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dc.contributor.authorKJAER, Poul
dc.date.accessioned2007-07-16T13:08:17Z
dc.date.available2007-07-16T13:08:17Z
dc.date.issued2007
dc.identifier.issn1725-6739
dc.identifier.urihttp://hdl.handle.net/1814/6948
dc.description.abstractThis paper analyses the potential legitimacy basis of REACH, the new regulatory system for the EC chemicals market. It is argued that three different potential sources of legitmacy exists: i) the “quasi-democratic” process within which it was established; ii) proceduralisation; and iii) through an institutional design which is aimed at fostering deliberation. This threefold legitimacy basis reflects the hybrid nature of the regulatory structure of REACH. It is, however, also argued that the underlining feature of all three forms is that they are based on or conditioned by a high level of functional differentiation. Hence, it is argued that the prevalence of functional differentiation serves as a structural condition for the construction of an adequate legitimacy basis for transnational regulatory structures. In addition, functional differentiation must be regarded as a source of legitimacy in its own right. An adequate model of transnational governing and governance in the European context must therefore systematically confront the reality and necessity of functional differentiation.en
dc.format.extent248836 bytes
dc.format.mimetypeapplication/pdf
dc.language.isoenen
dc.publisherEuropean University Institute
dc.relation.ispartofseriesEUI LAWen
dc.relation.ispartofseries2007/18en
dc.rightsinfo:eu-repo/semantics/openAccess
dc.subjectGovernanceen
dc.subjectLegitimacyen
dc.subjectNon-majoritarian Institutionsen
dc.subjectRegulationen
dc.subjectRisk Regulationen
dc.titleRationality within REACH? On Functional Differentiation as the Structural Foundation of Legitimacy in European Chemicals Regulationen
dc.typeWorking Paperen
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