Lobbying in the European Union - Research Paper Example

25 June, Contents Introduction 4 Research Purpose 4 Literature Review 5 Lobbying in the European Union 5 Power of Lobbying Institutions 6 Money Influences and Privileged Access 7 European Community Laws and Lobbying 8 Code of Conduct for European Commission Officials 10 Gaps in Literature Review 10 Methodology 11 Research Design 11 Data Collection 12 Data Analysis 12 Discussions 12 Section 1: Semi-Structured Interview 13 Motive of Lobbying 13 Money and Lobbying 13 Privileged Access 14 European Commission Officials 14 Laws and Regulations 14 Section 2: Case Analysis – Green Peace 15 Orientation 15 Action 15 Quest for EU Lobbying Disclosure Laws 16 Improved Code of Conduct of European Commission Officials 16 Elimination of Privileged Access 16 Synthesis/Recommendations 17 Conclusion 17 Works Cited 19 Introduction In the historical sense, lobbying was seen to be an important and an essential part of parliaments and law-making entities where groups of people with various interests gathered in the lobbies of parliament to settle on their collective demands (Richardson 45). This has been seen as a central and significant part of policy making and law-making in which people with interests in various laws take steps to ensure that their interests are protected by lobbying to ensure that laws are formulated in the right way and framework. Lobbying culminates in various ends which include the formulation of modifications or adoption of policy and legislative measure as well as influencing the execution of government policy about specific issues of interest to lobbyists (Zetter 4). Hence, lobbying is done with various ends and possible outcomes in mind and this is what guides the conduct of these lobbyists in carrying out various activities. The European Union is a supranational entity that culminates from a series of European Community agreements that come together to create a sovereign authority that has some higher powers over national governance structures (Gerven 58). This implies that European Union laws and policies sometimes have the power to override or set the framework within which national laws are to be interpreted or operated by nations. Research Purpose The aim of this research is to examine the role of lobbying in Community institutions of the European Union. To this end, the following objectives will be explored: 1. A critical review of the lobbying process involved in the democratic functioning of the European Union; 2. An analysis of the risks and issues in the existing lobbying system of the European Union; 3. An evaluation of the regulations meant to deal with these risks and issues; 4. A recommendation on how the existing system can be balanced to produce thebest results. The study will involve an analytical framework that will make use of various elements and approaches including a literature review and an analysis of the core research questions. This will be followed by an empirical analysis that will involve a field work that will be conducted. Finally, the findings will be evaluated and analyzed in order to find core and fundamental issues and how they can be dealt with. Literature Review The literature review will analyze and evaluate various sources and ideas that are presented by numerous authorities in the field of European Union Law and European Community practices. This will include the analysis of theories and concepts relating to lobbying in the European Community system. It will also involve the presentation of groundbreaking definitions that will be critiqued and evaluated in relation to the aims and objectives of the research. Lobbying in the European Union The Council of Europe’s definition of lobbying in the European Union is that it is “a concerted effort to influence policy formulation and decision-making with a view of obtaining some designated results from government authorities and elected representatives. In the wider sense, the term may refer to public action (such as demonstrations) or ‘public affairs’ activities by various institutions (associations, consultancies, advocacy groups, think tanks, non-governmental organizations, lawyers etc); in a more restrictive sense, it would mean the protection of economic interests by the corporate sector (corporate lobbying) commensurate to its weight on a national or global scene” (European Parliament para 2). This comprehensive explanation of European Union lobbying presented by the Council of Europe indicates that lobbying involves a general view and a more specific view. The general view involves any group and organization, irrespective of their size or scope that attempts to influence and affect or effect policy in the Union. On the other hand, there are some organizations and entities that wield a lot of power that enables them to control and deal with policy due to their competencies and ability to influence policy. These powerful entities are mainly corporate entities that have the capital and wealth that enables them to control policy and deal with the plans and agendas of public institutions within the European Union. Power of Lobbying Institutions The corporate entities and mainstream lobbying entities are the most effective and most successful entities that influence European Union law and policy (Coen and Richardson 19; Karr 92). This is because these lobbying entities are specialized and often full-time entities that maintain strong links with influential persons and they media in order to control and