builds on mechanisms and procedures the EP develops for inter-

institutional relations and co-optation of civil society organizations, national parliaments or

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trade partners in the context of specific negotiations. Political capacity implies willingness in

the sense that the EP needs to actively ‘exploit’ (Bowler & Farrell 1995, 220) its administrative

capacity and its prerogatives granted by the Lisbon Treaty.

In his study on comitology, Brandsma notes that “the need to organize information flows in an

accessible manner only arises when it is instrumental to a specific parliamentary right”

(Brandsma, 2012). Interest in a clearly defined policy issue motivates MEPs willingness to

invest resources in that policy issue, which engenders a process of political capacity building.

We therefore expect political capacity building on an inter-institutional and external level

predominantly in those instances where the EP has a specific and practical policy interest. This

interest can either be inherently political thanks to party-political preferences (e.g. Hix et al.,

2006) or it can be strategic in order to expand policy turf (McKenzie & Meissner, 2016). In

cases of both a political and a strategic interest, the trigger for increasing political capacity is

specific in the sense that it is linked to individual trade negotiation processes: politicisation and

public attention. Political salience can enhance both political interest in an issue as well as

interest thanks to increasing the likelihood of expanding policy turf.

Regarding inter-institutional integration, the EP can vary the degree of interaction with the

Commission by choosing to develop, maintain and enhance coordination with the DG Trade

on trade negotiations (e.g. McKenzie & Meissner, 2016). Regarding co-optation, the EP can

also vary its efforts to interact with third actors like national parliaments, civil society

organizations or the negotiation partner. Given the importance of TTIP to the EU and the

public, we expect that the EP scores high on both dimensions; meaning it strengthened its

political capacity by developing procedures for inter-institutional interaction with the

Commission and co-optation with external actors throughout the course of negotiations.

In the following empirical section, we explore the extent to which the EP’s administrative

capacity has developed after the Lisbon Treaty, as well as the extent to which the INTA

Committee has increased its political capacity for the highly politicised TTIP negotiations. We

expect to observe that the EP’s internal administrative capacity (i.e. independence and intra-

institutional integration) has been strengthened since the Lisbon treaty, and that the EP was

willing to turn this administrative capacity into political capacity for the TTIP negotiations on

the dimensions of inter-institutional interaction and co-optation.

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Methodology

The research design of this article is based on a plausibility probe (Eckstein 2000, 140) of our

argument in a single, in-depth case study (Gerring 2004). The case study is “an intensive study

of a single unit for the purpose of understanding a larger class of (similar) units” (Gerring

2004, 342). While we restrict our plausibility probe to one case – TTIP – in the policy of EU

CCP, we assume that our argument also holds for developments of administrative and political

capacity in cases related to other policies. The plausibility probe into our argument aims to

increase confidence in the theoretical conceptualization (Eckstein 2000, 141) of administrative

and political capacity (see theory section above) and its connection to salience and

politicization.

Regarding data gathering, we triangulated document analysis, semi-structured interviews, and

participant observation by one of the authors during five months fieldwork in the secretariat of

the INTA committee. Participant observation means the “method in which the observer

participates in the daily life of the people under study” (Becker & Geer 1957, 28) over a longer

period of time. The method is used to get an in-depth understanding of a particular organization

(Becker 1958, 652). During five months of fieldwork, one author participated in the daily

routines of the secretariat of INTA, gathered detailed data, and recorded them by taking notes.

Based on this, we can draw on a unique set of first-hand information. Furthermore, both authors

carried out semi-structured interviews over the course of 2015 with 14 officials who were

directly involved in EU trade negotiations. In order to gather relevant data we guaranteed strict

confidentiality to our interview partners. Where possible we recorded interviews, otherwise we

took notes during and immediately after the interview.

