Participatory Democracy, Civil Society and Social Europe

Whereas participatory democracy was traditionally meant to further the maximum participation of citizens in political life, the EU supports a modern version of the participatory ideal where citizens are represented by a selfdesignated elite of civil society experts. This book takes a critical stance on that technocratic form of government. At the same time, it examines whether there are realistic ways for a bureaucratic organization like the EU to involve a truly civil society of active citizens in governance.

Auteur(s):
Gautier Busschaert
Reeks:
Law and Cosmopolitan Values
Volume:
8
boek | verschenen | 1e editie
april 2016 | xii + 238 blz.

Hardback
€ 75,-


ISBN 9781780683959


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Participatory democracy has become a buzzword in current discussions about how to democratize the EU. European institutions associate it with civil society involvement in European governance and claim that it might reduce its so-called democratic deficit. The Treaty of Lisbon formalizes this promise by enacting a new Article 11 TEU specifically dedicated to participatory democracy as a founding principle of the EU legal order. This participatory turn has already attracted much scholarly attention. However, two fundamental paradoxes have been overlooked.

Whereas participatory democracy was traditionally meant to further the maximum participation of citizens in political life, the EU supports a modern version of the participatory ideal where citizens are represented by a selfdesignated elite of civil society experts. This book takes a critical stance on that technocratic form of government. At the same time, it examines whether there are realistic ways for a bureaucratic organization like the EU to involve a truly civil society of active citizens in governance.

Participatory democracy was also intended to overcome the social inequalities of market capitalism. Yet, the EU came into existence as a European economic community embracing free and undistorted competition. This book claims that European civil society may only flourish if social Europe acts as a counterweight to economic Europe. So it analyses whether the EU has developed a social dimension strong enough to protect civil society from the colonizing forces of European economic integration.

The author is currently working as an attorney at Van Olmen & Wynant, a Brussels-based law firm with a niche expertise in social and employment law. He also holds a PhD in law from the University of Leicester, awarded for the doctoral thesis upon which this book is based.

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Contents (p. 0)

Chapter 1. Democratic EU: from Representation to Participation (p. 1)

Chapter 2. Reviewing the Participatory Ideal of Bits and Pieces (p. 17)

Chapter 3. Overcoming the Participatory Ideal of Bits and Pieces (p. 35)

Chapter 4. Revisiting the Fundamentals of Internal Market Law (p. 57)

Chapter 5. Revisiting the Fundamentals of European Competition law (p. 77)

Chapter 6. The Civil Dialogue - A Magic Cure for the Democratic Ailments of the Community Method? (p. 101)

Chapter 7. The Open Method of Coordination - Radicalising Participatory Democracy in the EU? (p. 129)

Chapter 8. Looking Back - Moving Forward (p. 153)

Table of Legislation (p. 181)

Table of Cases (p. 187)

Bibliography (p. 195)

Over de reeks

Law and Cosmopolitan Values

The Law & Cosmopolitan Values series contains monographs and collections of essays that address fundamental topics in law and globalisation, which range over doctrinal as well as normative questions of International and European law, human rights, justice and democracy. A main purpose of the series is to encourage scholarship that explores and transcends the categories and assumptions on which contemporary debates on globalization are conducted, and to stimulate reflection upon questions concerning the interplay between law, policy and principle.

Recognizing that there is non sharp distinction between theoretical and systematic work in the field from an analysis of law in context, the editors welcome studies from a wide variety of methodological traditions.
The contributions to the series which inevitably cross disciplinary lines appeal to students, researchers and professionals in public law, international law, human rights law, political science, legal, and political philosophy.

Editorial Board: Koen De Feyter, Alexia Herwig, George Pavlakos, Patricia Popelier and Wouter Vandenhole.
All members are part of the Centre for Law and Cosmopolitan Values at the University of Antwerp.

Advisory Board: Robert Alexy (Kiel), Samantha Besson (Fribourg, CH), Christian Joerges (Bremen), Panos Koutrakos (Bristol and Antwerp), Thalia. Kruger (Antwerp), Joost Pauwelyn (Geneva), Margot Salomon (LSE), Kok-Chor Tan (Pennsylvania), Herwig Verschueren (Antwerp) and Wim Voermans (Leiden).

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