Abstract
The practical realization of European Union (EU) rights and obligations depends to a considerable extent on how national public authorities apply EU legislation in their daily work. A growing number of EU compliance studies have probed the transposition of EU law and discussed the importance and shortcomings of the European Commission, the Court of Justice of the European Union (CJEU) and national courts as central and decentralised enforcers. However, the practical application of EU rights and obligations remains rather unexplored. Drawing on survey data covering EU-27 and three EEA states participating in Solvit, an internal market problem-solving network, this paper investigates the role of transgovernmental networks in enforcing and managing the daily application of EU legislation by national authorities. We show that informal conflict resolution has become an important and effective tool for addressing misapplication of EU law. Anchored in national public administrations yet working under the ‘shadow of hierarchy’ (namely the Commission) transgovermental networks are in fact able to improve the compliance of domestic authorities.
| Original language | English |
|---|---|
| Title of host publication | New directions in the Effective Enforcement of EU Law and Policy |
| Editors | Sara Drake, Melanie Smith |
| Number of pages | 23 |
| Publisher | Edward Elgar Publishing |
| Publication date | 29 Apr 2016 |
| Pages | 152-175 |
| Chapter | 6 |
| ISBN (Print) | 9781784718688 |
| ISBN (Electronic) | 9781784718695 |
| Publication status | Published - 29 Apr 2016 |