Empirics: the Lisbon Treaty, TTIP, and the EP’s policy capacity

Growing administrative capacity since the Lisbon Treaty

Since the entry into force of the Lisbon Treaty in 2009, the EP has been put on equal footing

with the Council as regards the ratification of agreements within the remit of the EU’s CCP. In

order to support this new role for the EP, the Treaty established a legally binding obligation on

the Commission to report to the Council’s Trade Policy Committee (TPC) and to the EP on the

progress of negotiations, including immediately and fully informing the EP at all stages of the

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procedure (Articles 207§3 and 218§10).12 Updating the 2005 Framework Agreement, the 2010

Interinstitutional Framework Agreement (2010) concretizes the EP’s right to be informed

throughout the negotiation process by the Commission:

“The information … shall be provided to Parliament in sufficient time for the EP

to be able to express its point of view if appropriate, and for the Commission to be

able to take Parliament’s views as far as possible into account. This information shall,

as a general rule, be provided to Parliament through the responsible parliamentary

committee and, where appropriate, at a plenary sitting.” (European Union, 2010, p.

50).

Has the EP’s INTA Committee’s administrative capacity adapted to these new circumstances

of increased influx of information on international trade agreements? In other words, do we

observe a change in INTA’s committee structures that promotes (1) independent information

processing and (2) intra-institutional information transfers?

Administrative capacity: independence

Even though the EP and the Commission had already set out the basis for information exchange

on trade policy issues prior to the Lisbon Treaty (in the Framework Agreement of 2010), it was

only after the increased workload in the 7th legislature that actual changes in administrative

capacity building started to take place in the INTA Committee. A study by DG EXPO’s Policy

Department contains some statistics illustrating the increased workload from the 6th to the 7th

legislature:

“During the 2004–2009 legislative period, Parliament’s Committee on International

Trade (INTA) dealt with only 2 codecision procedures, 21 consultation procedures

and 18 assents to international agreements. To compare, between December 2009

and March 2014 INTA dealt with 53 ordinary legislative procedures (corresponding

to the former codecision procedure) and 73 consent procedures. If one includes non-

binding reports and resolutions, the number of files dealt with by INTA totalled 69

12 Interestingly, the Commission and the EP had already agreed on a Code of Conduct in 1995, which specified

that the Commission would inform the competent parliamentary committee of the draft recommendations relating

to negotiating directives of international agreements, and that the Commission would keep the EP regularly and

fully informed of the progress of negotiations (European Union, 1995, p.70).

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for the period 2004-2009, while in the period 2009-2014 it dealt with 200.”

(European Parliament, 2014, p. 6-7)

As a result of this increase in workload, the INTA Committee secretariat more than doubled in

size between 2010 and 2015 (European Parliament, 2014; European Parliament, 2015).13

In addition to an increase in staff numbers, the largest area in which significant changes have

taken place is the development of technical expertise and knowledge – both at staff and MEP

level. Drawing on the technocratic nature of current discussions in the INTA Committee

meetings, it is obvious that the level of expertise and knowledge on trade issues among MEPs

in the INTA Committee has expanded significantly.

In general, the activity in INTA in terms of meetings has seen a steady increase between 2010

and 2013 (Graph 1). The decline in frequency of formal Committee meetings has been offset

by a steep increase in general informal meetings and monitoring group meetings (Graph 2).14

Graph 1: Total number of meetings held in INTA Committee 2010-2013

Source: Secretariat of the Committee on International Trade, 2014.

13 However, due to recent budget cuts the number of staff in the secretariat is being reduced which puts strain on

the workload of the remaining staff (observation).

14 Graph 2 only portrays the most prominent of the total number of meetings in the INTA Committee.

103

126

174182

2010 2011 2012 2013

TotalnumberofmeetingsheldinINTACommittee2010-2013

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Graph 2: Main meetings formats of INTA Committee 2010-2013

Source: Secretariat of the Committee on International Trade, 2014.

The INTA Committee has also been able to rely on the EP’s increasingly strengthened technical

support services – i.e. the Legal Service, DG EXPO’s Policy Department and the European

Parliamentary Research Service – for providing legal advice and supporting analyses and

studies of the very technical and complex policy issues in the trade area (201507The future of

the EU trade policy). Interestingly, the number of studies and policy briefings has not risen

much between 2010 and 2013.

