Europe's New Technocracy: Boundaries of Public Participation in EU Institutions

Regional organizations in the Global North have sought to create avenues for legitimating integrationist activities. Participatory initiatives are one such route. Referring mechanisms whereby ‘independently created forms of collective action’, encompassing trade unions, special interest groups and pressure groups, political parties, business organizations, mass social movements can influence regional decision making, participatory proliferating among regionalist bodies (Gerard Mickler, this issue). This article argues that proliferation be conceptualized as development a ‘new technocracy’ organizations. To make case, examines case European Union's (EU) directorates agencies. Recently, an evolving literature on EU ‘responsive has analysed how growing politicization EU-level institutions had led those responding by, example, adopting new legislation (Rauh, 2016, 2019). Scholars also suggest need analyse ‘responsiveness’ at administrative level (De Wilde Rauh, adds by analysing boundaries their technocratic logic, thus showing they operate methods furthering ‘technocratic responsiveness’, rather than democratic innovation. framework draws upon theory recently posited Anders Esmark (2017, 2020) concept technocracy been widely misunderstood governance studies. Contemporary governance, argues, intended engage broadly with civil society enhance functional utility, both national transnational levels. They characterized connect relevant actors ensuring receive information, manage risk terms foreseeing displacing possibility contestation, monitor performance regulations. The processes public involvement viewed engaged them institutions, therefore seen principally extending legitimacy. show this, analyses semi-structured interviews 24 Union Commission Directorates-General (DGs), independent agencies, well stakeholder engagement strategies requirements provided governing proceeds four sections. First, it charts evolution EU's suggests since early 2000s responded criticisms insular disconnected from public. Second, introduces Esmark's applied way framing emergence renewal Third, presents interview documentary evidence demonstrating who enact enabling: (1) connectivity, (2) management (3) performance. Fourth, reflects implications analysis our understanding potential normatively desirable participation. It might potential, if its logic seeking external legitimacy through responsiveness developed coincide logics or deliberative democracy. Technocracy ever-present ‘spectre’ integration (Streeck, 2012). Haas' (1958) original thesis Uniting Europe practical concerns about economic growth stability would lead ‘ever closer union’ influenced scholars policymakers, became concerned developing ‘outputs’ produced expert-led institutions. ‘neofunctionalist’ argument, Moravcsik (2005, p. 350) suggests, ‘remains touchstone scholarship and, albeit tacitly, politics concerning EU’. As Martin Shapiro (2004, 345) states, ‘prevalent trend attempt recruit government regulation substitute legitimacy’. form rule changed over time, however, participation What I call ‘old roots classical functionalist arguments basis integration. Old is defined ‘rule experts’, checks balances Wallace Smith (1995) provide detailed elaboration tendencies historically 1951 Treaty Paris, show, set up High Authority (later merge into 1967) advised Consultative Committee ‘representative organizations’ including consumers, businesses workers: ‘functional representation assisting technical experts’ (Wallace Smith, 1995, p.142). Here, place democracy was essentially pluralist underpinnings rule. ‘consult’ unions employers, decisions were taken light consultation. approach carried late 1980s, 1988 emphasising ‘close consultation between Commission, member states competent authorities’ (Regulation (EEC) 2052/88). old assumptions, that: there needed balance power competing interests actors, necessity post-war recovery underpinning consensus Madisonian way, lesser extent, employer worker representatives. New (see Table 1, below). came importance key question 1990s 2000s. Euroscepticism 1980s theories ‘permissive consensus’ morphed ‘constraining dissensus’ (Hooghe Marks, 2009). noted Wilde, 2011) contestation (Adam Maier, 2011). These dynamics not, disappearance earlier approach, but transformation. Analysing during Eurozone crisis, Schimmelfennig (2014, 335) ‘The process crisis largely followed neofunctionalist instead postfunctionalist expectations’. Supranational increased policy, agencies like Banking gaining more power. That not say, rationale looked same 1950s, same. Rauh (2016, 2019, 361) identifies which ‘widespread creates incentives serve immediate contemporaneously salient initiatives’. His research ‘Commission bureaucrats, usually portrayed most distant polity, aware distributional consequences policy choices willing adapt changes context integration’ 361). does mean abandon objectives. Rather, subtle reconfiguration participation, summarized 1. An incremental shift ‘old’ ‘new’ captured agenda initiated 2000s–2010s. In 2001 cited White Paper stressed ‘many people losing confidence poorly understood complex system deliver policies want’ (European 2001, 1). We view statement acknowledgement dissensus’. hence proposed should ‘renew Community method following less top-down complementing tools effectively non-legislative instruments’ 2). reflected deeper diverse range processes, ‘Roadmaps’ ‘Inception Impact Assessments’ implemented all DGs. ‘Better Regulation’ initiative emerged, aiming avoid introducing updating improving existing laws, widespread affected communities (Bunea Ibenskas, 2017). difference explicated here. While stakeholders too dissimilar established representative Paris creating Coal Steel Community, intensity interaction substantially representatives expanded cover Non-Governmental Organizations (NGOs) consumers various areas competence Arras Beyers, 2020; Pérez-Durán, 2019; Wood, 2018). incremental, scaling back role significant transformation, reasons engaging environments – instituting politicization. Whereas conceived formalized power, broader means potentially wider, so pressures narrower sense flexibility responsive justified core workings bodies. Responsiveness primarily adjustments institutional practice (such adoption legislation) response underlying societal within unpack detail. De (2019) fruitful shifting ‘systemic’ (policy legislative adoption) ‘procedural’ studying ‘dynamic adaptation’ adminstrative pressures. fits agenda. assesses managers conceptualize practices responses doing so, recent innovations administration establish conceptual responsiveness, assessing systematic theorization shifted so-called ‘late modern’ era capitalism. 501) asks question: ‘how we interpret reforms challenged bureaucratic model decades?’ reforms, he broadly, brought ‘governance’ fluid risks dispersed information. For some, replacement bureaucracy interconnected ‘governance’. However, quick dismiss idea experts’. argument become engaged, being introverted withdrawn: ‘Although paradigm clearly deploys language organizational technological imperatives, exactly hidden subdued: open, assertive, transparent paradigm’ (Esmark, 2017, 506). theoretical perspective links procedural advocated (2019). expert technocrats powerful, associated legitimation rationality (qua Max Weber), self-legitimation three aspects: connective 2020). Each element involves authority legitimated, ways appeals made gain acceptance (legitimacy). organizing technocracy, down organization management, first procedures internal (for example Boards advisory positions), relatively uncontrolled information networks. what calls ‘connective governance’, which, drawing Castell's seminal work ‘network society’, involving ‘the implementation use technology, conducted under umbrella e-governance’. Connective designing making come line evolutions technology collecting Web 2.0 media. ‘Rather design operation machines, requires informational deal transformative effects flows’ 508; see Esmark, 2020, 125). such, using advances collect dispersed, available formal repositories, scientific journals, universities departments. ‘Connectivity’ required because transformation ‘abundance’ ensure regulatory gets require communicate decisions. Actors legitimate connectivity networks once facilitate ‘engagement’ outside world, purposes collection dissemination explicitly ends. boundary expect exercises gathering disseminating, any coincidental operation, central justified. realization ultimately no protection against threats likely exasperate problems and/or produce ones makes belief proportional relation knowledge problem-solving capacity untenable 509). reshaping ambition… participants recognize likelihood failure then continue success possible’ Risk identifying, monitoring systemic dangers clear fallible, look towards multiple sources ‘collaborate’ bolster credentials effective governors. functionalism technocracy… invested creation models identifying linking forces machine. Learning continuous improvement contrast, experimentalist ambition finding out “what works why” 511). notes focus experimentation greater standards accountability older ‘top-down’ knowledge. Experts extent before, ‘transparency and… responsibility continuously demonstrate results general public, media, vested particular issues’ again ‘epistemic’ communities, legitimacy-by-default, assumed (Table Internal governance: academics) Reaction crisis: Risks identified only caused crisis. Formal processes. External audit: Independent private auditors check evaluate finances) purpose article, issue, benchmarks comparing extensive is, be, actors. mobilising dataset DGs, decentralized arm's length industry, consumer aim understand these uncover targeted communications affairs teams Interview invitations sent selection DGs requests. purposive sampling best able articulate initiatives, rationale. supplemented document 33 53 covering post-2010 documents each body. historical laws regulations regarding engagement, founding agency requiring engagement. NVIVO thematic coding based framework. highlight portions text relevance (some one). synthesised inductively, identify interviewees imposed public/stakeholder why