Differentiation through flexibility in implementation:
Strategic and substantive uses of discretion in EU directives

J 2023

Differentiation through flexibility in implementation: Strategic and substantive uses of discretion in EU directives

ZBÍRAL, Robert; Hubert SMEKAL and Sebastiaan PRINCEN

Basic information

Original name

Differentiation through flexibility in implementation: Strategic and substantive uses of discretion in EU directives

Authors

ZBÍRAL, Robert (203 Czech Republic, guarantor, belonging to the institution); Hubert SMEKAL (203 Czech Republic) and Sebastiaan PRINCEN

Edition

European Union Politics, England, Sage Publications Ltd, 2023, 1465-1165

Other information

Language

English

Type of outcome

Article in a journal

Field of Study

50601 Political science

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

is not subject to a state or trade secret

References:

Open access časopisu

Impact factor

Impact factor: 2.900

RIV identification code

RIV/00216224:14220/23:00130442

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.1177/14651165221126072

UT WoS

000859264500001

EID Scopus

2-s2.0-85139162095

Keywords (in Czech)

směrnice; flexibilita; implementace; EU

Keywords in English

directives; flexibility; implementation; EU

Abstract

ORIG CZ

In the original language

This article analyses the extent to which European Union (EU) directives allow for variation in domestic implementation. Such flexibility in implementation may be used to deal with heterogeneity among member states. Based on an original dataset of 164 directives adopted between 2006 and 2015, we find that the use of flexibility is associated more with efforts to accommodate differences between national policies (substantive use of discretion) than with attempts to facilitate the decision-making process in and between EU legislative institutions (strategic use of discretion). Although flexibility may be used to address some of the same concerns that drive differentiated integration (DI), the situations in which each is most likely to be used are distinct because they approach the divergences between member states differently.

In Czech

Článek se zabývá flexibilitou při implentaci na vzorku 162 směrnic EU.

Links

822304, interní kód MU

Name: InDiv-EU: Integrating Diversity in the EU (Acronym: InDiv-EU)

Investor: European Union, Europe in a changing world - inclusive, innovative and reflective Societies (Societal Challenges)

Cite

ZBÍRAL, Robert; Hubert SMEKAL and Sebastiaan PRINCEN. Differentiation through flexibility in implementation: Strategic and substantive uses of discretion in EU directives. European Union Politics. England: Sage Publications Ltd, 2023, vol. 24, No 1, p. 102-120. ISSN 1465-1165. Available from: https://dx.doi.org/10.1177/14651165221126072.

@article{2267183,
   author = {Zbíral, Robert and Smekal, Hubert and Princen, Sebastiaan},
   article_location = {England},
   article_number = {1},
   doi = {http://dx.doi.org/10.1177/14651165221126072},
   keywords = {directives; flexibility; implementation; EU},
   language = {eng},
   issn = {1465-1165},
   journal = {European Union Politics},
   title = {Differentiation through flexibility in implementation: Strategic and substantive uses of discretion in EU directives},
   url = {https://journals.sagepub.com/doi/abs/10.1177/14651165221126072},
   volume = {24},
   year = {2023}
}

TY  - JOUR
ID  - 2267183
AU  - Zbíral, Robert - Smekal, Hubert - Princen, Sebastiaan
PY  - 2023
TI  - Differentiation through flexibility in implementation: Strategic and substantive uses of discretion in EU directives
JF  - European Union Politics
VL  - 24
IS  - 1
SP  - 102-120
EP  - 102-120
PB  - Sage Publications Ltd
SN  - 14651165
KW  - directives
KW  - flexibility
KW  - implementation
KW  - EU
UR  - https://journals.sagepub.com/doi/abs/10.1177/14651165221126072
N2  - This article analyses the extent to which European Union (EU) directives allow for variation in domestic implementation. Such flexibility in implementation may be used to deal with heterogeneity among member states. Based on an original dataset of 164 directives adopted between 2006 and 2015, we find that the use of flexibility is associated more with efforts to accommodate differences between national policies (substantive use of discretion) than with attempts to facilitate the decision-making process in and between EU legislative institutions (strategic use of discretion). Although flexibility may be used to address some of the same concerns that drive differentiated integration (DI), the situations in which each is most likely to be used are distinct because they approach the divergences between member states differently.
ER  -

ZBÍRAL, Robert; Hubert SMEKAL and Sebastiaan PRINCEN. Differentiation through flexibility in implementation: Strategic and substantive uses of discretion in EU directives. \textit{European Union Politics}. England: Sage Publications Ltd, 2023, vol.~24, No~1, p.~102-120. ISSN~1465-1165. Available from: https://dx.doi.org/10.1177/14651165221126072.

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