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Symmetry in the Delegation of Power as a Legitimacy Criterion

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  • Trym Nohr Fjørtoft
  • Hallvard Sandven

Abstract

The EU's power is expanding, calling for reassessments of its normative legitimacy. This article proposes a novel criterion for assessing the EU's legitimacy: symmetry in the delegation of power. We illustrate the usefulness of this criterion through an analysis of the European border regime. Existing analyses of the border regime have tended to dismiss it as weak and intergovernmental. We show, to the contrary, that it is both strong and weak. The EU wields significant power in border control but lacks power altogether in immigration policy. This asymmetry has rendered the EU incapable of discharging the moral responsibilities that arise in migration control, posing a novel legitimacy challenge. Finally, we argue that the symmetry criterion generalizes and can shed light on the EU's legitimacy beyond the area of migration.

Suggested Citation

  • Trym Nohr Fjørtoft & Hallvard Sandven, 2023. "Symmetry in the Delegation of Power as a Legitimacy Criterion," Journal of Common Market Studies, Wiley Blackwell, vol. 61(4), pages 900-916, July.
    • Handle: RePEc:bla:jcmkts:v:61:y:2023:i:4:p:900-916
    DOI: 10.1111/jcms.13429
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    References listed on IDEAS

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    1. Jack S. Levy, 2008. "Case Studies: Types, Designs, and Logics of Inference," Conflict Management and Peace Science, Peace Science Society (International), vol. 25(1), pages 1-18, February.
    2. Verdun, Amy, 1998. "The Institutional Design of EMU: A Democratic Deficit?," Journal of Public Policy, Cambridge University Press, vol. 18(2), pages 107-132, May.
    3. Ariadna Ripoll Servent, 2018. "A New Form of Delegation in EU Asylum: Agencies as Proxies of Strong Regulators," Journal of Common Market Studies, Wiley Blackwell, vol. 56(1), pages 83-100, January.
    4. Philipp Genschel & Markus Jachtenfuchs, 2018. "From Market Integration to Core State Powers: The Eurozone Crisis, the Refugee Crisis and Integration Theory," Journal of Common Market Studies, Wiley Blackwell, vol. 56(1), pages 178-196, January.
    5. Schmid, Lukas, 2022. "Saving Migrants’ Basic Human Rights from Sovereign Rule," American Political Science Review, Cambridge University Press, vol. 116(3), pages 954-967, August.
    6. Sandra Lavenex, 2018. "‘Failing Forward’ Towards Which Europe? Organized Hypocrisy in the Common European Asylum System," Journal of Common Market Studies, Wiley Blackwell, vol. 56(5), pages 1195-1212, July.
    7. Andrew W. Neal, 2009. "Securitization and Risk at the EU Border: The Origins of FRONTEX," Journal of Common Market Studies, Wiley Blackwell, vol. 47(2), pages 333-356, March.
    8. Grant, Ruth W. & Keohane, Robert O., 2005. "Accountability and Abuses of Power in World Politics," American Political Science Review, Cambridge University Press, vol. 99(1), pages 29-43, February.
    9. Nina Perkowski, 2019. "‘There Are Voices in Every Direction’: Organizational Decoupling in Frontex," Journal of Common Market Studies, Wiley Blackwell, vol. 57(5), pages 1182-1199, September.
    10. repec:bla:jcmkts:v:47:y:2009:i::p:333-356 is not listed on IDEAS
    11. Arne Niemann & Johanna Speyer, 2018. "A Neofunctionalist Perspective on the ‘European Refugee Crisis’: The Case of the European Border and Coast Guard," Journal of Common Market Studies, Wiley Blackwell, vol. 56(1), pages 23-43, January.
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