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"Much Ado About Nothing?": Comitology As a Feature of EU Policy Implementation and Its Effects on the Democratic Arena

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IHS Political Science Series Working Paper 78 September 2001 "Much Ado About Nothing?": Comitology as a Feature of EU Policy Implementation and its Effects on the Democratic Arena Christine Neuhold Impressum Author(s): Christine Neuhold Title: "Much Ado About Nothing?": Comitology as a Feature of EU Policy Implementation and its Effects on the Democratic Arena ISSN: Unspecified 2001 Institut für Höhere Studien - Institute for Advanced Studies (IHS) Josefstädter Straße 39, A-1080 Wien E-Mail: offi [email protected] Web: ww w .ihs.ac. a t All IHS Working Papers are available online: http://irihs. ihs. ac.at/view/ihs_series/ This paper is available for download without charge at: https://irihs.ihs.ac.at/id/eprint/1372/ 78 Reihe Politikwissenschaft Political Science Series “Much Ado About Nothing?” Comitology as a Feature of EU Policy Implementation and its Effects on the Democratic Arena Christine Neuhold 78 Reihe Politikwissenschaft Political Science Series “Much Ado About Nothing?” Comitology as a Feature of EU Policy Implementation and its Effects on the Democratic Arena Christine Neuhold September 2001 Institut für Höhere Studien (IHS), Wien Institute for Advanced Studies, Vienna Contact: Christine Neuhold (: +43/1/599 91-168 email: [email protected] Founded in 1963 by two prominent Austrians living in exile – the sociologist Paul F. Lazarsfeld and the economist Oskar Morgenstern – with the financial support from the Ford Foundation, the Austrian Federal Ministry of Education, and the City of Vienna, the Institute for Advanced Studies (IHS) is the first institution for postgraduate education and research in economics and the social sciences in Austria. The Political Science Series presents research done at the Department of Political Science and aims to share “work in progress” before formal publication. It includes papers by the Department’s teaching and research staff, visiting professors, graduate students, visiting fellows, and invited participants in seminars, workshops, and conferences. As usual, authors bear full responsibility for the content of their contributions. Das Institut für Höhere Studien (IHS) wurde im Jahr 1963 von zwei prominenten Exilösterreichern – dem Soziologen Paul F. Lazarsfeld und dem Ökonomen Oskar Morgenstern – mit Hilfe der Ford- Stiftung, des Österreichischen Bundesministeriums für Unterricht und der Stadt Wien gegründet und ist somit die erste nachuniversitäre Lehr- und Forschungsstätte für die Sozial- und Wirtschafts- wissenschaften in Österreich. Die Reihe Politikwissenschaft bietet Einblick in die Forschungsarbeit der Abteilung für Politikwissenschaft und verfolgt das Ziel, abteilungsinterne Diskussionsbeiträge einer breiteren fachinternen Öffentlichkeit zugänglich zu machen. Die inhaltliche Verantwortung für die veröffentlichten Beiträge liegt bei den Autoren und Autorinnen. Gastbeiträge werden als solche gekennzeichnet. Abstract The previously neglected phenomenon of governance by committees has recently received increasing attention in the academic literature. This paper focuses on the consequences of the arrangements prevailing in the committees active in the implementing phase of EU-legislation on the practice of democracy and legitimacy. The so-called “comitology committees” can be seen as a good example of the tension between input- and output-based sources of legitimacy. On the one hand the EP has demanded its increased involvement in this system ever since these committees were established. On the other hand (preliminary) studies have shown that Members of the European Parliament seem to be overwhelmed with the scrutiny or even the filing of draft implementing measures. This gives rise to the question of increasing the legitimacy of committee work and at the same time preserving the “efficiency” of this (presumably) co- operative form of decision making. This phenomenon is illustrated by means of a case study of committees active in the field of health and consumer protection. Zusammenfassung In den letzten Jahren wurde dem Thema des Ausschusswesens in der Europäischen Union (EU) immer stärkere Aufmerksamkeit in der wissenschaftlichen Literatur gewidmet. Dieses Working Paper nimmt jene Ausschüsse, die in der Durchführungsphase von EU-Recht aktiv sind, unter die Lupe. Diese sogenannten “Komitologie-Ausschüsse” können als gutes Beispiel für das Spannungsverhältnis zwischen verschiedenen Formen der “input”- und “output” Demokratie betrachtet werden. Einerseits hat das Europäische Parlament seine verstärkte Einbindung in dieses System moniert, andererseits haben Studien ergeben, dass Mitglieder des Europäischen Parlaments (MdEPs) mit der Prüfung der Entwürfe für Durchführungsrechtsakte überfordert