Defining and Operationalising Defiant Non‐Compliance in the EU
The Rule of Law Case
Bibliographic Data
| ID | 6282945 |
|---|---|
| Authors | Carlos Closa (0000-0002-2935-1926, Institute of Public Goods and Policies Spanish National Research Council (IPP‐CSIC)), Gisela Hernández (0000-0003-3525-3561, Institute of Public Goods and Policies Spanish National Research Council (IPP‐CSIC), corresponding author) |
| Year | 2025 |
| Volume | 63 |
| Issue | 3 |
| Pages | 964-986 |
| Publication date | 2025-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | JCMS Journal of Common Market Studies (JOURNAL) |
| Journal identifiers | ISSN: 0021-9886 • E-ISSN: 1468-5965 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/jcms.13676 |
| OpenAlex | W4403285035 |
| Language | EN |
| Citations received | 8 |
| References cited | 47 |
Existing literature often attributes non‐compliance to either a lack of resources or implementation costs. However, the rule of law crises in Hungary and Poland present a different picture: a deliberate strategy aimed at not complying with EU enforcement actions. This article differentiates this model from previous ones and terms it ‘defiant non‐compliance’, which is characterised by four types of domestic actions (ignoring the Commission's recommendations and warnings; not complying with Court of Justice of the EU (CJEU) rulings; questioning the role of the CJEU as the sole final interpreter of EU law; and impeding national courts' right to raise preliminary questions). A defiant rhetoric questioning the authority and legitimacy of the enforcing authorities accompanies these actions. The article distils defiant non‐compliance by systematising empirical evidence on these governments' reactions to EU enforcement. This model of non‐compliance severely threatens the foundations of the EU, as it erodes the notion of a community of law‐abiding member states' governments
Compliance (psychology · Political science · Rule of law · European and International Law Studies · European Criminal Justice and Data Protection · European Union Policy and Governance · Law · Psychology · Social Psychology
Echoes of the public
Rule of Law Compliance Beyond Ticking Boxes
How backsliding government parties defend democratic backsliding in the European Parliament
Why the European Parliament litigates
Seeking legitimacy
Insider, outsider, or both? Explaining discrepancies within differentiation in the European Union
Polity-building in the European Union’s rule of law crisis since 2010
The limits of EU rule of law financial sanctions
Poland's Constitutional Breakdown
The New Sovereignty
International Law, International Relations and Compliance
Implementing and complying with EU governance outputs
Illiberalism Within
Hasta qué punto cumplen los estados miembro con la legislación de la Unión Europea? Teoría y factores empíricos sobre el proceso de implementación
On judicial mobilization
A causal loop? The Commission’s new enforcement approach in the context of non-compliance with EU law even after CJEU judgments
Contesting EU authority in the name of European identity
Defying the Commission
Compliance and Public Authority
Will the European Union escape its autocracy trap
Does monitoring without enforcement make a difference? The European Union and anti-corruption policies in Bulgaria and Romania after accession
Europe at the frontline
Sanctioning democratic backsliding in the European Union
Towards Convergence in Europe? Institutional Adaptation to Europeanization in Germany and Spain
Right‐Wing Eurosceptic Parties and the Strategic Use of Law
Paths to Compliance
Noncompliance risk, asymmetric power and the design of enforcement of the European economic governance
The Paradox of Compliance
Turning assertive? EU rule of law enforcement in the aftermath of the war in Ukraine
Non-Compliance with EU Directives in the Member States
Forging, Bending, and Breaking
Institutional logics and the EU’s limited sanctioning capacity under Article 7 TEU
Political safeguards against democratic backsliding in the EU
The politics of guarding the Treaties
Guardians of EU law? Analysing roles and behaviour of Dutch legislative drafters involved in EU compliance
The EU’s Transactional Approach to Rule of Law Spending Conditionality in the 2020s
The Commission's Approach to Rule of Law Backsliding
Judges as activists
Explaining judges’ opposition when judicial independence is undermined
Forbearance
| Unique citing works | 8 |
|---|---|
| Citations per year | 8 |
| Citation span | 2025 - 2026 (2) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 7 |