Implementing European case law at the bureaucratic frontline: How domestic signalling influences the outcomes of EU law
| Author | Anita Heindlmaier,Jessica Sampson Thierry,Michael Blauberger,Dorte Sindbjerg Martinsen |
| Date | 01 December 2019 |
| Published date | 01 December 2019 |
| DOI | http://doi.org/10.1111/padm.12603 |
ORIGINAL ARTICLE
Implementing European case law at the
bureaucratic frontline: How domestic signalling
influences the outcomes of EU law
Dorte Sindbjerg Martinsen
1
| Michael Blauberger
2
|
Anita Heindlmaier
3
| Jessica Sampson Thierry
1
1
Department of Political Science, University
of Copenhagen, Copenhagen, Denmark
2
Salzburg Centre of European Union Studies,
University of Salzburg, Salzburg, Austria
3
Department of Political Science, University
of Salzburg, Salzburg, Austria
Correspondence
Dorte Sindbjerg Martinsen, Department of
Political Science, University of Copenhagen,
ster Farimagsgade 5, 1014 Copenhagen K,
Denmark.
Email: dm@ifs.ku.dk
Funding information
Norface, Welfare State Future Programme,
TransJudFare, Grant/Award Number:
462-13-009
Abstract
This article analyses the implementation of European case
law at the bureaucratic frontline of European member
states. Theoretically, insights from street-level implementa-
tion studies are combined with judicial impact research.
Empirically, we compare how EU rules on free movement
and cross-border welfare are applied in practice in Den-
mark, Austria and France. We find that when applying EU
rules in practice, street-level bureaucrats are confronted
with a world of legal complexity, consisting of ambiguous
rules, underspecified concepts and a recent judicial turn by
the Court of Justice of the European Union. In order to
manage complexity, street-level bureaucrats turn to their
more immediate superiors for guidance. As a consequence,
domestic signals shape the practical application of EU law.
Despite bureaucratic discretion and many country differ-
ences, domestic signals create uniform, restrictive outcomes
of EU law in all three cases. Thus we show that there is con-
siderable room for politics in EU implementation processes.
1|INTRODUCTION
Free movement and equal treatment of European Union (EU) citizens are among the core principles of European
integration. If any further proof were needed, the Brexit referendum and its aftermath have demonstrated how polit-
ically salient these principles can become. However, despite their central role in European integration, little is known
about their application in practice and how the bureaucratic frontline ultimately decides on the scope and limits of
these rules.
Received: 15 November 2018 Revised: 14 February 2019 Accepted: 21 April 2019
DOI: 10.1111/padm.12603
814 © 2019 John Wiley & Sons Ltd Public Administration. 2019;97:814–828.wileyonlinelibrary.com/journal/padm
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