sind. In diesem Zusammenhang stellt sich die Frage, inwiefern die Ausschussarbeit “legitimer” gestaltet und gleichzeitig die Effizienz dieser (kooperativen) Form der Entscheidungsfindung beibehalten werden könnte. Dieses Phänomen wird durch eine Fallstudie über Ausschüsse im Politikfeld des Gesundheits- und Konsumentenschutzes illustriert. Notes I would like to thank Peter Biegelbauer and San Bilal for their very helpful comments on a previous version of this paper. Contents 1. Introduction and scope of the analysis 1 2. Development of committees 3 3. Committees as a problem-solving arena 5 4. Comitology as a black box 8 5. Comitology as a source for (volatile) conflict between the Institutions 10 6. The implications of the involvement of the EP in the comitology system for the practical political process 16 7. (Concluding) observations 21 8. Suggestions and... 23 …Outlook 24 Bibliography 26 List of Abbreviations 31 I H S — Christine Neuhold / “Much Ado About Nothing?” — 1 1. Introduction and scope of the analysis The previously neglected phenomenon of governance by committees has recently received increasing attention in the academic literature (c.f. Pedler; Schaefer 1996, Van Schendelen 1998; Christiansen; Kirchner 2000, Rhinhard 2000). In various guises committees are active at every stage of the EU-decision making process, reaching from the expert groups of the Commission, the working groups of the Council to comitology committees.1 The increasing role committees play within the European arena can be seen as a response to “the need for an even higher level of technical expertise, which stems from the growing complexity of regulating contemporary western societies.”2 This paper will focus on the consequences of the arrangements prevailing in the committees active in the implementing phase of EU-legislation on the practice of democracy and legitimacy. It will not dwell on the very complex decision making rules within these so called “comitology committees” which, although they have just recently have undergone extensive reform, are still a phenomenon that requires its very own science (Weiler et al. 1995, p. 9). The tension between ‘input-’ versus ‘output-based’ sources of legitimacy seems, at least at first glance, to be manifest in the system of comitology committees: on the one hand one could argue that the support of citizens could be secured by consensual, efficient outputs of these fora. Institutions and procedures have to bring about effective solutions of problems (“output-legitimacy”). With regard to the input-side, the political system has to be open to citizen participation and must enable effective transmission of relevant citizen interests into the process of governance. On top of that comes the democratic participation in- and competition over inputs; the ability of citizens to chose between rival elites or political agendas (“input- legitimacy”) (Hix 1998, Scharpf 1999, Benz 2001). For the EU system this would imply that regulators sitting in these committees have to be connected to majoritarian institutions. A recent study has shown that the Members of the European Parliament (MEPs), although they have pressed for a greater involvement of the EP into the comitology system, for the most part do neither scrutinise nor ‘follow up’ the implementing acts transferred to them by the Commission under the various inter-institutional agreements (EIPA 1998). This gives rise 1 A comprehensive study on the role of committees within the European system of governance is currently being conducted under the Fifth Framework Programme of the European Commission. Research Project “Governance by Committee, the role of committees in European policy-making and policy implementation” (Programme: Improving Human Potential and Socio-Economic Knowledge Base), Project No. SERD-1999–00128. 2 See Technical Annex to the research proposal (submitted under the Fifth Framework Programme of the European Commission) “Governance by Committee, the role of committees in European policy-making and policy implementation” (Programme: Improving Human Potential and Socio-Economic Knowledge Base, Proposal No. SERD-1999–00128). 2 — Christine Neuhold / “Much Ado About Nothing?” — I H S to the assumption that parliamentary oversight of executive power (at least in the unique set- up of the EU) meets certain limits in the practical political process. The main controversy in what could be described as the “comitology-debate” is the question of the extent to which these committees affect the EC-implementing process and of how and by whom they should be supervised and controlled. The perception of the role of these committees range from “one of the most serious democratic defects of this system” (Pedler; Schaefer 1996 p. 23) to the impression that these fora deal for the most part with technical issues and retain their legitimacy
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