Figure 1: Number of studies by DG EXPO Policy Department for the interest of INTA, 2010-2013

(Source: INTA Legacy Report for the 7th Parliamentary Term 2009-2014)

0

10

20

30

40

50

60

2010 2011 2012 2013

Numberofm

eetings

MainmeetingformatsofINTACommittee2010-2013

CommitteeMeetings

PublicHearings

TechnicalBriefings

Monitoringgroups

OtherInformalmeetings

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Administrative capacity: intra-institutional integration

In terms of in-house development of expertise and internal organization, the mechanism of

INTA Monitoring Groups has played the largest role. Monitoring groups were created on

initiative of the Alliance of Liberals and Democrats for Europe (ALDE) group in June 2011,

as a new mechanism to monitor ongoing negotiations for bilateral trade agreements

(20110621INTAMinutes). By September 2011, a main body of monitoring groups was

established. Monitoring groups are headed by a Standing Rapporteur, an MEP from INTA

selected from the different political groups in Parliament on the basis of the De Hondt system

(20110922INTAMinutes). By November, a more detailed schedule of the monitoring groups

showed a clear geographical sorting and designated Standing Rapporteurs amongst the MEPs

by name (20111122INTAMinutes, Figure 1). In addition, a practice was set to include an item

“Feedback from Monitoring Groups” in each INTA meeting, establishing a duty to inform

between the two forums.15

15 In addition, separate standing rapporteurs were designated to the EPA negotiations, although not establishing

separate monitoring groups but addressing discussions on the EPA’s in their geographically relevant monitoring

group (20111122INTAMinutes).

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Figure 2: Active INTA monitoring groups on international trade negotiations or geographical areas, as decided on 22

November 2011

Source: 20111122INTAMinutes

Over the course of 2012, several new monitoring groups were created (20120229-

0301INTAMinutes; 20120326-27INTAMinutes; 20120425-26INTAMinutes;

20120903INTAMinutes).16 Early 2013, INTA chair Vital Moreira commented on the added

value of the monitoring groups for the functioning of the INTA Committee as they collected

information and expertise that otherwise would not have been accessible

(20130222CouncilSecretariatSummaryINTAMeeting, p. 5).

In July 2014 – at the beginning of the 2014-2019 term, the INTA General Principles regarding

Standing Rapporteurs and Monitoring Groups were revised (20140401INTAMinutes).17 The

16 These were monitoring groups for Mexico, Ecuador/Bolivia, the Southern Caucasus (i.e. Georgia, Armenia,

Azerbaijan), Indonesia, and Central Asia (20120229-0301INTAMinutes; 20120326-27INTAMinutes; 20120425-

26INTAMinutes; 20120903INTAMinutes).

17 During the electoral transition period, special arrangements were made for the US monitoring group

(20140401INTAMinutes).

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practice of monitoring groups was extended to include topical, pluri-, and multilateral

negotiations as opposed to geographical division only (20140722INTAMinutes).18 As a result,

by September 2014 a total of 38 INTA monitoring groups existed, allocated to the different

political groups based on the De Hondt system (20140903INTAMinutes). The general

principles were updated again in February 2015 (20150223-24INTAMinutes; INTA General

Principles regarding Standing Rapporteurs and Monitoring Groups for Negotiations and

Implementation of International Trade Agreements, 24 February 2015, consulted 21.04.2016).

By July 2015, an advance schedule for convening monitoring groups was tried out (20150713-

14INTAMinutes). In November that year, it was decided that the practice of such advance

scheduling on Monday afternoons would be continued in 2016, a clear indication that

monitoring groups have become common practice for following up on trade negotiations

(20151130-1201INTAMinutes). In addition to such block-booking of monitoring groups,

INTA started collecting quantitative (except for the US monitoring groups, see below) and

qualitative data on their attendance and content (20160125INTAMinutes).

Today, INTA monitoring groups consist of one Standing Rapporteur, nominated by the

political group that was allocated to the monitoring group based on the De Hondt system. Other

political groups can appoint a Shadow Standing Rapporteur by written communication to the

INTA secretariat. Standing Rapporteurs are responsible for organising and chairing meetings

of their monitoring group, and have access to confidential information forwarded by the

Council or Commission (INTA General Principles regarding Standing Rapporteurs and

Monitoring Groups for Negotiations and Implementation of International Trade Agreements,

24 February 2015, consulted 21.04.2016).

18 The first topical monitoring group would be on the Environmental Goods Agreement, created in June 2015

(20150615-16INTAMinutes). The provisions do not apply to pluri- and multilateral agreements that are negotiated

in the context of the WTO (INTA General Principles regarding Standing Rapporteurs and Monitoring Groups for

Negotiations and Implementation of International Trade Agreements, 24 February 2015, consulted 21.04.2016).

