|dc.description.abstract||European Governance is more than just a policy instrument without legal significance.
Its regulatory sub-divisions, such as Comitology, the Lamfalussy procedure, and the
growing number of European administrative agencies, have colonized substantive parts
of the law-shaping and law-making processes. This contribution argues that European
Governance is a distinct phenomenon that cannot be easily reconciled with traditional
notions of legislation and administration, but needs to be theorized differently.
Accordingly, its legal shape has to be adjusted to this new situation, too. Neither a - still
only vaguely defined - concept of ‘accountability’, nor a non-binding policy concept of
‘good governance’ can fill this gap.
A re-definition of European Governance - as an ‘integrating administration’ – has to
take the new developments of a distinct European administrative governance sphere
seriously. At the same time, it has to address the specific legitimatory problématique of
the new governance structures in a sufficient manner. The specific character of these
structures calls for an institutionalization of participatory patterns within the
governance structures: by ensuring the involvement of civil society actors, stakeholders
and the public in the arguing, bargaining, and reasoning processes of both European
governance and European regulation, the odd position of European governance, which
oscillates between legislative and administrative functions, can be targeted more