Legitimacy and Accountability of Independent Regulatory Agencies: A Critical Review

This article reviews the literature that deals with the problem of legitimizing regulatory governance, with a special attention to the question of the accountability of independent regulatory agencies. The discussion begins with the presentation of the traditional arguments concerning the democratic deficit of the regulatory state. The positive evaluation of regulatory performance by citizens is presented as an alternative source of legitimacy. It follows the discussion of the existing approaches to make agencies accountable, so as to ensure the procedural legitimacy of regulatory governance. Some insights concerning new forms of accountability are offered in the last section, namely with reference to the establishment and ongoing consolidation of formal and informal networks of regulators.