gain important controls over the system in order to push their wishes and expectations on the policy-makers. It is identified that there are over 3,000 registered entities in Brussels alone that target European Institutions and work to influence them (Transparency International para 1). This implies that these entities are strong and they have collective powers to influence various policies based on the motivations they have. Thus, the first issue and challenge that fan be identified in relation to the lobbying system is that there are a lot of specialized lobbying entities that are focused on changing policy in favor of their own personal interests and desires. Hence, this is a major problem and issue that might overshadow small time entities and individuals for whom the European Community institutions must protect. From its inception in 1949, the European Community and other related institutions in the European Union sought to limit the power of governments and heads of states, avoid war and promote the human rights and prosperity of citizens in the European Union (Englebrekt and Hallenberg 130). This shows that in situations and processes where the lobbying system of the European Union is unbalanced and people’s genuine interests are overridden by the most powerful lobbyists and their backers, the fundamental end of the European Union might not be attained and some people might control the law-making system and gain undue advantage in contravention to the very spirit of the European Union. Money Influences and Privileged Access After the expansion of the law-making power of the European Parliament was expanded, there has been a trend towards the expansion of the financial commitments made by lobbyists to influence European Union law and policy. It is estimated that in every situation, an member of the European Parliament is given €10,000 per lobbying arrangement (Brian para 6). This implies that there are few entities and organizations that will seek the interests and of ordinary people in order to deal with matters that they need and desire. There are many processes and many systems that can be utilized by persons to get their lobbying accepted by EU institutions. There are many institutions that can be influenced by these lobbyists hence, there are many avenues for changing the position of lobbyists. However, most authorities and scholars identify that gaining access to authorities come with issues relating to privileged access. According to authorities, the idea of privileged access is steeped in the issue of access-overload in which many persons seeking to meet and have access to authorities in the EU cannot possibly meet such individuals and persons (Coen, EU Lobbying: Empirical and Theoretical Studies 25). This implies that there are numerous ways through which some members of the society and the community can influence and buy their passage through various protocols and connections that other members of the society might not have. Privileged access is enjoyed by some powerful industrial actors who have the power and authority to influence institutions and also make use of powerful connections (Cram 149). There are fewer rules that cover this and the rules that cover this are not so comprehensive to cover various forms of private and disguised efforts to deal with the issue of privileged access (Williams and Richard 157). European Community Laws and Lobbying The Single European Act of 1986 gave room for the qualified majority rule and this meant that any minority that has the right to be considered a significant minority could lobby and seek their interest (Kluver 127). This meant that lobbying could culminate in the attainment of some rights amongst various minority groups and this gave impetus for minority groups to come together to lobby. Prior to that, the main system for lobbying was tagged as diplomatic lobbying where persons lobbied on the basis of their national government in order to influence issues in the European Community (Kluver 128; Boomberg, Peterson and Corbertt 134). There have been very limited laws concerning transparency and ethics in lobbying in the European Union. This is because lobbying was carried out informally and it was done behind the scenes without much effort to regulate it and set standards to force the various public bodies in the European Community to adhere to any standards and regulations. This means that there have been a thriving issue and risk relating to people who could control and deal with the law-making system without much recourse to accountability. Although large-scale issues and problems have not been identified with the European Union, other governments have uncovered various issues and problems with bribery in order to arrange meetings with high-ranking authorities. And in theory, these problems and issues are replicable in the European level and this could lead to various problems and matters that could cause laws to be made to the advantage and benefit of a few rich and privileged individuals who could use their money and power to push unethical and unacceptable procedures and policies towards the creation of laws that will favor them to the detriment of the citizens of the European Union who need to be protected by the law-making bodies and entities. Efforts have however been made to try to regulate lobbying and the influencing of law-making processes and systems. “Only recently did the EC take some steps towards greater transparency of committee governance. Lobbying by members of the