Zbiral, Robert, Princen, Sebastiaan and Smekal, Hubert (2023) Differentiation through flexibility in implementation: Strategic and substantive uses of discretion in EU directives. European Union Politics, 24 (1). pp. 102-120. ISSN 1465-1165
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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.
Item Type: | Article |
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Keywords: | Differentiated integration; discretion; EU directives; European Union; flexibility; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 18937 |
Identification Number: | 10.1177/14651165221126072 |
Depositing User: | Hubert Smekal |
Date Deposited: | 26 Sep 2024 13:43 |
Journal or Publication Title: | European Union Politics |
Publisher: | SAGE Publications |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/18937 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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