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Adaptation, Experimentation or Conservation? The Use of Differentiated Implementation Under the Energy Efficiency Directive

Author

Listed:
  • Alexander Hoppe
  • Michael Hübner
  • Sebastiaan Princen
  • Martin Svec

Abstract

In this article, we introduce an innovative theoretical framework to analyse the use of differentiated implementation in the implementation process of European Union (EU) Directives. We identify rationales for offering flexibility in EU Directives as well as motives for policy‐makers to make use of the discretion. We analyse patterns and drivers of differentiated implementation under the Energy Efficiency Directive (EED) in four member states in order to assess whether practices of differentiated implementation conform to the rationales for offering flexibility. We show that member states mainly use the flexibility offered to retain existing policies. In addition, the EED led to some mutual learning based on experimentation, although this effect is limited. Whilst the EED offered a high potential for mutual learning, the member states did not use this opportunity. Overall, the implementation of the EED offers mixed evidence for the use of differentiated implementation to support differentiation.

Suggested Citation

  • Alexander Hoppe & Michael Hübner & Sebastiaan Princen & Martin Svec, 2025. "Adaptation, Experimentation or Conservation? The Use of Differentiated Implementation Under the Energy Efficiency Directive," Journal of Common Market Studies, Wiley Blackwell, vol. 63(3), pages 745-764, May.
    • Handle: RePEc:bla:jcmkts:v:63:y:2025:i:3:p:745-764
    DOI: 10.1111/jcms.13647
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    References listed on IDEAS

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    3. Robert Zbiral & Sebastiaan Princen & Hubert Smekal, 2023. "Differentiation through flexibility in implementation: Strategic and substantive uses of discretion in EU directives," European Union Politics, , vol. 24(1), pages 102-120, March.
    4. Bondarouk, Elena & Liefferink, Duncan & Mastenbroek, Ellen, 2020. "Politics or management? Analysing differences in local implementation performance of the EU Ambient Air Quality directive," Journal of Public Policy, Cambridge University Press, vol. 40(3), pages 449-472, September.
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