Guarding the Treaty: The Compliance Strategies of the European Commission

Tanja A. Börzel

in The State of the European Union, 6

Published in print September 2003 | ISBN: 9780199257409
Published online April 2004 | e-ISBN: 9780191600951 | DOI:
 Guarding the Treaty: The Compliance Strategies of the European Commission

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Analyses the role of the European Commission as guardian of the European Treaty in ensuring compliance with EU law. The study shows that the Commission relies on four different compliance strategies, which include monitoring and (the threat of) sanctions (enforcement), capacity‐building and contracting (management), persuasion and learning, and legal internalization (litigation). National mobilized interests prove to be a key element to all four of these compliance mechanisms. Draws on a database compiled by its author to evaluate how effective the Commission is in bringing member states into compliance with EU law. The first part of the chapter develops a conceptual framework, and identifies the different compliance strategies used by the Commission; the second shows that the Commission uses all four compliance strategies; the third looks at the effectiveness of the Commission's compliance strategies; and the concluding section considers how the four strategies used may relate to one another.

Keywords: capacity‐building; compliance; compliance strategies; contracting; effectiveness; enforcement; EU law; European Commission; EU; learning; legal internalization; litigation; monitoring; persuasion; sanctions

Chapter.  8499 words.  Illustrated.

Subjects: Politics

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