Parliament have been flanked by European-level lobbying groups such as Alter-EU (Alliance for Lobbying Transparency and Ethics Regulation), EPACA (European Public Affairs Consultancies Association)…” (Ward 12). These committees and entities have sought to create rules and regulations that provided standards and expectations for the regulation of lobbying and the control of these lobbying practices. Also, other Non-Governmental Organizations as well as human rights groups like the Green Peace have come up with demands and expectations that have placed some kind of limitations and controls on the system and the processes of the European Union’s lobbying systems. Code of Conduct for European Commission Officials Lobbying in the European Union begins with the European Commission which is the European civil service because they have a lawmaking power and authority (Folsom, Lake and Nanda 55). The European Commission has the power to initiate legislation hence the lobbyists’ best option is to try to influence the Commission. The Commission also has the power to initiate proceedings against Member State in the European Court of Justice. Therefore, it is a major loophole that can be explored and exploited by lobbyists. There have been some codes of conducts that have been formulated for officials of the European Commission. These rules are integrated into the employment contract of these European Commission officials and good lobbyists are to respect these codes in approaching officials (Joos 105). This is primarily because these rules and codes of conducts are not binding on these officials. They just tend to be codes of best practices and adherence to them is somewhat optional, rather than compulsory. Hence there is still a risk that the officials of these European Commission institutions will still override the system and lobbyists will still abuse their rights and go beyond the normal trend of the code. Gaps in Literature Review The literature review indicates that the lobbying system is steeped in various rights for minority members of the European Union to demand their rights and also, based on the premise that the European Union institutions have limited power and authority. This has given impetus for various forms of lobbying and quests to change the laws and make policies that favor these groups. However, there is also evidence that lobbying comes with various economic incentives and this has caused some powerful entities to enter the lobbying industry. The power of lobbying institutions is stronger together and many entities come together to form these lobbying groups and come up with various forms of specialized skills and competencies that are utilized in attaining their ends. On the other hand, other authorities argue that money keeps these lobbying groups efficient because they are supported by various entities and various industrial players who use money to influence policy to their advantage and benefit. Some authorities indicate that the lack of laws regulating lobbying causes powerful entities to opportunistically make use of these loopholes. On the other hand, the fact that privileged access is not streamlined and limited, numerous entities and numerous organizations utilize this to their benefit. Finally, the laws on European Commission officials’ conduct are binding in honor only. Therefore, these civil servants can override them and get away with it as long as they are not arrested by any authorities. Methodology As identified above, this study is to find an empirical basis for the issues relating to lobbying and also provide solutions relating to this through empirical studies and analysis. This section will outline how a field work is conducted. This will include an exegesis into the data collection, data analysis and theory formulation. Research Design This study will include a review of the two main sides of lobbying and its issues. The first side will study the supply side of the issue and this includes the examination of the motivation for lobbying and why various processes are utilized. The second section of the study will evaluate the regulatory side of the European lobbying process. To this end, the most radical views on how to end these practices of lobbying will be examined from an extremist point of view. Data Collection Data for the first phase of the research will be collected through a semi-structured interview with a lobbyist in Brussels who understands the European lobbying system and knows the process and motivations. This will involve the examination of their motivations and thoughts about why lobbying thrives in these situations and conditions. The data for the second phase will involve the examination of Green Peace, one of Europe’s most influential and most powerful organizations that seek to promote a better quality of life for Europeans. This will include their analysis of their propositions towards ending lobbying and promoting the rights of individuals in the Union. Data Analysis The findings from the semi-structured interview will be summarized and presented for critical evaluations and discussions. This will be used to identify major motivations and major pointers that push these ideas and concepts of lobbying throughout the Community. Also, the main proposals put forward by Green Peace will be critiqued and evaluated and inferences will be put forward to describe the motivations for those who want the practice of lobbying to be limited drastically. Discussions The findings of the field work provided