re:publica 2016 #rpTEN: How the EU works

KirstenFiedler&fukami//HOWTHEEUWORKS//#rpTEN//BERLIN

KirstenFiedler&fukami//HOWTHEEUWORKS//#rpTEN//BERLINKirstenFiedler&fukami//HOWTHEEUWORKS//#rpTEN//BERLIN
What we will be talking about
EU geekery:
Who does what in Brussels?
How and on what basis?
What are the policy topics in the digital sector?
How can policy-making be influenced?
Main question: How do I talk to the right people at the right time
about the right topic?
Large parts of this presentation is taken from the EDRi paper “Activist guide to the Brussels maze”,
see http://edri.org/papers

The European Union

European Union (EU):
Member States and candidates
Source: Wikipedia:

Ratified treaties
Source: Wikipedia:

Related treaties
Source: Wikipedia:

Related treaties: Eurozone

Related treaties: Internal cooperations

Related treaties: European Economic Area (EEA),
Nordic Council

Related treaties: European Free Trade Association (EFTA) and
EU Customs Union

Related treaties: Schengen Area

Related treaties: Council of Europe (CoE)

Related treaties: BSEC, GUAM, CEFTA, Monetary agreement with
the EU, Union State

We are focusing only on the EU

Treaty of Lisbon signed on 13 December 2007
(in effect since 1.12.2009)
Accession to the European Convention on Human
Rights (ECHR)
Defines the responsibilities of the EU
Introduction of the European Citizens Initiative (ECI)
Parliament given more power
Loss of veto rights for individual Member States
Creation of a single “Foreign Affairs Ministry”
Structured cooperation in defence matters

Article 11 of the Treaty on the Functioning of the
European Union (TFEU)
1. The institutions shall, by appropriate means,
give citizens and representative associations the
opportunity to make known and publicly
exchange their views in all areas of Union action.
2. The institutions shall maintain an open,
transparent and regular dialogue with
representative associations and civil society.

The EU Institutions

Correlation between Parliament, Commission and Council
Citizens

European
elections
Citizens
European Parliament

European
elections
Citizens
European Parliament
elects
National Parliament

European
elections
Citizens
European Parliament
elects
National Parliament
elects
National Government
Becomes
a part of
Council of the
European Union

European
elections
Citizens
European Parliament
elects
National Parliament
elects
National Government
Becomes
a part of
Council of the
European Union
recommends

European
elections
Citizens
European Parliament
elects
National Parliament
elects
National Government
Becomes
a part of
Council of the
European Union
recommendsagrees

The European Parliament

European Parliament
751 Parliamentarians (MEPs)
Parliamentary work is split in
20 main committees (+ 2 sub-committees)
Each political group has a coordinator
Secretariat for each committee (organisational)
and each group (political)
Parliamentarians can have between 0-numerous
assistants (plus interns), most have two to three

Political groups in the European Parliament
751
Commission Majority (475) Opposition and Non-Aligned (276)
ECR: European Conservatives
and Reformists (74)
GUE/NGL: European United
Left–Nordic Green Left (52)
Greens/EFA: The Greens –
European Free Alliance (50)
EFDD: Europe of Freedom and
Direct Democracy (46)
ENF: Europe of Nations and
Freedom (38)
Non-Attached Members (16)
EPP: European People's Party (215)
S&D: Progressive Alliance of
Socialists and Democrats (190)
ALDE: Alliance of Liberals and
Democrats for Europe (70)

Germany 96
France 74
UK 73
Italy 73
Spain 54
Poland 51
Romania 32
Seats in the European Parliament by country
Netherlands 26
Belgium 21
Greece 21
Portugal 21
Czech Rep. 21
Hungary 21
Sweden 20
Austria 18
Bulgaria 17
Danmark 13
Finland 13
Slovakia 13
Ireland 11
Croatia 11
Lithuania 11
Slovenia 8
Latvia 8
Estonia 6
Cyprus 6
Luxembourg 6
Malta 6
751
Countries sorted by size