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Figure 3: Active INTA monitoring groups on international trade negotiations or geographical areas, in February 2017

Source: https://polcms.secure.europarl.europa.eu/cmsdata/upload/c66c582f-3d7d-4893-92fa-

496c4e4c4453/inta-standing-and-shadow-rapporteurs.pdf

Since their creation, monitoring groups have become the foundation for the development of

expertise in INTA. Without this kind of specialised administrative subdivision in the

Committee, it would be impossible to maintain a detailed follow-up of the on-going order of

business in EU external trade policy (Interview 1_KM). Monitoring groups have become mini-

information-processing hubs, building expertise that is relied upon at the higher levels of INTA

meetings and even plenary meetings. As we will see in the next section, the creation of this

basic administrative capacity has been crucial for developing a sufficiently strong policy

capacity in individual trade negotiations.

Next to the monitoring group system, the INTA Committee has witnessed several other

changes in administrative capacity. Firstly, starting from 2011, a limited number of MEPs of

the INTA Committee has been allowed to consult the final negotiation directives of the

Commission in a secured reading room. Even though the practice of the Commission informing

the EP about the draft recommendations for the directives for opening trade negotiations was

already established since the 1995 Code of Conduct (OJ 1995 C089; OJ L304, 20/11/2010),

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the EP had no official access to the amendments made to those draft directives by the Council

(Interview 17, 18). Instead, the INTA secretariat had to rely on an unofficial summary of the

main changes in the final directives, which the Commission provided informally (Interview 17,

18). With MEPs having access to the full text of the negotiation mandate, the INTA Committee

has taken another step towards independent information processing.

Political capacity in the TTIP case

Political capacity: inter-institutional interaction

For coordination during on-going negotiations, the 2010 Framework Agreement concretized

the extent to which the Commission would inform the EP about ongoing trade talks, relying on

oral briefings and written information. The Commission also committed itself to providing the

EP with all relevant trade policy documents that are shared with the TPC, including documents

from third parties (subject to originator’s consent), whereas before this exchange was limited

to documents originating from the Commission’s Director-General for Trade exclusively

(Letter De Gucht – Moreira 26/10/2010). Inter-institutional cooperation between the

Commission and the EP was reported to work positively and well-organized (Interviews 16,

18, 19).19

Yet, the most transformative changes have been since the start of TTIP negotiations mid-2013,

especially in relation to the frequency and extent of document sharing to the EP. Since the

TTIP negotiations, the final negotiation directives for trade agreements are made public, which

aids the EP’s oversight task significantly. This happened for the TTIP and TiSA negotiations.

Starting with the Japan FTA negotiations, the Parliament has also been pressing the Council

19 The same extent of interaction cannot be reported for the Council-EP coordination on the negotiation of

international agreements. The lack of proactive information provision from the Council to the EP is a source of

frustration and disappointment for any member of the EP’s staff (Interviews 16 to 19; INTA Opinion on AFCO

report on transparency, accountability and integrity in the EU institutions of 11/12/2015). The procedure is rather

ad-hoc (Interview 19) and the Trade Policy Committee (TPC; in which the Council and the European Commission

coordinate on CCP) remains a black box for the EP (Interview 16).

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not to adopt the final negotiation directives before it had adopted its own resolution laying

down Parliament’s red lines for the trade negotiation (Interview 17). This occurred in advance

of the EU negotiations with Japan, as well as the TTIP negotiations (European Parliament,

2012a; 2012b; 2013a).20

Towards the end of 2013, the Commission started considering specific arrangements for access

to TTIP documents and dissemination of US negotiation documents

(20131202CouncilSecretariatSummaryINTAMeeting). By the spring of 2014, all TTIP

documents sent to the TPC (‘EU Limite’) were also sent simultaneously to MEPs in the INTA

Committee (full and substitute members) via e-mail. Individualised, watermarked copies of

documents marked ‘EU Restricted’ were sent to selected members of the INTA Committee

(INTA Chair and Vice-Chairs, INTA Group Coordinators, Rapporteurs and Shadow

Rapporteurs for the US) and Chairs and Rapporteurs of other Committees involved in the US

monitoring group (answer to EP question E-002830/2014). ‘Consolidated negotiation texts’

were accessible to this same selected group of MEPs from INTA and Chairs and Rapporteurs

from other relevant Committees in a secure reading room (EP Report April 2015).

