Beyond Downloading: Venues for Associated Neighbouring Countries to Influence EU Law and Policies

Abstract

The European Union (EU) has over time developed close relations, typically taking the form of acquis‐based association agreements, with the countries in its Western and Eastern neighbourhood. This article examines when, where and how these non‐Member States can influence the terms of their association with the EU's law and policies via institutional venues. It expands on the literature of external Europeanization and governance, which has mainly focused on the downloading of EU rules by these countries. Yet, the associated neighbours have the opportunity to exert influence at different stages of the law or policy‐making process: first, before the downloading of relevant new rules by uploading or cross‐loading, that is, by attempting to initiate or shape these rules during the agenda‐setting and the formulation phases; and second, during or after the downloading by tweaking or rebuffing relevant new rules in the adoption and implementation phases. These mechanisms of influence at different points in time and in different bodies are illustrated by examples from the countries of the European Free Trade Association, of the Eastern Partnership and in the EU's customs union. The findings indicate that more uploading opportunities can generally be expected, the more downloading is required, and the better the associated countries' access to EU bodies in the early stage of the formulation of new rules. Weak uploading opportunities make joint bodies more important for tweaking and rebuffing. The proposed conceptual framework contributes to the study of external differentiated integration and opens new research avenues.

Friend Zone Forever? The Essence of and Justifications for the EU's Decision‐Making Autonomy

“…1), the CJEU specifically noted that the Opinion does not consider other provisions of the agreement, ‘in particular those dealing with the decision‐making process […]’. CJEU guidance is, thus, lacking in terms of the compatibility with the Treaty framework of concrete proposals for third country participation in the Union's formal decision‐making procedures such as, for example, the EEA EFTA states' participation in the decision‐shaping processes including their enhanced participation in the Schengen Mixed Committee (Gstöhl and Frommelt 2023), as well as the more indirect means of participation via binding decisions of international organisations or treaty bodies such as the EU‐Turkey Association Council (Müftüler‐Bac 2023) [Correction added on 16 October 2023, after first online publication: Minor corrections in the preceding sentence have been amended in this version. ].…”

“…As observers, third country representatives may, upon invitation by the Council Presidency, state their views or inform the Council about a matter at issue without participating in discussions or deliberations (Council of the European Union 2016, p. 39). Similar rules apply to the Council's preparatory bodies whose meetings must be organised in a manner that preserves the Council's decision‐making autonomy (Council of the European Union 2016, p. 39; Gstöhl and Frommelt 2023). Nevertheless, third countries have been able to participate in certain committees and in Working Parties, except for Coreper (Wessel 2019, p. 434).…”

The European Economic Area: Decision‐Shaping during the COVID‐19 Pandemic

“…More specifically, the EEA EFTA States have access to Commission expert groups, comitology committees, programme committees, and other committees in specific areas. In total, they have access to several hundred committees (Frommelt and Gstöhl, this issue). Participation in these committees can be a venue for the EEA EFTA States to influence the development of EU acquis (EFTA Secretariat, 2022).…”

“…The EEA Agreement also allows for participation of the EEA EFTA States in a number of EU programmes and agencies. They generally participate in the boards of these agencies although the rules relating to their participation vary somewhat (Frommelt and Gstöhl, this issue).…”

The EU and Third Countries: Consequences for Democracy and the Political Order

“…The EEA-EFTA states have been granted a limited right to what Frommelt (2020) terms 'policy-shaping' in the EU. He identifies four types of EEA-EFTA 'policy shaping' (see also the article by Frommelt and Gstöhl (2023) in this special issue, and Lavenex (2015) on third countries' access to EU regulatory agencies):…”