Multi-level governance in European Union

 The power of state is eroded into 3 levels:

There are two models discussing the role of nation states within supranational institutions.

Decision-making within state-centric model is suitable for international institutions as UN, WTO where the majoritarian principles support the national interests. European Union follows different system according to the field of change. The Council of Ministers follows the rule of qualified majority when deciding about internal market issues, research policy or environment. Nonetheless, Council of Ministers doesn’t hold the majority power within EU.

After the Maastricht treaty co-decision and cooperation play key role in European policy making. Member states within institutions collectively participate on the treaty processes, which make national government constraint during the negotiations to control supranational agents. Agent theory describes the principle of nation states unable to solve some ambiguities. Therefore, they create agents, who are trying to solve the issue (in European Commission/ ECJ) based on interstate agreements. Unfortunately, EU contains many members with different principles and even the actions of Commission and ECJ are merely as agents because Commission legitimates preferences according to the treaty not nation state and it is the role of ECJ’s to activate constitutionalization of the treaties, not of nation state. Even the act of change is impossible because the member states can just collectively block the decision. Another reason of ineffective collective control is information symmetries, which are weakened by the small fraction of informed staff within the institution. The last defective outcome is the regulations based on mutual mistrust lead to unintended consequences, which EU is trying to avoid.

The scheme describes the policy- making in European Union based on multi-level governance. The main policy initiation belongs to the Commission because its role is to investigate feasibility of EU policies based on common opinions, agreements, resolutions or recommendations. The European Council and European Parliament (EP) hold the power to propose not draft their own agenda. There are other interested groups, lobbies or regional offices participating in the initiation process. Therefore the whole system does not distinguish between strata but works as network of different levels of representatives.

The actual decision making process is based on co-operation between EP, Council and Commission. Council possesses the legislative decision only with support of two institutions or other. The European parliament is broker between Council and Commission, because as legislative branch cooperates with Council and even has possibility of absolute veto. Council is locked in with contestation and cooperation within the system.

The implementation process works within Commission and from there to the ground-level of policy structure. With the Commission participates in the process comitology, which represents experts outside from central executive, mostly subnational officials or interested groups.

European Court of Justice preforms adjudication through balancing power between national courts and national political authorities. ECJ holds legal foundation for integration of European polity and possesses functional goals- the treaties to adhere. National courts may apply doctrine of direct effect and receive authoritative guidance by ECJ.

The aim of the article was to diminish the hierarchical idea of nation state ruling over supranational and subnational level. European Union works based on the structural institutions which cooperate with different NGOs, interests groups, lobbyist, private businesses. This creates flexible network where wider consensus could be met. Model of multi-level governance offers it not only to supranational level but also to national.

Sources:

Börzel T, Heard-Lauréote K. 2009. Networks in EU Multi-Level Governance: Concepts and Contributions. Journal of Public Policy 29(2): 135-151.

HOOGHE, Liesbet a Gary MARKS. Multi-level governance and european integration. Lanham: Rowman & Littlefield Publishers, c2001, xvi, 251 s. Governance in Europe. ISBN 0742510204.