By the end of 2014, the use of a reading room at the EP or the Commission premises was

extended to MEPs who did not have access to 'EU Restricted' documents so far (Commission

Communication 25/11/2014 C(2014) 9052 final). ‘EU Limite’ documents were also made

available to all MEPs via e-mail (INTA minutes 21/01/2015;

20150113ConferenceOfCommitteeChairs). These arrangements continued until the end of

2015, when Commissioner Malmström and INTA Chair Bernd Lange (MEP) agreed upon new

arrangements for access to documents relating to the TTIP negotiations. These operational

arrangements extended access to all MEPs to all docs (‘EU Limite’, ‘EU Restricted’ and

‘consolidated texts’), with rules varying between the types of documents (Letter Commissioner

Malmström to INTA Chair Bernd Lange, 02/12/2015).

20 This practice is part of a gentleman’s agreement between Council and Parliament. For the TiSA negotiations,

the final negotiation directives were approved by the Council before the Parliament adopted its resolution

(European Parliament, 2013b).

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All MEPs got access to individualized and watermarked copies of ‘EU Limite’ documents via

an online system (‘SharePoint’), with possibility to print. This IT tool is a pilot project for other

negotiations as well, however at the time of writing it is used for TTIP documents only

(Interview 17).21 INTA Secretariat staff and Group advisors got similar access on a need-to-

know basis.22 ‘EU Restricted’ documents are accessible to all MEPs (and staff on a need-to-

know basis) in a secure reading room, with only note-taking allowed. Individualised and

watermarked paper copies of these ‘EU Restricted’ document are sent to the Parliament

President, INTA Chair & Vice-Chairs, INTA Group Coordinators, INTA Standing and Shadow

rapporteurs on TTIP, and Chair and Standing rapporteurs of Committees involved in US

monitoring group, as had been the practice before. Two individualised and watermarked paper

copies are also sent to the INTA Secretariat. Finally, since the end of 2015 all MEPs are allowed

access to ‘consolidated negotiation texts’ in a secure reading room, with no paper copies

allowed. In spring 2016, access to classified documents (including ‘consolidated negotiation

texts’) was further extended to Members of National Parliaments in reading rooms in Member

State capitals (answers to parliamentary questions E-014341/2015; E-015494/2015; E-

001371/2016; European Commission, 17/09/2015 internal document).

Hence, access to TTIP documents has been extended from a selected number of INTA

Members to all MEPs and even national parliaments. The “Trade for all” strategy now

envisages extending these practices for similar negotiations as well.23 Yet throughout this

process of extending access to negotiating documents, it became clear that the EP lacked the

administrative capacity to handle the increased influx of information. There was a need to

supplement written information with more explanatory interactions, to inform MEPs more

thoroughly to help the quality of discussions in the INTA Committee (Interview 11). These

21 Documents for other trade negotiations go through INTA secretariat and are distributed by e-mail to INTA

members (Interview 17).

22 The limits of such “need-to-know” were articulated in the document setting out the operational arrangements

of 02/12/2015.

23 Interestingly, all documents – even consolidated texts – relating to the TiSA negotiations are being sent via e-

mail (Interview 18).

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interactions over time developed from infrequent, informal meetings to an institutionalised

framework of EP-Commission interaction.

