By vpatelou [at] hkstrategies [dot] com (Vinciane Patelou), Account Manager at Hill+Knowlton Strategies
It was with great interest and some surprise that I read your special issue on comitology dated 9 February 2012, in particular the interview with Daniel Guéguen. As another 'rare consultant in EU affairs specialised in comitology procedures', recent experiences have prompted me to take a slightly different reading of the comitology reform and its impact of the work of lobbyists.
I do not share Mr Guéguen's view that the new comitology procedures represent a "hijacking of power" by the European Commission. A 'hijacking' would imply that the power would have been with the European Parliament in the first place – which it never was. Quite the contrary, the role of the Parliament has evolved slowly but continuously throughout the successive comitology reforms, reflecting the increase of power of the Parliament in the EU decision-making. This was already the case with the regulatory procedure with scrutiny, and goes even further with the new procedure for delegated acts.
The fact that, as Mr Guéguen stresses, the Parliament is fighting to have as many provisions under delegated acts as possible is proof that the Parliament is keen on safeguarding its scrutiny rights whenever there is a possibility to do so, even if MEPs are well aware that, in reality, this right will be used very selectively only. It is neither desirable nor feasible that the Parliament examines every delegated act in detail but the fact that the scrutiny exists ensures that there is more than just a theoretical space for public debate. This was not the case under the old comitology procedure, where, if you did not agree with the Commission and did not have access to the national experts, your campaign was far more likely to fail.
When there is space for a public debate, this is where lobbyists come into the game. Delegated acts, even more so than the regulatory procedure with scrutiny, do provide more than just theoretical opportunities for lobbyists to move the debate from the level of technical obscurity to the floor of broader political and public attention. To activate this leverage mechanism successfully and trigger a veto from the Parliament is difficult. But, as recent examples under the regulatory procedure with scrutiny have shown, it can be done.
In short, the procedure for delegated acts, like the regulatory procedure with scrutiny, democratises comitology and provides stakeholders and lobbyists with new opportunities to bring their issues into the public space. As a result, there are now a number of professional lobbyists who have developed strong expertise in comitology lobbying campaigns. For such a campaign to succeed, early planning, strong messaging with a political dimension and quick MEP activation are key. The rules of the game have changed. But professional lobbyists have well understood the challenges and opportunities of today's comitology lobbying campaigns, which are already taking place in the Parliament.
Vinciane Patelou
Account Manager at Hill+Knowlton Strategies