Harmonizing Europe with directives: An institutional explanation for implementation.

摘要

The European Community (now Union) has tried to unite Europe by promulgating laws, known as directives, that must be transposed into national law first and then applied. Despite a vast literature on the European Community and much speculation concerning the likelihood that Europe may one day be truly united, there seems to exist no explanation of what determines the implementation of Community laws in member states. This dissertation therefore asks: given any one directive, what can explain variation in the implementation of that directive across member states?; An institutional hypothesis is outlined: directives that require major shifts in the organization of interest groups or in national policy legacies are not well implemented. Directives that are in line with the organization of interest groups or with current policy legacies are well implemented. Five alternative hypotheses are offered. The first alternative hypothesis argues that implementation depends on the degree to which a country identifies with the EC. The second alternative hypothesis argues that implementation depends on the interests of leading political actors. The third alternative hypothesis argues that implementation depends on the efficiency of a nation's legal and administrative systems. The last two hypotheses focus on international variables, namely the legitimacy of the European Community as an international player and the degree of precision with which directives are formulated in Brussels.; The hypotheses are discussed in light of their actual applicability to the problem at hand, aggregate data, and the implementation of two directives in three countries: the Equal Pay Directive of 1975 and its implementation in France, Italy and Great Britain; and the Sulphur Dioxide and Suspended Particulates Directive of 1980 and its implementation in Spain, Italy and Great Britain.; The case studies confirm the validity of the institutional hypothesis. That hypothesis can systematically account for implementation patterns. However, the hypothesis on the role of political leaders and the hypothesis on the efficiency of national legal and administrative structures do provide valuable insight in some instances.; The dissertation concludes by discussing the larger implications of the findings for the future of the European Union, for rational choice and institutional theory, and for future research.