The INTA monitoring group on the US, which is now often referred to as the “TTIP monitoring

group” considering it covers TTIP issues 90% of the time, also enjoys special status. It is the

only monitoring group that is open to participation by all MEPs, also for in camera meetings

(Interview 17, 18). At the same time, it is also the only monitoring group where there is a

briefing by the Commission chief negotiator before each negotiation round with the US

(Interview 18, 19). This allows participants of the monitoring group to have a direct input in

upcoming negotiations. In other monitoring groups, such debriefings only take place after the

respective negotiation round with the external trade partner. Compared to other monitoring

groups, it is the most structured and detailed one in the INTA committee (Interview 19). With

9 meetings and an average of 22 MEPs attending, compared to an average of 3 meetings and 3

MEPs attending for all other monitoring groups, the US monitoring group was by far the most

popular monitoring group in 2015.

While the particularities of the US monitoring group often result in the meetings being very

large, with sometimes up to 50 participants, the flexibility of the format and lack of

interpretation obligations still allows for open discussions. Nevertheless, at times the high

participation rate has made the monitoring group a “semi-public” event, which has resulted in

the Commission chief negotiator becoming more diplomatic and cautious in his debriefing

(Interview 19).

In addition to monitoring groups, INTA also organises technical briefings on specific topics

that require more in-depth discussion. Such technical briefings have become common practice

since their introduction in 2010 (Letter De Gucht – Moreira 26/10/2010). This happens usually

on demand of the Parliament, but sometimes the Commission proactively asks to organise a

briefing. These briefings are open to the same MEPs as the relevant monitoring group is, but

attendance is usually lower because of the technical nature of the topics: “MEPs want to have

enough information but not more than they can handle, as they have plenty of other dossiers as

well.” (Interview 17). In such technical briefings, the Commission gives background

information on specific topics that are specifically fact- and expertise-based (Interview 14, 19).

This is rather different from the monitoring groups, which are also used to pass political

messages (Interview 19). Technical briefings are also used in case there is no specific

monitoring group that covers the topic in question (Interview 14). In essence, technical

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briefings are even more informal and flexible than monitoring groups are. This is particularly

the case for larger monitoring groups, like the one on the US.

Since 2010, contacts between DG Trade and the INTA Committee on staff level have also been

intensified by establishing a practice of briefing meetings between the INTA Secretariat,

political group advisors, and DG Trade ahead of monthly INTA Committee meetings (Letter

De Gucht – Moreira 26/10/2010; observation).

Additional element is that the profile of the INTA Committee chair changed with the increased

importance of the INTA Committee after Lisbon: in 2014 INTA Chair Vital Moreira was

replaced by Bernd Lange, who takes a much more assertive stance as Committee Chair

(Interview 14). The INTA Committee has also been encroaching on the AFET Committee in

terms of importance in the eyes of third countries, as the EP now has a much stronger influence

on trade policy than on official foreign policy of the EU (Interview 14).

The practice of monitoring groups and technical briefings ensures a level of specialisation of

the MEPs involved in the file (Interview 14). The practice of having a Standing Rapporteur for

each region also ensures continuity for the Commission’s contacts in the EP for specific

geographical regions. Without the current practice of allocating the monitoring groups to a

specific political group, the Standing Rapporteur could change quite easily after the report or

resolution had been voted in plenary (Interview 11). In addition, the members of a monitoring

group ensure a much more stable base of interlocutors with the rest of the Parliament. Frequent

interactions also reduced the need for bilateral meetings between DG Trade and MEPs on a

specific negotiation (Interview 11, 14).

Next to inter-institutional communication, intra-institutional communication has been

strengthened to a significant degree with the TTIP negotiations: INTA legacy report 7th term p

6-7:

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Political capacity: co-optation:

tbw

Results

Summarising the results on the EP’s administrative and political capacity, we found that the

EP has successfully enhanced its capacity on an internal, administrative, level since it was

granted new powers with the Lisbon Treaty, and that it was willing to translate this into capacity

on an external, political, level during the TTIP negotiations (table 2). Administrative and

political capacity together build the EP’s policy capacity that is its set “of skills and resources

– or competences and capabilities – necessary to perform policy functions” (Wu, Ramesh and

Howlet 2015, 166).

