The Interaction between Agencies, Networks, and the European Commission in Emerging Regulatory Constellations: A Comparative Analysis of the European Telecom Sector and the European Patent System

Abstract

Purpose

Many European-level networks and regulatory constellations in different sectors (e.g., energy, telecommunications) without clear anchorage into the European Union (EU) institutional landscape have been subject to increasing efforts by the EU institutions to tie them closer to the EU. They are serving increasingly as platforms for preparing EU policy or for implementing EU decisions, which may result in closer institutional bonds with the EU. This chapter aims at examining the differences and similarities between the process towards more EU-integration in two different domains (i.e., telecommunications and patents) and regulatory constellations (i.e., supranational and intergovernmental).

Methodology/approach

The chapter analyzes the evolution in the European telecommunication sector and the European Patent System and juxtaposes this analysis with the literature on institutionalization, Europeanization of regulatory network-organizations, and multilevel governance (MLG). It focuses on the role of the European Commission and the interaction with the national regulatory agencies (NRAs) and networks within the institutional framework.

Findings

Irrespective of the particular regime (intergovernmental/supranational) in a certain domain or sector, a common trend of closer coordination and integration prompted by the Commission is taking place, which triggers a certain resistance by the national bodies regulating that domain. As long as a specific competence is considered instrumental in the creation of the single market, the Commission has strong incentives to strengthen its influence in this field, even if those competences have been regulated through an independent intergovernmental regime.

Research implications

The dynamic described in this chapter allows us to reflect upon the MLG conception as developed by Marks and Hooghe (2004), which distinguish between two types of MLG. Type I MLG refers to different levels of governments, more specifically to the spread of power along different governmental levels and the interactions between them. Type II MLG refers to jurisdictions that are both task-specific and based on membership that can intersect with each other. They respond to particular problems in specific policy fields (Marks & Hooghe, 2004). Our analysis shows that the increase in coordination and integration are the outcome of both MLG Type II processes (coordination between two issue-specific bodies) and of MLG Type I processes (tensions between two governmental levels). Furthermore, the negotiation dynamics regarding this increased coordination and integration reveal that the tensions typical of MLG Type I took place as a consequence of the increased coordination between Type II bodies. Put differently, multi-level coordination and integration mechanisms in the EU can be seen as both Type I and Type II processes. They combine features of both categories and reveal that their Type I and Type II features are interdependent.

Practical implications

The analysis in this chapter shows a need for further strengthening the MLG Type I and II conceptual framework by balancing the analytical distinction between the two types with developments about how Type I and Type II are often entangled and intertwined with each other rather than separated realities.

Social implications

The chapter describes and compares the dynamics in the European telecommunications sector and the European patent system with interesting observations for NRAs and the European Commission with respect to coordination and integration.

Originality/value

The original nature of the current chapter relates to the two selected areas and the addition to the literature on MLG.

First, with respect to the areas investigated the dynamics of the European telecommunications sector have been analyzed also by other authors, but the European patent system is an area which is relatively unexplored in terms of governance research. The combination of the two sectors with a detailed analysis of similarities and differences is highly original and generates interesting lessons with respect to coordination and integration in supranational and intergovernmental regimes.

Second, Marks and Hooghe (2004) distinguish between the two types of MLG as if they are two different constructs that are not related to each other. Our cases and argument cover both types of MLG and show the interconnection between the dynamics taking place in the two types of MLG.

Citation

van Zimmeren, E., Mathieu, E. and Verhoest, K. (2015), "The Interaction between Agencies, Networks, and the European Commission in Emerging Regulatory Constellations: A Comparative Analysis of the European Telecom Sector and the European Patent System", Multi-Level Governance: The Missing Linkages (Critical Perspectives on International Public Sector Management, Vol. 4), Emerald Group Publishing Limited, Leeds, pp. 125-162. https://doi.org/10.1108/S2045-794420150000004006