Committees of the European Parliament
DEVE
Development
28
AFET
Foreign Affairs
71
INTA
International Trade
41
BUDG
Budget
41
CONT
Budgetary Control
30
ECON
Economic & Monetary
Affairs 61
EMPL
Employment & Social
Affairs 55
ENVI
Environment, Public
Health, Food Safety 69
ITRE
Industry, Research &
Energy 67
IMCO
Internal Market &
Consumer Protection 40
TRAN
Transport & Tourism
49
REGI
Regional Development
43
AGRI
Agriculture & Rural
Development 45
PECH
Fisheries
25
CULT
Culture & Education
31
JURI
Legal Affairs
25
LIBE
Civil Liberties, Justice,
Home Affairs 60
AFCO
Constitutional Affairs
25
FEMM
Women's Rights &
Gender Equality 35
PETI
Petitions
34
SEDE
Security & Defence
30
DROI
Human Rights
30
Subcommittees

Work on legislative documents and dossiers
Contrary to national parliaments, normal
Parliamentarians are responsible
The MEP in charge of a dossier is called
Rapporteur; reports in plenary
Political groups send each their MEP who will be
the Shadow Rapporteur
Non-legislative dossiers
--> Parliament gives input to the EU Commission (e.g. on
international agreements, like Passenger Name Records / PNR
or Anti-Counterfeiting Trade Agreement / ACTA)

The Council of the
European Union

Council of the European Union
The Council is composed by the heads of
governments of the Member States; formulates
general political goals and priorities
President of the Council is elected for 2.5 years;
is chairing the meetings; no voting rights
Permanent Representations (Perm Reps) are the
“embassies” of the Member States

Council of the European Union
The Council is also called Council of Ministers (or
simply Council); organised in 150 working groups
and committees
Presidency; chairing the Council; changes every 6
months; at the moment Netherlands; can have big
impact (e.g. UK pushed data retention)

Composition of the Council of the EU according to
political orientation
EPP: European People's Party (8)
S&D: Progressive Alliance of
Socialists and Democrats (9)
ALDE: Alliance of Liberals and
Democrats for Europe (7)
ECR: European Conservatives
and Reformists (3)
GUE/NGL: European United
Left–Nordic Green Left (1)
Non-Attached Members (1)

The European Commission

European Commission
Executive body
27 Commissioners plus the President
Responsible for 33 Departments
(„Directorates-General” or Dgs)
It alone has the legislative initiative
Ensures correct implementation of European
legislation (Directives, Regulations, Decisions)
Implements budgetary and funding programmes

First Vice-President
Frans Timmermans
Better Regulation, Inter-Institutional
Relations, Rule of Law & Charter of
Fundamental Rights
Vice-President
Kristalina Georgieva
Budget & Human Rights
Vice-President
Maroš Šefčovič
Energy Union
Vice-President
Jyrki Katainen
Jobs, Growth, Investment and
Competitiveness
Vice-President
Valdis Dombrovskis
Euro and Social Dialogue
Vice-President
Andrus Ansip
Digital Single Market
Vice-President
Federica Mogherini
Foreign Affairs and Security
Policy
President
Jean-Claude Juncker
Commissioner
Günther Oettinger
Digital Economy & Society
Commissioner
Věra Jourová
Justice and Consumers
Commissioner
Pierre Moscovici
Economic & Financial Affairs,
Taxation & Customs
Commissioner
Marianne Thyssen
Employment, Social Affairs, Skills
and Labour Mobility
Commissioner
Corina Cre uț
Regional Policy
Commissioner
Johannes Hahn
European Neighbourhood Policy &
Enlargement Negotiations
Commissioner
Dimitris Avramopoulos
Migration, Home Affairs and
Citizenship
Commissioner
Vytenis Andriukaitis
Health and Food Safety
Commissioner
Jonathan Hill
Financial Stability, Financial Services
& Capital Markets Union
Commissioner
Elżbieta Bieńkowska
Internal Market, Industry,
Entrepreneurship and SMEs
Commissioner
Miguel Arias
Cañete
Climate Action and Energy
Commissioner
Neven Mimica
International Cooperation
and Development
Commissioner
Margrethe Vestager
Competition
Commissioner
Violeta Bulc
Transport
Commissioner
Cecilia Malmström
Trade
Commissioner
Karmenu Vella
Environment, Maritime Affairs and
Fisheries
Commissioner
Tibor Navracsics
Education, Culture, Youth
and Sport
Commissioner
Carlos Moedas
Research, Science and
Innovation
Commissioner
Phil Hogan
Agriculture and Rural
Development
Commissioner
Christos Stylianides
Humanitarian Aid and Crisis
Management
The Juncker Commission

