re:publica 2016 #rpten: how the eu works

Kirsten Fiedler & fukami//HOW THE EU WORKS//#rpTEN//BERLIN

Kirsten Fiedler & fukami//HOW THE EU WORKS//#rpTEN//BERLINKirsten Fiedler & fukami//HOW THE EU WORKS//#rpTEN//BERLIN

What we will be talking about

EU geekery:

Who does what in Brussels?How and on what basis?What are the policy topics in the digital sector?How can policy-making be influenced?

Main question: How do I talk to the right people at the right time about the right topic?

Large parts of this presentation is taken from the EDRi paper “Activist guide to the Brussels maze”, see http://edri.org/papers


The European Union


European Union (EU): Member States and candidates

Source: Wikipedia:


Ratified treaties

Source: Wikipedia:


Related treaties

Source: Wikipedia:


Related treaties: Eurozone


Related treaties: Internal cooperations


Related treaties: European Economic Area (EEA), Nordic Council


Related treaties: European Free Trade Association (EFTA) and EU Customs Union


Related treaties: Schengen Area


Related treaties: Council of Europe (CoE)


Related treaties: BSEC, GUAM, CEFTA, Monetary agreement with the EU, Union State


We are focusing only on the EU


Treaty of Lisbon signed on 13 December 2007(in effect since 1.12.2009)

Accession to the European Convention on Human Rights (ECHR)

Defines the responsibilities of the EU

Introduction of the European Citizens Initiative (ECI)

Parliament given more power

Loss of veto rights for individual Member States

Creation of a single “Foreign Affairs Ministry”

Structured cooperation in defence matters


Article 11 of the Treaty on the Functioning of the European Union (TFEU)

1. The institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.


The EU Institutions


Correlation between Parliament, Commission and Council

Citizens


European elections

Citizens

European Parliament



European elections

Citizens

European Parliament


electsNational Parliament


European elections

Citizens

European Parliament



elects

National Government

Becomes a part of

Council of the European Union


European elections

Citizens

European Parliament



elects

National Government

Becomes a part of


recommends


European elections

Citizens

European Parliament



elects

National Government

Becomes a part of


recommendsagrees


The European Parliament


European Parliament

751 Parliamentarians (MEPs)

Parliamentary work is split in 20 main committees (+ 2 sub-committees)

Each political group has a coordinator

Secretariat for each committee (organisational) and each group (political)

Parliamentarians can have between 0-numerous assistants (plus interns), most have two to three


Political groups in the European Parliament

751Commission Majority (475) Opposition and Non-Aligned (276)

ECR: European Conservatives and Reformists (74)

GUE/NGL: European United Left–Nordic Green Left (52)

Greens/EFA: The Greens –European Free Alliance (50)

EFDD: Europe of Freedom and Direct Democracy (46)

ENF: Europe of Nations and Freedom (38)

Non-Attached Members (16)

EPP: European People's Party (215)

S&D: Progressive Alliance of Socialists and Democrats (190)

ALDE: Alliance of Liberals and Democrats for Europe (70)


Germany 96France 74UK 73Italy 73Spain 54Poland 51Romania 32

Seats in the European Parliament by country

Netherlands 26Belgium 21Greece 21Portugal 21Czech Rep. 21Hungary 21Sweden 20

Austria 18Bulgaria 17Danmark 13Finland 13Slovakia 13Ireland 11Croatia 11

Lithuania 11Slovenia 8Latvia 8Estonia 6Cyprus 6Luxembourg 6Malta 6

751Countries sorted by size


Committees of the European Parliament

DEVEDevelopment

28

AFETForeign Affairs

71

INTAInternational Trade

41

BUDGBudget

41

CONTBudgetary Control

30

ECONEconomic & Monetary Affairs 61

EMPLEmployment & Social Affairs 55

ENVIEnvironment, Public Health, Food Safety 69

ITREIndustry, Research & Energy 67

IMCOInternal Market & Consumer Protection 40

TRANTransport & Tourism

49

REGIRegional Development

43

AGRIAgriculture & Rural Development 45

PECHFisheries

25

CULTCulture & Education

31

JURILegal Affairs

25

LIBECivil Liberties, Justice, Home Affairs 60

AFCOConstitutional Affairs

25

FEMMWomen's Rights & Gender Equality 35

PETIPetitions

34

SEDESecurity & Defence

30

DROIHuman Rights

30

Subcommittees


Work on legislative documents and dossiers

Contrary to national parliaments, normal Parliamentarians are responsible

The MEP in charge of a dossier is called Rapporteur; reports in plenary

Political groups send each their MEP who will be the Shadow Rapporteur

Non-legislative dossiers--> Parliament gives input to the EU Commission (e.g. on international agreements, like Passenger Name Records / PNR or Anti-Counterfeiting Trade Agreement / ACTA)


