Legitimacy of Regulatory Cooperation Activities

This chapter has a double focus. Firstly, it discusses the democratic legitimacy of the results of Regulatory Cooperation and of their impact on the EU legal order. For this, it uses the distinction of legitimacy in input, output and throughput. With input legitimacy, the chapter looks into the question whether the concrete results were taken by the right decision-makers. Output legitimacy answers whether the Regulatory Cooperation results respect constitutional values and principles. Throughput legitimacy is used to assess the presence or absence of procedural safeguards within the decision-making. On that basis, it assesses the presence or absence of legitimacy guarantees on the basis of a constitutional analysis of the idea of democracy in the EU legal order. Secondly, it proposes solutions to assess the identified shortcomings.