Europe at the frontline: analysing street-level motivations for the use of European Union migration law

Dörrenbächer, Nora

doi:10.4324/9781351118620-5

Cited by 13 publications

(17 citation statements)

References 23 publications

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“…Some researchers have looked at the substance, scope, and effort in analysing implementation performance with a case study in the field of environmental policy (Bondarouk & Mastenbroek, 2018). Others have focused on the role of street-level bureaucrats in implementation with a bottom-up approach preferred to a top-down one as suggested by compliance studies (Dörrenbächer, 2017;Sampson Thierry & Sindbjerg Martinsen, 2018;Schmälter, 2019). Several areas pertaining to the internal market have been discussed.…”

Section: What Do We Know About Uneven Implementation?mentioning

confidence: 99%

United in Diversity? A Study on the Implementation of Sanctions in the European Union

Giumelli

Geelhoed

Vries

et al. 2022

PaG

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The implementation of European Union (EU) policies has been investigated for several policy areas, but Decisions made under the Common Foreign and Security Policy (CFSP) have rarely been considered. While many CFSP measures are applicable throughout the EU without the need for further action on the domestic level, some Decisions must be implemented by Council Regulations. These Council Regulations adopted with the intent to implement CFSP Decisions have qualities of Directives, which delegate implementing tasks to member states and require transposition. The aim of this article is to investigate whether restrictive measures imposed by the EU are uniformly implemented across the member states, and, if not, to what extent implementation performance varies. We observe significant differences in implementation performance across member states. The findings of this article are twofold. First, we claim that implementation and compliance studies should involve CFSP decisions more systematically. Second, empirical confirmation is provided of how uneven transposition and application occurs also in CFSP matters. This study is based on empirical work that consisted of desk research and semi-structured interviews with national competent authorities of 21 EU member states taking place between March 2020 and January 2021.

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Section: What Do We Know About Uneven Implementation?mentioning

confidence: 99%

United in Diversity? A Study on the Implementation of Sanctions in the European Union

Giumelli

Geelhoed

Vries

et al. 2022

PaG

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“…Ellermann's (2015) and Gravelle et al's (2013) findings on German deportation policy problematised the tensions between national legislative mandates and local implementation pressure to explain the apparently arbitrary implementation processes. Infantino (2016) in the case of Belgium, and Dörrenbächer (2017) in the Netherlands, also considered the role of the European framework, which commonly serves as a decision-making guideline when national legislation remains ambiguous.…”

Section: Understanding the Street-level Implementation Of Social And Immigration Policiesmentioning

confidence: 99%

Conceptualising the Role of Deservingness in Migrants’ Access to Social Services

Ratzmann¹,

Sahraoui²

2021

Social Policy and Society

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This ‘state-of-the art’ article on the role of deservingness in governing migrants’ access to social services situates our themed section’s contribution to the literature at the intersection between the study of street-level bureaucracy and practices of internal bordering through social policy. Considering the increasing relevance of migration control post-entry, we review the considerations that guide the local delivery of social services. Among others, moral ideas about a claimant’s worthiness to receive social benefits and services guide policy implementation. But while ideas of deservingness help to understand how perceptions of migrants’ claiming play out in practice, we observe limited use of the concept in street-level bureaucracy research. Drawing on theorisations from welfare attitudinal research, we demonstrate the salience of deservingness attitudes in understanding the dynamics of local social service delivery to migrant clients.

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“…Apart from a great variety of country-level factors accounting for differentiated Europeanization (Treib, 2014), EU implementation scholars recently started to explore how ambiguity affects the application of European law at the individual level of frontline bureaucrats. Drawing on insights from social psychology, Dörrenbacher finds that in contexts of high legal ambiguity, street-level bureaucrats' individual motivation influences their use of EU law (Dörrenbächer, 2017). As a result, the extent to which the frontline bureaucracy relies on EU law varies and produces different administrative decisions.…”

Section: Street-level Implementation and Judicial Impactmentioning

confidence: 99%

Implementing European case law at the bureaucratic frontline: How domestic signalling influences the outcomes of EU law

Martinsen

Blauberger

Heindlmaier

et al. 2019

Public Administration

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This article analyses the implementation of European case law at the bureaucratic frontline of European Member States. Theoretically, insights from street-level implementation studies are combined with judicial impact research. Empirically, we compare how EU rules on free movement and cross-border welfare are applied in practice in Denmark, Austria and France. We find that when applying EU rules in practice, street-level bureaucrats are confronted with a world of legal complexity, consisting of ambiguous rules, underspecified concepts and a recent judicial turn by the Court of Justice of the European Union (CJEU). In order to manage complexity, street-level bureaucrats turn to their more immediate superiors for guidance. As a consequence, domestic signals shape the practical application of EU law. Despite bureaucratic discretion and many country differences, domestic signals create uniform, restrictive outcomes of EU law in all three cases We, thus, show that there is considerable room for politicscommunicated by means of domestic signalling-in the EU implementation processes.

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Europe at the frontline: analysing street-level motivations for the use of European Union migration law

Cited by 13 publications

References 23 publications

United in Diversity? A Study on the Implementation of Sanctions in the European Union

United in Diversity? A Study on the Implementation of Sanctions in the European Union

Conceptualising the Role of Deservingness in Migrants’ Access to Social Services

Implementing European case law at the bureaucratic frontline: How domestic signalling influences the outcomes of EU law

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