Premium
Implementing European case law at the bureaucratic frontline: How domestic signalling influences the outcomes of EU law
Author(s) -
Martinsen Dorte Sindbjerg,
Blauberger Michael,
Heindlmaier Anita,
Thierry Jessica Sampson
Publication year - 2019
Publication title -
public administration
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.313
H-Index - 93
eISSN - 1467-9299
pISSN - 0033-3298
DOI - 10.1111/padm.12603
Subject(s) - bureaucracy , discretion , european union , member states , economic justice , political science , law , politics , european court of justice , european union law , welfare , order (exchange) , law and economics , economics , international trade , finance
This article analyses the implementation of European case law at the bureaucratic frontline of European member states. Theoretically, insights from street‐level implementation studies are combined with judicial impact research. Empirically, we compare how EU rules on free movement and cross‐border welfare are applied in practice in Denmark, Austria and France. We find that when applying EU rules in practice, street‐level bureaucrats are confronted with a world of legal complexity, consisting of ambiguous rules, underspecified concepts and a recent judicial turn by the Court of Justice of the European Union. In order to manage complexity, street‐level bureaucrats turn to their more immediate superiors for guidance. As a consequence, domestic signals shape the practical application of EU law. Despite bureaucratic discretion and many country differences, domestic signals create uniform, restrictive outcomes of EU law in all three cases. Thus we show that there is considerable room for politics in EU implementation processes.