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From the Democratic Deficit to a Democratic Surplus: Constructing Administrative Democracy in Europe [Kõva köide]

(Lecturer in Law, University of Bristol Law School)
  • Formaat: Hardback, 376 pages, kõrgus x laius x paksus: 236x157x31 mm, kaal: 612 g
  • Ilmumisaeg: 07-Dec-2017
  • Kirjastus: Oxford University Press Inc
  • ISBN-10: 0190632763
  • ISBN-13: 9780190632762
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  • Formaat: Hardback, 376 pages, kõrgus x laius x paksus: 236x157x31 mm, kaal: 612 g
  • Ilmumisaeg: 07-Dec-2017
  • Kirjastus: Oxford University Press Inc
  • ISBN-10: 0190632763
  • ISBN-13: 9780190632762
Challenging the conventional narrative that the European Union suffers from a "democratic deficit," Athanasios Psygkas argues that EU mandates have enhanced the democratic accountability of national regulatory agencies. This is because EU law has created entry points for stakeholder participation in the operation of national regulators; these avenues for public participation were formerly either not open or not institutionalized to this degree.

By focusing on how the EU formally adopted procedural mandates to advance the substantive goal of creating an internal market in electronic communications, Psygkas demonstrates that EU requirements have had significant implications for the nature of administrative governance in the member states. Drawing on theoretical arguments in favor of decentralization traditionally applied to substantive policy-making, this book provides insight into regulatory processes to show how the decentralized EU structure may transform national regulatory authorities into individual loci of experimentation that might in turn develop innovative results. It thus contributes to debates about federalism, governance and public policy, as well as about deliberative and participatory democracy in the United States and Europe.

This book informs current understandings of regulatory agency operations and institutional design by drawing on an original dataset of public consultations and interviews with agency officials, industry and consumer group representatives in Paris, Athens, Brussels, and London. The on-the-ground original research provides a strong foundation for the directions the case law could take and small- and larger-scale institutional reforms that balance the goals of democracy, accountability, and efficiency.

Arvustused

This is a clever book with many layers. It is about the EU Constitution, about EU and comparative administrative law, about regulation and about telecommunication. It probably took someone of Greek descent to raise a counter-intuitive argument about democracy in the EU. The comparative analysis in this book confirms that the classical idea representative of democracy founded on the predominant role of parliamentary assemblies is much closer to myth than to actual practice, and this already the case in the Member States. ... The author is also very convincing in showing that EU law has infused high doses of participation in the Member States. * Roberto Caranta, University of Turin, Common Market Law Review *

