TY - JOUR
T1 - Democratic Legitimacy and Soft Law in the EU Legal Order
T2 - A Theoretical Perspective
AU - Petropoulou Ionescu, Danai
AU - Eliantonio, Mariolina
N1 - Publisher Copyright:
© 2021, Journal of Contemporary European Research All Rights Reserved.
PY - 2021
Y1 - 2021
N2 - The increased recourse to soft law by the European Union (EU) as a flexible solution to complex social and policy issues has raised several questions about the democratic legitimacy of decision-making at the EU level. With the aim to provide a normative direction for future empirical assessment of EU soft law, this article explores the democratic credentials that EU soft law measures should fulfil to ensure their legitimacy. Drawing from the intersections of liberal, republican and deliberative conceptions of democracy, this article proposes four democratic legitimacy standards for the evaluation of soft law measures in practice: parliamentary involvement, transparency, participatory quality and reviewability.
AB - The increased recourse to soft law by the European Union (EU) as a flexible solution to complex social and policy issues has raised several questions about the democratic legitimacy of decision-making at the EU level. With the aim to provide a normative direction for future empirical assessment of EU soft law, this article explores the democratic credentials that EU soft law measures should fulfil to ensure their legitimacy. Drawing from the intersections of liberal, republican and deliberative conceptions of democracy, this article proposes four democratic legitimacy standards for the evaluation of soft law measures in practice: parliamentary involvement, transparency, participatory quality and reviewability.
KW - EU soft law
KW - Democratic legitimacy
KW - Liberal democracy
KW - Republican democracy
KW - Deliberative democracy
KW - Governance
U2 - 10.30950/jcer.v17i1.1139
DO - 10.30950/jcer.v17i1.1139
M3 - Article
SN - 1815-347X
VL - 17
SP - 43
EP - 65
JO - Journal of Contemporary European Research
JF - Journal of Contemporary European Research
IS - 1
ER -