Between Governing and Governance On the Emergence, Function and Form of Europe's Post-National Constellation

by Kjaer, Poul F.

• ISBN13: 9781849460262
• ISBN10: 1849460264
• Format: Hardcover
• Copyright: 2010-02-05
• Publisher: Hart Publishing

Summary

This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalisation process: comitology, (regulatory) agencies and the Open Method of Co-ordination. The point of departure is the insight that the intergovernmental/supranational distinction, which most theories of European integration and constitutionalisation rely on, has lost its strength. A new paradigm of EU research is therefore needed. Against this background it is suggested that the distinction between governing and governance provides a more appropriate basis for analysing the phenomenon of integration and constitutionalization in Europe. The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension, characterised by legal and organisational hierarchy, and a governance dimension which operates within a network form characterised by legal and organisational heterarchy. The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society. Instead of representing contradictory developments, the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa. These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research & Development Policy and the regulatory system for the EU chemicals market (REACH). The book is inter-disciplinary in nature and incorporates insights from law, political science and sociology.

Author Biography

Poul F Kjaer is Alexander von Humboldt Fellow at the Cluster of Excellence: Formation of Normative Orders, Goethe University Frankfurt am Main.

Table of Contents

Acknowledgements	p. v
List of Abbreviations	p. ix
Table of Cases and Legislative Instruments	p. xiii
Towards a Paradigm of Governance	p. 1
Introduction	p. 1
The Demise of Methodological Nationalism	p. 3
Disciplinary Obstacles	p. 7
The Need for Theory	p. 11
The Context of Governance	p. 13
Introduction	p. 13
A Post-Hegelian Perspective	p. 14
The EU in World Society	p. 15
The Evolution of Integration	p. 21
The Autonomy of the EU	p. 24
The Transformative Function of the EU	p. 27
The Restabilising Function of the EU	p. 29
Integration as a Regulatory Idea	p. 31
The Societal Status of the EU Political System	p. 34
The Emergence of Governance	p. 37
Introduction	p. 37
Concepts of Shared and Separated Powers	p. 37
Power Sharing in the EU	p. 41
Decisional Outsourcing	p. 46
Comitology	p. 50
Regulatory Agencies	p. 54
The Open Method of Coordination	p. 56
Recognising Governance	p. 60
The Networks of Governance	p. 62
Introduction	p. 62
The Re-emergence of Networks	p. 63
Metaphorical Networks	p. 69
Networks between Market and Hierarchy	p. 73
The Marketisation of the Public Sector	p. 75
Embedding the EU	p. 76
The Power of Governance	p. 85
Introduction	p. 85
Three Concepts of Power	p. 86
The Regulatory State	p. 88
Deliberative Supranationalism	p. 92
Directly-Deliberative Polyarchy	p. 97
Complementary Forms of Governance	p. 101
The Governance of Knowledge	p. 104
Introduction	p. 104
The Expansion of Knowledge	p. 105
The Evolution of European Science Co-operation	p. 106
The European Research Area	p. 108
The OMC in Research and Development	p. 110
The Function of the OMC	p. 112
The Governance of Risk	p. 115
Introduction	p. 115
The Evolution of European Chemicals Legislation	p. 116
The REACH Policy Process	p. 117
The Policy Objectives of REACH	p. 120
The Institutional Form of REACH	p. 121
Procedures	p. 124
Hybrid Governance	p. 129
Hybrid Legitimacy	p. 132
Contextualising REACH	p. 139
Constitutionalising Governing and Governance	p. 141
Introduction	p. 141
The Transformation of Constitutionalism	p. 141
Partial Statehood	p. 144
Partial Constitutionalism	p. 146
Horizontal Constitutionalism I	p. 148
Vertical Constitutionalism	p. 150
Horizontal Constitutionalism II	p. 154
The Governing of Governance	p. 161
Conclusion	p. 163
Bibliography	p. 166
Annex: EU Agencies	p. 181
Index	p. 185
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