European Rules as ‘Law of the Land’? Towards Optimalisation of EU Member State Compliance

by Henri de Waele,

This paper deals with Member State compliance with EU rules, and explores how current structures and practises may be transformed and adapted so as to arrive at a situation where optimal effectiveness is ensured. It hereby differentiates between the various layers of public authority, and devotes special attention to two topics: a novel Dutch legal framework that strengthens the control of central government vis-à-vis subnational actors, and private enforcement as a means to greater rule observance. Lastly, it points to a number of negative ramifications of the dominant vision on the duties of Member States, and makes a case for a small but subtle paradigmatic shift: if EU rules are truly to be recognised as ‘law of the land’, there should remain room for ‘diversity in unity’ in their application, and for a broad representation of the interests of the many, instead of just the subjective interests of the few.

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Advisory Board

  • Alina Mungiu-Pippidi (chair) Hertie School of Governance
  • Larry Diamond Stanford University
  • Tom Gallagher University of Bradford
  • Alena Ledeneva University College London
  • Michael McFaul Stanford University
  • Dennis Deletant Georgetown University
  • Helen Wallace London School of Economics and Political Science

Editorial Board

  • Claudiu Tufiș
  • Bogdan Iancu
  • George Jiglau
  • Ingi Iusmen
  • Gabriel Bădescu
  • Andrei Macsut
  • Laura Voinea

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Societatea Academica Romana