Frans Timmermans
Fundamental Rights
Vice-President
Vice-President
Maroš Šefčovič
Energy Union
Vice-President
Jyrki Katainen
Competitiveness
Vice-President
Valdis Dombrovskis
Vice-President
Andrus Ansip
Vice-President
Federica Mogherini
Policy
President
Jean-Claude Juncker
Commissioner
Günther Oettinger
Commissioner
Věra Jourová
Commissioner
Pierre Moscovici
Economic & Financial Affairs,
Taxation & Customs
Commissioner
Marianne Thyssen
and Labour Mobility
Commissioner
Corina Crețu
Regional Policy
Commissioner
Johannes Hahn
Commissioner
Citizenship
Commissioner
Commissioner
Jonathan Hill
Commissioner
Commissioner
Miguel Arias Cañete
Commissioner
Neven Mimica
International Cooperation
and Development
Commissioner
Margrethe Vestager
Competition
Commissioner
Violeta Bulc
Transport
Commissioner
Cecilia Malmström
Trade
Commissioner
Karmenu Vella
Environment, Maritime
Affairs and Fisheries
Commissioner
Tibor Navracsics
Education, Culture, Youth and
Sport
Commissioner
Carlos Moedas
Research, Science and Innovation
Commissioner
Phil Hogan
Agriculture and Rural Development
Commissioner
Management

Frans Timmermans
Fundamental Rights
Vice-President
Vice-President
Maroš Šefčovič
Energy Union
Vice-President
Jyrki Katainen
Competitiveness
Vice-President
Valdis Dombrovskis
Vice-President
Andrus Ansip
Vice-President
Federica Mogherini
Policy
President
Jean-Claude Juncker
Commissioner
Günther Oettinger
Commissioner
Věra Jourová
Commissioner
Pierre Moscovici
Economic & Financial
Affairs, Taxation &
Customs
Commissioner
Marianne Thyssen
and Labour Mobility
Commissioner
Corina Crețu
Regional Policy
Commissioner
Johannes Hahn
Commissioner
Citizenship
Commissioner
Commissioner
Jonathan Hill
Commissioner
Commissioner
Miguel Arias Cañete
Commissioner
Neven Mimica
International Cooperation and
Development
Commissioner
Margrethe Vestager
Competition
Commissioner
Violeta Bulc
Transport
Commissioner
Cecilia Malmström
Trade
Commissioner
Karmenu Vella
Environment, Maritime
Affairs and Fisheries
Commissioner
Tibor Navracsics
Education, Culture, Youth
and Sport
Commissioner
Carlos Moedas
Research, Science and
Innovation
Commissioner
Phil Hogan
Agriculture and Rural
Development
Commissioner
Management
Political affiliation
S&D 8
EPP 14
ALDE 5
ECR 1

Directorates-Generals (DGs) of the EU Commission
AGRI Agriculture and Rural Development FPI Service for Foreign Policy Instruments
BUDG Budget GROW Internal Market, Industry, Entrepreneurship and SMEs
DEVCO International Cooperation and Development HOME Migration and Home Affairs
CLIMA Climate Action HR Resources and Security
COMM Communication JRC Joint Research Centre
CNECT Communications Networks, Content and Technology JUST Justice and Consumers
COMP Competition MARE Maritime Affairs and Fisheries
DIGIT Informatics MOVE Mobility and Transport
DGT Translation NEAR Neighbourhood and Enlargement Negotiations
EAC Education and Culture REGIO Regional and Urban Policy
ECFIN Economic and Financial Affairs RTD Research and Innovation
ECHO Humanitarian Aid and Civil Protection SANTE Health and Food Safety
EMPL Employment, Social Affairs and Inclusion SCIC Interpretation
ENER Energy SG Secretariat-General
ENV Environment TAXUD Taxation and Customs Union
ESTAT Eurostat TRADE Trade
FISMA Financial Stability, Financial Services and Capital Markets
Union