various results and pointers that relates to the kind of questions and requests put before the various respondents. This is presented below Section 1: Semi-Structured Interview The research involved the presentation of information from a telephone conversation with a lobbyist in Brussels, the details are summarized below: Motive of Lobbying The respondent was asked why organizations will spend millions of Euros to lobby and try to move European Union policy to their favor. The respondent indicated that lobbying is the best way and the most important approach that can be used to create and maintain polity. This is because the absence of lobbying will mean chaos or dictatorship and the Capitalist structures of the European Union might be threatened significantly. Hence, there is the need for members of the European Union to accept that lobbying is a legitimate and appropriate way of making policy and try to live with it by guaranteeing some basic and important rights of citizens. Money and Lobbying The lobbyist was asked if it was morally acceptable for money to be used to induce persons to create laws that will affect various entities. The respondent indicated that money and lobbying could prove problematic, but in his view, that is the only way that lobbying could be done. He identified that there is the need for care to be taken in order to balance all interests in all situations. Hence, there is the need to pay for a group of people to gain the necessary competency and skills to lead lobbying processes and actions in order to attain the ends of organizations. Therefore it is important the money circulates to keep the lobbying industry going. The respondent made two comparative analyses. First of all, he identified that there are numerous professions that might not be necessary. He cited the job of lawyers who are sometimes called upon to represent criminals who clearly, do not deserve any mercy or sympathy. Secondly, the respondent stated that in the United States, this system of lobbying existed many years before the European Union was formed. And from inception, money has kept the lobbying industry of America going so the EU cannot be an exception if we want the Union to thrive. Privileged Access The next question related to the issue of privileged access which was clearly on the same pedestal as bribery. The respondent identified that there is protocol everywhere. Hence, all political systems in all Member States had one form of privileged access or the other. He cited cases of the Spanish, Portuguese monarchs and their traditions of giving privileged access to selected persons only. Hence, he admits that privileged access is a part of the Europe’s culture and there is no justification to eliminate it. European Commission Officials The respondent was asked about whether he believes European Commission officials should be regulated significantly or not. He stated that there are laws that bind them as civil servants. Hence, there is no need for any harsh laws that will limit their scope of activities. Laws and Regulations Finally, the respondent was asked if he believes that laws and regulations were necessary. He identified that the reality is that any new laws will be overridden by interest groups. So there is no need to make conscious laws that might harm the industry and harm the law-making process. He insisted that the status quo is sufficient to deal with all issues and problems. Section 2: Case Analysis – Green Peace Green Peace is a global non-governmental organization that has its headquarters and nucleus of operations in Amsterdam, the Netherlands. It is interested in promoting human rights and limiting the rights of corporate entities. In this case analysis, the arguments and demands put forward by Green Peace concerning the European Union’s lobbying system is evaluated and analyzed critically. This culminated in a number of significant findings that are presented below. Orientation From their primary orientation, Green Peace seems to identify that most of the professional lobbyists operating in Brussels seek business interests. This implies that Green Peace identifies the lobbying system to be one that is hijacked and controlled by powerful cooperate entities. And they are concerned about the lack of transparency and the fact that these corporate entities can easily control the European Commission to the detriment of democracy and human rights. Action In order to deal with the issues relating to these business entities, Green Peace is positioned as an active member of the Alliance for Lobbying Transparency and Ethics Regulation (ALTER-EU) which includes other entities (160 of them) that come together to seek some checks and balances in the European Union to ensure that there are regulations on the way these entities override the systems and control policy with their monies. To this end, Green Peace has a three-point plan that is discussed hereafter. Quest for EU Lobbying Disclosure Laws Green Peace seeks to create a mandatory system for electronic registration and reporting in order to force lobbyists to disclose their sources of funding and annual budgets. This will include the presentation of a transparent database that anyone in society could access and raise queries and objections where necessary. This will be supported by laws and ethics for lobbyists and other whistle-blowing rules that will enable persons to raise objections about these lobbyists Improved Code of Conduct of European Commission Officials Green Peace and its