Analyzing the Effects of Policy Proposal Characteristics on the Use of Consultation by the European Commission during Policy Formulation

The European Commission frequently consults stakeholders during the formulation of a policy proposal using expert groups, conferences, online consultations, seminars and so on. This research argues that bureaucratic routines and policy proposal characteristics significantly explain such procedural variation in the lead DG’s use of consultation. It considers these practices as consultation units which, together, constitute a consultation pattern. Consultation patterns are compared across formulation processes because 1) a lead DG can use multiple consultation units during one formulation process and 2) that these consultation units vary in terms of practice. The use of consultation is conceptualized in ‘fixed use’ (suited only for dyadic information exchanges), ‘custom use’ (suited also for more horizontal interaction with a short-term focus) and, lastly, ‘all-around use’ (suited also for more horizontal interaction with a long-term focus). The empirical analysis is based on a cross-sectional sample of 150 policy proposals. Data are collected via EUR-Lex and from confidential documents. A multinomial regression model demonstrates how multifaceted the use of consultation is in reality. Fixed use occurs most likely regarding a proposal 1) with a high degree of policy settings, 2) with high transversality or 3) containing substantial and new provisions. Custom use is most likely regarding a proposal 1) which amends the extant policy acquis or 2) with high salience. All-round use can also take place regarding a proposal 1) with high transversality, although its occurrence noticeably depends on 2) the lead DG responsible for consultation.