| Acknowledgments |
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xi | |
| Introduction |
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xv | |
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1 Questioning the European Union's "Democratic Deficit" |
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1 | (35) |
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I The Different Versions of the European Union's "Democratic Deficit" |
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1 | (2) |
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II Diverse Notions of Legitimacy |
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3 | (3) |
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III A Deliberative-Participatory Model of Legitimacy |
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6 | (7) |
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A Habermas's theory of deliberative democracy |
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6 | (2) |
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B The relationship of Habermas's theory to other normative models of democracy |
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8 | (5) |
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IV From Theory to Practice: Bringing the "Deliberative-Participatory Democracy" Theory into the Administrative Sphere |
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13 | (9) |
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A A question of scope: Is Habermas's theory applicable to the administrative state? |
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13 | (3) |
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B The fundamental operative elements of the "deliberative-participatory democracy" model in the context of the administrative state |
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16 | (1) |
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17 | (3) |
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20 | (1) |
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20 | (1) |
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21 | (1) |
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V European Administrative Law Under Siege. Is the United States a Model? |
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22 | (14) |
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2 Legitimation through Decentralization in the European Union |
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36 | (41) |
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I Liberalization of Telecommunications in Europe: An Eu-Driven Process |
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37 | (3) |
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II From Substantive Regulation to Institutional and Procedural Mandates in the Eu Regulatory Framework |
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40 | (16) |
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A Institutional requirements for national regulators---Independence |
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41 | (7) |
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B Procedural provisions for regulatory accountability---Stakeholder participation |
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48 | (8) |
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III The Accountability-Enhancing Effect of the Eu Regulatory Regime |
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56 | (21) |
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A Legitimation through decentralization |
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56 | (8) |
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64 | (13) |
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77 | (52) |
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I The French Republican Tradition and its Reflection in Public Law |
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77 | (5) |
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A The general will emanating from an indivisible national sovereignty ... |
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78 | (1) |
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B ... taking the form of statute and resulting in the "cult of law" ... |
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79 | (1) |
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C ... and aiming at the general interest |
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80 | (1) |
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D Administration bound: The distrust vis-a-vis a strong executive power |
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80 | (2) |
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II The Descriptive Inadequacies and the Evolution of the "Early Republican Model" |
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82 | (7) |
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A The descriptive inadequacies of the pure "jacobinist model" |
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83 | (6) |
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III Forms of "Administrative Democracy" in the Late 20th Century But Without a Paradigm Shift |
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89 | (4) |
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IV Toward an Enhanced Culture of Consultation: The Example of the Arcep |
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93 | (22) |
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A The creation of an independent telecommunications regulator |
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93 | (4) |
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B A consultation practice on the rise |
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97 | (5) |
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C Evaluating ARCEP's regulatory processes against the fundamental operative elements of the deliberative-participatory model |
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102 | (1) |
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102 | (1) |
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103 | (1) |
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103 | (1) |
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104 | (4) |
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D Does consultation matter? |
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108 | (1) |
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108 | (2) |
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2 Alternatives to consultation in soliciting input from key stakeholders: Complementary or antagonistic processes? |
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110 | (2) |
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112 | (3) |
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V Conclusion: Looking to the Future---Generalizing Public Participation in Administrative Policymaking |
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115 | (14) |
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129 | (48) |
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I Traditional Notions of Administrative Accountability in Greek Public Law |
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130 | (4) |
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A Parliamentary sovereignty and rules of delegation |
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130 | (3) |
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B The role of the Council of State and judicial review |
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133 | (1) |
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II The Inadequacy of the Traditional Forms of Public Accountability and the Need For a New Participatory Model |
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134 | (10) |
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A The inefficiency of the conventional modes of accountability |
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134 | (4) |
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B The structural deficiencies of the Greek state |
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138 | (1) |
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138 | (2) |
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140 | (1) |
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C The unmet need for an alternative participatory model of democratic accountability |
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141 | (3) |
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III The Emergence of Participatory Processes in Telecommunications Regulation: The Hellenic Telecommunications and Post Commission (Eett) |
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144 | (15) |
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A The rocky path to the liberalization of telecommunications in Greece |
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144 | (2) |
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B The creation of an independent telecommunications regulator |
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146 | (2) |
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C The timid rise of public consultation |
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148 | (4) |
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D Evaluating EETT's regulatory processes against the fundamental operative elements of the deliberative-participatory model |
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152 | (1) |
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152 | (2) |
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154 | (1) |
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155 | (1) |
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155 | (4) |
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159 | (18) |
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A Reform proposals for the electronic communications sector |
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159 | (4) |
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B Generalizing public participation in policymaking |
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163 | (14) |
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177 | (115) |
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I The Rise of the British Administrative State and Dicey's Legacy |
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179 | (14) |
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A "In England we know nothing of administrative law; and we wish to know nothing" |
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179 | (4) |
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B The fundamental principles of parliamentary sovereignty and the rule of law and their judicial reflection |
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183 | (6) |
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C The rise of club government |
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189 | (4) |
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II From the New Right to New Labour to a New Model of Administrative Governance? |
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193 | (23) |
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A The New Right and New Public Management: The idea of "citizen-consumer" as a new building block and its strained relationship with administrative democracy |
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193 | (6) |
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B The New Labour reforms and the persistence of informality and discretion |
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199 | (5) |
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C Judicial review of public consultations |
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204 | (1) |
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1 The sources of the duty to consult |
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204 | (5) |
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2 The content of the duty to consult |
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209 | (4) |
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3 A useful recap: Greenpeace and the role of judicial review of participatory processes |
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213 | (3) |
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III The Case Study: Public Participation in Telecommunications Regulation |
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216 | (47) |
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A Telecommunications regulation from the Director General of Telecommunications to Ofcom |
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217 | (1) |
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1 Liberalization of the telecommunications sector in the UK: A brief overview |
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217 | (2) |
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2 The Regulators: The Director General of Telecommunications and Oftel (1984--2003) |
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219 | (3) |
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3 The Regulators: Ofcom (2003--) |
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222 | (3) |
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B From structure to process: Participatory processes under Oftel and Ofcom |
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225 | (1) |
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1 Oftel's policymaking processes |
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225 | (8) |
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2 Ofcom's policymaking processes |
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233 | (1) |
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A Consultation under statutory mandates |
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234 | (5) |
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B The indirect effect of review on appeal |
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239 | (8) |
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C Evaluating Ofcom's regulatory processes against the fundamental operative elements of the deliberative-participatory model |
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247 | (1) |
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247 | (7) |
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254 | (2) |
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256 | (1) |
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257 | (6) |
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263 | (29) |
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A Generalizing public participation in administrative policymaking |
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263 | (3) |
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B Lessons from the British experience |
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266 | (26) |
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6 Increasing the "Democratic Surplus": What Should the Path to the Future Look Like? |
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292 | (27) |
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292 | (6) |
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A Creating and expanding the "democratic surplus" domestically |
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292 | (3) |
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B Transnational and cross-sectoral convergence in the EU? A research agenda |
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295 | (3) |
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II The Limits of Convergence: The Role of the Eu in Maintaining and Expanding the "Democratic Surplus" |
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298 | (21) |
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A Centralizing regulation and implementation: Should this be the path to the future? |
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298 | (7) |
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B If it ain't broke, don't fix it (but tweak it): Reinforcing the accountability-enhancing effect of EU law |
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305 | (14) |
| Appendix |
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319 | (4) |
| Bibliography |
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323 | (16) |
| Index |
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339 | |