Majority representation and legitimacy: Survey-experimental evidence from the European Union

What can policy makers do in day-to-day decision making to strengthen citizens' belief that the political system is legitimate? Much literature has highlighted that the realization of citizens' personal preferences in policy making is an important driver of legitimacy beliefs. We argue that citizens, in addition, also care about whether a policy represents the preferences of the majority of citizens, even if their personal preference diverges from the majority's. Using the case of the European Union (EU) as a system that has recurringly experienced crises of public legitimacy, we conduct a vignette survey experiment in which respondents assess the legitimacy of fictitious EU decisions that vary in how they were taken and whose preferences they represent. Results from original surveys conducted in the five largest EU countries show that the congruence of EU decisions not only with personal opinion but also with different forms of majority opinion significantly strengthens legitimacy beliefs. We also show that the most likely mechanism behind this finding is the application of a ‘consensus heuristic’, by which respondents use majority opinion as a cue to identify legitimate decisions. In contrast, procedural features such as the consultation of interest groups or the inclusiveness of decision making in the institutions have little effect on legitimacy beliefs. These findings suggest that policy makers can address legitimacy deficits by strengthening majority representation, which will have both egotropic and sociotropic effects.     

Striking a pose: Transparency and position taking in the Council of the European Union

In recent years, transparency (or the lack thereof) has become a central concern of the European Union and its attempts to increase the democratic legitimacy of the legislative decision‐making process. The claim regularly made is that increasing transparency increases the potential for holding decision makers to account. This study investigates the manner in which transparency in the decision‐making process affects the policy positions taken by negotiators at the outset of negotiations. The findings presented suggest that increasing transparency tends to lead to polarisation of negotiations, with negotiators taking more extreme positions when they know that their positions can be observed by outside parties. The implication of this result is that advocates of transparency should be aware that there is an inherent trade‐off between increasing transparency, on the one hand, and increasing the incentives to grandstand during negotiations, on the other.     

Public Policy and Legitimacy: A historical policy analysis of the interplay of public policy and legitimacy

This article explores the interplay of local government policy and legitimacy from a broad postpositivist perspective where historical accounts and narratives are used in a complementary fashion. The basic assumption is that legitimacy is the product of satisfying felt needs and solving perceived problems. Health and social malaise problems and related policies of the past 120 years are analyzed in 50 Swedish municipalities. The analysis indicates that municipality policies respond to local problems only partly. Generally, local government policies responded dynamically to 'objective’ and perceived problems before the 1970s, but did not resolve the problems. Today’s legitimacy crisis could, to some extent, be explained by the discrepancy between high expectations created in the policy discourse and the central and local government’s incapacity to offer sustainable solutions to ongoing problems. It is suggested that if history is considered more seriously in public policy making it could help policy makers and citizens readjust expectations, illuminate the limits and prospects for public policy, and identify ways to restore legitimacy. Moreover, legitimacy could be restored if more realistic policies are worked out and if a new division of power between the levels of government is introduced.     

Democratic legitimacy and direct elections to the European parliament

The theme of ‘democratic legitimacy’ and the way it affects the institutions and development of the European Community is a recurrent one both in the literature on Western European integration and especially in debates amongst European politicians and parliamentarians. This article examines the theme within the context of the direct elections to be held to the European Parliament in 1979. It is argued that the European Parliament has certain legitimacy problems which stem from the nature of its authority, intelligibility, visibility, and the way in which it acts as the European Community's ‘grand forum’. The holding of European elections will not in themselves overcome these problems, and a number of suggestions are offered as to how the European Parliament and the European Community can achieve democratic legitimacy.¹     

Democratic accountability and central bank independence: Historical and contemporary,national and European perspectives

Recently there has been a general move towards greater central bank independence in Europe. Countries such as Belgium, Britain, France and Spain have all increased the autonomy of their respective central banks. In this context, some people have argued that the prospects for democratic, representative government have been weakened. In these countries, democratically elected governments can no longer control the process of monetary policy making. By constructing an index of central banks’ independence, this article shows that the recent moves towards central bank independence in Britain and France have not challenged the basic foundations of indirect political accountability. However, it also shows that the proposed institutional architecture of the European Central Bank is a departure from the norms of political accountability and that, in this case, there is a distinct ‘democratic deficit’ which needs to be addressed.     

