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Law, Legitimacy, and European Governance - Functional Participation in Social Regulation (Hardcover, New)
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Law, Legitimacy, and European Governance - Functional Participation in Social Regulation (Hardcover, New)
Series: Oxford Studies in European Law
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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 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.
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