"Why do states not obey the law? Lessons from the European Union"

Borzel, Tanja A. (2003) "Why do states not obey the law? Lessons from the European Union". In European Union Studies Association (EUSA) > Biennial Conference > 2003 (8th), March 27-29, 2003, pages 32, Nashville, TN.

Abstract

This paper seeks to find out why states do not obey law beyond the nation-state, i.e. why they violate legally binding norms and rules that cannot relay on a monopoly of legitimate power for their enforcement. The EU is an ideal case to explore the sources of non-compliance with law beyond the nation-state. As it is the institution with the most developed body of supranational law, it presents a critical case for non-compliance in the sense of a least likely case. Moreover, it offers a rich field for empirical research since cases of non-compliance are comprehensively documented according to the nature of non-compliance, the type of law infringed and the policy sector to which the law pertains, the violating member states and measures taken by EU institutions in response to non-compliance.