THE CONCEPT OF GOOD GOVERNANCE IN THE EU LEGISLATION: ANALYSIS IN THE CONTEXT OF METHODOLOGY OF THE CIVIL LAW RESEARCH

Abstract

Introduction: actions taken at the level of the European Union and related to the implementation of the European governance model are based on the assumptions of the theory of good governance. The research problem is the analysis of the process of implementation of this model in the decision-making mechanisms in the EU. Purpose: to analyse the theoretical framework for the application of the concept of good governance in the European Union, to assess the principles and to diagnose the actors responsible for the efficient functioning of the European governance model. The article verifies the hypothesis that the implementation of the concept of good governance in the European Union leads to the strengthening the elements that democratise and increase the transparency of the principles of its functioning for citizens. Methods: the study of these issues is conducted using actor-centred approach and metatheoretical research. The general scientific methods of cognition is used (analysis, synthesis, induction, deduction, description, etc.), as well as theoretical methods of formal and dialectic logic, supplemented by the specific juridical methods (juridical-dogmatic method, system and structure revealing method, and the method of legal norms interpretation). The analysis covers the normative basis of the good governance concept, with particular emphasis on actors involved in the procedures of applying and protecting the civil rights resulting from this concept. Results: the networks of individual actors, thematic platforms and transnational associations are active in numerous consultations with the European Commission. Тhis way, they are the main representatives of opinions of the EU Member States’ societies and the inspirers to take the necessary decisions. They play a similar role in the implementation phase of decisions, when the national administrations is obliged to implement the European standards into national legal acts. Then, the actors participate in consultations with the national authorities and monitor the implementation of EU programmes. Conclusions: the conducted analysis proved the functioning of civil participation in the European Union, which also means the existence of civil control mechanisms. However, it is small, in comparison with local governments and business structures. Representatives of civic organisations submit postulates to the European Commission that it is necessary to modify the existing rules. The governments and national officials have better support – both technical, organisational and financial – to participate in monitoring the decision-making process, but representatives of civil society are deprived of any support. These conclusions lead to a reflection that the European governance model is not functioning entirely well. There must be connections between the elements of the good governance system. The presented analysis demonstrates that only some of its fragments are functioning: legal regulations, law, public consultations of several policies. These are the lonely elements of society’s influence on decision-making process. The lack of strong systemic connections not only results in instability of the entire structure of EU governance, but also weakens the effectiveness of the law.