Paradoxes of the EU regulatory framework in water management: developing an assessment framework to put the governance approach to the test

Abstract

It has been assumed that the new modes of governance actually contribute to more legitimate and effective policy. The question is whether that is really the case. New modes of governance merely focus on the participation of stakeholders to enhance the acceptance of decisions and, in this way, to achieve the desired results. However, participation alone may not be sufficient to achieve policy goals. It has to be complemented with compliance mechanisms. The shift towards the new modes of governance can be exemplified by EU regulation on water quality as laid down in the Water Framework Directive and its predecessors. Considering the persistent non-achievement of water quality goals, doubts arise as to whether the shift with regard to legitimacy and effectiveness really is an improvement. In this article an assessment framework is developed to assess the legitimacy and effectiveness of new modes of governance that focus strongly on participation. It focuses on one hand on the possibilities for stakeholders to participate and the actual degree of participation and on the other to the theoretical and actual possibilities for stakeholders to ensure compliance. In this way, an answer can be provided to the question of whether the new modes of governance increase the legitimacy and effectiveness of EU policy.