Willing and able? A two-level theory on compliance with civil liberties in the EU
Bibliographic Data
| ID | 6289575 |
|---|---|
| Authors | Julia Schmälter (Jean Monnet Chair for European Integration, University of Duisburg-Essen, Duisburg, Germany, corresponding author) |
| Year | 2018 |
| Volume | 25 |
| Issue | 4 |
| Pages | 506-525 |
| Publication date | 2018-04-03 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of European Public Policy (JOURNAL) |
| Journal identifiers | ISSN: 1350-1763 • E-ISSN: 1466-4429 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/13501763.2016.1268192 |
| OpenAlex | W2573684561 |
| Language | EN |
| Citations received | 7 |
| References cited | 32 |
Although human rights treaties offer neither positive nor negative incentives, a majority of EU member states fully comply with civil liberties. This article seeks to identify the conditions able to clarify this paradox. Current EU compliance research struggles to provide a comprehensive explanation since (a) there is a lack of studies on practical implementation and (b) it rarely takes into account policy-specificity. The author suggests that a two-level theory based on capability and willingness is a useful approach for analyzing practical implementation when complemented with policy-specific conditions. Using fuzzy-set analysis, the author confirms that capability, namely judicial capability, executive capability or democratic experience, and willingness, namely a solid system of checks and balances, a strong civil society and an active participation in international organizations, are individually necessary and jointly sufficient for compliance with civil liberties and thereby substantiates the usefulness of the explanatory framework for further research
Civil liberties · Compliance (psychology · Democracy · Economics · Incentive · Law and economics · Microeconomics · Political science · Politics · Set (abstract data type · Computer Science · European Union Policy and Governance · Law · Ombudsman and Human Rights · Peacebuilding and International Security · Psychology · Social Psychology
A street-level perspective on non-compliance in the EU
A European response to non-compliance
Subnational trouble? Party system nationalisation, issue salience, and capacity constraints in Spain ́s infringements of European environmental directives
Providing information and building capacity
Border clashes
Toward a better understanding of implementation performance in the EU multilevel system
Essential, lonely and exploited
International Law, International Relations and Compliance
Implementing and complying with EU governance outputs
Do Human Rights Treaties Make a Difference?
Inquiry, Logic, and International Politics
Set-Theoretic Methods for the Social Sciences
Mobilizing for Human Rights
Global Human Rights and State Sovereignty
Do Member States Make European Policies Work? Analysing the Eu Transposition Deficit
After conditionality
Compelling criteria? Human rights in the European Union
Caving in or sitting it out? Longitudinal patterns of non-compliance in the European Union
Living in Parallel Universes? Implementing European Movable Cultural Heritage Policy in B ulgaria
The Origins of Human Rights Regimes
Strategic Calculation and International Socialization
Even rules, uneven practices
Implementation Deficit — Why Member States do not Comply with EU directives
Opportunity, Willingness and Political Uncertainty
EU compliance
Why Do Countries Commit to Human Rights Treaties
Taking Preferences Seriously
Turning Swift Policy-making into Deadlock and Delay
Lost in Translation or Full Steam Ahead
Decoupling practical and legal compliance
Justice Lost! The Failure of International Human Rights Law To Matter Where Needed Most
Necessary Conditions
The Limits of Delegation
Combining QCA and Process Tracing in Set-Theoretic Multi-Method Research
Two-Level Theories and Fuzzy-Set Analysis
Human Rights in a Globalizing World
| Unique citing works | 7 |
|---|---|
| Citations per year | 0,78 |
| Citation span | 2017 - 2025 (9) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 7 |