Microfoundations of Policy Implementation: Towards European Best Practices by Phedon Nicolaides

Author:Phedon Nicolaides [Nicolaides, Phedon]
Language: eng
Format: epub
Tags: General, Reference, Political Science, Public Affairs & Administration
ISBN: 9789292030209
Google: bX9X0XG3T9MC
Goodreads: 16210993
Publisher: Routledge
Published: 2012-12-06T00:00:00+00:00

The Puzzle of Non-Compliance

Compliance is in the general and long-term interest of the member states. Yet, non-compliance persists.2 The introductory chapter of this book mentioned the SOLVIT network, which aims to resolve market access problems encountered by businesses and citizens. In 2009 it was estimated that its problem-solving functions resulted in cost savings amounting to €130 million.3

One would have thought that member states would seek to ensure that SOLVIT centres operate as effectively as possible. Kaeding and Voskamp examine the effectiveness of SOLVIT centres in a sample of member states.4 They find that the performance of SOLVIT centres varies significantly across member states. They measure performance in terms of the speed of handling of complaints and the rate of resolution of such complaints. They attributethe variation in performance to differences in institutional capacity in terms of staffing levels, staff expertise, extent of administrative support and intensity of co-operation between different authorities. It is not clear why member states do not invest more resources in SOLVIT. What is clear is that organizational capacity matters, and it matters more as policy rules become more complex.

However, if saving resources is the aim of member states, those that are non-compliant have adopted a very counterproductive approach. Non-compliance is costly. In the December 2010 edition of the Internal Market Scoreboard, the Commission reports 1,091 open infringement proceedings against member states (excluding cases of non-notification of transposition of directives into national law).5 These proceedings absorb significant administrative resources. The Commission finds that 73% of infringement proceedings concern incorrect application of EU legislation, while 44% of the proceedings are in the areas of environment and taxation. It then goes on to observe that ‘if

Member States were to focus their attention on correctly applying the rules in these two sectors, they could reduce the number of infringement proceedings very considerably’ and, I would add, save a lot of money.

Non-compliance also lasts too long. Statistics in the same edition of the Scoreboard show that the average infringement file alone is open for more than two years, with some 400 cases being open for more than two years. When the Court of Justice finds that a member state has breached EU law, that member state has to end the infringement immediately. Yet it takes member states 18 months on average to comply with the judgments of the Court. This performance is not commensurate with that of organizations that can learn and correct their errors.

If the member states really wish to improve their institutional structures and procedures they can derive much guidance and inspiration from the judgments of the Court of Justice. Consider, for example, the case law on the free movement of goods. The Court has said in numerous judgments that national systems subjecting the marketing of goods to prior authorization restrict access to the market of the importing member state and must therefore be regarded as a measure having an effect ‘equivalent to a quantitative restriction’ on imports within the meaning of Article 34 of the Treaty on the

Functioning of the European Union (TFEU).

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