The Council of the European Union



The Council is composed by the heads of governments of the Member States; formulates general political goals and priorities

President of the Council is elected for 2.5 years; is chairing the meetings; no voting rights

Permanent Representations (Perm Reps) are the “embassies” of the Member States



The Council is also called Council of Ministers (or simply Council); organised in 150 working groups and committees

Presidency; chairing the Council; changes every 6 months; at the moment Netherlands; can have big impact (e.g. UK pushed data retention)


Composition of the Council of the EU according to political orientation

EPP: European People's Party (8)

S&D: Progressive Alliance of Socialists and Democrats (9)

ALDE: Alliance of Liberals and Democrats for Europe (7)

ECR: European Conservatives and Reformists (3)

GUE/NGL: European United Left–Nordic Green Left (1)

Non-Attached Members (1)


The European Commission


European Commission

Executive body

27 Commissioners plus the President

Responsible for 33 Departments(„Directorates-General” or Dgs)

It alone has the legislative initiative

Ensures correct implementation of European legislation (Directives, Regulations, Decisions)

Implements budgetary and funding programmes


First Vice-President

Frans TimmermansBetter Regulation, Inter-Institutional Relations, Rule of Law & Charter of

Fundamental Rights

Vice-President

Kristalina GeorgievaBudget & Human Rights

Vice-President

Maroš ŠefčovičEnergy Union

Vice-President

Jyrki KatainenJobs, Growth, Investment and

Competitiveness

Vice-President

Valdis DombrovskisEuro and Social Dialogue

Vice-President

Andrus AnsipDigital Single Market

Vice-President

Federica MogheriniForeign Affairs and Security

Policy

PresidentJean-Claude Juncker

Commissioner

Günther OettingerDigital Economy & Society

Commissioner

Věra JourováJustice and Consumers

Commissioner

Pierre MoscoviciEconomic & Financial Affairs,

Taxation & Customs

Commissioner

Marianne ThyssenEmployment, Social Affairs, Skills

and Labour Mobility

Commissioner

Corina Cre uțRegional Policy

Commissioner

Johannes HahnEuropean Neighbourhood Policy &

Enlargement Negotiations

Commissioner

Dimitris AvramopoulosMigration, Home Affairs and

Citizenship

Commissioner

Vytenis AndriukaitisHealth and Food Safety

Commissioner

Jonathan HillFinancial Stability, Financial Services

& Capital Markets Union

Commissioner

Elżbieta BieńkowskaInternal Market, Industry,

Entrepreneurship and SMEs

Commissioner

Miguel Arias Cañete

Climate Action and Energy

Commissioner

Neven MimicaInternational Cooperation

and Development

Commissioner

Margrethe VestagerCompetition

Commissioner

Violeta BulcTransport

Commissioner

Cecilia MalmströmTrade

Commissioner

Karmenu VellaEnvironment, Maritime Affairs and

Fisheries

Commissioner

Tibor NavracsicsEducation, Culture, Youth

and Sport

Commissioner

Carlos MoedasResearch, Science and

Innovation

Commissioner

Phil HoganAgriculture and Rural

Development

Commissioner

Christos StylianidesHumanitarian Aid and Crisis

Management

The Juncker Commission




Fundamental Rights

Vice-President


Vice-President


Vice-President


Competitiveness

Vice-President


Vice-President


Vice-President


Policy


Commissioner


Commissioner


Commissioner

Pierre MoscoviciEconomic & Financial Affairs,

Taxation & Customs

Commissioner


and Labour Mobility

Commissioner

Corina CrețuRegional Policy

Commissioner



Commissioner


Citizenship

Commissioner


Commissioner



Commissioner



Commissioner

Miguel Arias CañeteClimate Action and Energy

Commissioner

Neven MimicaInternational Cooperation

and Development

Commissioner


Commissioner


Commissioner


Commissioner

Karmenu VellaEnvironment, Maritime

Affairs and Fisheries

Commissioner

Tibor NavracsicsEducation, Culture, Youth and

Sport

Commissioner

Carlos MoedasResearch, Science and Innovation

Commissioner

Phil HoganAgriculture and Rural Development

Commissioner


Management

The Juncker Commission




Fundamental Rights

Vice-President


Vice-President


Vice-President


Competitiveness

Vice-President


Vice-President


Vice-President


Policy


Commissioner


Commissioner


Commissioner

Pierre MoscoviciEconomic & Financial

Affairs, Taxation & Customs

Commissioner


and Labour Mobility

Commissioner

Corina CrețuRegional Policy

Commissioner



Commissioner


Citizenship

Commissioner


Commissioner



Commissioner



Commissioner

Miguel Arias CañeteClimate Action and Energy

Commissioner

Neven MimicaInternational Cooperation and

Development

Commissioner


Commissioner


Commissioner


