European Rules as 'Law of the Land'? Towards Optimalisation of EU Member State Compliance
European Rules as 'Law of the Land'? Towards Optimalisation of EU Member State Compliance

Summary/Abstract: This paper deals with Member State compliance with EU rules, and explores how current structures and practises may be transformed and adapted so as to arrive at a situation where optimal effectiveness is ensured. It hereby differentiates between the various layers of public authority, and devotes special attention to two topics: a novel Dutch legal framework that strengthens the control of central government vis-à-vis subnational actors, and private enforcement as a means to greater rule observance. Lastly, it points to a number of negative ramifications of the dominant vision on the duties of Member States, and makes a case for a small but subtle paradigmatic shift: if EU rules are truly to be recognised as 'law of the land', there should remain room for 'diversity in unity' in their application, and for a broad representation of the interests of the many, instead of just the subjective interests of the few.

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