Advanced Search
MyIDEAS: Login to save this paper or follow this series

Why do EU Member States Offer a 'Constitutional' Obedience to EU Obligations? Encompassing Domestic Institutions and Costly International Obligations

Contents:

Author Info

  • William Phelan
Registered author(s):

    Abstract

    The member states of the European Union obey the obligations of the European treaties in a manner resembling states or provinces under a federal constitution. Existing explanations for this extraordinary obedience to international law should be rejected because they assume, incorrectly, that national legislatures cannot unilaterally legislate contrary to European Community law, or contain unexplained assumptions that relevant public goods will be reliably provided. This paper proposes a new explanation: the EU member states obey the European ‘constitution’ because domestic political institutions in the EU member states are ‘encompassing’: centralised and orientated towards large constituencies that benefit from the provision of public goods. The paper therefore offers a new answer to a long standing puzzle about the European Union as well as applying concepts from collective action theory to explaining the effectiveness of a prominent international regime.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.tcd.ie/iiis/documents/discussion/pdfs/iiisdp256.pdf
    Download Restriction: no

    Bibliographic Info

    Paper provided by IIIS in its series The Institute for International Integration Studies Discussion Paper Series with number iiisdp256.

    as in new window
    Length:
    Date of creation: 26 Jun 2008
    Date of revision:
    Handle: RePEc:iis:dispap:iiisdp256

    Note: Length:
    Contact details of provider:
    Postal: 01
    Phone: 00 353 1 896 3888
    Fax: 00 353 1 896 3939
    Web page: http://www.tcd.ie/iiis/
    More information through EDIRC

    Related research

    Keywords:

    References

    References listed on IDEAS
    Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
    as in new window
    1. Alter, Karen J., 1998. "Who Are the “Masters of the Treaty”?: European Governments and the European Court of Justice," International Organization, Cambridge University Press, vol. 52(01), pages 121-147, December.
    2. Burley, Anne-Marie & Mattli, Walter, 1993. "Europe Before the Court: A Political Theory of Legal Integration," International Organization, Cambridge University Press, vol. 47(01), pages 41-76, December.
    3. J.H.H. Weiler, 1993. "Journey to an Unknown Destination: A Retrospective and Prospective of the European Court of Justice in the Arena of Political Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 31(4), pages 417-446, December.
    4. William Phelan, 2008. "Open International Markets without Exclusion: Encompassing Domestic Institutions, Excludable Goods, and International Public Goods," The Institute for International Integration Studies Discussion Paper Series iiisdp245, IIIS.
    5. Stein, Arthur A., 1982. "Coordination and collaboration: regimes in an anarchic world," International Organization, Cambridge University Press, vol. 36(02), pages 299-324, March.
    6. Moravcsik, Andrew, 1997. "Taking Preferences Seriously: A Liberal Theory of International Politics," International Organization, Cambridge University Press, vol. 51(04), pages 513-553, September.
    7. John Driffill, 2006. "The Centralization of Wage Bargaining Revisited: What Have we Learnt?," Journal of Common Market Studies, Wiley Blackwell, vol. 44, pages 731-756, November.
    8. Martin, Lisa L., 1992. "Interests, power, and multilateralism," International Organization, Cambridge University Press, vol. 46(04), pages 765-792, September.
    9. Downs, George W. & Rocke, David M. & Barsoom, Peter N., 1996. "Is the good news about compliance good news about cooperation?," International Organization, Cambridge University Press, vol. 50(03), pages 379-406, June.
    10. Tallberg, Jonas, 2002. "Paths to Compliance: Enforcement, Management, and the European Union," International Organization, Cambridge University Press, vol. 56(03), pages 609-643, June.
    11. Mattli, Walter & Slaughter, Anne-Marie, 1998. "Revisiting the European Court of Justice," International Organization, Cambridge University Press, vol. 52(01), pages 177-209, December.
    Full references (including those not matched with items on IDEAS)

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:iis:dispap:iiisdp256. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Colette Keleher).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.