Old wine in new bottles? The actual and potential contribution of civil society organisations to democratic governance in Europe

Political science literature often claims that the participation of civil society organisations increases the democratic quality of policy-making in international governance arrangements. However, it remains unclear under what conditions such a democratic value can be achieved and how the empirical reality of this participation relates to the alleged democracy-enhancing quality. In recent years, the European initiatives to establish a civil dialogue, to improve the consultation with civil society organisations and above all the White Paper on European Governance have triggered some scientific expectations that the EU seeks to establish a participatory regime which possibly improves the democratic character of EU policy-making. The central hypothesis put forward in this paper is that the participation of civil society organisations is only then of democratic value if it takes place in an environment of clear rules; thus, an argument is made for a regulated model of participation which is both normatively meaningful and practically feasible. The safeguarding functions of legally enforceable rights to participation ensure democratic instead of lobbying-like participation. Based on normative theoretical reflections on the democratic value of participation of civil society organisations as well as on empirical research in the fields of environmental policy (chemicals, REACH) and migration policy (family reunification), this paper argues that the EU has not yet established an approach to participation that increases the democratic quality of EU policy-making but that it rather follows a voluntaristic and instrumental approach. Nevertheless, some developments in the environmental area give reason for cautious optimism that the EU might move towards a more democratic participatory regime of policy-making.