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2.1 The First Wave: Implementation and Institutional Efficiency

European integration scholars discovered the issue of implementation even later than this. Initially, the field focused almost exclusively on the supranational level. The debate between neo-functionalists and intergovernmentalists in essence revolved around the question of whether and to what extent nation states were willing to transfer crucial decision-making competences to the European level. When scholarly attention turned away from “grand bargains” and macro-level developments to an analysis of everyday decision-making, the underlying analytical approach did not change fundamentally. When looking at the interactions between supranational, national, subnational and societal actors in European policy-making, the focus still lay on the relative influence of these actors in bringing about European policy solutions. It was the Single Market Programme that acted as a stepping-stone to implementation studies in the EU context. The programme involved a raft of legislative measures whose even implementation was seen as a precondition for the completion and smooth functioning of a Europe-wide market until 1992. In the mid-1980s, these concerns gave rise to the first wave of EU-related implementation research. In theoretical terms, the main inspiration came from domestic implementation studies, most importantly from the top-down school (Pressman and Wildavsky 1973Bardach 1977van Meter and van Horn 1975Sabatier and Mazmanian 1981Mazmanian and Sabatier 1983). First-wave studies thus portrayed the domestic implementation of European law as a rather apolitical process whose success primarily depended on clearly worded provisions, effective administrative organisation and streamlined legislative procedures at the domestic level. At the same time, they also absorbed some of the insights of the bottom-up camp (Lipsky 1980Jump To The Next Citation PointHjern and Porter 1981Elmore 1982), stressing the need for involving all relevant domestic actors (such as parliaments, important interest groups, or subnational entities) in the preparation of the countries’ European negotiating position and for co-ordinating the negotiation and implementation tasks within domestic administrations, ideally by attaching responsibility for both phases of the policy cycle to one person (Ciavarini Azzi 1985Krislov et al. 1986Siedentopf and Ziller 1988Jump To The Next Citation PointSchwarze et al. 1990Jump To The Next Citation Point1991Jump To The Next Citation Point1993Jump To The Next Citation PointFrom and Stava 1993). The absence of a ‘political’ conceptualisation of the implementation process among first-wave studies to some extent may be explained by the disciplinary background of the authors, who mainly came from legal studies and administrative science. This disciplinary background is also the reason why some contributions with a first-wave focus continued to be published even after the research mainstream had moved on to other theoretical shores (Demmke 19941998Jump To The Next Citation Point2001Pappas 1995van den Bossche 1996Ciavarini Azzi 2000Bursens 2002).

Most of the first-wave studies covered transposition as well as application and enforcement. However, the authors did not draw a sharp distinction between legal incorporation and the later stages of the implementation process. Instead, the main explanatory variables for all stages were clearly stated policy objectives and the availability of a well-organised state apparatus. With regard to enforcement and application, the main conclusion was that “Community law, once it has been incorporated, is applied neither better nor worse than national law” (Ciavarini Azzi 1988Jump To The Next Citation Point: 199) since “street-level bureaucrats” (Lipsky 1980) and target actors are usually unaware of the European origins of a particular transposition law. However, the analysis of the domestic implementation of regulations revealed that specific problems occurred since the one-size-fits-all rules enshrined in EU regulations could not be adapted to specific domestic circumstances and traditions (Ciavarini Azzi 1988Jump To The Next Citation Point: 199).


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