[Discussion] White Paper on European Governance

[Paksoy, Hb]

White Paper on European Governance
http://www.euractiv.com/cgi-bin/cgint.exe/?targ=3D1&204&OIDN=3D2000454#l=
inks
Date: 15/12/2002 =20

LinksDossier on the EU institutions' efforts to enhance democracy by
reforming and promoting new forms of governance. =20
  =20
 In short=20
The Commission adopted its White Paper on European Governance in July =
2001
with the aim of establishing more democratic forms of governance at all
levels - global, European, national, regional and local. The White =
Paper
forwards a set of proposals focussing on the role of the EU =
institutions,
better involvement, better regulation, and the contribution the =
European
Union can make to world governance.=20

Most of the Commission's governance reforms are to be implemented
immediately under the exiting treaties. These efforts are to complement =
the
phase of institutional reform launched by the Laeken Declaration of
December, 2001, continuing with the Convention on the Future of the =
European
Union, and culminating in the Intergovernmental Conference of 2004. =
Some of
the initiatives proposed in the Commission's White Paper may be taken
forward in the preparation of treaty amendments.=20

 Links: EU - International Organisations - Industry - NGOs & Think =
Tanks=20


European Union  =20



Commission: Report from the Commission on European Governance, =
COM(2002)705
[FR] [DE](11 December 2002)=20
Commission: Public contributions on European governance (from =
25/07/2001 to
31/03/2002)=20

Commission: Communication of the Commission on the Institutional
Architecture, COM(2002)728 (5 December 2002)=20
Commission: European Governance: Better Lawmaking, COM(2002)275 (5 June
2002)=20
Commission: Action plan "Simplifying and improving the regulatory
environment", COM(2002)278 (5 June 2002)=20
Eur-Lex: European Governance: A White Paper, COM(2001)428 (25 July =
2001)
[FR] [DE]=20
Commission: Perceptions of the European Union - qualitative study of =
the
public's attitude to and expectations of the EU in the 15 member states =
and
the 9 candidate countries (OPTEM Report) [FR summary] [DE summary] =
(June
2001)=20
Commission: Study on Is European legislation properly implemented? =
[French
only] (July 2001)=20

Commission: Governance in the EU=20
Commission: Futurum: The Future of Europe Debate - Governance White =
Paper=20
Committee of the Regions: Role=20
Council of European Municipalities and Regions: Governance=20
Economic and Social Committee (ECOSOC): Opinion on European Governance =
- a
White Paper (20 March 2002)=20
Commission Forward Studies Unit: Governance in the European Union =
(Edited by
Olivier De Schutter, Notis Lebessis and John Paterson - 2001)=20

European Council: Laeken Summit Presidency Conclusions [=A7 I.4] (14-15
December 2001 )=20
Mandelkern Group on Better Regulation: Final Report and Action Plan (13
November 2001)=20
Mandelkern Group on Better Regulation: Initial Report (February 2001)=20

European Parliament OEIL: European governance: greater openness and
participation. White Paper [FR]=20
European Parliament Committee on Constitional Affairs: Draft Report on =
the
Commission White Paper on European governance (3 Oct. 2001)=20
International Organisations/Governments  =20


UNESCO: MOST: Globalisation and Governance=20
US Government: Comments on European Commission's White Paper on =
Governance
(5 April 2002)=20
US Government: U.S. Comments on Commission's Better Regulations Package =
(31
July 2002)=20
Industry  =20



European Round Table (ERT): EU Governance (ERT Discussion Paper, 30 May
2002)=20
AmCham: Contributing to Global Governance: The EU Committee position =
paper
on the Commission's White Paper on European Governance=20
ISUPE: European governance: a major role for the services of general
economic interest (15 November 2001)=20
SEAP: European Governance White Paper breakthrough for organised =
lobbying
(27 July 2001)=20
UNICE: European Governance: Business says different models can co-exist =
(25
July 2001)=20
NGOs & Think Tanks  =20



