Challenging compliance: A comparative study of the attitudes of four Member States regarding environmental directives and the explanatory power of past attitudes on future noncompliance to EU law

Why do Member States, that are similar in many aspects, still have varying levels of compliance? As current compliance theories are unable to answer this question a new theory has been developed that adds an historical aspect into compliance research: the challenging attitude approach. This theory proposes that earlier adopted attitudes by Member States, that range from agreeable to challenging, which they display before, during and after infringement proceedings, affect future compliance. Member States initially base these attitudes on a normative assumption about the importance of compliance to a policy field. For this research the Netherlands has been compared to Belgium, which yearly faces twice the amount of infringement proceedings as the Netherlands. Portugal has been to Spain, which faces from 10% more to twice the amount of infringement proceedings as Portugal. Their portrayed attitudes in regards to the Dangerous Substances Directive and the Birds Directive have been...Show moreWhy do Member States, that are similar in many aspects, still have varying levels of compliance? As current compliance theories are unable to answer this question a new theory has been developed that adds an historical aspect into compliance research: the challenging attitude approach. This theory proposes that earlier adopted attitudes by Member States, that range from agreeable to challenging, which they display before, during and after infringement proceedings, affect future compliance. Member States initially base these attitudes on a normative assumption about the importance of compliance to a policy field. For this research the Netherlands has been compared to Belgium, which yearly faces twice the amount of infringement proceedings as the Netherlands. Portugal has been to Spain, which faces from 10% more to twice the amount of infringement proceedings as Portugal. Their portrayed attitudes in regards to the Dangerous Substances Directive and the Birds Directive have been studied. This research showed, however, that Belgium did not adopt a challenging attitude more often than the Netherlands. Spain did adopt a challenging attitude more often than Portugal. There was also great variation displayed by Member States in adopted attitude per directive. However, there appears to be a correlation between adopted attitude and future compliance. More research is needed to make substantial claims about the challenging attitude approach.Show less

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Challenging compliance: A comparative study of the attitudes of four Member States regarding environmental directives and the explanatory power of past attitudes on future noncompliance to EU law