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Improving Democratic International Tax Governance: On the Power of Citizens, Transparency and Independent Watchdogs

from PART III - International taxation: in search of democratic legitimacy

Published online by Cambridge University Press:  21 September 2018

Cees Peters
Affiliation:
Assistant Professor, Tilburg University
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Summary

ABSTRACT

Vigilant NGOs and a host of publications in the international media have catalysed the current transformation of international tax law. Initiatives such as country-by-country reporting and the exchange of tax rulings are currently changing the landscape of international taxation. This chapter analyses these developments on the basis of the work of philosopher Pierre Rosanvallon. His concept of counter-democracy is useful to understand the legitimacy problems of international tax law and his views on this subject-matter stimulate a critical analysis of the transparency initiatives of the OECD and the European Union (EU). Do these initiatives contribute to the democratic legitimacy of international tax law? Finally, a plea is made for an independent watchdog agency that is able to oversee the undesirable consequences of tax competition. It is argued that such an oversight institution would contribute to the democratic legitimacy of international taxation.

INTRODUCTION

The taxation of multinational companies is a topic that continues to cause cynicism in parts of society. The media attention in response to the ‘ Lux Leaks ‘ is a good example of this continuing lack of trust. Politicians are taking concerted action to improve the international tax system with the Base Erosion and Profit Shifting project. This project is being welcomed for its efforts to make real changes, but at the same time critics take the view that the decision-making processes of current international tax governance are lacking democratic legitimacy. There is therefore a strong need to rethink these decision-making processes of democratic international tax governance. The implementation of such changes will, however, certainly take considerable time and political courage. The purpose of this chapter is to focus on alternative – and possibly complementary – ways to improve the legitimacy of international tax law. In what way can we improve democratic international tax governance in the absence of more democratic (supranational or international) decision-making processes? In this way, this chapter constitutes a new element of my efforts to improve democratic international tax governance.

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Publisher: Intersentia
Print publication year: 2017

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