Having distinguished administrative capacity into (1) independence of the EP, and (2a) intra-

institutional integration, we found that the EP has enhanced its resources and organizational

structure since the Lisbon Treaty. Regarding the first dimension, to act independently from

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other EU institutions, the EP’s INTA Committee secretariat indeed doubled in size between

2010 and 2015. The INTA Committee, which is the central committee in EU CCP, developed

rules of procedure to ensure a systematic and evidence-based approach on trade policy:

examples are the practice of “Feedback from monitoring groups” or the revision of INTA

General Principles regarding Standing Rapporteurs and Monitoring Groups. By now, the EP

has its own legal service, the European Parliamentary Research Service and DG EXPO’s Policy

Department, which enhance processing data and information within the organization.

Regarding the second administrative dimension of intra-institutional integration, the

establishment and expansion of monitoring groups turned out to be crucial to follow trade

negotiations effectively (Interview 1_KM, Interview 8_KM). Apart from an overall increase

of INTA meetings, the INTA Committee set up country-specific monitoring groups with

Standing Rapporteurs and Shadow Standing Rapporteurs. The monitoring groups and the

Standing Rapporteurs are responsible for gathering information on trade negotiations and for

setting up person-to-person contact with other EU institutions (Interview 4_KM). With its new

intra-institutional structure of monitoring groups and rapporteurs, the EP is nowadays much

better equipped to be involved in trade negotiations than it was before the Lisbon Treaty

(Interview 1_KM, Interview 2_KM).

Political capacity was differentiated into (2b) inter-institutional integration, that is relations

with other EU institutions, and (3) co-optation of third actors such as civil society

organizations, national parliaments or the trade negotiation partner. In the case of TTIP, we

found that the EP put a great deal of effort into inter-institutional integration. It was successful

with several of its demands with which it obtained better access to documents and information:

making the negotiation directives public, getting access to all negotiation documents by all

MEPs, being debriefed before and/or after each bargaining round, having technical briefings

with the Commission, and organized briefing meetings before INTA Committee meetings.

While the EP has, according to the Lisbon Treaty, the right to be informed about trade

negotiations, the quality and quantity of information on and involvement in the TTIP

negotiations was unprecedented (Interview 11, 13, 14_KM). One example are technical

briefings which the Commission used to have only with the Council, but which the EP

successfully managed to demand in its own favour (Interview 4_KM). The practice of

monitoring groups and technical briefings ensures a level of specialisation of the MEPs

involved in the file (Interview 14). The practice of having a Standing Rapporteur for each

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region also ensures continuity for the Commission’s contacts in the EP for specific

geographical regions. Without the current practice of allocating the monitoring groups to a

specific political group, the Standing Rapporteur could change quite easily after the report or

resolution had been voted in plenary (Interview 11). In addition, the members of a monitoring

group ensure a much more stable base of interlocutors with the rest of the Parliament. Frequent

interactions also reduced the need for bilateral meetings between DG Trade and MEPs on a

specific negotiation (Interview 11, 14).

Further to inter-institutional integration, the EP also greatly enhanced its political capacity in

the area of co-opting third actors. The degree of engaging with civil society organizations on

TTIP was unusually high: the EP, and also the INTA Committee, organized public hearings,

workshops with experts, and it teamed up with civil society organizations. One example was

the joint initiative of the EP together with the European Ombudsman and civil society where

they successfully put pressure on the Commission to introduce a transparency initiative on

TTIP (EP 2015). Apart from civil society, the EP also organized a lunch meeting with national

parliaments and it addressed the US as the negotiation partner directly. It organized hearings

and parliamentary sessions with American officials in order to discuss the TTIP negotiations

(Interview 12_KM).

+ the motivating factors (explanatory)

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Table 2: Empirical results on the EP’s policy capacity

Policy capacity Institutionalisation Institutional resources

(indicators)

Operationalisation Results

Administrative

capacity

Independence Availability of capable

individuals

Staff numbers, background, seniority,

dedicated staff

INTA Committee secretariat doubled in

size between 2010 and 2015

Processes for timely and

systematically collecting and

analysing data

Frequency of reports produced, IT systems,

centrality of data collection, document

retention policy, research service

Legal Service, DG EXPO’s Policy

Department and the European

Parliamentary Research Service

Organisational commitment

to evidence-based policy

Mission statements, rules of procedure Practice of “Feedback from monitoring

groups” in each INTA meeting,

revision of INTA General Principles

regarding Standing Rapporteurs and

Monitoring Groups and of INTA

General Principles regarding Standing

Rapporteurs and Monitoring Groups for

Negotiations and Implementation of

International Trade Agreements

Efficient information system Internal communication systems (e-mail,

phone)