Commissioner

Karmenu VellaEnvironment, Maritime

Affairs and Fisheries

Commissioner

Tibor NavracsicsEducation, Culture, Youth

and Sport

Commissioner

Carlos MoedasResearch, Science and

Innovation

Commissioner

Phil HoganAgriculture and Rural

Development

Commissioner


Management

The Juncker CommissionPolitical affiliation

S&D 8

EPP 14

ALDE 5

ECR 1


Directorates-Generals (DGs) of the EU Commission

AGRI Agriculture and Rural Development FPI Service for Foreign Policy Instruments

BUDG Budget GROW Internal Market, Industry, Entrepreneurship and SMEs

DEVCO International Cooperation and Development HOME Migration and Home Affairs

CLIMA Climate Action HR Resources and Security

COMM Communication JRC Joint Research Centre

CNECT Communications Networks, Content and Technology JUST Justice and Consumers

COMP Competition MARE Maritime Affairs and Fisheries

DIGIT Informatics MOVE Mobility and Transport

DGT Translation NEAR Neighbourhood and Enlargement Negotiations

EAC Education and Culture REGIO Regional and Urban Policy

ECFIN Economic and Financial Affairs RTD Research and Innovation

ECHO Humanitarian Aid and Civil Protection SANTE Health and Food Safety

EMPL Employment, Social Affairs and Inclusion SCIC Interpretation

ENER Energy SG Secretariat-General

ENV Environment TAXUD Taxation and Customs Union

ESTAT Eurostat TRADE Trade

FISMA Financial Stability, Financial Services and Capital Markets Union


Advisory bodies of the EU

European Economic and Social Committee (EESC) represents the civil society, companies and employees

European Committee of the Regions represents the regional and local administration


EU Ombuds(wo)man

European Ombudsman investigates complaints about maladministration in the institutions and bodies of the EU

Important activities:

-Pushes for greater transparency of the institutions-Pushes for transparency in the TTIP negotiations-Pushes for whistleblower protections in the EU

institutions (draft internal rules on whistleblowing)


European Agencies

EDPS EU Data Protection Supervisor

ENISA European Network and Information Security Agency

Europol European Police Office

BEREC Body of European Regulators for Electronic Communications

FRA EU Fundamental Rights Agency


Justice of the European Union (CJEU)

Highest court in the European Union in matters of European Union law

Based in Luxembourg

Purpose: “Law is observed in the interpretation and application of the Treaties”

Judges from every EU country each get appointed for 6 years by the Council

Much debated decisions: “Right to be forgotten”, “Data Retention”, Schrems case


proposes legislationCommission

How a draft text becomes law


proposes legislation

Parliament

Commission

Council


amends proposal and adopts own position



proposes legislation

Parliament

Commission

Council


Trilogue


amends proposal and adopts own

position

Commission, Parliament and Council come together

and try to find a compromise


EU Lobbying and Advocacy


Difference Lobbying vs. Advocacy

Art. 11 TEU: CSO (Civil Society Organisations) should be involved in policy-making processes of the Union.

Lobbying means the representation of companies and trade associations.

Advocacy means the representation in the defence of civil rights.

This difference is important in Brussels!


Transparency Rules in the EU

Transparency register of the EU

Not (yet) mandatory

Overview of the main work areas and finances of the registered organisations and a list of contact persons

Necessary to get access to the Parliament

Industry, associations, lobby agencies and NGOS but also astroturf organisations


Transparency Register of the EU:Online Register


Transparency Register of the EU:Status April 2016

In total around 9000 registered organisations

Consultancies, law firms/self-employed consultants 1,056In-house lobbyists and trade/business/pro. associations 4,657Non-governmental organisations 2,327Think tanks, research and academic institutions 659Churches and religious communities 42Local, regional and municipal authorities, PPP 429


EDRi: European Digital Rights


EDRi

Founded in 2003 in Berlin as the European Digital Rights AISBL

Founding members: CCC, Fitug (DE), Privacy International, FIPR (UK), Quintessenz, Vibe (AT), Bits of Freedom (NL), Digital Rights (DK), EFFI (FI), IRIS (FR)

In 2016, 31 NGOs from 18 countries; mostly EU plus EFF and Access Now


EDRi Policy Work

Defends digital human rights

Early warning system

Participates in consultations

Editor of the EDRi-gram

Position papers and proposes amendments on legislation

Coordination with NGOs across Europe

Events


Four key priorities:

