The Cap on the Gap : Reflexive Governance vs. Democratic Deficit

As a forerunner to current efforts in governance research, the project ‘Reflexive Governance in the Public Interest' (hereinafter: REFGOV) was initiated within the 6th European Framework Program. This article was conceived, in part, having studied the conclusions drawn by this project and aims to highlight important challenge facing fundamental rights protection policies in the EU member states that is relevant to newly emerging reflexive governance mechanisms applied in present solutions of conflict-resolution and administrative proceedings. In light of a possible common fundamental rights policy in the EU as a result of reflexive governance, the article will describe the transformation of control societies into surveillance societies, the paradigm that asserts that distrust in government in surveillance societies is the force that formulates new methods of governance, and the importance, aims and prerequisites of reflexive governance in the ensuing changes. Through the analysis and presentation of the foundations of reflexive governance, the article will touch upon electronic governance and electronic democracy as the new way of existing in an 'Information Society for all' and draw up a theoretical basis centered upon the assertion that the EU and member state fundamental right protection policies are effective means to cover the ever widening gap between the government and those governed that is a result of democratic deficit. As a conclusion I theorize that properly safeguarded and regulated core fundamental rights like privacy, data protection and freedom of information can serve as an engine to boost political participation in political cultures struck by the 'feeling' of democratic deficit