Law, Legitimacy, and European Governance: Functional Participation in Social Regulation

Hardcover | June 9, 2005

byStijn Smismans

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This volume examines the role of law in increasing the legitimacy of European decision-making by structuring and facilitating diverse forms of participation, representation, and deliberation whilst ensuring transparency and accountability. The democratic deficit and the legitimacy of theEuropean Union have attracted the attention of both lawyers and political scientists, but few have examined normatively the role of interest groups or of functional participation in European governance.This book examines institutional settings, such as committees, agencies, and social dialoguewithin which such participation occurs. Moving beyond generalities, tye author provides a detailed empirical account of participation within one policy sector: EC occupational health and safety. Smismans argues that different institutional settings for functional participation are underpinned by very different considerations: they weight balanced representation, deliberation, and expertise differently. He shows how this participation differs between legislation and regulatoryimplementation, and appraises the extent to which participation can compensate for a lack of territorial representation in implementation procedures, and can exert some control over 'scientific experts'. This book reveals changes in functional participation over time, from regulatory to persuasivepolicy-making; and argues that the 'new' forms of governance are not necessarily more participatory than the old.

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This volume examines the role of law in increasing the legitimacy of European decision-making by structuring and facilitating diverse forms of participation, representation, and deliberation whilst ensuring transparency and accountability. The democratic deficit and the legitimacy of theEuropean Union have attracted the attention of bo...

Stijn Smismans is a Jean Monnet Fellow at the European University Institute, Florence.
Format:HardcoverDimensions:542 pages, 9.21 × 6.14 × 1.12 inPublished:June 9, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199270309

ISBN - 13:9780199270309

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Table of Contents

1. Functional Participation: the Missing Link in the EU's Legitimacy Debate2. Functional Participation in Social Regulation: the Case of European Occupational Health and Safety Policy3. The European Economic and Social Committee4. Tripartite Advisory Committees: The Advisory Committee on Safety and Hygiene5. Information Agencies: the European Agency for Safety and Health Protection at Work6. The European Social Dialogue7. Functional Participation Across Stages and Modes of Policy MakingConclusionBibliography