Europe at the frontline: analysing street-level motivations for the use of European Union migration law
通过访谈德国移民行政人员,研究他们在多层级决策中为何使用欧盟法律,发现当国家法规模糊时,道德规范和工具性动机会促使执行者依赖欧盟法。
This contribution investigates what motivates the use of European Union (EU) law at the street level of migration law implementation. The street level is a crucial venue for EU implementation because lower-level implementers critically influence the level of EU compliance eventually achieved. Employing a bottom–up approach towards implementation, the article combines insights from social psychology and the street-level literature to develop expectations about the relation between individuals’ motivations and their use of EU law. The study investigates through qualitative interviews to what extent German migration administrators use EU law in three multilevel decision contexts. The main findings are that uses of EU law vary across contexts and individual implementers. Particularly when national regulatory frameworks are ambiguous, substantive moral norms and instrumental motivations trigger some implementers to rely on EU law. This reliance even has the potential to correct for problematic transposition.