He who controls the process controls the outcome?: A reappraisal of the relais actor thesis

Abstract

In the early years of co-decision, scholars posited that informal trilogues would empower individual negotiators vis-à-vis their respective institutions because of their privileged position in the process of EU legislative decision-making. Now that the procedural framework governing trilogues has been tightened significantly in recent years particularly with the aim of controlling the negotiators, this article investigates if individual negotiators can still exercise control over the process of decision-making, biasing end results towards their own preferences. Based on a case study of the EU’s fourth Railway Package, we conclude that this is indeed the case. Applying a new conceptual frame for analysing informal negotiations, we present first conclusion as to how chief negotiators can manipulate negotiations processes to achieve preferred results in this specific but influential forum of negotiations.