Paradoxes of the EU Regulatory Framework: The Application of a New Mode of Governance Does Not Increase Legitimacy and Effectiveness: Case Study to Dutch Water Quality

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 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 whether the shift with regard to legitimacy and effectiveness really is an improvement. My research therefore 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. A case study of a Dutch river basin district, which consisted of desk research of legal and policy documents and interviews with stakeholders, shows that actual participation can be problematic and that compliance mechanisms in practice do not work. In this way, my research provides for an answer to the question whether the new modes of governance increase the legitimacy and effectiveness of EU policy and shows one of the paradoxes of the EU regulatory framework.