Asserted Rights; Rule Activation Strategies in Water User Rivalries in Belgium and Switzerland

Aubin, David

doi:10.1017/s0143814x0800086x

Cited by 10 publications

(9 citation statements)

References 27 publications

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“…Instead, by examining the implementation process, the cases here have given evidence of how differently EU rules are applied, or ''activated'' (Aubin 2008) to individual cases so to become effective and to produce particular desired effects. Instead, by examining the implementation process, the cases here have given evidence of how differently EU rules are applied, or ''activated'' (Aubin 2008) to individual cases so to become effective and to produce particular desired effects.…”

Section: Discussionmentioning

confidence: 99%

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

Quesada¹

2013

J. Pub. Pol.

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Failures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

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Section: Discussionmentioning

confidence: 99%

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

Quesada¹

2013

J. Pub. Pol.

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“…To defend their interests, policy actors, such as conservation NGOs, rely on rules stemming from the legal system (Aubin, 2008). Among these four strategies, strategies 2 and 4 are particularly important for understanding the approaches conservation NGOs use on a day-to-day basis.…”

Section: Property Rights Vs Public Policymentioning

confidence: 99%

The difficulty of integrating land trusts in land use planning

Gerber

2012

Landscape and Urban Planning

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“…On the other hand however, they do not influence outcomes mechanically but represent a system of potentialities for the involved actors (Lascoumes 1990). Public as well as social actors can very well activate rules strategically (Aubin 2008), as "weapons" (Bourdieu 1990, 91) to impose their worldviews. The concept of law activation refers to such strategic behaviors.…”

Section: Basic Assumptions and Broad Analytical Frameworkmentioning

confidence: 99%

Law Activation Strategies (LAS) in Environmental Policymaking: a Social Mechanism for Re‐politicization?

Schweizer¹

2015

European Policy Analysis

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Despite the exponential development of environmental policies, environmental problems persist and are constantly evolving. ere is, clearly, a distance between the abstraction of rules and the concreteness of action. Going beyond the depoliticization and institutional determinism that environmental policy analysis o en conveys, this article suggests that the analysis should be re-politicized in order to understand these gaps. Based on this reasoning, the concept of "law activation strategy" (LAS) is proposed as a social mechanism to analyze the complex interplay between legal rules, actors' behaviors, and environmental outcomes. Embedded within political games and asymmetric power relations, LAS cover the various positions that actors may take with regards to the rules that structure their action: concretization, passivity, diversion, circumvention, and innovation. e concept is integrated to a broader analytical framework and applied to an empirical case study related to aquatic ecosystem protection in Switzerland. By doing so, the paper demonstrates the explanatory power of LAS and its pertinence in providing a more political understanding of environmental policymaking.

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Asserted Rights; Rule Activation Strategies in Water User Rivalries in Belgium and Switzerland

Cited by 10 publications

References 27 publications

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

The difficulty of integrating land trusts in land use planning

Law Activation Strategies (LAS) in Environmental Policymaking: a Social Mechanism for Re‐politicization?

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