Negotiation in the European Union: bargaining or problem-solving?

Abstract

EU negotiations are characterized bythe coexistence of a bargaining and a problem-solving approach. The permanence of EU negotiations discourages tough bargaining behaviour, as does the prevalence of strong consensus norms. On the other hand, evidence exists of very confrontational behaviour that often leads to lowest common denominator solutions. We argue that the mode of negotiation to be found in the EU decision-making processes is contextually determined. Empirically it is demonstrated that day-to-day negotiations in the EU are to a large extent problem-solving exercises. Under certain circumstances, however, conflictual bargaining occurs. The pattern varies with, therefore, level of politicization and type of policy, and according to the stage in the decision-making process. We also suggest that processes of learning have resulted in changes in the EU's negotiation style: problem-solving has become increasingly institutionalized within the EU machinery.