REFLEX Democracy and Expert Rule: The Quest for Reflexive Legitimacy

Status
Completed
Duration
01.06.2016–30.06.2021

How can depoliticized decision-making be legitimate? REFLEX examines the tension between knowledge and democracy in the European context of decision-making.

Contact

About the project

Modern democracies increasingly rely on expertise and independent expert bodies in political decision processes. Central banks, international organisations and courts, and not least EU agencies, are typical examples. The EU has set up more than 40 agencies to perform specific tasks under EU law, in areas such as food safety, aviation security and defence cooperation. Norway participates in 27 of these agencies, mainly through the EEA Agreement.

Many of these bodies make decisions with consequences for citizens’ well-being and freedom and operate within large zones of discretion. There is thus a risk of policy formation being based on experts’ judgements rather than on citizens’ opinion. The delegation of authority to expert bodies raises some fundamental questions for democracy, and how such bodies can be legitimate.

Objectives

REFLEX aims to establish what kind of democratic problem we are witnessing. That requires paying attention to the role and status of depoliticized bodies in democratic theory. Can they be justified in democratic terms?

The project pursues the idea of reflexive legitimacy, which designates that actors, when exposed to justificatory reasons, may come to accept cogent resolutions even when they are not granted access to the decision-making process. The critical question is how expert bodies are embedded in the democratic chain of power.

REFLEX conducts in-depth studies of a selection of depoliticized bodies in the EU multilevel legislative chain within fields such as financial regulation, medicine, border protection, law enforcement and defence procurement. It compares depoliticized bodies under different formal arrangements – intergovernmental and supranational – in order to establish whether better ways of organising the relationship between expertise and politics exist.

By analysing the institutional and public linkages of several depoliticized bodies, REFLEX will be able to examine actual differences in the influence of expertise and their democratic check. These studies provide a broad empirical basis from which to establish a normative model of depoliticized bodies – an institutional design that meets democratic criteria. At the same time, they will lead to new empirical knowledge of whether or not the power of expertise is wielded legitimately.

Previous events

Workshop on non-majoritarian institutions and democracy

Time and place: June 20, 2019 – June 21, 2019, Johan P. Olsen room

The research project REFLEX will organize the workshop Making Non-Majoritarian Institutions Safe for Democracy on 20-21 June in Oslo. 

Knowledge-based decision-making is indispensable to modern democracies; they cannot function without delegating some tasks to knowledge-producing bodies that are politically sheltered. Expertise is needed to run bureaucracies and agencies as well as to explain and justify policies to the general public in whose name policies are pursued. Thus, modern government relies on the delegation of a wide range of tasks to non-majoritarian institutions (NOMIS), such as central banks, international institutions, and independent agencies. From financial regulation to environmental protection, expert bodies vested with public authority conduct work necessary for polities’ day-to-day functioning and long-term stability. The increasing power of NOMIS has raised concerns about the displacement of democratic authorization and control and the rise of epistocracy/technocracy. How can such concerns be addressed in terms of both accuracy and potential remedy?

There are many potential sources of legitimacy for NOMIS, such as participatory inclusiveness, claims to expertise, and exposure to accountability mechanisms. However, it is unclear what reasons support these measures and what they entail in practice. Is there a common conceptual frame that can help us assess the democratic responsiveness of these institutions?

Understanding these challenges requires insight into the way NOMIS are embedded in the political landscape. It is therefore necessary to have multi-disciplinary venue for discussing legitimacy concerns regarding such institutions. Only by a precise diagnosis of the threats NOMIS pose can we propose strategies for making them safe for democracy.