Channelling Protest in Illiberal Regimes: The Cuban Case since the Fall of the Berlin Wall

Abstract

As part of the strategy for better governance, the European Commission has taken steps towards improved consultation and dialogue on European Union (EU) policy with interested parties. Opening up the policy process and getting interest groups involved are considered important for the democratic legitimacy of EU policy making. This article examines the public Internet consultation on the Commission proposal for a new European chemicals policy, the so-called REACH system. Being one of the most consulted issues in EU history, the chemicals policy review is considered as a critical test for the participatory mechanisms provided by the European Communities. By analysing more than 6000 contributions to the consultation, it is demonstrated that it invited broad participation, although industry was considerably better represented than NGOs and other civil society associations. Moreover, an overwhelming majority of participants were national actors from the largest member states rather than transnational actors. It is concluded that online consultations can invite broad participation in EU policy shaping but it is unlikely to bring about equal participation from different group of actors. Therefore it raises concern when measured against standards of democratic governance.     

Escaping the joint‐decision trap: Repetition and Sectoral politics in the European union

Decision making in the European Union has been argued to present a ‘joint‐decision trap’, in which the ability of national actors to block decisions unilaterally produces decision making by the lowest common denominator. While this outcome is apparent in some decision situations it is far from a general outcome. The division of decisions into functional specialities and the continuing nature of the policy debates limits the capacity of ‘high politics’ to hinder decision making. Further, there are ways in which a policy entrepreneur can structure decisions to eliminate this sub‐optimal outcome.     

Learning in Denmark? The Case of Danish Parliamentary Control over European Union Policy

The Danish parliament is renowned for its influence over Danish European Union (EU) policy. Contrary to popular belief, this strength is now in question. The most central feature of the Danish EU decision‐making model is parliamentary control over the executive expressed in political mandates before Council meetings. In 1973, this was a perfectly reasonable way for the Danish parliament to influence EU policy. Today, the status of the Council has changed, severely challenging the ability of the Danish parliament to secure influence over EU policy. This article demonstrates that the Danish European Affairs Committee is aware of the changes in European decision‐making, and that the lack of adaptation, despite this knowledge, is due to structural and cultural barriers to learning in the Danish Folketing. This study reveals that our understanding of particular responses to the pressure of Europeanization is enhanced when the conditions for learning and ‘non‐learning’ are spelled out.     

The Greens in Brussels: Shaping or shaped?

Abstract.  The challenge for contemporary Green parties in government is to demonstrate both that they have not been completely de-radicalised, and that their presence in government can make a difference. Green party involvement in the European Union (EU) adds distinctive elements to this challenge. Does engagement in supranational decision making provide new opportunities for Green parties to exercise influence beyond borders? Or does it simply further exacerbate de-radicalisation tendencies? Focusing on the German and Finnish Green parties, this article explores the 'European dimension' of Green parties' governmental incumbency. Three sets of literature (Europeanisation, party change and EU policy making) are used to derive and test several hypotheses related to the impact of EU involvement on Green parties, and the impact of Green parties on EU policy making. It is argued that EU governmental engagement has accelerated Green party de-radicalisation both organisationally and programmatically, but the dynamics of this process are complex and surprisingly interactive as Greens also attempt to exercise influence over EU policy. The findings are relevant not just for those studying Green parties, but for those exploring wider questions of Europeanisation, party change and EU policy making.     

Policy Transfer in the European Union: Institutional Isomorphism as a Source of Legitimacy

This article examines public policy in the European Union (EU) by drawing upon the framework of policy transfer, which has been recently refined by comparativists, and the concept of isomorphism developed within organizational theory. Three case studies—namely, the single currency, tax policy and media ownership policy—are discussed and compared with the aim of assessing the potential of isomorphism for the analysis of policy dif-fusion. The author argues that European institutions, which have a serious limitation in terms of legitimacy, stimulate policy transfer by catalyzing isomorphic processes. Policy transfer, however, is constrained when there are no national cases to be imitated. Yet European institutions, most notably the European Commission, can overcome the problem by "inseminating" solutions into national political systems.     