Statewatch: The war on freedom and democracy - an analysis of the =
effects on
civil liberties and democratic culture in the EU (6 September 2002)=20
UK National Consumer Council: "The EU White Paper on governance" (May =
2001)=20
European Public Health Alliance (EPHA): Response to White Paper on =
European
Governance - A health perspective (3 April 2002)=20
Jean Monnet Centre/Robert Schuman Centre for Advanced Studies: =
Symposium
Mountain or Molehill? A Critical Appraisal of the Commission White =
Paper on
Governance (several interesting articles), 2001=20
EPC: Dialogue: European Governance - The Commission Governance White =
Paper:
Where to go from here? (22 September 2001)=20
ETUC: White Paper on Governance: Declaration by Emilio Gabaglio (26 =
July
2001)=20
Social Platform: Response to the European Commission Communication =
"Towards
a reinforced culture of consultation and dialogue" (30 July 2002)=20
Social Platform: Social Platform welcomes EU Governance White Paper (25 =
July
2001)=20
EPC: Dialogue: European Governance - Participation, Democracy and =
Efficiency
(17 May 2001)=20
ATTAC: John Brown: "De la gouvernance ou la constitution politique du
n=E9o-lib=E9ralisme" (May 2001)=20
EPC: Challenge Europe: James Wilson: Governance and Communication (23 =
April
2001)=20
EPC: Challenge Europe: Jerome Vignon: European governance - why does =
reform
matter? (29 March 2001)=20
Social Platform: Democracy, Governance and European NGOs (March 2001)=20
Uppsala University: Tom Burns: "The evolution of parliaments and =
societies
in Europe: challenges and prospects" (Aug. 1998)=20
British Council: Governance and society=20
EUSA Review Forum: The Commission White Paper and European Governance =
(Fall
2001)=20
Justin Greenwood: "The White Paper on Governance & EU Public Affairs -
Democratic Deficit or Democratic Overload?" (April 2002)=20


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Background =20


When taking office in 1999, Commission President Romano Prodi drew =
attention
to the need for fundamental reform of the EU decision-making process =
and the
way that the EU institutions function. Promoting new forms of European
governance then was made one of the four strategic priorities of the =
Prodi
Commission at the beginning of 2000. This current Commission initiative =
is
the renewal of long-standing efforts for institutional and =
policy-making
reform. The need to improve the quality of and to simplify regulation =
has
been recognized at both at EU level and within individual Member States
since the mid-1980s.=20

The White Paper on European Governance and its ensuing action plans are
intended to involve the Parliament, Council and Commission and Member =
State
governments in improving the way in which legislation and policies are
prepared and implemented under the existing EU treaties. The Commission =
has
defined governance as "the rules, processes and practices that affect =
how
powers are exercised at the European level" as defined by the treaties =
as
they stand.=20

The choice of promoting new forms of governance under the existing
institutional framework became the only options available following the
decision of the Nice European Council in December 2000 to call for an
Intergovernmental Conference (IGC) on institutional reform in 2004. =
Some of
the initiatives proposed in the Commission's White Paper on European
Governance may be taken forward in the preparation of treaty =
amendments.=20

The Commission is also presenting separate contributions on the reform =
of
the treaties to the Convention on the Future EU, drawing upon the =
contents
and processes launched by the White Paper. A link is thus established =
to the
work of the Convention and the IGC.=20

Key Issues =20



In the White Paper, the Commission argues that good governance must =
build on
the core principles of openness, participation, accountability,
effectiveness and coherence. Its White Paper focuses on four main =
action
themes:=20

Better involvement and more openness: instituting openness through all
stages of decision-making; ensuring consultation with regional and =
local
governments and with civil society networks;=20
Better policies, regulation and delivery: simplifying EU law and =
related
national rules; promoting a use of different policy tools; establishing
guidelines on the use of expert advice; defining criteria for the =
creation
of new regulatory agencies=20
Contributing to global governance: reviewing how the EU can speak more =
often
with a single voice in the international real; improving dialogue with
actors in third countries=20
Refocusing policies and institutions (Commission, Council of Ministers =
and
Parliament): ensuring policy coherence and long-term objectives; =
clarifying
and reinforcing the powers of the institutions; formulating proposals =
for
the Intergovernmental Conference (IGC) based on the governance policy
consultation .=20
The Report on European Governance issued on 11 December 2002 reviews =
the
progress achieved over the past 16 months with regard to governance =
issues.
It shows that the Commission has already developed and launched the =
majority
of the actions proposed in the White Paper. A public consultation had =
been
launched following the publication of the White Paper and ran through =
31
March 2002. The Commission reports that the response to its public
consultation "was modest in numbers (260 contributions) but rich in
content." It is worth noting that some EU institutions and Member =
States did
not contribute to the consultation. Similarly, a geographical imbalance
across the EU was in evidence as regards contributions, perhaps =
reflecting
differences in public consultation culture and tradition.=20

