Law, Legitimacy, and European Governance
Functional Participation in Social Regulation
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 August 2004
- ISBN 9780199270309
- Binding Hardback
- No. of pages544 pages
- Size 239x159x28 mm
- Weight 952 g
- Language English 0
Categories
Short description:
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. The important role of interest groups in the current debates over the legitimacy of the European Union is examined. Models of functional participation, including committees, agencies, and social dialogue are analysed in the light of a detailed empirical study of EC occupational health and safety policy.
MoreLong description:
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 the European 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 dialogue within 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 regulatory implementation, 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 persuasive policy-making; and argues that the 'new' forms of governance are not necessarily more participatory than the old.
Table of Contents:
Functional Participation: the Missing Link in the EU's Legitimacy Debate
Functional Participation in Social Regulation: the Case of European Occupational Health and Safety Policy
The European Economic and Social Committee
Tripartite Advisory Committees: The Advisory Committee on Safety and Hygiene
Information Agencies: the European Agency for Safety and Health Protection at Work
The European Social Dialogue
Functional Participation Across Stages and Modes of Policy Making
Conclusion
Bibliography
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