"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: UNSPECIFIED, Nashville, TN. (Unpublished)

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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.

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