Negotiation process in politics among different interest groups

11.04.2014 , RigaAgnes Kasper

LECTURE OUTLINE

• INTRODUCTION• INSTITUTIONS AND ACTORS• LEGISLATIVE PROCESS• LOBBYING• EXAMPLES• REGULATION OF LOBBY

Policy process

What is policy?

Public policy process in brief

Problem identification

Policy formulation

Policy adoptionPolicy implementation

Policy evaluation

Actors in the policy process

• Main categories of actors in the policy process.– Official actors – statutory or constitutional

responsibilities.• Legislative, executive, and judiciary.

– Unofficial actors – participation with no explicit legal authority.• Interest groups, media, political parties, voters.

Official actors – branches of government

• Legislature• Executive• Judiciary

Legislature

Functions Law-making, control of executive, control of finances, etc

Goal Getting reelected, pleasing the voters

Nature Decentralized – works in committees, issue networks, party leaderships

Executive

Functions execute, enforce and administers laws, agenda setting

Goals effective accomplishment of different agendas, provide public goods

Nature hierarchical, appointed executives and permanent bureaucracy, fixed and official jurisdictional areas

Judiciary

Functions interpret legislation

Goals administration of justice

Nature reactive to public policy

EU Institutions

Unique institutional setup• European Council – broad agenda-setting, leaders of EU• European Parliament – directly elected MEPs, represent

citizens• European Commission – represents the interests of the

EU as a whole, members appointed by member states’ governments

• Council of the European Union – defend national interests of member states

• European Court of Justice – interprets EU law

Decision making process in the EU

3 main institutions are involved:– Commission– Council– EP

In principle, the Commission proposes new laws, and the Parliament and Council adopt them. The Commission and the member countries then implement them, and the Commission ensures that the laws are properly applied and implemented.

Ordinary legislative procedure (Art. 294 TFEU) is used for policiest that apply all over the EU.

Unofficial actors in the policy process

Interests groupsMediaIndividualsPolitical partiesThink tanks and research institutions

Interest groups activities – common advocacy

Common advocay methods are often used to enforce changes by making demands. Most of the time these methods are primarily used to send out to mobilise people typically in order to weaken the position of a particular decision-maker.– Campaign contributions–Media content–Mass mobilization, protest, and litigation– Riots and protest marches

Lobby

What is lobby?Do you know any lobbies?

Lobbying

Lobbying is interest intermediation, interest groups activity connecting public institutions/agencies to citizens.

Lobbyist is defined as organization or individual that seeks to influence policy , but does not seek to be reelected. (Richardson, 2002)

“Janus-faced” creatures for looking towards both state and society, sometimes regarded as “factions” for undermining general interest.

Rationale of Lobby

Indispensable for serving as a channel for the voice of citizens, act as “schools for democracy” – socializing citizens as political beings. (Eising, 2007)

Important supply of information and potential source of legitimacy for policy-makers. (Coen, 2007)

Nature of lobbying

Lobbying is a specialized form of advocacy. It is a strategic, palnned and informal way of influencing decision-makers. It is typically two-way, open communication by linking the interests of different stakeholders, creating win-win situations and investing in long-term relationships with decision-makers.

Common advocacy vs Lobbying

Some facts

In the European public policy process some 15,000 Commission and European Parliamentary officials face some 20,000 lobbyists on a daily basis . (Coen, 2007)

Estimated, 1450 formal interest groups operating at the European level, 350 firms with European affairs offices and 267 law and public affairs firms active in EU public policy.(Coen, 2007)

In 2013 the total number of entities engaged in lobby is over 5000.

Lobby groups exert influence along the whole European policy process -initiation and ratification of policy at the Council of Ministers, - agenda setting and formulation at European Commission led forums, - reformulation of policy at the European Parliament committees, - to the final interpretation, harmonisation and implementation of regulation in the nation state.

