IDEAS home Printed from https://ideas.repec.org/a/bla/jcmkts/v59y2021i2p278-296.html
   My bibliography  Save this article

Legal Instrument Choice in the European Union

Author

Listed:
  • Steffen Hurka
  • Yves Steinebach

Abstract

Regulations and directives are the central legal instruments used by the EU. In some instances, the Commission is not legally required to choose a specific legal instrument, but can make this decision autonomously. However, we know surprisingly little about the factors that influence this decision. Based on an original dataset of all directives and regulations proposed by the European Commission in ordinary legislative procedures between 2009 and 2018, we find that the choice of a legal instrument is strongly determined by prior policy decisions and varies systematically across policy areas depending on the extent to which they have traditionally been addressed under the co‐decision procedure. In addition, we find that the Commission's use of regulations increases under conditions of increased euroscepticism, indicating that instead of granting dissenting member states more room to manoeuvre, the Commission prefers to keep them on a short leash.

Suggested Citation

  • Steffen Hurka & Yves Steinebach, 2021. "Legal Instrument Choice in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 59(2), pages 278-296, March.
    • Handle: RePEc:bla:jcmkts:v:59:y:2021:i:2:p:278-296
    DOI: 10.1111/jcms.13068
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/jcms.13068
    Download Restriction: no
    File URL: https://libkey.io/10.1111/jcms.13068?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Hooghe, Liesbet & Marks, Gary, 2009. "A Postfunctionalist Theory of European Integration: From Permissive Consensus to Constraining Dissensus," British Journal of Political Science, Cambridge University Press, vol. 39(1), pages 1-23, January.
    2. Asya Zhelyazkova & Cansarp Kaya & Reini Schrama, 2018. "When Practice Goes beyond Legislators' Expectations: Analysis of Practical Implementation Exceeding Legal Compliance with EU Directives," Journal of Common Market Studies, Wiley Blackwell, vol. 56(3), pages 520-538, April.
    3. Thomas König, 2008. "Analysing the Process of EU Legislative Decision-Making," European Union Politics, , vol. 9(1), pages 145-165, March.
    4. Fjelstul, Joshua C. & Carrubba, Clifford J., 2018. "The Politics of International Oversight: Strategic Monitoring and Legal Compliance in the European Union," American Political Science Review, Cambridge University Press, vol. 112(3), pages 429-445, August.
    5. Junge, Dirk & König, Thomas & Luig, Bernd, 2015. "Legislative Gridlock and Bureaucratic Politics in the European Union," British Journal of Political Science, Cambridge University Press, vol. 45(4), pages 777-797, October.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. 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.
    2. Ioana Andreea Bogoslov & Anca Elena Lungu & Eduard Alexandru Stoica & Mircea Radu Georgescu, 2022. "European Green Deal Impact on Entrepreneurship and Competition: A Free Market Approach," Sustainability, MDPI, vol. 14(19), pages 1-15, September.
    3. Karlson, Nils & Herold, Theo & Dalbard, Karl, 2022. "Ratio Working Paper No. 353: From free competition to fair competition on the European internal market," Ratio Working Papers 353, The Ratio Institute.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Tanja A. Börzel, 2016. "From EU Governance of Crisis to Crisis of EU Governance: Regulatory Failure, Redistributive Conflict and Eurosceptic Publics," Journal of Common Market Studies, Wiley Blackwell, vol. 54, pages 8-31, September.
    2. Julian Aichholzer & Sylvia Kritzinger & Carolina Plescia, 2021. "National identity profiles and support for the European Union," European Union Politics, , vol. 22(2), pages 293-315, June.
    3. Marco Manacorda & Guido Tabellini & Andrea Tesei, 2022. "Mobile Internet and the Rise of Political Tribalism in Europe," Working Papers 941, Queen Mary University of London, School of Economics and Finance.
    4. Luuk Middelaar, 2016. "The Return of Politics – The European Union after the crises in the eurozone and Ukraine," Journal of Common Market Studies, Wiley Blackwell, vol. 54(3), pages 495-507, May.
    5. Soetkin Verhaegen & Marc Hooghe & Ellen Quintelier, 2014. "European Identity and Support for European Integration: A Matter of Perceived Economic Benefits?," Kyklos, Wiley Blackwell, vol. 67(2), pages 295-314, May.
    6. Wolfram Kaiser, 2017. "Limits of Cultural Engineering: Actors and Narratives in the European Parliament's House of European History Project," Journal of Common Market Studies, Wiley Blackwell, vol. 55(3), pages 518-534, May.
    7. Natascha Zaun & Ariadna Ripoll Servent, 2023. "Perpetuating Crisis as a Supply Strategy: The Role of (Nativist) Populist Governments in EU Policymaking on Refugee Distribution," Journal of Common Market Studies, Wiley Blackwell, vol. 61(3), pages 653-672, May.
    8. Rauh, Christian, 2015. "Communicating supranational governance? The salience of EU affairs in the German Bundestag, 1991–2013," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 16(1), pages 116-138.
    9. Katjana Gattermann & Claes H De Vreese, 2017. "The role of candidate evaluations in the 2014 European Parliament elections: Towards the personalization of voting behaviour?," European Union Politics, , vol. 18(3), pages 447-468, September.
    10. Denise Currie & Paul Teague, 2017. "The eurozone crisis, German hegemony and labour market reform in the GIPS countries," Industrial Relations Journal, Wiley Blackwell, vol. 48(2), pages 154-173, March.
    11. 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.
    12. Liesbet Hooghe & Tobias Lenz & Gary Marks, 2019. "Contested world order: The delegitimation of international governance," The Review of International Organizations, Springer, vol. 14(4), pages 731-743, December.
    13. Braun, Daniela & Grande, Edgar, 2021. "Politicizing Europe in Elections to the European Parliament (1994–2019): The Crucial Role of Mainstream Parties," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 59(5), pages 1124-1141.
    14. Esther Ademmer & Anna Leupold & Tobias Stöhr, 2019. "Much ado about nothing? The (non-) politicisation of the European Union in social media debates on migration," European Union Politics, , vol. 20(2), pages 305-327, June.
    15. Jelle Koedam, 2021. "Avoidance, ambiguity, alternation: Position blurring strategies in multidimensional party competition," European Union Politics, , vol. 22(4), pages 655-675, December.
    16. Ronja Sczepanski, 2023. "European by action: How voting reshapes nested identities," European Union Politics, , vol. 24(4), pages 751-770, December.
    17. de Wilde, Pieter & Rauh, Christian, 2019. "Going full circle: the need for procedural perspectives on EU responsiveness," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 26(11), pages 1737-1748.
    18. Dimiter Toshkov & Elitsa Kortenska, 2015. "Does Immigration Undermine Public Support for Integration in the European Union?," Journal of Common Market Studies, Wiley Blackwell, vol. 53(4), pages 910-925, July.
    19. V. Sidenko, 2017. "The crisis processes in the EU development: origins and prospects," Economy and Forecasting, Valeriy Heyets, issue 1, pages 7-30.
    20. Liesbet Hooghe & Gary Marks, 2015. "Delegation and pooling in international organizations," The Review of International Organizations, Springer, vol. 10(3), pages 305-328, September.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:jcmkts:v:59:y:2021:i:2:p:278-296. See general information about how to correct material in RePEc.

    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 CitEc recognized a bibliographic reference but did not link an item in RePEc 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 RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: http://www.blackwellpublishing.com/journal.asp?ref=0021-9886 .

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

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.