Implementing European case law at the bureaucratic frontline: How domestic signalling influences the outcomes of EU law

• 成果类型: Article
• 署名作者: Martinsen, Dorte Sindbjerg; Blauberger, Michael; Heindlmaier, Anita; Thierry, Jessica Sampson
• 署名单位: University of Copenhagen; Salzburg University; Salzburg University
• 刊物名称: PUBLIC ADMINISTRATION
• ISSN/ISSBN: 0033-3298
• DOI: 10.1111/padm.12603
• 发表日期: 2019
• 页码: 814-828
• 关键词: member states; COURT; JUSTICE

摘要

This article analyses the implementation of European case law at the bureaucratic frontline of European member states. Theoretically, insights from street-level implementation studies are combined with judicial impact research. Empirically, we compare how EU rules on free movement and cross-border welfare are applied in practice in Denmark, Austria and France. We find that when applying EU rules in practice, street-level bureaucrats are confronted with a world of legal complexity, consisting of ambiguous rules, underspecified concepts and a recent judicial turn by the Court of Justice of the European Union. In order to manage complexity, street-level bureaucrats turn to their more immediate superiors for guidance. As a consequence, domestic signals shape the practical application of EU law. Despite bureaucratic discretion and many country differences, domestic signals create uniform, restrictive outcomes of EU law in all three cases. Thus we show that there is considerable room for politics in EU implementation processes.