ABSTRACT

This chapter argues that the regulatory approach of the European Union (EU) Anti-Corruption Report is best described as reflexive governance. It considers the context of the Report and the emergence of new modes of governance in the EU. The chapter introduces the concept of reflexive governance and explains the transformation of new governance into reflexive governance in EU policymaking. It explains the growing use of reflexive forms of governance within the EU and shows examples of how reflexive governance occurs. The chapter discusses the theory of reflexive law that provides core insights into the regulatory nature of reflexive governance. It also discusses the application of the theory of reflexive governance to the Report and demonstrates that the concept of ‘regulation of self-regulation’ provides the key insight into the governance approach of the Report. Reflexive law theory adds important elements to the theory of reflexive governance, in accordance with social systems theory.