about. Thus far argued takes shape outwardly open interface, designed encouraging broad exists latent requisite expertise inform informed, involved given priority decision-making. Requirements ‘affected’ via routes. Commission's carry online aspect ‘New past ten years, ‘online feedback tool [that] allows citizens express views entire law-making process’ 2016). ‘feedback tool’, called ‘Have Your Say’, firstly includes opportunities give ‘roadmaps’ impact assessments period weeks. periods evaluations regulations, 12 weeks, recommendations Parliament, eight There specific weeks delegated implementing acts, submit proposal ‘lightening load’–simplifying burdensome regulations–submitted separate platform (‘REFIT’). When media began take hold however many years ago…five ago, maybe… when put forward plan/project future communication … Well, negative ‘You're going waste money that’ (Interview 11). I've got very strict limit resources [social media]. cannot spare whole person do total, perhaps half full-time equivalent working 5). Have challenges time? Yes, 20 ago [DGs] even isolated. will say ‘arrogant’ behaved ‘closed shop’. Now connected 15). mean, sort consultations website things that. Often quite technical, you know, ‘Do think font big enough? Do navigation menu …’ it's thinking kind content [and] transmitted 19). critical assessment raises important point online, providing ‘connecting’ them, often left undefined. Agencies may, evidencing ‘transparency’, refers aspects ‘going on’ agency, opinions black box process. Such empty detail ‘efficient’ ‘productive’ manner, without offering enable interested area food, pharmaceuticals environment contest meaningfully decision. organization. If excluded problem. It's learning awareness, flaws legal construction. You other. Outreach part 3). main but, all, every medicine side effects, always end, recommend positive opinion actually benefit outweighs So try really stand firm fact tricky accounting measures [where] experts market…we happy bring in, product eventually beneficial everyone. But want introduce debate 8). Same colleagues Stockholm… [their] task outbreaks diseases… Who themselves bit promoters preparedness, health, building general. They're conferences, publishing manuals brochures just health 17). Interestingly here, market’ needs ‘stand firm’ maintain image ‘technical body’ ‘policy management’. Were disengaged market, managed. industry ‘introduc[ing] debate’ afford do. achieving ‘a win-win situation where getting [good] them’ maintaining ‘evidence-based’ securing ‘buy in’ market’. Any imbalance two undesirable weakening competence. Interviewees agreed risk… reliability objectivity while closely bodies’ 1), ‘Risk natural thing’ ‘you credibility’ 10) ‘We time’ emphasis placed fallout, neutral differs crucial processes–the perceptions carefully crafted active market’, wider process, withdrawal insulation, technocracy’. Engagement moment maximizes value EFSA alike other words, help final outcome EFSA's work. Authentic contributions made, remains scrutiny throughout explains input account (EFSA, 12). Europe's wide norm, widening deliberation. stated, example; ‘You don't good news concentrate ask well’ Similarly, interviewee ‘as work, much possible stakeholders’ Stakeholder normalized agency's job, antithesis it. Communication important. Growth jobs objective here grow, conferences events get apply could areas. tend traditional speaking face know why…maybe Brussels attracts [the ‘usual suspects’]. I'm sure thing specifically expressly written directive guidance works, happen 23). conduits [agency] employees [consumer] newsletters, on.… find… sometimes agency] need[s] patient tap members' network 22). close relationship consumer/industry membership Boards, integrates ‘non-state’ EU, integral Union. Again, stress ‘technocratic’ credit for. perceived perform adequately. professional participating success, correspond technocracy. Technocracy’, constructed increasingly society, puts commonly NGOs regular developing, evaluating Specifically, necessary of: circulating ‘multipliers’ procedures; crafting stakeholders, data provides points above. Taken together, occurs everyday level. precisely assert Put simply, (new) works. Images credibility, distribution variety ‘traditional’ corporate NGOs, citizens. communicating managing risk, achieves aims, secondary tertiary aim, ‘relevant’ either falls institution's remit, opportunity efficiency exchange. sum, presented justify means, opposed benefits derive democratizing may matter 'new' arrangements, extend practices. distinctive 'throughput legitimacy' accountability, transparency, inclusiveness openness (Schmidt fewer structures, instead, better equipping innovatively, act 'mending' connections relationships already roles familiar (Hendriks et al., One happened Medicines Agency's program physical hearings. Standard complemented hearings patients made. Unlike explicit ‘engaging public’ alongside ‘information gathering’ exercise (Wood, Despite acknowledged restrictions deliberation hearings, nevertheless expand hybrid technical/participatory exercise. Extending further enhancing ambitious reforms.