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Implementing and complying with EU governance outputs

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  • Treib, Oliver

Abstract

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. Full online version available at http://www.livingreviews.org/lreg-2014-1

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  • Treib, Oliver, . "Implementing and complying with EU governance outputs," Living Reviews in European Governance (LREG), Institute for European integration research (EIF).
  • Handle: RePEc:erp:lregxx:p0024
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    Cited by:

    1. Olivier Borraz & Anne‐Laure Beaussier & Mara Wesseling & David Demeritt & Henry Rothstein & Marijke Hermans & Michael Huber & Regine Paul, 2022. "Why regulators assess risk differently: Regulatory style, business organization, and the varied practice of risk‐based food safety inspections across the EU," Regulation & Governance, John Wiley & Sons, vol. 16(1), pages 274-292, January.
    2. Stijn van Voorst & Ellen Mastenbroek, 2017. "Enforcement tool or strategic instrument? The initiation of ex-post legislative evaluations by the European Commission," European Union Politics, , vol. 18(4), pages 640-657, December.
    3. Anita Heindlmaier, 2020. "‘Social Citizenship’ at the Street Level? EU Member State Administrations Setting a Firewall," Journal of Common Market Studies, Wiley Blackwell, vol. 58(5), pages 1252-1269, September.
    4. Nora Dörrenbächer & Ellen Mastenbroek, 2019. "Passing the buck? Analyzing the delegation of discretion after transposition of European Union law," Regulation & Governance, John Wiley & Sons, vol. 13(1), pages 70-85, March.
    5. Juna Toska & Renate Reiter & Annette Elisabeth Töller, 2022. "When European Policies Meet German Federalism: A Study on the Implementation of the EU Reception Conditions Directive," Social Inclusion, Cogitatio Press, vol. 10(3), pages 26-35.
    6. Michael Krug & Maria Rosaria Di Nucci & Lucas Schwarz & Irene Alonso & Isabel Azevedo & Massimo Bastiani & Anna Dyląg & Erik Laes & Arthur Hinsch & Gaidis Klāvs & Ivars Kudreņickis & Pouyan Maleki & G, 2023. "Implementing European Union Provisions and Enabling Frameworks for Renewable Energy Communities in Nine Countries: Progress, Delays, and Gaps," Sustainability, MDPI, vol. 15(11), pages 1-29, May.
    7. Camilla Mariotto, 2022. "The Implementation of Economic Rules: From the Stability and Growth Pact to the European Semester," Journal of Common Market Studies, Wiley Blackwell, vol. 60(1), pages 40-57, January.
    8. Pierre Georges Van Wolleghem, 2017. "Why Implement without a Tangible Threat? The Effect of a Soft Instrument on National Migrant Integration Policies," Journal of Common Market Studies, Wiley Blackwell, vol. 55(5), pages 1127-1143, September.
    9. Brigitte Pircher & Karl Loxbo, 2020. "Compliance with EU Law in Times of Disintegration: Exploring Changes in Transposition and Enforcement in the EU Member States between 1997 and 2016," Journal of Common Market Studies, Wiley Blackwell, vol. 58(5), pages 1270-1287, September.
    10. Diesenreiter, Carina & Österle, August, 2021. "Patients as EU citizens? The implementation and corporatist stakeholders’ perceptions of the EU cross-border health care directive in Austria," Health Policy, Elsevier, vol. 125(11), pages 1498-1505.
    11. Jana Paasch, 2022. "Revisiting Policy Preferences and Capacities in the EU: Multi‐level policy implementation in the subnational authorities," Journal of Common Market Studies, Wiley Blackwell, vol. 60(3), pages 783-800, May.
    12. Marc-Olivier Déplaude, 2023. "Diluting the law: Time and the production of compliance with European environmental standards," Review of Agricultural, Food and Environmental Studies, Springer, vol. 104(2), pages 193-216, June.
    13. Morten Egeberg & Jarle Trondal, 2017. "Researching European Union Agencies: What Have We Learnt (and Where Do We Go from Here)?," Journal of Common Market Studies, Wiley Blackwell, vol. 55(4), pages 675-690, July.
    14. Jan R. Starke & Helena F. M. W. Van Rijswick, 2021. "Exemptions of the EU Water Framework Directive Deterioration Ban: Comparing Implementation Approaches in Lower Saxony and The Netherlands," Sustainability, MDPI, vol. 13(2), pages 1-22, January.
    15. Martin Stangborli Time & Frode Veggeland, 2020. "Adapting to a Global Health Challenge: Managing Antimicrobial Resistance in the Nordics," Politics and Governance, Cogitatio Press, vol. 8(4), pages 384-395.
    16. Moritz Weiss & Michael Blauberger, 2016. "Judicialized Law-Making and Opportunistic Enforcement: Explaining the EU's Challenge of National Defence Offsets," Journal of Common Market Studies, Wiley Blackwell, vol. 54(2), pages 444-462, March.
    17. Ekaterina Domorenok & Andrea Prontera, 2021. "Governing by Enabling in Multilevel Systems: Capacity Building and Local Climate Action in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 59(6), pages 1475-1494, November.
    18. Michael Blauberger & Susanne K. Schmidt, 2023. "Negative Integration Is What States Make of It? Tackling Labour Exploitation in the German Meat Sector," Journal of Common Market Studies, Wiley Blackwell, vol. 61(4), pages 917-934, July.
    19. Lucia Rossel & Brigitte Unger & Joras Ferwerda, 2022. "Shedding light inside the black box of implementation: Tax crimes as a predicate crime for money laundering," Regulation & Governance, John Wiley & Sons, vol. 16(3), pages 781-800, July.
    20. Brigitte Pircher, 2023. "Compliance with EU Law from 1989 to 2018: The Commission's Shift from a Normative to a Regulative Approach," Journal of Common Market Studies, Wiley Blackwell, vol. 61(3), pages 763-780, May.
    21. Martin Stangborli Time & Frode Veggeland, 2020. "Adapting to a Global Health Challenge: Managing Antimicrobial Resistance in the Nordics," Politics and Governance, Cogitatio Press, vol. 8(4), pages 53-64.
    22. Filip Aggestam & Helga Pülzl, 2020. "Downloading Europe: A Regional Comparison in the Uptake of the EU Forest Action Plan," Sustainability, MDPI, vol. 12(10), pages 1-15, May.

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