When Do They Speak? Deliberation and Democratic Decision-Making in the European Union

In this article, I argue that the experimentalist model of democracy can contribute to contemporary disputes about deliberation at the supranational level. The fundamental idea is that, in conditions of disagreement, for a decision to be legitimate, deliberative decision-making processes must be structured so as to allow the inclusion of affected interests before and after voting. I argue that there are three ways for a decision to be illegitimate: exclusion of affected interests from all deliberative phases, Captain Hook politics and garbage-time politics. Captain Hook politics and garbage-time politics illuminate an important variable: in a deliberative process, some interests may enter deliberation too early, other interests too late. However, for a decision to be legitimate, it is not only important that all affected interests can have an influence on collectively binding decisions, but it is also important what moment in time such interests play a part in the deliberative process.