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Abstract
Europeanization – that is the domestic impact of European integration on member states – is rightly attracting increasing attention, given the extent to which European integration determines domestic policies. However, the debate on Europeanization focuses predominantly on the conditions for successful compliance with European secondary law. This note argues that this focus insufficiently captures the implications of member states being part of a multi-level system. It is largely overlooked how negative integration (market making) and legal uncertainty about the implications of European law constrains domestic policy making.
Acknowledgements
For this note I have profited from my participation in the Integrated Project “New Modes of Governance” (see the website http://www.eu-newgov.org). Funding provided by the 6th Framework Program of the European Union (Contract No CIT1-CT-2004-506392) is gratefully acknowledged. Annette Töller, Claudio Radaelli, Wendy van den Nouland, and Michael Blauberger gave helpful comments on previous drafts. I would also like to thank the participants of the workshop in Grenoble in March 2006 for their valuable feedback. Last not least, the note was fundamentally rewritten following excellent comments from anonymous reviewers, for which I am very grateful.
Notes
1. Note that the focus of the argument is on the implications of institutions and not on their genesis.
2. Another issue touched upon in this note is whether legislative policy making in the EU always results in precise obligations, or to which extent legal uncertainty plays a role in the implementation of secondary law. If this is the case, the question of compliance may become a matter of degree and cannot be dealt with in an either/or distinction.