'Deliberative Supranationalism'—Two Defences

This paper responds in its first sections to a series of articles in which Rainer Schmalz-Bruns developed a concept of legitimate governance beyond the constitutional state, which he called 'deliberative supranationalism' and contrasted with what Jürgen Neyer and the present author had suggested under the same title. The Epilogue of the paper first comments on more recent critiques brought forward especially by contributors to this Special Issue of the ELJ and then on the programmatic rejection of comitology by the European Commission's White Paper on Governance in the EU. Our querelles allemandes were not specifically Teutonic: while Schmalz-Bruns presented his approach as a systematic elaboration of the theories of deliberative democracy, based, in particular, on recent contributions by Joshua Cohen, Michael Dorf, and Charles Sabel, Jürgen Neyer and I had offered an interpretation of institutional innovations and decision-making practices as observed in the European market-building project. This discussion has had precursors and follow-ups in various contexts, among both lawyers and political scientists. This essay should hence be understood as a contribution to an ongoing debate.