From Regulation to Enforcement in the EU Policy Cycle: A New Type of Functional Spillover?

Scholten, Miroslava; Scholten, Daniel

doi:10.1111/jcms.12508

Cited by 19 publications

(9 citation statements)

References 26 publications

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“…Scholten (2017 <THIS ISSUE: PUBLISHER TO ADD /UPDATE DETAILS AT PROOF>) points to an ongoing trend toward Europeanization in this regard. The growing role of the EU in the field of direct enforcement can be explained by the problems that indirect enforcement faces; if the 'traditional' implementation of regulation by national authorities is failing, enforcement at the community level is likely to follow in the same policy area (Scholten and Scholten 2016).…”

Section: Contribution To the State Of The Artmentioning

confidence: 99%

Moving beyond legal compliance: innovative approaches to EU multilevel implementation

Thomann

Sager

2017

Journal of European Public Policy

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Research on implementation in the European Union (EU) is characterized by a strong focus on legal conformance with EU policy. However, this focus has been criticized for insufficiently accounting for the implications of the EU's multilevel governance structure, thus providing an incomplete picture of EU implementation, its diversity and practice. The contributions of this collection represent a shift toward a more performance-oriented perspective on EU implementation as problem-solving. They approach implementation fundamentally as a process of interpretation of superordinate law by actors who are embedded within multiple contexts arising from the coexistence of dynamics of Europeanization, on the one hand, and what has been termed 'domestication', on the other. Moving beyond legal compliance, the contributions provide new evidence on the diversity of domestic responses to EU policy, the roles and motivations of actors implementing EU policy, and the 'black box' of EU law in action and its enforcement.

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Section: Contribution To the State Of The Artmentioning

confidence: 99%

Moving beyond legal compliance: innovative approaches to EU multilevel implementation

Thomann

Sager

2017

Journal of European Public Policy

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“…Adopting a functional spillover perspective, Scholten (2017 <THIS ISSUE: PUBLISHER TO ADD /UPDATE DETAILS AT PROOF>, see also Scholten and Scholten 2016) explains this trend by the desire to ensure the implementation of EU policies in light of the limits of indirect enforcement. She further argues that direct enforcement by European Enforcement Authorities has the greatest potential to resolve the problem of non-compliance; networks make EU influence possible by fostering mutual learning and cooperation (also see Mavrot and Sager 2016); while direct enforcement through EU norms still face the well-known danger of incorrect or non-transposition, application and enforcement.…”

Section: Eu Law 'In Action'mentioning

confidence: 99%

Toward a better understanding of implementation performance in the EU multilevel system

Thomann¹,

Sager²

2019

Innovative Approaches to EU Multilevel Implementation

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The results of this collection allow for preliminary conclusions about the nuanced interplay between Europeanization and domestication forces in EU implementation, which await testing in different contexts. Some policies lend themselves more to a strategy allowing for extensive domestication than others; but to be effective, decentralized implementing actors need both power and capabilities. Europeanization dynamics strongly influence the direction of domestication of EU policy, but if EU requirements are incompatible with national political preferences domestication trumps Europeanization. Domestication equally prevails if the relationship between EU and national policy is ambiguous and frontline implementers have high discretion. The trend toward the Europeanization of direct EU enforcement challenges its legitimacy. This has implications for EU researchers and practitioners, and suggests methodological challenges and future research trajectories for a performance perspective on EU implementation. More comparative research is needed about the trade-offs between conformance, diversity, and performance in EU multilevel governance.

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“…Additional enforcement strategies appear to be essential to prevent violations and non-compliance and to ensure implementation in the complex multilevel governance system, which the EU is. Scholten and Scholten (2016) explain the expansion of the EU's competences from one (regulatory) step in the policy cycle to another (enforcement) from a functional spillover perspective; if the implementation of EU law is failing at the national level, enforcement at the EU level is likely to follow. However, how could the member states allow the EU to gain additional powers in the traditionally national remit of enforcement?…”

Section: Understanding the Trendmentioning

confidence: 99%

Mind the trend! Enforcement of EU law has been moving to ‘Brussels’

Scholten

2017

Journal of European Public Policy

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The EU has become increasingly involved in enforcing European Union (EU) law, including directly vis-à-vis private actors. (Multilevel implementation) research has so far neglected the question of what role it is necessary for the EU to play in this direct enforcement of EU law in order to promote the implementation of EU policies. Given the purpose of this collection of works to discuss innovative approaches in multilevel implementation, this contribution unravels three of the EU's direct enforcement strategies. It provides original data in relation to proliferating EU entities with direct enforcement powers and to EU enforcement networks, as well as discussing the EU's growing influence over national direct enforcement via EU hard, soft and case law. It outlines the problem-solving potential of such enforcement strategies and signals the challenges that they bring along. The aim is to urge and facilitate further research on the EU's (direct) enforcement strategies, their legitimacy, effectiveness and operation.

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From Regulation to Enforcement in the EU Policy Cycle: A New Type of Functional Spillover?

Cited by 19 publications

References 26 publications

Moving beyond legal compliance: innovative approaches to EU multilevel implementation

Moving beyond legal compliance: innovative approaches to EU multilevel implementation

Toward a better understanding of implementation performance in the EU multilevel system

Mind the trend! Enforcement of EU law has been moving to ‘Brussels’

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