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11 - The EU Commission and (non-)compliance in the member states

Published online by Cambridge University Press:  22 September 2009

Gerda Falkner
Affiliation:
Institut für Höhere Studien, Wien
Oliver Treib
Affiliation:
Institut für Höhere Studien, Wien
Miriam Hartlapp
Affiliation:
Max-Planck-Institut für Gesellschaftsforschung, Cologne
Simone Leiber
Affiliation:
Wirtschafts- und Sozialwissenschaftliches Institut in der Hans-Böckler-Stiftung, Düsseldorf
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Summary

It is obvious and has been argued throughout the book that the effect of EU social policy Directives depends on timely and correct implementation in the member states. This chapter will briefly outline which instruments the EU Commission can use to make non-compliant member states fulfil their European duties. The aimis to assess the phenomenon empirically and to confront the occurrence of relevant failures with the Commission's enforcement policy.

State of the art

Within the field of research on the EU, a number of authors have dealt with the question of how well member states follow their commitment to implement EU law. Generally speaking, these studies can be divided along two lines, i.e. the approach taken and the data used. Thus most of the literature could easily be sorted into a four-box matrix, where the x-axis distinguishes between quantitative and qualitative studies, and the y-axis differentiates between cases where the initiative lies with an individual complainant or with the European Commission.

Type
Chapter
Information
Complying with Europe
EU Harmonisation and Soft Law in the Member States
, pp. 201 - 228
Publisher: Cambridge University Press
Print publication year: 2005

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