Intra-institutional

integration

Internal organisation

Organigram, DG-Unit relation, secretariat,

types of staff, frequency and format of internal

Increase INTA meetings between 2010

and 2013 (graph 1), INTA monitoring

groups, advance schedule for

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coordination meetings, policy desk-research

service relation

monitoring groups, qualitative and

quantitative data gathering on

attendance of monitoring groups,

Standing Rapporteurs and Shadow

Standing Rapporteurs

Political

capacity

Inter-institutional

integration

Political-institutional

environment

Relations with other legislative & executive

actors/institutions through formal and informal

coordination procedures

Negotiation directives are made public,

EP resolution on negotiation directives

as de facto authorization of mandate,

changing rules of access to ‘EU

Limite’, ‘EU Restricted’ documents

and ‘Consolidated negotiation texts’ by

all MEPs, monitoring group meetings

with Commission before and/or after

each negotiation round, technical

briefings, briefing meetings ahead of

INTA Committee meetings

Co-optation Policy learning relations with

public, civil society

organisations and business

groups

Information sessions, informational flyers,

public conferences, media publications,

interviews, access points, consulting of outside

experts

Workshops, public hearings

Relations with national (EU

and non-EU) actors

Parliamentary delegations, missions Lunch with national parliaments,

meetings and parliamentary sessions

with US representatives

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Conclusion

How has the EP built policy capacity since the Lisbon treaty and over the course of salient and

highly politicized policy issues? This article set out to explore the extent to which the EP’s

development of policy capacity is linked to the increasing politicization of policy issues. The

EU’s CCP and the negotiation of international agreements makes an ideal case given that the

EP is faced with two crucial developments in this area: first, the EP, now receives an enormous

amount of information in the area of CCP. For this, it requires the administrative capacity to

handle the briefings and documents provided by the Commission. Second, international

agreements have become publicly contested in recent years, and especially TTIP is a highly

politicized trade agreement. This requires the EP to develop the relevant political capacity in

order to keep up with specific policy developments in the individual negotiations. A

combination of the two – administrative and political capacity – constitute policy capacity.

Based on the conceptual differentiation of policy capacity into three dimensions –

independence and intra-institutional integration, interinstitutional interaction, and co-optation

– this article shows empirically that, first, the EP’s INTA Committee has developed an

independent and integrated institution since the Lisbon treaty through the establishment of

monitoring groups and responsible rapporteurs. These monitoring groups and rapporteurs were

created in an attempt to handle the growing influx of information on international trade

negotiations. Leveraging this administrative capacity, INTA managed to strengthen inter-

institutional integration with the Commission substantially during the TTIP negotiations. The

monitoring groups and rapporteurs gather information from the Commission and organize

debriefings and technical meetings. Further, since the TTIP negotiations, the INTA committee

has been increasingly collaborating with other committees, e.g. AFET and LIBE, in order to

be more effective in monitoring the negotiations (cf attendance of other Committees to US

monitoring group). Third, especially on TTIP, INTA made use of extensive co-optation by

collaborating with non-governmental organizations, gathering expertise from experts or

engaging in direct discussions with the US as negotiation partner (cf. lunch with national

parliaments November 2016). In brief, further developing post-Lisbon administrative capacity

into specific TTIP political capacity was crucial in strengthening the EP’s role in leveraging its

oversight right of the TTIP negotiations. The politicization of the TTIP negotiations was a

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necessary factor for INTA to be willing to put its administrative capacity into practical political

capacity.

The results of this article and the question of capacity building within the EP also have

implications for the democratic legitimacy of EU decision-making. Administrative capacity

touches on the issue of the assumed automatic link between the availability of information –

i.e. transparency – and accountability (Naurin, 2007). Rather than being an automatic link, we

argue that the administrative capacity of the EP to gather and process information on the

Commission’s behaviour is a necessary factor to ensure an effective handling of this

information (Brandsma, 2012).

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