Advisory bodies of the EU
European Economic and Social Committee
(EESC) represents the civil society, companies and
employees
European Committee of the Regions represents
the regional and local administration

EU Ombuds(wo)man
European Ombudsman investigates complaints
about maladministration in the institutions and
bodies of the EU
Important activities:
-Pushes for greater transparency of the institutions
-Pushes for transparency in the TTIP negotiations
-Pushes for whistleblower protections in the EU
institutions (draft internal rules on whistleblowing)

European Agencies
EDPS EU Data Protection
Supervisor
ENISA European Network and
Information Security Agency
Europol European
Police Office
BEREC Body of European Regulators
for Electronic Communications
FRA EU Fundamental
Rights Agency

Justice of the European Union (CJEU)
Highest court in the European Union in matters of
European Union law
Based in Luxembourg
Purpose: “Law is observed in the interpretation
and application of the Treaties”
Judges from every EU country each get appointed
for 6 years by the Council
Much debated decisions: “Right to be forgotten”,
“Data Retention”, Schrems case

proposes legislation
Commission
How a draft text becomes law

Parliament
Commission
Council
amends proposal and
adopts own position
amends proposal and
adopts own position

Parliament
Commission
Council
Trilogue
amends proposal and
adopts own position
amends proposal
and adopts own
position
Commission, Parliament
and Council come together
and try to find a
compromise

EU Lobbying and Advocacy

Difference Lobbying vs. Advocacy
Art. 11 TEU: CSO (Civil Society Organisations)
should be involved in policy-making processes of
the Union.
Lobbying means the representation of companies
and trade associations.
Advocacy means the representation in the defence
of civil rights.
This difference is important in Brussels!

Transparency Rules in the EU
Transparency register of the EU
Not (yet) mandatory
Overview of the main work areas and finances
of the registered organisations and a list of
contact persons
Necessary to get access to the Parliament
Industry, associations, lobby agencies and
NGOS but also astroturf organisations

Transparency Register of the EU:
Online Register

Transparency Register of the EU:
Status April 2016
In total around 9000 registered organisations
Consultancies, law firms/self-employed consultants 1,056
In-house lobbyists and trade/business/pro. associations 4,657
Non-governmental organisations 2,327
Think tanks, research and academic institutions 659
Churches and religious communities 42
Local, regional and municipal authorities, PPP 429

EDRi: European
Digital Rights

EDRi
Founded in 2003 in Berlin as the
European Digital Rights AISBL
Founding members: CCC, Fitug (DE), Privacy
International, FIPR (UK), Quintessenz, Vibe (AT),
Bits of Freedom (NL), Digital Rights (DK), EFFI (FI),
IRIS (FR)
In 2016, 31 NGOs from 18 countries; mostly EU
plus EFF and Access Now

EDRi Policy Work
Defends digital human rights
Early warning system
Participates in consultations
Editor of the EDRi-gram
Position papers and proposes amendments on
legislation
Coordination with NGOs across Europe
Events

Four key priorities:
1. Data protection
2. Surveillance
3. Copyright
4. Net neutrality
But also with lower priority:
• Trade agreements
• Privatised law enforcement
• Internet Governance
EDRi Policy Work

Revision of the Audiovisual Media
Services Directive
Export control policy review
Smart Borders Package
EU Satellite and Cable Directive
Review of the regulatory
framework for electronic
communications networks &
services
EU Citizenship
Commission consultations of the past months
Needs for Internet speed and
quality beyond 2020
Priority ICT Standards Plan
Online platforms
Tackling unjustified geo-blocking
New eGovernment action plan
2016-2020
“Intellectual Property Rights”
enforcement

Policy Timeline

Policy Timeline
Public
Debate

Policy Timeline
Advocacy
Press
„Acceptable
Policies”
Policy Debate
INI Report
Public
Debate
Advocacy
Press
„Acceptable
Policies”

Policy Timeline
Advocacy
Press
„Acceptable
Policies”
Commission
Policy Debate
INI Report
Public
Debate
Advocacy
Press
„Acceptable
Policies”
Advocacy

