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Managing and Enforcing Compliance with EU law: The Perspective of the EU Commission

Zhelyazkova, Asya (2009) Managing and Enforcing Compliance with EU law: The Perspective of the EU Commission. In: UNSPECIFIED. (Unpublished)

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    Studies on EU policy-making generally disregard the key role played by the Commission as an enforcement agent responsible for the instigation and continuation of infringement cases. Furthermore, the Commission employs both amicable (‘management’) and coercive means (‘enforcement’) to induce compliance by member states, which are reflected in the different stages of the infringement proceeding. In contrast to current research, this study incorporates the perspective of the Commission on non-compliance. Based on assumptions about the relation between the Commission and member states, it is assumed that different mechanisms drive the instigation of infringement proceedings and their escalation to later stages. Thus, it is predicted that conflict in the Council and member state low level of acceptance for EU policies increase the probability of instigating infringement cases. However, the same factors are expected to make escalations of infringements to ECJ referrals less likely, because the Commission dependence on the cooperation of member states. The hypotheses are tested using a dataset on the policy preferences of the Commission and 15 member states with regards to 18 EU directives. On the basis of multinomial logit and ordered logit regression analyses, I find evidence that there are differences between the effects on the instigation and the escalation of infringement cases.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > EU institutions & developments > European Commission
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2009 (11th), April 23-25, 2009
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 12 May 2012 16:33
    Number of Pages: 23
    Last Modified: 12 May 2012 16:33

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