1. Data protection2. Surveillance3. Copyright4. Net neutrality

But also with lower priority:

• Trade agreements• Privatised law enforcement• Internet Governance

EDRi Policy Work


Revision of the Audiovisual Media Services Directive

Export control policy review

Smart Borders Package

EU Satellite and Cable Directive

Review of the regulatory framework for electronic communications networks & services

EU Citizenship

Commission consultations of the past months

Needs for Internet speed and quality beyond 2020

Priority ICT Standards Plan

Online platforms

Tackling unjustified geo-blocking

New eGovernment action plan 2016-2020

“Intellectual Property Rights” enforcement


Policy Timeline


Policy Timeline

Public Debate


Policy Timeline

AdvocacyPress

„AcceptablePolicies”

Policy DebateINI Report

Public Debate

AdvocacyPress



Policy Timeline

AdvocacyPress


CommissionPolicy DebateINI Report

Public Debate

AdvocacyPress


Advocacy


Policy Timeline

AdvocacyPress



Public Debate

AdvocacyPress


Advocacy

Proposal


Policy Timeline

AdvocacyPress


CouncilParliament


Public Debate

AdvocacyPress


Advocacy

Proposal

Europe-wideCampaigning


Policy Timeline

AdvocacyPress


CouncilParliament


Public Debate

AdvocacyPress


Advocacy

Proposal


Decision


Policy Timeline

AdvocacyPress


Member StatesRegions

CouncilParliament


Public Debate

AdvocacyPress


Advocacy

Proposal


Decision

NationalCampaigning

Implementation


What’s up now?


Important topics

Finalised: Data Protection Regulation, NIS Directive, “Trade Secrets” Directive, EU PNR, Europol Directive

Overarching: “Digital Single Market”

Ongoing: Anti-Terrorism Directive, Copyright reform, TTIP, TiSA

Upcoming: ePrivacy reform, “Migration crisis”, smart borders, export controls


After Paris/Copenhagen/Brussels:Fast-Track Policy Making

EU PNR - despite pending CJEU decision now finalised; “NO campaign” by EDRi

“Dati Report” on the topic of “radicalisation”; last-minute changes on encryption and censorship of legal contents; non-legislative

Anti-Terrorism Directive; drafted in only two weeks; no impact assessment, rushed through Parliament


Other initiatives:EU Internet Forum

Was announced on several occasions since 2014Officially launched: 3 December 2015

Europol is mainly in charge, together with Commission (DG Home and DG Justice)

Participants : Internet companies (Ask.fm, Google, Microsoft, Facebook, Twitter), Commission and Member States, Europol, no civil society.


Where and how to get information about digital policies in the EU?

Read the EDRi-gram: Articles about current policies concerning digital civil rights Publications in German: netzpolitik.org, irights.infoPublications in Englisch: vieuws.eu, euractiv.com

Pages of the EU Parliament, Commission and Council, EU Whoiswho, EU Transparency Register

Interesting Projects: ParlTrack, Open Interest, Lobbyplag

Wikipedia


Depends on interest and time

Create awareness

Talk and ask your MEPs, NGOs, …

Support campaigns

Help NGO projects (for ex. on transparency)

Participate in consultations and expert meetings

Donate to EDRi (or one of its member organisations)

How to get involved?


1The top 10 advocacy tips

2345

Be early.

Be reliable.

Be honest.

Be understanding.

Be nice!

678910

Be thorough.

Be brief.

Be consistent.

Be personal.

Be a bridge

builder.


Thank you for your attention! Questions?


Links

EDRi homepage: http://edri.org/EDRi papers: http://edri.org/papers/Paper „Activist guide to the Brussels maze": http://edri.org/wp-content/uploads/2013/09/paper01_web_20120118_2.pdfEDRi-Gram, bi-weekly newsletter: http://edri.org/newsletters/


LinksInteresting resources

EU Transparency Register: http://ec.europa.eu/transparencyregister/public/homePage.doEU Who is who: http://europa.eu/whoiswho/whoiswho.html Parltrack: http://parltrack.euwiki.org/notification/edriLobbyplag: http://lobbyplag.eu/governmentsOpenInterests http://openinterests.eu/ Ask the EU (access to documents) http://asktheeu.org/ EU Parliament MEP twitter data base: http://www.meptwitter.eu/MEPs (2014-2019) who signed the “Charter of Digital Rights” https://www.wepromise.eu/en


LinksTools

Parliament diagram tool: http://tools.wmflabs.org/parliamentdiagram/parliamentinputform.html