It is rather telling that the European Commission’s website features a page called “Expert Groups explained”, aimed at clarifying what Expert Groups are, what their role is and how they are constituted.
In a nutshell, Expert Groups are bodies set up by the Commission or its departments to provide advice and expertise in relation to the preparation of legislative proposals and policy initiatives as well as the implementation of existing EU legislation, programmes and policies. As explained on said page, members are selected according to a selection process that guarantees a high level of expertise. Seemingly of secondary importance, the rules for Commission Expert Groups also require for the selection procedure for membership to take into account other conditions such as geographical and gender balance, prevention of conflicts of interests and a balanced representation of relevant stakeholders, but, as repeatedly stressed, only insofar as it is possible.
Whereas this extensive system of delegated policy making does, in theory, allow for a greater say by civil society in regulatory and legislative procedures, in reality the Expert Groups have predominantly been infiltrated by lobbyists and are dominated by industry interest. Non-industry representation in expert groups remains worryingly low. In 2011, BETTER FINANCE and BEUC (the European Consumer Organization) filed complaints with the European Ombudsman against the nominations of the members of the Stakeholder Groups set up by the European Banking Authority (EBA) and by the European Insurance and Occupational Pensions Authority (EIOPA).
In these particular cases, the European Ombudsman, Emily O'Reilly, concluded that the stakeholder groups in question “failed to ensure an appropriate geographical and gender balance and representation of stakeholders across the Union”. In 2014 she announced further investigations into the composition and transparency of the Commission’s expert groups. These reviews ultimately led to the realisation that the provision requiring expert groups to be “as balanced as possible” between industry and other representatives does nothing to guarantee such a balance.
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