Major Turning Points in the Development of Civil Society Policy at the EU Level

Although the early 1990s mark the main turning point for EU policy on civil society, the presence of interest groups at the EU level dates back to the foundation of the European Economic Community in 1957. The Treaty of Rome was established the European Economic and Social Committee (EESC) to represent national socio-economic interest groups and involve them in building the European market. Initially, it was designed as a body with advisory powers, and its position “as an institutional expression of the organizations making up civil society” (Smismans 2003: 481) is a later identification of EESC at the European level.

The democratic transitions or “third wave of democratization” and eventual accession of Southern European countries and the independence of CEECs in the 1980s underscored the importance of “stable democracies” (Zihnioğlu 2013: 30).

Equally important was the establishment of the European Social Dialogue in 1985 at the initiative of Commission President Jacques Delors aimed to involve the social partners in the internal market process. These developments have paved the way to understanding how the civil society has become prevalent within the EU social policy field.

However, the recognition of civil society as a key actor in EU affairs, the increasing emphasis on civil society by the European institutions and the involvement of civil society organizations in policymaking have become notable in the 1990s (Armstrong 2002; Smismans 2003; Saurugger 2008; Smismans 2006). The Maastricht Treaty’s ratification process in 1992 led discussions on the democratic deficit within the EU and the role of civil society actors in EU integration. The Danish ‘No’ vote

and the limited support of the French on the ratification of the Maastricht Treaty contributed to the awareness of integrating civil society in the European project (Zihnioğlu 2013: 29). Equally important, in 1993, the Copenhagen criteria were established during the Danish presidency and political, economic and human rights conditionality were introduced as a major aspect of European politics. Therefore, in the early 1990s, civil society was developed as a strategy to tackle the democratic deficit by the EU institutions. Starting from the early 1990s, the policy documents underlined the EU’s motivations behind the EU’s civil society policy.

In An Open and Structured Dialogue between the Commission and Special Interest Groups (1992), the Commission stressed the importance of developing relations and promoting dialogue with interest groups. The aim of the 1992 communication from the Commission was to promote a dialogue, formalize relations, and initiate a debate about the role of interest groups in the development of the EU’s policies (Commission of the European Communities 1992: 1). Therefore, this report highlights the role of interest groups as actors in EU policymaking to enhance transparency and provide a more informed public debate in the Union’s activities. In this respect, the Commission differentiated between non-profit making organizations and profit making organizations and interest groups expected to provide services with technical information in EU policymaking (Commission of the European Communities 1992: 1).

This early document on the role of interest groups makes two significant observations about the EU’s policy towards civil society. First, civil society is understood as a means of improving democratic deficit at the EU level. By pointing out the Maastricht Treaty that had been ratified at that time, the document stresses

“transparency of the decision making process strengthens the democratic nature of the institutions and the public’s confidence in the administration” (Commission of the European Communities 1992: 8). Hence, civil society participation is justified on the basis of its contribution to democratization. Second, civil society is perceived as a partner at the EU level where the Commission emphasized the importance of interest groups as policy actors for effective policy outcomes.

Following this document, in 1997, the Communication from the Commission on Promoting the Role of Voluntary Organizations and Foundations in Europe built on the idea of democratic and transparent decision making and promote civil dialogue to foster solidarity and citizenship via voluntary organisations and foundations

(Commission of the European Communities 1997; Smismans 2003; Ketola 2013). As Ketola notes, while the previous communication coincided with the ratification of the Maastricht Treaty and reflected the broader debates at the EU level, this publication corresponded with the ratification of the Treaty of Amsterdam in 1997 that detailed the principles of liberal democracy such as respect for human rights and fundamental freedoms, rule of law and liberty (Ketola 2013: 40). The purpose of the document was to demonstrate the importance of civil society both at the EU and national levels, to show challenges that they faced and to initiate a dialogue and to enhance their contribution to European integration (Commission of the European Communities 1997: 1).

As the Communication highlighted for the first time, there was a strong emphasis on the political importance of these organizations- (i) citizenship, and (ii) democracy promotion:

For many people, membership of, or volunteering for, voluntary organizations and foundations, provides a vital means through which they can express their sense of citizenship, and demonstrate an active concern for their fellows and for society at large.

Voluntary organizations and foundations foster a sense of solidarity and of citizenship, and provide the essential underpinnings of our democracy. …Their contribution to the effectiveness with which representative democracy functions should not, however, be underestimated…they now play an essential part as intermediaries in exchange of information and opinion between governments and citizens, providing citizens with the means with which they may critically examine government actions or proposals, and public authorities in their turn with expert advice, guidance on popular views, and essential feedback on the effects of their policies (Commission of the European Communities 1997: 5-6).

Besides the contribution to citizenship and democracy promotion, the document emphasizes the increasingly important role of these organizations as partners. Unlike the previous document, the partnership interpretation of civil society is not only articulated at the EU level, but also at the member state level. Therefore, the role of civil society has been valued in promoting democracy and citizenship and developing partnerships both at the member state and EU levels. The document highlights the significance of the partnership between public authorities and the civil society sector by integrating voluntary organizations in planning services and policy making at all levels (Commission of the European Communities 1997: 11).

From 1998 onwards, the EU policy on civil society has acquired a new dimension with start of the accession negotiations with CEECs. Section 3.2.

demonstrates in detail the relationship between the enlargement and civil society within the context of the Central and Eastern European expansion. However, at the same time, the Commission’s discussion paper in 2000 and white paper in 2001 clearly shows how civil society support has become a key component of the accession process for CEECs (Ketola 2013: 41).

Another document, entitled The Commission and Non-governmental Organizations: Building a Stronger Partnership published in 2000, recognizes

“fostering participatory democracy”, “representing views of specific groups of citizens to the European institutions”, “contributing to policymaking”, “contributing to project management”, and “contributing to European integration” as motivations for cooperating with NGOs (Commission of the European Communities 2000; Ketola 2013:41-42). The document intended to improve and strengthen the relationship between the European Commission and the NGOs (Commission of the European Communities 2000: 2). Furthermore, dialogue and consultation between the European Commission and NGOs has articulated a key part of democratic decision-making and the process of policy shaping.

The document shows how the EU promotes a twin-track approach to civil society. On the one hand, NGOs as an important component of civil society is a tool to foster participatory democracy both within and beyond the EU. It recognized that

“belonging to an association provides an opportunity for citizens to participate actively” into a democratic system of government (Commission of the European Communities 2000: 4). On the other hand, NGOs are seen as “vital partners” for the Commission both within the EU and beyond and contribute to policymaking and deepen European integration. Accordingly, the development of partnerships between the European Commission and NGOs has extended to policy dialogue, policy delivery, projects and program management (Commission of the European Communities 2000:5).

In 2001, the Commission published the White Paper on European Governance, which is regarded as the key document in terms of structuring relationship with the civil society (Finke 2007; Greenwood 2007; Ketola 2013;

Zihnioğlu 2013). The document is concerned with the lack of confidence and the growing gap between the EU institutions and citizens. As a response to these

problems, the Commission promotes the idea of “good governance” consisting of openness, participation, accountability, effectiveness and coherence as key components of its strategy (Commission of the European Communities 2001a). The Commission’s White Paper on European Governance proposes involvement of civil society actors in the policymaking process as a way to connect the EU with its citizens. In this regard, civil society is attributed a fundamental role.

The document shows how the EU follows its dual approach to civil society.

First, civil society provides the basis for the establishment of democracy at the EU level by mobilizing people and supports disadvantaged people (Commission of the European Communities 2001a: 14). Second, civil society as a partner in European governance shapes EU policies and contributes to policymaking.