INTEREST GROUPS AND LOBBYING IN EUROPE Essays on Trade, Environment, Legislation, and Economic Development

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1 SUB Hamburg A/ INTEREST GROUPS AND LOBBYING IN EUROPE Essays on Trade, Environment, Legislation, and Economic Development Edited by Conor McGrath With a Foreword by Kevin Moloney The Edwin Mellen Press Lewiston»Queenston*Lampeter

2 CONTENTS Acknowledgements i Abbreviations v Foreword Dr Kevin Moloney ix Introduction Conor McGrath INTEREST GROUPS AND LOBBYING AROUND THE WORLD INTEREST GROUPS AND LOBBYING IN THE UNITED STATES AND COMPARATIVE PERSPECTIVES INTEREST GROUPS AND LOBBYING IN EUROPE INTEREST GROUPS AND LOBBYING IN LATIN AMERICA, AFRICA, THE MIDDLE EAST, AND ASIA xiii xiii xvi xix xxiii PART ONE: WESTERN EUROPE 1 Lobbying the EU: Between Strengthening Legitimacy and Increasing Transparency 3 Valeria Marziali THE PLAYERS 5

3 The Maastricht Treaty as a Turning Point: The Regions Move to Brussels 7 The Galaxy of Public Affairs Consultancies 8 Washington vs. Brussels 9 THE TARGETS 11 The Council of Ministers 11 The European Commission 13 The European Parliament 15 THE REASONS FOR LOBBYING 16 The Institutional Structure of the EU 16 The "Information Deficit" of the EU Institutions 17 The Increase in the EU Competences 18 SOME TACTICS OF SUCCESSFUL LOBBYING 18 THE EUROPEAN COMMISSION AND INTEREST GROUPS The "European Transparency Initiative" 21 LOBBYING AND THE EU'S LEGITIMACY 25 The "Democratic Deficit" 25 The Impact of Lobbying on Legitimacy 26 CONCLUSION 27 From Opacity to Transparency?: The Place of Organized Interests within the European Institutions 31 Didier Chabanet ATTEMPTS AT REGULATION: A PATH FULL OF PITFALLS INTERGROUPS: A BLIND SPOT IN PARLIAMENTARY LIFE THE "ORGANIZED EUROPEAN CIVIL SOCIETY" 39

4 TRANSPARENCY AS A KEY ISSUE: WHEN THE COMMISSION MEETS ALTER-EU CLAIMS 41 CONCLUSION 47 3 Access, Influence and Accountability: Regulating Lobbying in the UK 53 Conor McGrath DEVELOPMENT OF SELF-REGULATION BY THE LOBBYING INDUSTRY 55 LOBBYING REGULATION IN COMPARATIVE PERSPECTIVE 59 European Commission 60 United States 61 Canada 63 Recent Lobbying Regulation 64 THE PUBLIC ADMINISTRATION SELECT COMMITTEE INQUIRY 65 The Status Quo Defended 66 Inclusiveness and Equity 68 The Revolving Door 70 Regulation of the Lobbied 71 Red Herrings Presented to the Committee 73 THE PASC REPORT AND RECOMMENDATIONS 83 The Report's Underpinnings 83 The Key Recommendations - and Unanswered Questions 88 A New Umbrella Organization 91 A Mandatory Register 94 Disclosure 97

5 Enforcement 100 Responses to the Report 102 DEFINING "LOBBYING" AND "LOBBYIST" 104 Defining "Lobbyist" 106 Defining "Lobbying" by Activity 107 Defining "Lobbying" by Expenditure 109 CONCLUSION: TOWARDS PUBLIC TRUST 112 A Regulatory Framework for the UK The Europeanization of Professional Interest Intermediation: National Trade Associations in a French-German Comparison Christine Quittkat ORGANIZATIONAL ADAPTATION OF FRENCH AND GERMAN TRADE ASSOCIATIONS TO THE EU 129 INSTRUMENTS OF EUROPEAN INTEREST INTERMEDIATION 134 EUROPEAN STRATEGIES OF NATIONAL BUSINESS ASSOCIATIONS 142 National Patterns of European Interest Representation 142 The Importance of Organizational and Material Conditions for European Interest Representation 150 CONCLUSION Welfare Lobbyism in Europe: The German Case 161 Katrin Toens THE TASKS AND FUNCTIONS OF WELFARE ASSOCIATIONS IN THE GERMAN WELFARE STATE 163

