{"title":"Improving consultation to ensure the European Union's democratic legitimacy: From traditional procedural requirements to behavioural insights","authors":"Nicoletta Rangone","doi":"10.1111/eulj.12439","DOIUrl":null,"url":null,"abstract":"<p>Consultation is a crucial tool for better regulation, as well as being essential for the accountability and legitimacy of decision-makers. The European minimum requirements for consultation are fundamental conditions in order to attain these goals. However, they may not be enough, and consultation should also be designed to neutralise or reveal cognitive limitations, both of decision-makers as well as of stakeholders. This paper claims that enriching the better regulation approach with cognitive insights can in fact increase consultation effectiveness and thus become a critical piece in the puzzle to improve the legitimacy of the European Commission. Moreover, it suggests some techniques to tackle this complexity, which need to be further assessed by ad hoc experiments.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"28 4-6","pages":"154-171"},"PeriodicalIF":1.4000,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.12439","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Law Journal","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/eulj.12439","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Consultation is a crucial tool for better regulation, as well as being essential for the accountability and legitimacy of decision-makers. The European minimum requirements for consultation are fundamental conditions in order to attain these goals. However, they may not be enough, and consultation should also be designed to neutralise or reveal cognitive limitations, both of decision-makers as well as of stakeholders. This paper claims that enriching the better regulation approach with cognitive insights can in fact increase consultation effectiveness and thus become a critical piece in the puzzle to improve the legitimacy of the European Commission. Moreover, it suggests some techniques to tackle this complexity, which need to be further assessed by ad hoc experiments.
期刊介绍：
The European Law Journal represents an authoritative new approach to the study of European Law, developed specifically to express and develop the study and understanding of European law in its social, cultural, political and economic context. It has a highly reputed board of editors. The journal fills a major gap in the current literature on all issues of European law, and is essential reading for anyone studying or practising EU law and its diverse impact on the environment, national legal systems, local government, economic organizations, and European citizens. As well as focusing on the European Union, the journal also examines the national legal systems of countries in Western, Central and Eastern Europe and relations between Europe and other parts of the world, particularly the United States, Japan, China, India, Mercosur and developing countries. The journal is published in English but is dedicated to publishing native language articles and has a dedicated translation fund available for this purpose. It is a refereed journal.
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