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1. Legitimacy in the Multilevel European Polity

Author:
Fritz W. Scharpf
Publication Date:
02-2009
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
In order to be simultaneously effective and liberal, governments must normally be able to count on voluntary compliance – which, in turn, depends on the support of socially shared legitimacy beliefs. In Western constitutional democracies, such beliefs are derived from the distinct but coexistent traditions of “republican” and “liberal” political philosophy. When judged by these criteria, the European Union – if considered by itself – appears as a thoroughly liberal polity which, however, lacks all republican credentials. But this view (which seems to structure the debates about the “European democratic deficit”) ignores the multilevel nature of the European polity, where the compliance of citizens is requested, and needs to be legitimated by member states – whereas the Union appears as a “government of governments” which is entirely dependent on the voluntary compliance of its member states. What matters primarily, therefore, is the compliance-legitimacy relationship between the Union and its member states – which, however, is normatively constrained by the basic compliance-legitimacy relationship between member governments and their constituents. Given the high consensus requirements of European legislation, member governments could and should be able to assume political responsibility for European policies in which they had a voice, and to justify them in “communicative discourses” in the national public space. This is not necessarily true of “non-political” policy choices imposed by the European Court of Justice. By enforcing its “liberal” program of liberalization and deregulation, the ECJ may presently be undermining the “republican” bases of member-state legitimacy. Where this is the case, open non-compliance is a present danger, and political controls of judicial legislation may be called for.
Topic:
Civil Society, Democratization, Government, Politics, and Political Theory
Political Geography:
Europe

2. Problem-Solving Effectiveness and Democratic Accountability in the EU

Author:
Fritz W. Scharpf
Publication Date:
02-2003
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
The paper begins by examining the functions of input-oriented and output-oriented legitimating arguments in liberal democracies. At the European level, input-oriented arguments remain weak, but legitimacy problems are generally avoided since the policies which can in fact be adopted under prevailing institutional conditions are still based on broad intergovernmental consensus. For a variety of new policy challenges, however, consensus on the choice of European solutions is unlikely to be reached, even though member states are unable to cope with such challenges on their own. Among the examples discussed are the notorious problems of a common foreign, security and defense policy and the spillovers of European economic integration that are challenging national welfare regimes. The resulting problem-solving gaps, which may undermine political legitimacy nationally and in the EU, could not be legitimately overcome by moving from consensual to majoritarian governing modes at the European level. What could help are modes of differentiated integration which allow groups of member states to adopt consensual European solutions applying only to members of the group.
Topic:
International Relations and Civil Society
Political Geography:
Europe

3. The European Social Model: Coping with the Challenges of Diversity

Author:
Fritz W. Scharpf
Publication Date:
07-2002
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
European integration has created a constitutional asymmetry between policies promoting market efficiencies and policies promoting social protection and equality. National welfare states are legally and economically constrained by European rules of economic integration, liberalization, and competition law, whereas efforts to adopt European social policies are politically impeded by the diversity of national welfare states, differing not only in levels of economic development and hence in their ability to pay for social transfers and services but, even more significantly, in their normative aspirations and institutional structures. In response, the "Open Method of Coordination" is now applied being in the social-policy field. It leaves effective policy choices at the national level, but tries to improve these through promoting common objectives and common indicators and through comparative evaluations of national policy performance. These efforts are useful but cannot overcome the constitutional asymmetry. Hence there is reason to search for solutions which must have the character of European law in order to establish constitutional parity with the rules of European economic integration, but which also must be sufficiently differentiated to accommodate the existing diversity of national welfare regimes. The article discusses two such options, "Closer Cooperation" and a combination of differentiated "framework directives" with the Open Method of Coordination.
Topic:
Civil Society, Economics, and Political Economy
Political Geography:
Europe