No Space for Constructivism? A Critical Appraisal of European Compliance Research

Abstract

This article aims at critically reviewing the European compliance literature. As this literature is dominated by a rational and positivist understanding of norm adherence primarily emphasizing domestic implementation costs, administrative capacities or external incentives during EU enlargement, this paper reinvigorates a constructivist epistemology of norm compliance in contrast to the analytical limitations of the rational approach.

Key words:

• Compliance
• rationalism
• constructivism
• European integration
• Central Eastern Europe

Acknowledgments

I thank Guido Schwellnus and Timofey Agarin for their insightful comments on an early draft of this paper.

Notes

¹ ‘Nothing is truthful without its counterpart’. Martin Walser is a German novelist. Interview Martin Walser Frankfurter Allgemeine Zeitung 10 Sep. 2007.

² In most but not all cases the external incentives model explores the impact of superior external incentives against domestic compliance costs but it also accommodates for cases in which domestic conditions are favourable. These are seen as ‘easy’ cases of ‘self-socialization’ (Schimmelfennig, 2000, p. 133).

³ For a set of conditions under which persuasion is assumed to work see Checkel (2005a, p. 813).

⁴ While the compliance research is mostly treating administration as apolitical norm executors the literature on policy implementation has a taken a more sophisticated stance under the rubric of bottom up concepts it does assign implementing agencies a greater role. However, the compliance and public policy implementation literature are only very loosely connected.