Muu info

Winner of Runner-up for the 2019 SLSA Theory and History Prize..Runner-up for the 2019 SLSA Theory and History Prize
Acknowledgments xi
Introduction xv
1 Questioning the European Union's "Democratic Deficit"
1(35)
I The Different Versions of the European Union's "Democratic Deficit"
1(2)
II Diverse Notions of Legitimacy
3(3)
III A Deliberative-Participatory Model of Legitimacy
6(7)
A Habermas's theory of deliberative democracy
6(2)
B The relationship of Habermas's theory to other normative models of democracy
8(5)
IV From Theory to Practice: Bringing the "Deliberative-Participatory Democracy" Theory into the Administrative Sphere
13(9)
A A question of scope: Is Habermas's theory applicable to the administrative state?
13(3)
B The fundamental operative elements of the "deliberative-participatory democracy" model in the context of the administrative state
16(1)
1 Open Access
17(3)
2 Transparency
20(1)
3 Reason giving
20(1)
4 Judicial Review
21(1)
V European Administrative Law Under Siege. Is the United States a Model?
22(14)
2 Legitimation through Decentralization in the European Union
36(41)
I Liberalization of Telecommunications in Europe: An Eu-Driven Process
37(3)
II From Substantive Regulation to Institutional and Procedural Mandates in the Eu Regulatory Framework
40(16)
A Institutional requirements for national regulators---Independence
41(7)
B Procedural provisions for regulatory accountability---Stakeholder participation
48(8)
III The Accountability-Enhancing Effect of the Eu Regulatory Regime
56(21)
A Legitimation through decentralization
56(8)
B The case studies
64(13)
3 France
77(52)
I The French Republican Tradition and its Reflection in Public Law
77(5)
A The general will emanating from an indivisible national sovereignty ...
78(1)
B ... taking the form of statute and resulting in the "cult of law" ...
79(1)
C ... and aiming at the general interest
80(1)
D Administration bound: The distrust vis-a-vis a strong executive power
80(2)
II The Descriptive Inadequacies and the Evolution of the "Early Republican Model"
82(7)
A The descriptive inadequacies of the pure "jacobinist model"
83(6)
III Forms of "Administrative Democracy" in the Late 20th Century But Without a Paradigm Shift
89(4)
IV Toward an Enhanced Culture of Consultation: The Example of the Arcep
93(22)
A The creation of an independent telecommunications regulator
93(4)
B A consultation practice on the rise
97(5)
C Evaluating ARCEP's regulatory processes against the fundamental operative elements of the deliberative-participatory model
102(1)
1 Open Access
102(1)
2 Transparency
103(1)
3 Reason giving
103(1)
4 Judicial review
104(4)
D Does consultation matter?
108(1)
1 Who participates?
108(2)
2 Alternatives to consultation in soliciting input from key stakeholders: Complementary or antagonistic processes?
110(2)
E Proposals for reform
112(3)
V Conclusion: Looking to the Future---Generalizing Public Participation in Administrative Policymaking
115(14)
4 Greece
129(48)
I Traditional Notions of Administrative Accountability in Greek Public Law
130(4)
A Parliamentary sovereignty and rules of delegation
130(3)
B The role of the Council of State and judicial review
133(1)
II The Inadequacy of the Traditional Forms of Public Accountability and the Need For a New Participatory Model
134(10)
A The inefficiency of the conventional modes of accountability
134(4)
B The structural deficiencies of the Greek state
138(1)
1 A weak state
138(2)
2 A weak civil society
140(1)
C The unmet need for an alternative participatory model of democratic accountability
141(3)
III The Emergence of Participatory Processes in Telecommunications Regulation: The Hellenic Telecommunications and Post Commission (Eett)
144(15)
A The rocky path to the liberalization of telecommunications in Greece
144(2)
B The creation of an independent telecommunications regulator
146(2)
C The timid rise of public consultation
148(4)
D Evaluating EETT's regulatory processes against the fundamental operative elements of the deliberative-participatory model
152(1)
1 Open Access
152(2)
2 Transparency
154(1)
3 Reason giving
155(1)
4 Judicial review
155(4)
IV Looking to the Future
159(18)
A Reform proposals for the electronic communications sector
159(4)
B Generalizing public participation in policymaking
163(14)
5 The United Kingdom
177(115)
I The Rise of the British Administrative State and Dicey's Legacy
179(14)
A "In England we know nothing of administrative law; and we wish to know nothing"
179(4)
B The fundamental principles of parliamentary sovereignty and the rule of law and their judicial reflection
183(6)
C The rise of club government
189(4)
II From the New Right to New Labour to a New Model of Administrative Governance?
193(23)
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
193(6)
B The New Labour reforms and the persistence of informality and discretion
199(5)
C Judicial review of public consultations
204(1)
1 The sources of the duty to consult
204(5)
2 The content of the duty to consult
209(4)
3 A useful recap: Greenpeace and the role of judicial review of participatory processes
213(3)
III The Case Study: Public Participation in Telecommunications Regulation
216(47)
A Telecommunications regulation from the Director General of Telecommunications to Ofcom
217(1)
1 Liberalization of the telecommunications sector in the UK: A brief overview
217(2)
2 The Regulators: The Director General of Telecommunications and Oftel (1984--2003)
219(3)
3 The Regulators: Ofcom (2003--)
222(3)
B From structure to process: Participatory processes under Oftel and Ofcom
225(1)
1 Oftel's policymaking processes
225(8)
2 Ofcom's policymaking processes
233(1)
A Consultation under statutory mandates
234(5)
B The indirect effect of review on appeal
239(8)
C Evaluating Ofcom's regulatory processes against the fundamental operative elements of the deliberative-participatory model
247(1)
1 Open access
247(7)
2 Transparency
254(2)
3 Reason giving
256(1)
4 Judicial review
257(6)
IV Looking to the Future
263(29)
A Generalizing public participation in administrative policymaking
263(3)
B Lessons from the British experience
266(26)
6 Increasing the "Democratic Surplus": What Should the Path to the Future Look Like?
292(27)
I Stories of Convergence
292(6)
A Creating and expanding the "democratic surplus" domestically
292(3)
B Transnational and cross-sectoral convergence in the EU? A research agenda
295(3)
II The Limits of Convergence: The Role of the Eu in Maintaining and Expanding the "Democratic Surplus"
298(21)
A Centralizing regulation and implementation: Should this be the path to the future?
298(7)
B If it ain't broke, don't fix it (but tweak it): Reinforcing the accountability-enhancing effect of EU law
305(14)
Appendix 319(4)
Bibliography 323(16)
Index 339
Athanasios (Akis) Psygkas is Lecturer in Law at the University of Bristol. He has published in the areas of comparative public law, policy and governance, and advised NGOs on these issues. He holds JSD and LLM degrees from Yale Law School, where he was a Fulbright scholar, as well as an LLB and LLM in Public Law and Political Science from the Aristotle University of Thessaloniki, Greece. Akis has held fellowships at the European University Institute, the Institut d'Etudes Politiques (Sciences Po) in Paris, and Yale Law School.