In following and accessing all points of the policy process, EU interest groups are important supply of information on the development and delivery of EU public policy and a potential source of legitimacy to policy-makers. (Coen, 2007)

EU influence on interest groups

Four characteristics of the EU influence the formation, the role and fuctions of interest groups.

- highly dynamic system- complex system- multi-level system- privileges consensus building (Eising, 2007)

EU influence on interest groups

- EU is a highly dynamic system deepening integration and expansion of EU competences result in:

- Growing number of groups; - Diversity in group profiles; - Difficulty to forecast political developments

(devotion of resources to monitoring)

EU influence on interest groups

- EU is a highly complex system importance of interest groups vary substantially accross policy areas, which result in:

- In areas where the EU has exclusive competence, such as CAP, Common Commercial Policy, etc, interest groups have good access to institutions.

- In areas that has been second and third pillar in the old system, such as foreign policy, refugee and asylum policy, the access is more restricted.

EU influence on interest groups

- EU is a multi-level system member states also have important say in the EU Policy making, therefore

- they offer different access point to interest organizations

- Transposition of measures into national law and implementation at the national level

- Co-ordinated action at all levels

EU influence on interest groups

- EU is a system that privileges consensual decision-making the historical preference of consensus was replaced by reliance on qualified majority for practical reasons,

- however this legacy implied that opinions of interest groups were taken into account and were regarded as increasing the legitimacy of EU policy – still holds

Differences in lobby organizations

• National lobby emphasize national character of interests, direct membership, besides interest representation perform services for their members (advice, training, partner match-making, etc)

• Euro-groups typically (approx. 2/3) federal structure – associations of associations, some has direct membership, high degree of specialization, low level of resourcing and autonomy - focus on representation of interest, difficulty of internal agreements due to multi-national make-up of membership,

Overcrowding??

EU institutions have difficulty in managing and regulating the expanding numbers of interests. It is also a challenge how interests groups can continue to influence and contribute to the EU public policy process in a positive and constructive form.

Few would question the importance of interest groups to facilitate policy, advocate positions, provide expertise and at times scrutinise authority.

Regulation of EU lobby

• Code of conduct and • Transparency register: http://europa.eu/transparency-register/index_en.htm

Types of associations

• Business interests– Cross-sectoral– Sector associations and firms

• Professional interests- peak associations- sectoral interests

BUSINESSEUROPE (ex UNICE)Cross-sectoral

Union of Industrial and Employer’s Confederation of Europe changed name in 2007.

- Federation of confederations, claims to represent 41 members in 35 countries, covering 20 million companies.

- Mission: “ to ensure that companies' interests are represented and defended vis-à-vis the European institutions with the principal aim of preserving and strengthening corporate competitiveness. BUSINESSEUROPE is active in the European social dialogue to promote the smooth functioning of labour markets.” (www.businesseurope.eu)

- Heavy bureaucracy, difficulties of reaching common position, lowest common denominator broad interest of the entire European business accross the board

AMCHAM-EU or EU CommitteeCross-sectoral

• Defines itself as the “voice of American business in Europe”, represent large US investments in the EU

• The organization historically helped socialize American member companies in the Brussels public affairs

• It provides a forum for business leaders at the highest level to engage EU polititians at the highest level

• Members include top Fortune 100• Coca-Cola, IBM, AT&T, General Motors, Exxon Mobil, Intel, Nike,

McDonald’s, Microsoft, etc.• High fees, exclusive club

ERTCross-sectoral

• The European Round Table of Industrialists• ERT is a forum bringing together around 50 Chief Executives and

Chairmen of major multinational companies of European parentage covering a wide range of industrial and technological sectors. Companies of ERT Members are widely situated across Europe, with a combined turnover exceeding € 1,300 billion, sustaining around 6.8 million jobs in the region. They invest more than €51 billion annually in R&D, largely in Europe; which is equivalent to 18% of total EU R&D expenditure. (www.ert.eu.)

• Flexible structure, allows selection of issues, personal membership on invitation only.

