Policymaking and Public Law in France: Public Participation, Agency Independence, and Impact Assessment

Abstract

Policymaking in government ministries and agencies is the inevitable result of the complex and technical nature of modern policy issues. This reality creates a puzzle: How can policymaking inside the executive remain true to democratic values? We confront this question through an analysis of modern pressures on French public law. We ask if the US. approach, which we call "rulemaking accountability," has any lessons for French reformers. The primary aim of this type of accountability is facilitating public input to assure that democratic values extend into administrative policymaking. In France, the public administration traditionally has been understood, not as a threat to democracy, but as an instrument for achieving republican ideals.