Impact Assessment as Agenda-Setting: Procedural Politicking and the Mobilization of Bias in the European Union's Audiovisual Media Services Directive

Abstract

Though often framed as a technocratic tool, impact assessment is a core element of the political agenda-setting process. In this article, we show that decisions about what is subject to legislative debate are made during impact assessment; specifically, during the drafting of the assessment report. Using a social process tracing methodology, we analyze the removal from the agenda of provisions for stronger alcohol advertising rules during the revision of the EU's Audiovisual Media Services Directive. We identify and test three possible explanations for this non-decision, drawing on material not previously in the public domain, and exploring how procedural politicking in the context of the EU's Better Regulation agenda shapes the drafting process. Concluding that the non-decision on alcohol advertising regulation was most likely prompted by combined political pressure from within and outwith the Commission, we argue for greater attention to impact assessment as a tool for mobilizing bias and agenda-setting.