Generosity in intergovernmental negotiations: The impact of state power, pooling and socialisation in the Council of the European Union

Abstract

AbstractScholars have long emphasised the consensual nature of the intergovernmental negotiations in the Council of the European Union. Unlike other international organisations, where surface consensus has been found to be merely a cover for the dominance of powerful states, the EU literature describes a norm of generosity that works as a real constraining factor. In contrast, this article warns against descriptions of the EU as different in kind. Based on interviews with 231 EU Member State representatives involved in day‐to‐day negotiations in the Council, it finds a strong bias in generosity on behalf of the three dominant powers: France, Germany and the United Kingdom. The ‘Big 3’ are strikingly unwilling to make generous concessions, compared to other states. Furthermore, from a rational perspective, there are good reasons for expecting this pattern. The study also shows that extensive pooling of power in the form of qualified majority rule and hard law commitment is associated with less generosity, while there seems to be no socialising effect towards generosity from exposure to the ‘Brussels community’. These findings cast a new light on the common narrative of the EU as a ‘soft‐bargaining’ anomaly among international organisations, where national interests are upgraded into common interests by a process of norm socialisation. Instead, it seems that the purported ‘consensus norm’ has been far from successful in transcending fundamental power asymmetries between the EU Member States.