Brexit: The EU Policy‐Making State Hits the Populist Buffers

There seems to be an emerging conventional wisdom that the Brexit vote resulted from specific domestic factors in Britain, such as divisions within the ruling Conservative party, the rise of UKIP, strong reaction to increased immigration, all set against the backdrop of globalisation and its adverse effects. The end result was a populist revolt. The argument presented here is somewhat different. Whilst accepting that the above factors were certainly very important, it is argued that it is important to examine the key role of the EU itself in the creation of the current crisis within the EU. The construction of an EU policy‐making state has run far ahead of what voters at the national level want, leading to a central paradox within the EU, namely that the European elite which runs the EU has introduced some very beneficial public policies, yet that elite has become increasingly out of touch with its peoples.     

A theoretical basis for participatory planning

Arguments are presented for the reconsideration of models which guide planning behavior and structure planning organizations. Hierarchical organizations are contrasted with reticular organizations and the latter are presented as necessary for effective citizen participation. Legitimacy is presented as a fundamental basis of justifying planning action and historical shifts in forms of legitimacy are noted. Participation, as a form of legitimacy, and several aspects of participatory planning are discussed in terms of recent systems thinking. It is argued that participatory planning increases the effectiveness and adaptivity of the planning process and contributes adaptivity and stability to the societal system. Further, it is argued that citizen participation is an essential element in making the planning process a learning system. This leads to a strengthening of the definition and role of communities in the urban system, and to an unexpected requirement of planners who would adopt a participatory planning process.     

Limits to EU technocratic regulation?

Abstract. This article has three main objectives. Firstly, it seeks to re–formulate the debate on technocracy in the European Union by drawing upon the concept of the EU regulatory state as developed by Majone (1996). Secondly, it illustrates the limits and tensions of a once politicised technocratic policy–making process by tracing the formulation of media ownership regulation. Although media ownership policy has been presented by the European Commission as a typical regulatory policy, it has followed a more politicised path than previous EU regulatory policies. This implies that media ownership policy does not follow the model of technocratic regulation presented by Majone in his characterisation of the EU regulatory state. Thirdly, the paper contributes to the debate on EU regulation by suggesting a new typology of regulatory policies in the EU. In the conclusion, it is argued that politicisation (which includes inefficiency and prolonged conflict) may be the price that the EU is forced to pay in its progress toward a more democratic polity.     

Designing stakeholder consultations: Reinforcing or alleviating bias in the European Union system of governance?

Consultations with stakeholders are a policy instrument widely used by policy makers to design policies and prepare legislative proposals across national and supranational systems of government. The European Union has recently reviewed its stakeholder consultation regime and asked for stakeholders’ policy input. This offers an opportunity to examine empirically stakeholders’ own evaluation of the regime and to ask a fundamental question about its democratic credentials: Do stakeholders recognise the EU consultation regime as reinforcing bias in interest representation by benefiting policy insiders, or conversely as an instrument that alleviates bias in supranational policy making? Building on rational choice institutionalism, this article outlines the potential distributional outcomes of the regime and argues that they are likely to vary along the lines of a classic divide in policy making that opposes policy insiders to outsiders. Two competing narratives are discussed in relation to the expected direction of this variation by focusing on insiders’ incentives to support or oppose the regime. The observable implications are tested empirically on an original dataset containing information about stakeholders’ positions on the evaluation of the regime status quo, its proposed further institutionalisation and their recommendations for change. The findings describe a consultation regime that seems to have created conditions alleviating bias in stakeholders’ participation in supranational policy making. This is evident in the lack of systematic, significant differences between insiders and outsiders in the evaluation of the consultation regime. Where differences do occur, they are consistent with the image of a consultation regime that has not reinforced bias in favour of policy insiders. These actors are found to be more critical of the regime status quo, its institutionalisation and more inclined to recommend policy improvements. This supports an optimistic view over the democratic credentials and legitimacy of the EU consultation regime and outlines an additional scenario under which policy actors that are traditionally associated with exerting more power and influence find themselves stripped of their privileged position in the context of European supranational governance.     