allies seek to create laws that will force the European Commission officials to record formal and informal meeting minutes that they conduct with lobbying. They are required to log their interactions and place it on a transparent database. Also, they require that the European Commission should ban and exclude former officials who have worked for other lobbying entities. Also, Green Peace demands that other European Commission entities like the European parliament and European Council should set up equally tough rules against their members in relation to their members. Elimination of Privileged Access Green Peace argues that the European Commission must ban the right to privileged access. Hence, there must be task forces that will be set up to monitor the system and detect the abuse of the right to privileged access. This should be criminalized and officials must be held to a high standard and a high level of accountability so that they desist from taking part in these activities that will favor some entities, particularly powerful corporate entities. Synthesis/Recommendations From the findings, it is apparent that there must be a balance between the two different views and opinions expressed by those who support lobbying and those who are against it. To this end, there must be some kind of checks and balances placed on top level European officials in order to ensure that they do not come under the sway of powerful lobbying institutions and the inducement of powerful corporate entities. To this end, there must be regulations that will expressly be passed and integrated into European Union law. This will create some kind of obligation on these authorities and force them to be sensitive to the needs of members of the society rather than other commercial entities and organizations. The issue cannot remain silent. It ought to be controlled by the European legal system in one way or the other. Hence, there is the need for some kind of consideration by an independent entity within the EU that will draft laws and set up the blueprints by balancing the demands and expectations of different stakeholders. Conclusion The study indicates that lobbying is an important part of democratic processes whereby interest groups set up various approaches and methods to try to influence the creation of policy to their benefit. It started in the early days of the European Community integration as a form of diplomacy. However, with the rules that protected minority rights, lobbying became a common practice in the European Union. There are issues in the European Union’s lobbying system and this include the use of money inducement, provision of some kind of power to large corporate entities that could be abused, potential to misuse the privileged access process, the absence of law and possible corrupt practices among European officials. In spite of these issues, some lobbyists believe that lobbying is the only logical way of dealing with issues and creating better law-making systems. These activists indicate that lobbying is part of the European governance culture. On the other hand, activists like Green Peace argue that these are against democracy and human rights and must be banned with drastic laws and rules by the EC. The study recommends that lobbying is something that can be potentially abused in a way that will go against the very essence of the EU. Hence, the authorities must come up with some kind of rules and regulations to investigate the realities on the ground and draft appropriate laws that will balance the competing claims of pro-lobbyists and anti-lobbyists in Europe. This will create some kind of impetus for the protection of the rights of citizens of the EU and limit the rights of dominant and powerful entities in the EU. Works Cited Boomberg, Elizabeth, John Peterson and Richard Corbertt. The European Union: How it Works. Oxford: Oxford University Press, 2011. Brian, Wheeler. Dairy - My Week as an MEP. 16 January 2009. 24 June 2014 . Coen, David and Jeremy Richardson. Lobbying the European Union: Institutions, Actors and Issues. Oxford: Oxford University Press, 2009. Coen, David. EU Lobbying: Empirical and Theoretical Studies. London: Routledge, 2013. Cram, Laura. Policy-Making in the European Union: Conceptual Lenses and Integration. London: Routledge, 2012. Englebrekt, Kjell and Jan Hallenberg. European Union and Strategy: An Emerging Actor. London: Routledge, 2010. European Parliament. Lobbying the EU Institutions. Brussells, 18 06 2013. Folsom, Ralph, Ralph Lake and Ved Nanda. European Union Law After Maastricht. Amsterdam: Kluwer Law International, 1996. Gerven, Walter. The European Union: A Polity of States and Peoples. Stanford: Stanford University Press, 2012. Joos, Klemens. Lobbying in the New Europe. Hoboken, NJ: John Wiley and Sons, 2013. Karr, Karolina. Democracy and Lobbying in the European Union. Frankfurt: Campus Publishing, 2012. Kluver, Heike. Lobbying in the European Union: Interest Groups, Lobbying Coalition. Oxford : Oxford University Press, 2011. Richardson, John. European Union: Power and Policy Making. New York: Psychology Press, 2013. Transparency International. EU Lobbying. 7 February 2014. 26 June 2014 . Ward, David. The European Union and the Culture Industries: Regulation and the Public. Surrey: Ashgate Publishing, 2013. Williams, Davies and Williams Richard. European Union Spatial Policy and Planning. London: SAGE, 2013. Zetter, Lionel. Lobbying: The Art of Political Persuasion. London: Harriman House Limited, 2012. Read More