Programme

Thursday 20 June

10.15 Section 1
Chair: Alexander Katsaitis

Erik O. Eriksen
Making depoliticized decision making safe for democracy

Discussant: Joana Mendes

Andreas Eriksen
The accountability of independent agencies

Discussant: Chris Lord

13.00 Section 2

Chair: Trym Nohr Fjørtoft

Tobias Bach
Reputational threats and democratic responsiveness of regulatory agencies (With Marlene Jugl, Dustin Köhler, Kai Wegrich)

Discussant: David Demortain

Martino Maggetti
Reasserting the center of the nation state: How EU agencies reshape domestic policymaking (With Philipp Trein)

Discussant: Alexander Katsaitis

14.45

David Demortain
The organization of evidence: How agencies design decision-making procedures to project truth and objectivity

Discussant: Andreas Eriksen

Eva Krick
Between ‘scientisation’ and a ‘participatory turn’. Tracing shifts in the governance of policy advice (With Johan Christensen and Cathrine Holst)

Discussant: Kjartan Koch Mikalsen

Friday 21 June 

09.30 Section 3

Chair: Erik O. Eriksen

Torbjørn Gundersen
Scientific experts in unelected bodies: towards a pragmatic view of political and ethical values

Discussant: Eva Krick

Kjartan Koch Mikalsen
Expertise and the general will: Towards a more democratic republicanism

Discussant: Erik O. Eriksen

11.15

Alexander Katsaitis & Andreas Eriksen
Accountability through mutual attunement: Parliamentary hearings & agency oversight in the European Union

Discussant: Martino Maggetti

Joana Mendes
After legality: constitutive powers of the EU executive in financial regulation and their constitutional implications

Discussant: Andreas Eriksen

13.45 Section 4

Chair: Andreas Eriksen

Christopher Lord
Money as power. Implications for ECB Independence and Epistocracy

Discussant: Martino Maggetti

Trym Nohr Fjørtoft
Frontex, expertise, and the refugee crisis

Discussant: Tobias Bach

Coordinator

Prof. Erik Oddvar Eriksen

Workshop: The legitimacy of depoliticized decision-making

Time and place: Nov. 16, 2017 10:00 AM – Nov. 17, 2017 4:00 PM, University of Oslo

How can depoliticized bodies be seen as legitimate and be held to account? How to avoid the arbitrary exercise of expert power? This opening workshop of the REFLEX project 16-17 November deals with the functioning, justification and democratic embedding of depoliticized decision-making.

About the workshop

An increasingly complex political agenda makes modern democracies more dependent on expert knowledge. This knowledge is needed in order to run bureaucracies and agencies and to underpin and qualify political decision-making. No government can make viable decisions without a knowledge of facts, causal connections and interconnections, as well as of risk estimates of possible negative effects of various measures. Such knowledge is also needed to explain and justify policies to the general public.

The necessity of founding decision-making systematically on knowledge and expertise leads to delegation and the proliferation of depoliticized bodies. These are ‘non-majoritarian institutions’ (NOMIS) with specialized authority, neither directly elected nor directly managed by elected officials. In the wake of the global financial crisis – that has hit the European Union particularly hard and has morphed into a major institutional and constitutional crisis – we have witnessed an upsurge in NOMIS.

While indispensable, the power of NOMIS generates a threat of illegitimate dominance. NOMIS enjoy large zones of discretion, and they inevitably deal with values and policy ends – as opposed to brute facts and means – when they handle controversial issues. Thus, there is a danger of citizens being subjected to the rule of experts in ways that are warranted neither by science nor by democracy.

The REFLEX project studies this crucial dilemma for modern democracies. The project asks: How can NOMIS be seen as legitimate and be held to account? How to avoid expert power being exercised arbitrarily?

This workshop deals with the functioning, justification and democratic embedding of depoliticized decision-making. It welcomes papers that deal either with the actual proliferation of NOMIS, like agencies and central banks, and their institutional and legal structure; with the ways in which such bodies can be held to account; or a combination of the two.