The early modern origins of contemporary European tax outcomes

What explains variation in tax outcomes between European states? Previous studies emphasise the role played by political institutions, but focus mostly on the input side of politics – how access to power and policy making is structured – and the institutions of relatively recent times. It is argued in this article that output‐side institutions related to the implementation of political decisions also matter and have deep institutional origins. As the classic literature has argued, the early modern period from 1450 to 1800 was formative for the development of fiscal capacity, but European states diverged in the stock of capacity they acquired. This article tests whether these differences still affect contemporary tax outcomes using a novel measure of fiscal capacity, based on the age, extent and quality of state‐administered cadastral records. The empirical analysis shows that, on average, countries with higher early modern fiscal capacity have higher tax revenue today, compared to countries with lower early modern fiscal capacity. This association is robust to different model specifications and alternative measurements. The findings have important policy implications as they indicate how deeply the current fiscal problems of the continent are entrenched, but also point to what needs to be prioritised within ongoing tax reforms.     

Against Legitimacy

Beetham has recently made an impressive contribution to the understanding of Legitimacy which he holds to be central to both political and social theory. As a social science concept, capable of playing a significant part in the explanation of the workings and breakdowns of political systems, however, legitimacy so defined proves difficult, sometimes impossible, to apply and runs the serious danger of misleading explanation. The case against legitimacy is argued through a combination of theoretical and empirical considerations and in place of legitimacy a case is made for the experience of government behaviour and the capacity for collective action as the more fruitful foci of social theory.     

TTIP and legislative‒executive relations in EU trade policy

Abstract

This paper analyses Transatlantic Trade and Investment Partnership (TTIP) negotiations in order to assess how the move towards tighter economic integration within the EU?US strategic partnership impacts on legislative?executive relations in EU trade policy. The analysis examines the institutional, substantive and party political dimensions of national parliaments’ scrutiny of the Common Commercial Policy. Based on insights into both domestic and EU channels of parliamentary monitoring of TTIP negotiations, the paper argues that, although the government remains the central object of democratic control, the involvement of national parliaments in transatlantic trade extends to encompass the EU’s own transatlantic and trade policies. This is rooted in the legislatures’ legal capacity to constrain the executive in the negotiation, conclusion and, where applicable, ratification phases of EU trade agreements. It is argued that national parliamentary influence takes the shape of politicisation of the legitimacy of the expected policy outcomes of these agreements.     

The dilemma of youth unemployment: Trade union responses in the federal republic of Germany,the UK and France

The high political salience of youth unemployent in European countries is not matched by a prompt coherent and concerted response by trade unions. In particular, measures to ease the transition from school to working life have evoked very mixed reactions. Aspects of the national trade union movements themselves are important determinants of this situation: political alignment and the legitimacy of their policy‐making role; financial, membership, and organisational resources; the structure and practice of collective bargaining, and finally, relations with other organisations representing youth. The three countries examined ‐ West Germany, Britain and France ‐ show that although the trade unions concerned are aware of the problems, they differ in their capacity to take effective action.     

The European Central Bank: Independence, accountability and strategy: A review

This paper reviews research on central banking and monetary policy, with special emphasis on the position of the future European Central Bank. Nowadays, it is often thought that an independent central bank with an explicit mandate to aim for price stability constitutes an important institutional device to assure price stability. Indeed, the ECB will be one of the most independent central banks as follows from the codings of various indicators measuring legal independence. Still, it does not follow straightforwardly from the literature that the Statute of the ECB is optimal. It is also argued that the accountability of the ECB is poorly arranged for in comparison with that of several national central banks. Finally, the discussion about the monetary strategy of the ECB is reviewed.     

Globalization and the future of the nation state

This article addresses the issue of whether the nation state has a future as a major locus of governance in an increasingly ‘globalized’ economic and social system. It begins by considering the development of the sovereign state and argues that international agreements between states were important in establishing the power of the state over society. It goes on to consider the changing capacities of the state in the modern world. Extreme versions of the 'globalization' thesis are then challenged, and it is argued that national-level economic processes remain central and that the international economy is far from ungovernable. Major nation states have a pivotal role to play in creating and sustaining such governance. However, their role is less than as autonomous national macro-economic managers, than as agencies that are representative of their populations and sources of legitimacy for new forms of governance. The central function of the nation state is that of distributing and rendering accountable powers of governance, upwards towards international agencies and trade blocs like the European Union, and downwards towards regional and other sub-national agencies of economic co-ordination and regulation.