2003 Fiscal Year Final Research Report Summary
The Legitimacy of EU Governance : theory and practice of policy-making for cross-sector horizontal isues
| Project/Area Number |
14520005
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
HIRASHIMA Kenji The University of Tokyo, Institute of Social Science, Professor, 社会科学研究所, 教授 (40156659)
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| Co-Investigator(Kenkyū-buntansha) |
ANDO Kenichi The University of Shizuoka, Faculty of Humanities and Social Science, Associate Professor, 人文学部, 助教授 (40232095)
SATO Iwao The University of Tokyo, Institute of Social Science, Associate Professor, 社会科学研究所, 助教授 (80154037)
KUDO Akira The University of Tokyo, Institute of Social Science, Professor, 社会科学研究所, 教授 (90092197)
OGAWA Ariyoshi Rikkyo University, Faculty of Law, Professor, 法学部, 教授 (70241932)
ENDO Ken The University of Hokkaido, Faculty of Law, Associate Professor, 法学部, 助教授 (00281775)
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| Project Period (FY) |
2002 – 2003
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| Keywords | EU / ガヴァナンス / 正統性 / 政体 / 法秩序 / 制度 / 主権 / 社会構成主義 |
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| Research Abstract |
This two year Research Project was formed by Tamio Nakamura who served as the Head Investigator for the financial year 2002. Due to his research commitment in England for the financial year 2003, the Head Investigator was replaced later by Kenji Hirashima. Nakamura is not mentioned as project member of 2003 in this abstract for this technical reason. Since substantial part of the research was completed and published in the first financial year (2002), it is fair to mention and include Nakamura's contribution to this Project.
The European Union (EU) of today covers not only economic matters but also broader political matters, while its institutional settings remain those of the European Economic Community (EEC) established in 1957. Our starting point of this research was to examine whether the mismatch does give rise to legitimacy regulation. Those studies revealed that the mismatch did exist and it has produced grave legitimacy crisis in some cases. The legislative process of the Biotec
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hnology products Patent Directive was particularly the case in point. Our investigation then proceeded to find any unofficial, de-facto, practices by the interested parties at the EU level that are intended to supplement the mismatch so that the essential and legitimate concerns were taken into consideration in the EU decision-making, especially in cross-sector policy issues. We have found several de facto networks and semi-official arrangements of such kind, in the areas of environmental policy and chemical industry regulation.
Based on these findings, we finally tried to theorize the whole picture of the institutional evolution of the EU governance that tries to meet the new cross-sector policy issues. It is argued that the EU has developed two different kinds of policy input routes: official route and de-facto specialized route closely linked to, but separate from the official route. The latter grows among the repeated participants in the official negotiation. And the incremental practices of the de-facto route may be formally recognized by the Member States to form an official institutional route after several years of practice when the Member States fin that recognition beneficial to the present official EU system to keep the system stable. Less
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