Conclusions

The conclusions reflect on the level of reflexivity present in the interplay between the different actors, the value of reflexive governance for the effective enforcement and promotion of equality and non-discrimination law, and the role it can play in preventing backsliding and creating resilience. Different actors have internalized to different degrees the various elements of reflexivity. Some of these elements could not unfold their full potential as their use has only been half-hearted (like the use of benchmarks without the simultaneous use of indicators in monitoring) or processes have been interrupted halfway (like not pursuing monitoring after accession). The conclusions advocate for a shift from an intergovernmental approach to a triangular constellation of equal partnership involving state authorities, EU institutions, and transnational/national societal actors. It underlines the importance of the empowerment and equal participation of local stakeholders. This enhances mutual social learning in the processes of socialization and internalization, and contributes to the prevention of backsliding. They further plead for understanding monitoring as dynamic norm contestation in which the three actors involved critically engage with the norms under consideration. As such, it helps to deconstruct own preference-formations and is a possibility to learn from successes and failures in a cooperative and recursive process. Monitoring understood in this way needs to be permanent and should not only take place in the pre-accession phase but should include all Member States. It concludes that reflexive governance is an approach which well reflects all the above proposed shifts of focus and of understanding.