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Compliance with EU Social Policies in Old and New Member States: Different Worlds, Different Remedies

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  • Gerda Falkner

Abstract

Going beyond the traditional compliance debate that is still ongoing in various journals and geared towards a specialized political science sub-community, this paper focuses on the wider social reform issues arising from the finding that there are serious compliance problems almost everywhere in the EU, particularly when enforcement and application of the standards are considered and not only formal transposition into domestic law. This article presents in brief the findings from two large-scale research projects on (non-)compliance with EU law in two sub-fields of social policy, working time and equal treatment policies. Two teams of co-authors studied the "old" EU15 plus later four countries from Central and Eastern Europe: the Czech Republic, Hungary, Slovakia and Slovenia. Four "worlds of compliance" were discussed on the basis of our findings from the 102 overall qualitative case studies. Searching for ways to improve the state of social affairs, it seems useful to build on these differential procedural modes of implementation and to draw up tailor-made recommendations of potential use for those fighting compliance problems, such as the European Commission.

Suggested Citation

  • Gerda Falkner, 2010. "Compliance with EU Social Policies in Old and New Member States: Different Worlds, Different Remedies," Working Papers of the Vienna Institute for European integration research (EIF) 6, Institute for European integration research (EIF).
    • Handle: RePEc:erp:eifxxx:p0014
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    References listed on IDEAS

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    1. Miriam Hartlapp & Gerda Falkner, 2009. "Problems of Operationalization and Data in EU Compliance Research," European Union Politics, , vol. 10(2), pages 281-304, June.
    2. Gerda Falkner & Oliver Treib, 2008. "Three Worlds of Compliance or Four? The EU‐15 Compared to New Member States," Journal of Common Market Studies, Wiley Blackwell, vol. 46(2), pages 293-313, March.
    3. Dimiter Toshkov, 2010. "Taking stock: a review of quantitative studies of transposition and implementation of EU law," Working Papers of the Vienna Institute for European integration research (EIF) 1, Institute for European integration research (EIF).
    4. Martin Heidenreich & Gabriele Bischoff, 2008. "The Open Method of Co‐ordination: A Way to the Europeanization of Social and Employment Policies?," Journal of Common Market Studies, Wiley Blackwell, vol. 46(3), pages 497-532, June.
    5. Mary Daly, 2006. "EU Social Policy after Lisbon," Journal of Common Market Studies, Wiley Blackwell, vol. 44(3), pages 461-481, September.
    6. Martin Heidenreich & Gabriele Bischoff, 2008. "The Open Method of Co-ordination: A Way to the Europeanization of Social and Employment Policies?," Journal of Common Market Studies, Wiley Blackwell, vol. 46, pages 497-532, June.
    7. Mary Daly, 2006. "EU Social Policy after Lisbon," Journal of Common Market Studies, Wiley Blackwell, vol. 44, pages 461-481, September.
    8. Braams, Beate, 2007. "Equal Opportunities between Men and Women and Gender Mainstreaming under the European Employment Strategy (EES) and the Open Method of Coordination (OMC) – A New Policy Approach to Combat Gender Discr," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 11, December.
    9. Gerda Falkner & Oliver Treib, 2008. "Three Worlds of Compliance or Four? The EU-15 Compared to New Member States," Journal of Common Market Studies, Wiley Blackwell, vol. 46, pages 293-313, March.
    10. Treib, Oliver, . "Implementing and complying with EU governance outputs," Living Reviews in European Governance (LREG), Institute for European integration research (EIF).
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    Keywords

    social policy; implementation; directives; political science; non-discrimination; Czech Republic; Hungary; Slovakia; Slovenia;
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