Policy Timeline
Advocacy
Press
„Acceptable
Policies”
Commission
Policy Debate
INI Report
Public
Debate
Advocacy
Press
„Acceptable
Policies”
Advocacy
Proposal

Policy Timeline
Advocacy
Press
„Acceptable
Policies”
Council
Parliament
Commission
Policy Debate
INI Report
Public
Debate
Advocacy
Press
„Acceptable
Policies”
Advocacy
Proposal
Europe-wide
Campaigning

Policy Timeline
Advocacy
Press
„Acceptable
Policies”
Council
Parliament
Commission
Policy Debate
INI Report
Public
Debate
Advocacy
Press
„Acceptable
Policies”
Advocacy
Proposal
Europe-wide
Campaigning
Decision

Policy Timeline
Advocacy
Press
„Acceptable
Policies”
Member States
Regions
Council
Parliament
Commission
Policy Debate
INI Report
Public
Debate
Advocacy
Press
„Acceptable
Policies”
Advocacy
Proposal
Europe-wide
Campaigning
Decision
National
Campaigning
Implementation

What’s up now?

Important topics
Finalised: Data Protection Regulation, NIS Directive,
“Trade Secrets” Directive, EU PNR, Europol Directive
Overarching: “Digital Single Market”
Ongoing: Anti-Terrorism Directive, Copyright reform,
TTIP, TiSA
Upcoming: ePrivacy reform, “Migration crisis”, smart
borders, export controls

After Paris/Copenhagen/Brussels:
Fast-Track Policy Making
EU PNR - despite pending CJEU decision now
finalised; “NO campaign” by EDRi
“Dati Report” on the topic of “radicalisation”; last-
minute changes on encryption and censorship of
legal contents; non-legislative
Anti-Terrorism Directive; drafted in only two weeks;
no impact assessment, rushed through Parliament

Other initiatives:
EU Internet Forum
Was announced on several occasions since 2014
Officially launched: 3 December 2015
Europol is mainly in charge, together with
Commission (DG Home and DG Justice)
Participants : Internet companies (Ask.fm, Google,
Microsoft, Facebook, Twitter), Commission and
Member States, Europol, no civil society.

Where and how to get information about digital policies
in the EU?
Read the EDRi-gram: Articles about current policies
concerning digital civil rights
Publications in German: netzpolitik.org, irights.info
Publications in Englisch: vieuws.eu, euractiv.com
Pages of the EU Parliament, Commission and
Council, EU Whoiswho, EU Transparency Register
Interesting Projects: ParlTrack, Open Interest,
Lobbyplag
Wikipedia

Depends on interest and time
Create awareness
Talk and ask your MEPs, NGOs, …
Support campaigns
Help NGO projects (for ex. on transparency)
Participate in consultations and expert meetings
Donate to EDRi (or one of its member organisations)
How to get involved?

1
The top 10 advocacy tips
2
3
4
5
Be early.
Be reliable.
Be honest.
Be understanding.
Be nice!
6
7
8
9
10
Be thorough.
Be brief.
Be consistent.
Be personal.
Be a bridge
builder.

Thank you for your attention! Questions?

Links
EDRi homepage: http://edri.org/
EDRi papers: http://edri.org/papers/
Paper „Activist guide to the Brussels maze": http://edri.org/wp-
content/uploads/2013/09/paper01_web_20120118_2.pdf
EDRi-Gram, bi-weekly newsletter: http://edri.org/newsletters/

Links
Interesting resources
EU Transparency Register: http://ec.europa.eu/transparencyregister/public/homePage.do
EU Who is who: http://europa.eu/whoiswho/whoiswho.html
Parltrack: http://parltrack.euwiki.org/notification/edri
Lobbyplag: http://lobbyplag.eu/governments
OpenInterests http://openinterests.eu/
Ask the EU (access to documents) http://asktheeu.org/
EU Parliament MEP twitter data base: http://www.meptwitter.eu/
MEPs (2014-2019) who signed the “Charter of Digital Rights” https://www.wepromise.eu/en

Links
Tools
Parliament diagram tool: http://tools.wmflabs.org/parliamentdiagram/parliamentinputform.html

re:publica 2016 #rpTEN: How the EU works

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re:publica 2016 #rpTEN: How the EU works