From Intergovernmental Bargaining to Deliberative Political Processes: The Constitutionalisation of Comitology

27 Pages Posted: 25 Jan 2011

See all articles by Christian Joerges

Christian Joerges

University of Bremen - Faculty of Law; Hertie School of Governance

Jrgen Neyer

affiliation not provided to SSRN

Date Written: December 16, 2002

Abstract

Abstract: This article argues that the irresistible rise of Comitology is an institutional response to the deep-seated tensions between the dual supranational and intergovernmentalist structure of the Community on the one hand, and its problem-solving tasks on the other. Comitology has accordingly provided a forum in which problems are addressed through evolving and novel processes of interest formation and decision-making. However, neither legal nor political science have been able properly to evaluate the workings of the committee system, both disciplines remaining trapped within normative structures and traditional methodologies ill-suited to the analysis of these institutional innovations. As a consequence, this article advocates the trans-disciplinary study of Comitology, and furthermore argues that the two disciplines might be drawn together by the concept of deliberative supranationalism: being on the one hand a normative approach which seeks both to preserve the legitimacy of national democracies and to set limits upon the traditional Nation State within a supranational community; and on the other, a theoretical tool which is nonetheless responsive to and accomodating of real-world phenomena.

Suggested Citation

Joerges, Christian and Neyer, Jrgen, From Intergovernmental Bargaining to Deliberative Political Processes: The Constitutionalisation of Comitology (December 16, 2002). European Law Journal, Vol. 3, Issue 3, pp. 273-299, 2002. Available at SSRN: https://ssrn.com/abstract=1747454 or http://dx.doi.org/10.1111/1468-0386.00031

Christian Joerges (Contact Author)

University of Bremen - Faculty of Law ( email )

PO Box 330440
Bremen, 28334
Germany

Hertie School of Governance ( email )

Friedrichstraße 180
Berlin, 10117
Germany

Jrgen Neyer

affiliation not provided to SSRN

No Address Available

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