Independence And Legitimacy In The Institutional System Of The European Union

With many EU non-majoritarian bodies growing in political influence, this volume sheds light on the inherent tension between independence and legitimacy in the EU's institutional system, and explores ways to reconcile the two.

The book analyses the administrative system in the European Union with a focus on the efficiency and legitimacy of the administrative practices. In the analysis three distinct theoretical perspectives are used (a structural, a procedural and a cultural), thus ensuring that a broad variety of factors are included.

The contributors to this book examine the issues of constitutional choice that face the governments and citizens of today's Europe. Divided into three sections this study addresses: questions of political legitimacy and the meaning of democratic deficit in the EU; the reality of what institutional reforms and decision making processes are possible; and the rights of citizenship and values that should be protected.

How severe a problem is what many call the 'democratic deficit' of the European Union? Despite a voluminous theoretical literature dealing with this question, there is hardly any systematic empirical investigation of the effectiveness of the system of political representation in the EU and ofthe legitimacy beliefs of EU citizens that spring from it.This volume elaborates a conceptual framework for the empirical analysis of the alleged democratic deficit. Four dimensions of legitimacy beliefs are identified and analysed: the European political community, the scope of EU government, the institutions and processes of EU government, and EUpolicies.Based upon large-scale representative surveys among the mass publics, and different strata of the political elite of the EU and its member-states, the book examines the conditions of political representation in the EU. The results demonstrate, by and large, that legitimacy beliefs of EU citizensare the more positive, the less specific the object of identification and evaluations is; and that the process of political representation works pretty well as long as issues other than European Union issues are concerned. These findings are finally discussed in view of familiar strategies forinstitutional reform of the European Union.

Administrative law has been the object of thorough reform in various European jurisdictions. This process of transformation has considerable impacts on administrative legal scholarship in the respective countries. Profound changes in administrative activity have established new forms of administrative institutions which raise issues of legitimacy. Besides the consensus that administrative law, administrative activities, and administrative institutions have to be legitimate, the concept of legitimacy with respect to a common European framework is more than ambiguous. An analysis of the concept of legitimacy in different national legal systems promises valuable results for a discussion on the European Union level. Although the respective jurisdictions have different starting points with respect to issues of legitimacy, common sources can be detected. This is necessary in shaping and analyzing administrative law in the EU. This book comprises the results of the third workshop of the Dornburg Research Group of New Administrative Law, which took place in Paris in October 2009. The Dornburg Research Group of New Administrative Law was founded at Dornburg Castle near Jena, Germany, in 2005. Its purpose is a long-term transnational exchange of ideas between administrative law scholars from European jurisdictions.

In European societies social differentiation, value pluralism and international integration have brought about a condition of previously unknown complexity. Citizens’ expectations regarding political participation and the legitimization of government policy are rising, yet the capacities for social integration and political consensus formation may be in decline. This volume investigates how political actors and institutions in established European democracies are seeing to manage the condition of complexity and how this condition reconfigures the foundations of democratic politics. From the Contents: Legitimacy Crises, Efficiency Gaps, Democratic Deficits Efficiency versus Democracy: Conceptual Reconciliation of a Troubled Relationship? Citizens’ Expectations: Is what matters only what works? Re-engaging Citizens: Institutional Responses to Political Disengagement Informal Government Delegated Authority: Legitimizing Independent Regulatory Agencies Delegation to the EU The Open Method of Co-ordination (OMC) and The European Employment Strategy Committee Governance in EU Agricultural Policy Efficiency versus Legitimacy: The Governance of Technology Does citizen involvement improve the quality, legitimacy and implementability of environmental policy? The Allocation of Health Care The Post-democratic Turn: Complexity and the Reconfiguration of Democratic Politics

The European Commission has increasingly focused on the benefits it can derive from the greater participation of organized civil society in its role and activities. In the face of general decline in public trust in the institutions of government, it facilitated and encouraged new channels of access and consultation opportunities as a means to legitimize its position within the European political system. Karen Heard-Lauréote’s comparative analysis of four European Commission advisory forums innovatively investigates the existence of a conflict between the capacities of such forums to deliver standards of good governance. The author questions whether these venues can provide efficiency gains via the production of sufficient policy output without delays or deadlocks at reasonable cost and sustain adequate democratic credentials such as legitimacy. This study makes a significant contribution to its field by pursuing contemporary legitimacy debates asking whether under certain conditions or in certain policy-making contexts, legitimacy and efficiency may be reconciled or become at least partially compatible in European Commission committees. European Union Governance will be of interest to students and researchers of European Union politics and policy-making.

The European Union is frequently accused of having a 'democratic deficit'. Many commentators argue that this could be remedied by increasing the powers of the European Parliament relative to those of the Council and the Commission. The fact that the European Parliament is the only EU institution whose members are directly elected leads to the assumption that it is also the most legitimate. The author argues that this position is based on the flawed assumption that the nature of the European citizenry is similar to those of the member states. In other words, the position assumes that the union has a demos, or a people, who are prepared to accept majority outcomes even when finding themselves in the minority. In this book the author argues that this is not the case and that the most severe dimension of the democracy problem is not procedural, but socio-psychological. The fact that the EU does not have a people means that establishing an EU-wide democracy based on analogies to domestic political systems is likely to lead to a further loss of democratic legitimacy. The EU can rely on output legitimacy in policy areas which do not require pan-European solidarity and identity and in which policy-making at EU-level increases efficiency and thereby benefits all citizens. However, policy areas which require high levels of solidarity or a common identity should either remain fully within the nation states, or be subject to intergovernmental rather than supranational decision-making at EU-level.