Democratic Lawmaking in the
EU: Promises and Pitfalls of
the Ordinary Legislative
Procedure (OLP)
Christilla Roederer-Rynning
University of Southern Denmark, [email protected]
Context
A distinguishing feature of EU as political
union
At birth, EU as a messy polity -- 25 years later:
To what extent has EU become an orderly
polity? What can we learn from OLP?
Outline: 1) Making of OLP: democratic
innovation?; 2) OLP in practice: democratic
achievement?
I. Democratic innovation in Lisbon?
a) How innovative is Lisbon?
OLP as a procedure: 1) Qualified majority voting in
Council ; 2) EP as co-legislator
 Innovation: New policy areas
OLP as a rationalizing device: 1) ’Ordinary’ = as default
procedure; ’normal’; 2) ’Special’ = as exceptional;
’abnormal; ’has to be rationalized’
=> Innovation: Horizontal approach/tidying up
I. Democratic innovation in Lisbon?
b) How ’democratic’ is this innovation?
Policy-seeking perspective: Policy calculations—not
democratic ideals (utility-maximizing member-states)
Legitimacy – seeking perspective: The democratic genie
out of the bottle (member-states in community of values)
Inter-institutional bargaining perspective: Small steps’
bargaining--in name of democracy? (EP in everyday
interactions)
I. Democratic innovation in Lisbon?
c) So what is OLP a case of?
General sequence of EP empowerment:
From values to reflexes (Rittberger 2012): QMV-OLP-Consent
Socialization + EP bargaining (Héritier 2015)
Individual Lisbon areas:
Budget (Benedetto and Høyland 2007)—role of IGC 2004
Agriculture (Roederer-Rynning and Schimmelfennig 2013 and
Trade (Rosén 2016) – European Convention 2002-2003
II. Democratic achievements
post-Lisbon?
a) In practice, OLP = ’trilogues’
Trilogues as negotiation practice whereby 3 policymaking institutions reach agreement on EU law
Controversial: efficient but undemocratic?
EU lawmaking as single reading process: 87% today
Private not public: accountability?
Informal not formal: ad hoc / expediency v. Rulebased?
Alternatives for single market legislation?
II. Democratic achievements
post-Lisbon?
b) Institutionalization of trilogues (Roederer-Rynning & Greenwood
2015/6)
Through practice:
across 3 institutions: ’culture of trilogues’ (layers of negotiation—ritualized);
within EP: high-end user committees as driving-force of institutionalization
(ECON; ENVI; TRAN)
Through rules: EP Reforms of 2012 and 2016:
committee / plenary mandate;
plurilateralization of team;
Monitoring in committee
Evolutionary process: Incremental assessment within framework of
’normal’ parliament + pace of legislation
II.Democratic achievements
post-Lisbon?
In ’hard’ cases of OLP (2013 agricultural reform):
Growing politicization:
at intermediary level: growing Civil Society Organization
(CSO) mobilization (rural; non-rural)--at multiple levels; of EP
parties?
and citizen level?
Under shadow of member-states:
European Council as makeshift legislator?
Long-term budget of EU (MFF) as ’issue’ detail policy
provisions and budget ceilings…
II.Democratic achievements
post-Lisbon?
SO bottom line = Lisbon gains lost in everyday process?
GAINS
institutional sphere: trilogue rules emerge;
intermediary level: civil society engagement;
’LOSSES’
institutional sphere: selective ’exits’ from OLP
intermediary level: parties in search of purpose!
HYP
Not just agri exceptionalism but redistributive
exceptionalism? (agri; econ; libe)
Conclusion
Lisbon’s democratic aspirations are real even though
probably are unintended consequence of deepening of
integration
Post-Lisbon modus vivendi: democratization of OLP +
intergovernmental exits in redistributive issues
Not just a messy polity. Political order emerging with
democracy / democratization on agenda.
With critics from EU democrats and populists, more
OLP reform on agenda…but institutions alone cannot
bring democracy!
Issues ahead…
Redistributive policies with mixed logic of OLP
/ intergovernmentalism = How accountable?
How tidy? What role for parliaments?
Eurozone – non Eurozone differentiation =
Return of two-speed Europe? What role for the
EP? Parliaments?
Populism and OLP: OLP central in single
market areas!