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Differentiation through flexibility in implementation: Strategic and substantive uses of discretion in EU directives

Author

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  • Robert Zbiral

    (Department of Constitutional Law and Political Science, 112471Faculty of Law, Masaryk University, Brno, Czech Republic)

  • Sebastiaan Princen

    (School of Governance, Faculty of Law, Economics and Governance, 8125Utrecht University, The Netherlands)

  • Hubert Smekal

    (School of Law and Criminology, Faculty of Social Sciences, Maynooth University, Kildare, Ireland)

Abstract

This article analyses the extent to which European Union (EU) directives allow for variation in domestic implementation. Such flexibility in implementation may be used to deal with heterogeneity among member states. Based on an original dataset of 164 directives adopted between 2006 and 2015, we find that the use of flexibility is associated more with efforts to accommodate differences between national policies (substantive use of discretion) than with attempts to facilitate the decision-making process in and between EU legislative institutions (strategic use of discretion). Although flexibility may be used to address some of the same concerns that drive differentiated integration (DI), the situations in which each is most likely to be used are distinct because they approach the divergences between member states differently.

Suggested Citation

  • 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.
    • Handle: RePEc:sae:eeupol:v:24:y:2023:i:1:p:102-120
    DOI: 10.1177/14651165221126072
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    References listed on IDEAS

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    1. Ronja Sczepanski & Tanja A Börzel, 2023. "Two sides of the same coin? The effect of differentiation on noncompliance with European Union law," European Union Politics, , vol. 24(1), pages 63-80, March.
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    3. Aron Buzogány & Stefan Ćetković & Tomas Maltby, 2023. "EU Renewable Energy Governance and the Ukraine War: Moving Ahead Through Strategic Flexibility?," Politics and Governance, Cogitatio Press, vol. 11(4), pages 263-274.
    4. Liesbet Hooghe & Gary Marks, 2023. "Differentiation in the European Union and beyond," European Union Politics, , vol. 24(1), pages 225-235, March.

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