This article examines why and how European Union agencies involve non-state stakeholderssuch as non-governmental organizations (NGOs), business associations or trade unionsvia three access instruments: public consultations; stakeholder bodies; and representation in management boards. We assess how the use of these instruments varies across agencies, and how they are linked to different motivations driving the demand for stakeholder participation. We present two alternative sets of hypotheses, first focusing on agencies' need for information, organizational capacity and reputation, and second, considering stakeholder involvement as an instrument of legislative control. We draw on a new dataset of stakeholder involvement practices of the full population of EU agencies, compiled via document analysis and interviews. Our findings indicate that stakeholder involvement is a doubleedged sword, contributing to agency accountability and control, but with an inevitable risk of dependence on the regulated industry.
To design regulatory policies, agencies depend on information from the industries they are tasked to regulate. Therefore, agencies can organise consultations with the aim of obtaining information from different perspectives. This article focuses on stakeholder diversity in agency public consultations. We ask to what extent is information provided by stakeholders other than the regulated sector, such as other business interests, experts or nonbusiness interests? Stakeholder diversity is relevant as it may prevent agencies to become exposed to one-sided information and capture by specialised interests. Are there consultation design factors that foster consultation diversity? Or, is (a lack of) consultation diversity structurally shaped by the context in which an agency operates? Analysing a wide range of public consultations organised by European Union regulatory agencies indicates that most information agencies receive via consultations comes from regulated interests and that the limited participation of nonregulated interests is highly tenacious.
Agencies consult extensively with stakeholders such as industry associations, nongovernmental organizations, and trade unions. One rationale for consultations is that these improve procedural legitimacy and lead to greater acceptance of regulatory outcomes by citizens and the regulated industry. While this presumption of a positive relation between stakeholder consultations and the legitimacy of agencies is widespread, research analyzing this relationship remains scarce. Using a survey experiment, we examine the effect of open and closed consultations on the acceptance of procedures and regulatory outcomes in the field of environmental politics. The results demonstrate that consultation arrangements positively affect the acceptance of decision-making procedures, especially when regulators grant access to different types of stakeholders. However, although the consultation arrangement itself does not directly affect acceptance of the regulatory outcome, procedural legitimacy matters, as it increases decision acceptance among individuals who are negatively disposed toward government regulation.
To facilitate stakeholder representation, European Union (EU) agencies use a range of procedures, including closed consultation or advisory committees and open or public consultations. For analysing what kind of stakeholders gain access to advisory committees, we compare these two particular procedures. Two theoretical perspectives guide this analysis. The first is a resource‐based account, which emphasizes informational needs and leads to the expectation that not only regulated interests but also EU‐level associations and European Commission expert group members will gain representation through closed consultations. The second is a norm‐based perspective that stresses the importance for agencies to establish a credible reputation, leading them to balance interest representation. A systematic comparison of stakeholders represented in agency committee with those participating in open consultations demonstrates that regulated interests have no systematic advantage in gaining access to closed consultations. Instead, closed consultations may diversify interest representation and facilitate the involvement of non‐business interests.
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