6 WELFARE CORPORATISM IN THE CONTEXT OF STATE TRANSFORMATION 166 WELFARE LOBBYISM IN THE CONTEXT OF EUROPEANIZATION 171 CONCLUSION We All Need Friends: Elite Alliances and the Activity Choices of Environmental Groups in the United Kingdom, France and Germany Lori Poloni-Staudinger CLARIFYING ELITE OPPORTUNITY STRUCTURES 184 DATA AND METHODS 187 RESULTS 191 CONCLUSION Corporatism or Lobbyism Behind Dutch Dikes?: Interest Representation in the Netherlands 207 Caelesta Poppelaars THE CHALLENGES OF STUDYING INTEREST REPRESENTATION IN A CORPORATIST SYSTEM 209 Interest Representation in the Netherlands: A Bird's Eye View 211 MOVING BEYOND THE CORPORATIST BIAS: HOW TO COMPARE INTEREST REPRESENTATION? 214 What Are Interest Organizations: Defining the Indefinable? 215 How to Sample from an Unknown Population? 217 THE DUTCH INTEREST POPULATION UNRAVELED 219

7 PIECING TOGETHER THE DUTCH PUZZLE OF INTEREST REPRESENTATION: A CONCLUSION 225 PART TWO: EASTERN EUROPE 8 The Problems of Developing Interest Group Politics in Post-Communist Eastern Europe: Learning from Lithuania 235 Ronald J. Hrebenar, Clive S. Thomas, Courtney H. McBethand Bryson B. Morgan INTEREST GROUPS AND LOBBYING IN LITHUANIA 239 Under-Developed Interest Group System 240 Low Perceptions of Political Efficacy 240 Limited Interest Group Activity and Domination by Business Interests 242 Unsophisticated Lobbying Strategies and Tactics 244 Negative Perceptions of Lobbyists and Lobbying 247 A Restrictive and Ineffective Lobbying Law 249 Endemic Corruption 250 CONCLUSION 252 Placing Lithuanian Interest Groups and Lobbying within Political Science Theory Interest Groups in Russia's Economic Transformation 261 Lynn D. Nelson and Irina Y. Kuzes ' PERESTROIKA " AND INTERESTS 262 THREE TRANSITION PHASES UNDER GORBACHEV 264 YELTSIN'S APPROACH 266

8 CHANGING INTEREST GROUP RELATIONS UNDER PUTIN Business Representation in Eastern Europe: The Failure of Corporatism? 279 Dinissa S. Duvanova BUSINESS REPRESENTATION IN POST-COMMUNIST COUNTRIES 281 COMPULSORY VS VOLUNTARY MODES OF ORGANIZATION 284 MODELING BUSINESS PARTICIPATION 287 Voluntary Business Organization 288 Compulsory Business Organization 290 FROM CORPORATISM TOWARDS PLURALISM: THE CASE OF CROATIA 293 CONCLUSION The Changing Environment for Interest Representation and Lobbying in Croatia 305 Igor Vidacak EMERGENCE OF THE ORGANIZED INTEREST SCENE IN CROATIA - POLITICAL AND SOCIAL CIRCUMSTANCES 306 CHALLENGES OF THE EU ACCESSION PROCESS 311 IMPACT OF EUROPEANIZATION 316 TOWARDS REGULATING LOBBYING IN CROATIA 318

9 12 Interests and Patterns of Participation: Secondary Legislation Drafting in Estonia 323 Annika Uudelepp CONCEPTUAL FRAMEWORK 325 SELECTION OF CASES 329 COMPARING AND CONTRASTING THE PATTERN OF PARTICIPATION 329 Drafting Process 329 Participation 332 Interaction 334 DISCUSSION OF INTERESTS IN THE DRAFTING PROCESS Case 1: Requirements for Landfills 336 Case 2: Work Safety at Construction Sites 338 Case 3: Technical Inspection of Electrical Installations 340 Case 4: Handling Permits of Food for Particular Nutritional Uses Conclusions 343 EMPIRICAL FINDINGS AND WILSON'S TYPOLOGY 344 Client Politics - The Case of Technical Inspection of Electrical Installations 344 Interest Politics-The Case of Work Safety at Construction Sites Entrepreneurial Politics - The Case of Food-Handling Permits 346 Majoritarian Politics -The Case of Requirements for Landfills 347 CONCLUSION 347 Empirical Conclusions 348 Theoretical Conclusions 352 Index 361 Series Contents 383