Some more

Cross-sectoral

• EUROCHAMBRES • UEAPME – European Association of Craft,

Small and Medium-Sized Enterpries

Sectoral associations and firms

• EUROFER – Steel industry association• CEMBUREAU – Cement Industry Association• Etc.• Second most important route for EU interests representation, after

contact with national decision-makers, is through EU associations• Direct membership – different stenghts• Associations have special competencies iin representing collective,

EU-wide interests and offer genuine collective opinion.• Individual companies may be solo actors but this is far smaller

segment than interest associations.

Professional interestsThese usually include fully qualified doctors, lawyers, architects, vets, dentists,

engineers, teachers, nurses, writers, artists, managers, etc.

Examples:CEPLIS – European Council of the Liberal ProfessionsEUROCADRES – Council of European Professional and Managerial StaffAEMH – European Association of Senior Hospital PhysiciansCCBE – Council of the Bars and Law Societies of the European UnionEtc.

Professions sometimes had been slow to recognize the benefits of the single market freedoms, its opportunities and acted in a hostile and defensive manner for protectionist reasons

Key civil society organizations/NGOs

European Consumers Organization (BEUC)European Women’s Lobby (EWL)European Trade Union Confederation (ETUC)GreenpeaceOxfamFriend of the EarthEtc.

Lobbying targets

Lobbying targets

• Direct: targets are the actual decision-makers• Intermediate: targets “transmit the message”• Indirect: targets are individuals and

organisations that can influence direct targets

Methods – determined by available political space and access

- Policy brief- Personal letters- Personal meetings, exchanges- Participation in consultation (experts)- Strategic litigation- Informal contacts- Working visits with decision-makers- Participation in public hearings- Drafting joint strategies- Etc.

Guidelines on lobbying by ICCOStep 1 – Clarify the objectives of your organization mission and

objectivesStep 2 – Define you consituency For whom are you doing this?

Define interests and perceptions of beneficiaries.Step 3 – Choose your goal and set objectives set realistic goals and

objectives, differentiate between scope of concern and scope of interest.

Step 4 – Define the decision-makers who do you aim to influence? What are the procedures? Who are the decision-makers?

Step 5 – Prepare your organization for lobby what are your organization’s capabilities? What are internal procedures?

Guidelines on lobbying by ICCO

Step 6 – Identify the stakeholders what are the opportunities and threats in the outside world? Can some other group undermine your efforts? With whom you might collaborate?

Step 7 – Check whether lobby is possible Is lobby effective to influence this policy?

Step 8 – Develop action plan define methods you intend to use and resources you have at your disposal

Step 9 – Implement action plan carry our the planStep 10 – Ensure monitoring and follow-up keep track of

results

Policy scans

Policy scans

ICCO proposes the following logic:• Describe the context and the problem you aim to address• Describe who you aim to support • Verify whether this connects with the mission and objectives the network or

programme coalition you are connected with• Verify whether there is a role for a decision-maker (if there is nosuch role, then lobby and advocacy is not the right tool.)• Describe what the role of the public sector should be• Describe what you want the public sector to do: what should bechanged?• Describe who in the public sector is responsible for bringingabout the necessary changes• Describe what you want from this person and when• Elaborate your objectives as smartly as possible

Workshop challenges

The Commission is now preparing an initiative on E-invoicing in the field of public procurement. Start developing a strategy for the following lobbies:

1. Friend of the trees NGO2. United Printer Manufacturers3. Council of Kind Accountants in the EU4. Business Applications Software Developers’ Chamber5. Association of Small and Medium-Size Enterprises in the EU6. Total Paper Round Table – Paper producer firms CEO’s club

Challenge 2

Your organization has managed to make an appointment with one important decision-maker.

Prepare a policy brief that you can give to the Commissioner on the meeting.

Challenge 2 - note

A good lobbist/mediator• Motivation• General knowledge• Specifoc local knowledge• Skills• Empathy• Non-violence• Creativity• Compassion• Persistence• Process

The end

Thank you for your attention!

Any questions???