The Brussels Effect, European Regulatory Power and Political Capital: Evidence for Mutually Reinforcing Internal and External Dimensions of the Brussels Effect from the European Digital Policy Debate

Abstract

Anu Bradford has described the European Union’s ability to externalise its norms and standards as the so-called Brussels effect. We apply the Brussels effect to select issues discussed via the EU-US Trade and Technology Council (TTC) and show that its capacity to project power stems not only from the EU’s market size but also from its domestic decision-making structure. The political capital accumulated in the EU’s consensus-based and inclusive deliberations functions as an effective instrument for motivating other states to adopt European regulations, as legislative acts resulting from European inter-institutional and multi-level policy-making hold high standards of legal certainty and signal European strategic goals and political commitments credibly. Knowing that European consensus is an important condition for externalisation, Brussels can facilitate consensus by calling for internal compromise in order to be able to take the European compromise to the international stage. Thus, the internal and external dimensions of the Brussels effect are mutually reinforcing. This twofold appearance demarcates it from the California effect and the Beijing effect.