Beyond Compliance: The Europeanization of Member States through Negative Integration and Legal Uncertainty

Schmidt, Susanne K.

doi:10.1080/13876980802231016

Cited by 49 publications

(51 citation statements)

References 22 publications

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“…It captures how transposition results in tailor-made solutions in a multi-level system (Schmidt 2008). Despite an apparent 'no gold-plating policy' in the EU (Jans et al 2009) and the previously stated rareness of the phenomenon (Morris 2011;Voermans 2009), results illustrate the considerable styles through which EU veterinary drugs directives are customized to fit domestic contexts.…”

Section: Discussionmentioning

confidence: 92%

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Customizing Europe: transposition as bottom-up implementation

Thomann¹

2015

Journal of European Public Policy

122

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European Union (EU) implementation research has neglected situations when member states go beyond the minimum requirements prescribed in EU directives (goldplating). The top-down focus on compliance insufficiently accounts for the fact that positive integration actually allows member states to transcend the EU's requirements to facilitate context-sensitive problem-solving. This study adopts a bottom-up implementation perspective. Moving beyond compliance, it introduces the concept of 'customization' to depict how transposition results in tailor-made solutions in a multi-level system. The study analyzes the hitherto unexplored veterinary drug regulations of four member states. Using fuzzy-set Qualitative Comparative Analysis and formal theory evaluation, this paper assesses how policy and country-level factors interact. Results reveal the countries' different customization styles. The latter simultaneously reflect the interplay of domestic politics with institutions, and the 'fit' of EU regulatory modes with domestic, sectoral interventionist styles. Compliance approaches cannot fully explain these fine-grained patterns of Europeanization.

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Section: Discussionmentioning

confidence: 92%

“…This study moves beyond compliance (Schmidt 2008) and asks: how and why do fully compliant countries 'customize' EU directives? As the focus is on customization, this is hence not a compliance study.…”

Section: Introductionmentioning

confidence: 99%

Customizing Europe: transposition as bottom-up implementation

Thomann¹

2015

Journal of European Public Policy

122

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“…The underlying political rationale in these instances, then, is that 'it is better to define than to be defined' (Martinsen 2005(Martinsen : 1049. National administrations are particularly averse to the legal uncertainty of ECJ case law (Schmidt 2008). When the costs of legal uncertainty get too high, therefore, 'pro-activism' (Martinsen 2005(Martinsen : 1049 or 'anticipatory obedience' (Blauberger 2014) become the more likely political outcomes.…”

Section: False Expectations Vs Real Impactmentioning

confidence: 99%

The European Court of Justice and its political impact

Blauberger

Schmidt

2017

West European Politics

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“…Michael Blauberger (2014) has called this mechanism "anticipatory obedience": governments that do not comply with ECJ rulings are vulnerable to additional legal proceedings initiated by domestic actors who have an interest in reforms in line with the Court's doctrines. To avoid such additional case law, governments sometimes decide to obey with ECJ case law even though legally speaking they might have also gotten away with remaining passive (see also Schmidt 2008;Obermaier 2008Obermaier , 2009.…”

Section: The Fourth Wave: Overcoming the Focus On Positive Integratiomentioning

confidence: 99%

Implementing and complying with EU governance outputs

Treib¹

2014

Living Rev. Euro. Gov.

176

202

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This essay takes stock of the literature on how European Union policies are being put into practice by the member states. It first provides an overview of the historical evolution of the field. After a relatively late start in the mid-1980s, the field has meanwhile developed into one of the growth industries within EU research. The paper identifies four waves of EU implementation scholarship, each with its own theoretical, empirical and methodological focus. In the second part, the review discusses the most important theoretical, empirical and methodological lessons to be drawn from existing studies. Four conclusions emanate from the analysis of existing EU implementation research. First, the literature has focused heavily on the transposition of EU directives, while comparatively little is known about issues of enforcement and application of both directives and regulations or about member states' reactions to negative integration. Second, scholars studying the transposition of directives seem to agree that we need to address factors that influence member states' willingness and capacities to comply. The main task to be accomplished by future research is to establish under what conditions which configurations of factors prevail, especially with regard to sectoral differences. Third, more energy needs to be devoted to systematic research on the phase of practical implementation, and this research should make more use of theoretical insights from domestic implementation research as well as from management and enforcement approaches. Fourth, quantitative transposition research will have to improve the data it uses to measure the dependent variable. Scholars should explore better data sources and invest more energy in collecting their own data on transposition timing and correctness. Research on application and enforcement, on the other hand, needs to go beyond case studies and instead search for or produce data with which the practical phase of implementation can be analysed on a broader, more comparative scale.

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Beyond Compliance: The Europeanization of Member States through Negative Integration and Legal Uncertainty

Cited by 49 publications

References 22 publications

Customizing Europe: transposition as bottom-up implementation

Customizing Europe: transposition as bottom-up implementation

The European Court of Justice and its political impact

Implementing and complying with EU governance outputs

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