Peter L. Lindseth
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195390148
- eISBN:
- 9780199866397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390148.003.0001
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This introductory chapter provides a brief summary of the book's argument—the administrative, not constitutional character of supranational governance in the European Union (EU), and the convergence ...
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This introductory chapter provides a brief summary of the book's argument—the administrative, not constitutional character of supranational governance in the European Union (EU), and the convergence of European public law around the legitimating structures and normative principles of the postwar constitutional settlement. The chapter outlines several key distinctions and concepts on which the argument is based, including: representative government, democratic legitimacy, and their relationship to European integration; administrative governance and the distinction between control and legitimation of regulatory power; and the importance of national oversight, if not control, in the legitimation of Europeanized administrative governance. This chapter introduces the notion of ‘historically constituted bodies’ (legislative, executive, executive, or judicial) as the repositories of representative government and democratic and constitutional legitimacy in the European system. It then relates the process of European integration historiographically to the process of diffusion and fragmentation of regulatory power away from these bodies that has been the principle characteristic of modern administrative governance since the 19th century. The chapter argues that, even as regulatory power has diffused and fragmented (first nationally, then supranationally), it has remained dependent on historically constituted bodies of representative government on the national level for legitimation, if not control. This chapter also outlines the elements of the theory of institutional change that supports the entire analysis, operating along three interrelated dimensions—functional, political, and cultural. It argues that, for a durable constitutional settlement to occur, these various dimensions must be ‘reconciled.’ It further argues that the national legitimating mechanisms described in the remainder of the book have developed to do the work of reconciliation that this introductory chapter describes.Less
This introductory chapter provides a brief summary of the book's argument—the administrative, not constitutional character of supranational governance in the European Union (EU), and the convergence of European public law around the legitimating structures and normative principles of the postwar constitutional settlement. The chapter outlines several key distinctions and concepts on which the argument is based, including: representative government, democratic legitimacy, and their relationship to European integration; administrative governance and the distinction between control and legitimation of regulatory power; and the importance of national oversight, if not control, in the legitimation of Europeanized administrative governance. This chapter introduces the notion of ‘historically constituted bodies’ (legislative, executive, executive, or judicial) as the repositories of representative government and democratic and constitutional legitimacy in the European system. It then relates the process of European integration historiographically to the process of diffusion and fragmentation of regulatory power away from these bodies that has been the principle characteristic of modern administrative governance since the 19th century. The chapter argues that, even as regulatory power has diffused and fragmented (first nationally, then supranationally), it has remained dependent on historically constituted bodies of representative government on the national level for legitimation, if not control. This chapter also outlines the elements of the theory of institutional change that supports the entire analysis, operating along three interrelated dimensions—functional, political, and cultural. It argues that, for a durable constitutional settlement to occur, these various dimensions must be ‘reconciled.’ It further argues that the national legitimating mechanisms described in the remainder of the book have developed to do the work of reconciliation that this introductory chapter describes.
Peter L. Lindseth
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195390148
- eISBN:
- 9780199866397
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390148.001.0001
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
The implications of European integration for national democracy, representative government, and constitutionalism are well known. Nevertheless, as the events of the first decade of the present ...
More
The implications of European integration for national democracy, representative government, and constitutionalism are well known. Nevertheless, as the events of the first decade of the present century have made clear, the European Union's (EU's) complex system of governance has been unable to achieve a democratic or constitutional legitimacy in its own right. This book traces the roots of this paradox to integration's dependence on the ‘postwar constitutional settlement of administrative governance’ on the national level. Supranational policymaking has relied on various forms of oversight from national constitutional bodies, following models that were first developed in the administrative state and then translated into the European context. These national oversight mechanisms (executive, legislative, and judicial) have developed over the last half-century to address the central disconnect in the integration process: between the need for supranational regulatory power, on the one hand, and the persistence of national democratic and constitutional legitimacy, on the other. In defining the ways European public law has sought to reconcile these two conflicting demands—most importantly, via the concepts of ‘delegation’ and ‘mediated legitimacy’—this book lays the foundation for a better understanding of the administrative, not constitutional nature of European governance going forward.Less
The implications of European integration for national democracy, representative government, and constitutionalism are well known. Nevertheless, as the events of the first decade of the present century have made clear, the European Union's (EU's) complex system of governance has been unable to achieve a democratic or constitutional legitimacy in its own right. This book traces the roots of this paradox to integration's dependence on the ‘postwar constitutional settlement of administrative governance’ on the national level. Supranational policymaking has relied on various forms of oversight from national constitutional bodies, following models that were first developed in the administrative state and then translated into the European context. These national oversight mechanisms (executive, legislative, and judicial) have developed over the last half-century to address the central disconnect in the integration process: between the need for supranational regulatory power, on the one hand, and the persistence of national democratic and constitutional legitimacy, on the other. In defining the ways European public law has sought to reconcile these two conflicting demands—most importantly, via the concepts of ‘delegation’ and ‘mediated legitimacy’—this book lays the foundation for a better understanding of the administrative, not constitutional nature of European governance going forward.
Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199286485
- eISBN:
- 9780191730894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199286485.003.0009
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter discusses the organizational forms central to European administrative governance. It sets out the central features of these forms, their rationale(s) and, wherever possible, offers an ...
More
This chapter discusses the organizational forms central to European administrative governance. It sets out the central features of these forms, their rationale(s) and, wherever possible, offers an assessment of the issues which they raise in terms of legitimacy and accountability. Specifically, it considers comitology, European agencies, various forms of European networks for administrative governance, the Open Method of Coordination, and organizational forms in which private parties play a dominant role.Less
This chapter discusses the organizational forms central to European administrative governance. It sets out the central features of these forms, their rationale(s) and, wherever possible, offers an assessment of the issues which they raise in terms of legitimacy and accountability. Specifically, it considers comitology, European agencies, various forms of European networks for administrative governance, the Open Method of Coordination, and organizational forms in which private parties play a dominant role.