Programme

Thursday 16 November 2017 

10:00 
Welcome by Erik O. Eriksen, ARENA Centre for European Studies, University of Oslo 

10:15
Section 1: Depoliticization and Democratic Legitimacy
Chair: John Erik Fossum, ARENA Centre for European Studies,  University of Oslo 

Bounded Expertise: Identifying a Place for Expertise within PostNational Governance Michelle Everson, Birkbeck School of law, University of London Comments: Andreas Eriksen, ARENA Centre for European Studies,  University of Oslo 

The Means and Ends of Deliberative Democracy: Experts, Partisans, and Lay Citizens Jonathan Kuyper, Department of Political Science, University of Oslo Comments: Lars Chr. Blichner, Department of Administration and Organization Theory, University of Bergen 

13:00
Section 2: Expert Accountability and Governance Chair: Asimina Michailidou, ARENA Centre for European Studies,  University of Oslo

Making Transnational Markets: The Institutional Politics Behind the TTIP Marija Bartl, Centre for the Study of European Contract Law,  University of Amsterdam  Comments: Cathrine Holst, ARENA Centre for European Studies,  University of Oslo 

Shared Enforcement, but Separated Accountability Regimes in the EU  Mira Scholten, Utrecht Centre for Regulation and Enforcement in Europe, University of Utrecht Comments: John Erik Fossum, ARENA Centre for European Studies, University of Oslo 

Legitimizing the European Union’s Economic Governance Through Political Accountability? The European Parliament & Post-Crisis Deliberative Democracy Alexander Katsaitis, ARENA Centre for European Studies, University of Oslo  Comments: Guri Rosén, ARENA Centre for European Studies, University of Oslo 

Friday 17 November 2017 

09:00 
Section 3: The Authority of Expertize Chair: Alexander Katsaitis, ARENA Centre for European Studies,  University of Oslo 

What’s Wrong With Epistocracy? On the Use of Expertise in Democracy Anders Molander, Center for the Study of Professions, Oslo University College  Cathrine Holst, ARENA Centre for European Studies, University of Oslo Comments: Matthew Wood, Department of Politics, University of Sheffield

How Climate Scientists View the Expert Role: The Value-Free Ideal, Moral Responsibility, and Relevance Torbjørn Gundersen, Center for the Study of Professions, Oslo University College Comments: Kjartan Koch Mikalsen, Department of Philosophy and Religious Studies, Norwegian University of Science and Technology (NTNU)

Depoliticized Decision-Making and the Rule of the Many Erik O. Eriksen, ARENA Centre for European Studies, University of Oslo Comments: Jonathan Kuyper, Department of Political Science, University of Oslo 

13:00
Section 4: Engaging Experts in Politics Chair: Helene Sjursen, ARENA Centre for European Studies,  University of Oslo

Legitimate Agency Reasoning Andreas Eriksen, ARENA Centre for European Studies, University of Oslo Comments: Robert Huseby, Department for Political Science,  University of Oslo

Rethinking the Legitimacy and Authority of EU Depoliticised Bodies  Matthew Wood, Department of Politics, University of Sheffield Comments: Alexander Katsaitis, ARENA Centre for European Studies,  University of Oslo

Institutional Innovations of Coupling Experts, Civil Society and the Government in Processes of Policy Development Eva Krick, ARENA Centre for European Studies, University of Oslo Comments: Michelle Everson, Birkbeck School of law, University of London 

Publications

Erik O. Eriksen The Accountability of Expertise: Making the Un-Elected Safe for Democracy Routledge, 2021 ISBN: 9781032007601

Torbjørn Gundersen How Climate Scientists View the Expert Role ARENA Working Paper 2/2018 

Andreas Eriksen Legitimate Agency Reasoning ARENA Working Paper 1/2018 

 

 

Participants

Funding

Funded by The Research Council of Norway

REFLEX is jointly funded by the Research Council of Norway's FRIPRO Toppforsk (top research) scheme and the University of Oslo. Toppforsk funding is a new, targeted initiative for providing substantial, long-term funding to research groups that have the potential to become international leaders in their field.

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Published Sep. 9, 2025 2:43 PM - Last modified Sep. 9, 2025 2:43 PM