The Blog with the European perspective

So you (think you) know everything about how the EU works? Mastered the intricacies of codecision? Ah, so you already know it is not called codecision anymore, but ordinary legislative procedure. Good. So you probably already know about all the changes brought by the Lisbon Treaty. We all do. What, of course, we still don’t know are their implications for the day to day work of EU institutions. But don’t worry, few people working there have understood them.

While the interinstitutional decision-making process is making headlines (of course, depending on the topic), the internal decision-making mechanism within each EU institution is somewhat more obscure to the general public. Nevertheless, the internal workings of the institutions do influence a lot the overall EU policy making. The European Commission, with its right of initiative, is placed at the very beginning (and thus also at the core) of this process. This is where all the policy proposals originate, making it interesting to look into how they are drafted and decided upon.

First of all, we have to be clear: a policy proposal is not a mere document; it is a file that contains, beside the legislative act, a memorandum explaining the context of the decision, the results of the impact assessments and ex-ante evaluations that need to conducted, financial information, the results of the inter-service consultation, a draft press release as well as, yes, you are reading correctly, a “citizen summary” (an explanation of the decision in more accessible terms than the usual jargon). This file has to be prepared, involving formal and informal internal coordination procedures as well as the consultation of external stakeholders. All this needs to be done at this very early preparatory stage. And then there is the translation. Only after the file is complete can it go further, to the level of Heads of Cabinet. They prepare the agenda of the College meeting, by thoroughly analysing all the files at hand and trying to reach consensus in order to pave the way towards a swift adoption.

The type of procedure used for adopting a file is determined by the degree of consensus already reached at the inter-service consultation level and at the level of Heads of Cabinet.

• the oral procedure is used for the files that require a debate of the College of Commissioners; the documents concerned are usually of a more political and controversial nature and there might have been disagreements among the services concerned. The College meeting takes place every Wednesday and is prepared by the meeting of the Heads of Cabinet (the so called “Hebdo”) taking place on Mondays. The files adopted through oral procedure are the ones that stand out and attract media coverage. However, it is interesting to note, that they represent a very small percentage of the total number of Commission decisions. For example, in 2009 alone, only 215 files went through oral procedure, compared to 3129 adopted by written procedure.  Most of the oral procedure decisions are in the fields of Economic and Financial Affairs and Competition.
• the written procedure is used when all the services concerned agree and a College debate is not necessary; the file is submitted to all the Commissioners and is deemed to be adopted if none of them has any reservations before the deadline. The idea behind using this procedure is to take away some of the burden of debating files without major political interest. The number of files going through this procedure has been around 3000 each year, in the last 10 years. The written procedure is mainly used in fields like Health and Consumer Protection, Agriculture, External aid and Enterprise.
• the  empowerment procedure consists of a mandate given by the College in its meeting to one or several of its members to take measures in its name and under its responsibility, within strict limits and conditions; it is used for clearly defined management and administrative acts. After being by far the most used procedure before 2003, in the years thereafter the number of files going though this procedure ranged between 2000 and 3000 per year, with 2247 having adopted in 2009. The fields where empowerment is mostly used are Competition, Regional policy and Agriculture.
• the delegation procedure was introduced in 2003 and took away part of the file load previously decided by empowerment. The interesting thing about it is that the decisions are no longer adopted by the College as a whole or even by an empowered Commissioner; in the case of the delegation procedure, the Commission gives a mandate to a Director General or Head of Service to act in its name. This procedure is usually used for technical matters, very well regulated and where the margin of discretion is strictly limited. However, when we look at the numbers, something is quite striking: since 2003, there were on average 4000 files adopted every year through delegation (with around 4500 in 2009), making it the most used internal decision-making method of the Commission.

The policy preparation process within the Commission is a rather complex process, most of the time taking place outside the limelight. A thorough coordination amongst all services is required, which takes place both informally (e.g.meetings of thematic inter-service groups, written inter-departmental consultation, etc) and formally (the Inter-service consultation procedure, where all services must give their opinion on a certain file within a set deadline- usually 10 days and 15 days if the file has more than 20 pages). This process has an impact on the method used for adopting the decision. Something that should not be ignored is the fact that the Commission also has to consult externally, which it does through Green Papers, White Papers, expert groups meetings, etc. An impact assessment on the economic, social and environmental consequences of a proposal needs to be conducted for all major policy initiatives and legislative proposals. There is, thus, scope for the various stakeholders to interact with the Commission at this very early stage and action during the preparation stage is usually the most successful in terms of influence over policy-making.

An interesting observation can be made by looking into the various internal decision-making methods: what we usually read in the media as Commission proposals is just the tip of the iceberg- the few files that go through oral procedure every year- accounting for about 2,5% of the approximately 10000 acts adopted yearly by the Commission. The core of Commission activity rests with adopting mainly technical and administrative acts, without much political weight and thus being delegated to the bureaucratic levels of the Commission. It is a clear proof of its technocratic character that does, by no means, undermine its image as policy initiator, but puts its activity in a more balanced light.