违抗委员会:欧盟中的创造性合规与对法治的尊重

DEFYING THE COMMISSION: CREATIVE COMPLIANCE AND RESPECT FOR THE RULE OF LAW IN THE EU

Public Administration · 2016
被引 82
ABS 4

中文导读

研究了成员国如何在程序和结果上遵守欧盟义务,通过法国、匈牙利和罗马尼亚的法治危机案例,揭示成员国采用象征性或创造性合规策略,使委员会在避免高成本冲突的同时维持可信度。

Abstract

This article investigates how and to what extent member states comply with EU obligations in terms of process and outcome. The aim is to demonstrate how norm‐conform behaviour unfolds, or fails to unfold, in an interaction between a member state and the European Commission. The empirical focus is on recent rule of law crises in France, Hungary and Romania. The argument is that member states engage in symbolic and/or creative compliance, designed to create the appearance of norm‐conform behaviour without giving up their original objectives. The cases illustrate that creative and symbolic compliance strategies may be successfully employed by member states because they enable the Commission to disengage from conflicts it judges too costly and yet maintain its credibility, and are conditioned by the visibility of failure to change facts on the ground. The implication is that, at times, not only is compliance symbolic, but also to some extent is enforcement.

欧盟研究法治合规与执行政治经济学