Why the ECJ restores compliance faster in some cases than in others: comparing Germany and the UK

Abstract

This paper qualitatively explores the prospects to restore compliance with EU law against the rigid and eminently strong resistance of the affected member states. An empirical study of Court cases on incorrect legal transposition of EC directives in Germany and the UK reveals that states give in to the European prosecutors early in some cases, but maintain non-compliance for a longer period in others. This paper demonstrates that policy variables such as the interpretational scope of the disputed element, domestic norms, the organizational degree of organized interests, and the strength of domestic non-compliance constituencies influence the settlement dynamics of hard cases.