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The steady introduction of new modes of governance in contemporary policy- making has gathered

pace in over the past two decades. Codes of conduct, voluntary agreements, public-private
partnerships, social dialogues and benchmarks are all types some of the policy instruments that are
being increasingly used in national, EU and international policy contexts, and the combination of
which these instruments is shaping shapes new modes of governance. Taken togetherAs a whole,
the new modes are typically more participatory, flexible, open-ended and, voluntary, and make use
of different incentive structures compared than to conventional regulatory or distributive modes and
use different incentive structures. The new modes are generally designed as intended to be either an
alternative to or a complement to conventional modes or as a complement to those. Their special
features are behind have led to the a gradual transition from ‘government’ to ‘governance’ (Pierre
and Peters, 2000), which can be seen regarded as an expansion of collaborative forms of state-
society interactions. These new modes of governance are typically created on a pragmatic basis, the
new modes of governance and are far from being politically neutral. Their design and content entail
involve an authoritative allocation of values and norms (Borrás and Conzelmann, 2007), and
organisze specific forms of social control (Lascoumes and Le Gales, 2007).

When it comes to issues of legitimacy, Tthere is an important distinction between the new modes of
governance have an important difference with and the ‘old’ modes when it comes to issues of
legitimacy. For the most part, tThe new modes are, generally, not based on policy tools that are
decided or designed through conventional decision-making processes. In fact, their collaborative
and participatory nature typically usually circumvents virtually all forms of legislative and
budgetary parliamentary processes (legislative and budgetary). For that reason, more than
conventional modes of governance, tThe new modes are therefore subject to crucial questions
regarding democracy and legitimacy to a greater degree than conventional modes of governance.
ThereforeAs a result, the extent to which the new modes of governance are legitimate has become
one of the most pressing empirical questions issues in contemporary political studies.

In the context of the European Union, there are two reasons why the legitimacy of the new modes
of governance is particularly relevant for two reasons. Firstly, the new modes of governance were
envisaged as a means with which to improve for improving the problem-solving capacity at the
European Union level in situations where member states keep retain most of their powers. The
‘soft’ nature of the new modes of governance allows the EU to develop specific forms of collective

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action without any further transferring of any more formal national sovereignty to Brussels. Hence,
tThese new modes of governance permit the EU to address the so-called ‘paradox of a popular
Europe’. That is, the paradox between the high expectations and responsibilities popularly assigned
to it (popular expectations for example about regarding, for example, reducing unemployment), and
the unwillingness to expand the formal legislative and budgetary competences to the EU in order to
fulfil these expectations (Miles, 2004). Secondly, the new modes of governance have been designed
to with the aim of addressing complex and long-standing policy problems with a new, more
collaborative approach. This has been based on the double understanding that this such a
collaborative approach would unlock some of the conundrums of solve some of the complex
problems across the EU, and would bring the European Union closer to its citizens. Both rationales
about the new modes of governance lie at the core of the legitimacy of the entire European Union as
a political system, which is trapped as it is in the paradox of a popular Europe and eager to get
connect with closer to its citizens by addressing the problems that concern them.