The Commission reports that the public response largely supports the =
White
Paper's definition of the principles underlying European governance of
openness, participation, accountability, effectiveness and coherence. =
Part
of the public response regrets the apparent limits of the White Papers
understanding of "governance" which focuses predominantly on the
effectiveness and efficiency of the EU decision-making system. The
Commission was seen to disregard issues of democratic legitimacy and
democratic deficit in European integration. The principles of =
democratic
legitimacy and subsidiarity thus have been proposed as additions to the
underlying principles.=20

The public consultation supported the following key governance =
approaches of
the Commission:=20

improving bottom-up involvement in EU policy shaping and =
implementation;=20
widening the choice of instruments to respond to new governance =
challenges;=20
more focused European institutions with clearer responsibilities.=20

Main positions =20



Reactions from EU actors to the publication of the White Paper have
generally been positive. Certain sections of the press, however, have
questioned whether its recommendations will actually meet its key =
objective:
restoring the EU's credibility with its citizens.=20

The Commission appears to seek to widen its decision-making role. The =
White
Paper calls for enhancement the Commission's role in the application of =
new
policy tools and advocates that legislation by the Council and the
Parliament should be restricted to essential features, while the =
particulars
should be directed to the Commission. At the same time, it aims to =
limit the
role of comitology, the Council's current instrument of control over
Commission implementation.=20

In reaction, the European Parliament has issued statements reaffirming =
its
democratic role in the institutional architecture of the EU. MEPs have =
also
expressed concerns that some of the new forms of regulation proposed in =
the
White Paper, such as self-regulation and the creation of regulatory
agencies, might weaken the role of Parliament. Although agreeing that
'organised civil society' should be consulted, the Parliament argued =
that
the same civil society "cannot be regarded as having its own democratic
legitimacy given that its representatives are not elected by the =
people"
Commission President Prodi and others have tried to reassure MEPs by
introducing principles and practices to ensure democratic control. For =
the
first time, for example, proposals have been made for involving =
Parliament
in the complex process of introducing the Open Method of Co-ordination. =


The Union of Industrial and Employers' Confederations of Europe (UNICE)
reacted positively to the White Paper's emphasis on alternatives to
legislation. They indicated that they see effective governance as =
favouring
voluntary or negotiated agreements, cooperation and co-regulation as =
opposed
to more legislation. They also welcomed the recognition of the =
importance of
the principle of subsidiarity.=20

The European Trade Union Confederation (ETUC) was very enthusiastic =
about
its support for the contents of the White Paper. Interestingly, they =
voiced
their agreement with its emphasis on the Community method as opposed to
intergovernmentalism. They also welcomed the call for greater civil =
society
involvement in the decision making process.=20

The Platform for European Social NGOs welcomed the White Paper's
identification of the central role of civil society in shaping and
implementing EU policy. They were particularly positive about the =
suggestion
that a structured dialogue with NGOs should be set up.=20

The Society of European Affairs Professionals (SEAP) recognised that
Commission's proposals are positive for lobbyists. They identified the =
need
for greater accountability and responsibility on the part of civil =
society
organisations as one of the more important points in the White Paper.
However, they were critical of its suggestion that ECOSOC should be the
focal point for civil society as they consider its composition =
arbitrary.=20

Next Steps =20



In 2003, the Commission intends to pursue the agenda defined in the =
White
Paper in light of the results of the public consultation=20
The Commission also intends to reach agreement on the initiatives =
already
launched and to provide further governance inputs as part of the reform =
of
the treaties under the Convention and the IGC.=20
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=A9 EurActiv 2000 React to Section Coordinator =20
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