Customizing Europe

posted Jul 23, 2015, 12:41 AM by Eva Thomann   [ updated Feb 26, 2020, 12:43 AM ]
The European Union (EU) was created to reconcile far-reaching economic integration with legitimate
differences in national pr
nces. Research on
the adoption of EU law by member states has typically focused on the question of (non-)compliance, but neglected the
more fine-grained differences between countries. However, even if compliance is given, then countries still differ considerably in the degree to which they adopt more and stricter rules than the EU. The adoption of divergent domestic policies, tailor-made to domestic circumstances, is an intended, widespread and neglected aspect of the European experience. This phenomenon, which I call "customization", is distinct from and has different explanations than compliance. A large-N study of customization patterns in 27 member states and two policy sectors shows that customization patterns are highly sector-specific and follow specific regulatory logics of EU policies. When only looking at patterns of (non-)compliance, we miss important variation in how member states interpret and adapt EU law. EU policies are rarely traced down the full implementation chain. We still hardly know, for instance, whether and how EU food safety policy actually matters for preventing or reducing antibiotic resistance.
In my research  I am interested in the implications of customized policies for how common policy problems, such as food safety in the European single market, are jointly, yet differently resolved in the EU. For example, I seek to understand whether transposing countries act in rational and opportunistic manners, according to institutionally embedded habits, or both when customizing EU law. Furthermore, how and why do functionally integrated non-members such as Switzerland customize relevant EU directives, as compared to EU countries? And how does how does the customization of EU food safety policy affect its successful implementation into practice?
I explored these questions in my postdoctoral research project "The customization of European Union directives: an international comparative inquiry",  funded by the Swiss National Science Foundation. I expanded on this research and broadened it to more policy fields and member states in another SNF-funded project titled "Policy Implementation in the Regulatory State: Assessing the problem-solving capacity of the European Union". This project entailed a number of collaborations, including Ellen Mastenbroek and Asya Zhelyazkova from Radboud University Nijmegen, and Jale Tosun from Heidelberg University. In Spring 2017, I spent four months at the Department of Political and Social Sciences at the European University Institute in Florence to work on my single-authored monograph on the topic.
In this book, titled  "Customized implementation of European Union food safety policy: United in diversity?" and published in Palgrave's International Series on Public Policy, I look at how five Western European countries (including Switzerland) customize EU food safety policies, and how that affects policy outcomes. As the first systematic comparative study of customization for the problem-solving capacity of the EU, this study sheds light on the differentiated role that customization plays as a problem-solving strategy for successful implementationTaken together, these results have implications for the EU's "better regulation" agenda. Particularly, the crucial element does not seem to be to avoid over-implementation at all costs, but to identify the conditions under which it can be reconciled with dynamics of Europeanization.
European integration implies a loss of sovereignty for nation states. The customization phenomenon relativizes the extent of this loss of control. It highlights similarities of member state implementation in the EU with other multilevel systems such as Switzerland, and paints a differentiated and realistic picture of European integration in practice. 
Read the blog post "Beyond legal compliance in EU multilevel implementation" to find out more about the related special issue in the Journal of European Public Policy, co-edited with Fritz Sager 

Current projects
I sit on the expert panel of the project “Implementing Network Codes” (INC), which investigates the role of customization and agencification in the implementation of EU energy legislation. The inquiry covers 5 countries’ implementation of detailed rules that regulate electricity trade (network codes and guidelines), as well as coordination thereof at regional and European levels. The project is funded by the Research Council of Norway (ENERGIX Programme) and led by Torbjørg Jevnaker.

Thomann, E. and A. Zhelyazkova. “I did it my way”: Customisation and practical compliance with EU policies. In progress.
Thomann, E. and A. Zhelyazkova. Forthcoming. Policy implementation. In: Jordan, A. and V. Gravey. Environmental Policy in the EU: Actors, institutions and processes. Routledge.

Related publications
Thomann, E. (2019). Customized implementation of European Union food safety policy: United in diversity? Palgrave Macmillan, International Series on Public Policy. Winner of the 2019 IPPA best book award
Thomann, E., Trein, P. and M. Maggetti. 2019. What’s the problem? Multilevel governance and problem-solving. Symposium in European Policy Analysis.
Trein, P., Thomann, E. and M. Maggetti. 2019. Integration, functional differentiation and problem-solving in multilevel governance: a comparative perspective. Symposium in Public Administration.
Thomann, E. and A. Zhelyazkova. 2017. Moving beyond (non-)compliance: the customization of European Union policies in 27 countries. Journal of European Public Policy, DOI: 10.1080/13501763.2017.1314536.
Thomann, E. and F. Sager. 2017. Moving beyond legal compliance: Innovative approaches to EU multi-level implementation. Journal of European Public Policy, DOI:10.1080/13501763.2017.1314541.
Thomann, E. and F. Sager. 2017. Toward a better understanding of implementation performance in the EU multi-level system. Journal of European Public Policy, DOI: 10.1080/13501763.2017.1314542.
Thomann, E. 2015. Customizing Europe: Transposition as bottom-up implementation. Journal of European Public Policy 22(10): 1368-1387.
Sager, F., Thomann, E., Zollinger, C. and C. Mavrot. 2014. Confronting theories of European integration: A comparative congruence analysis of veterinary drugs regulations in five countries. Journal of Comparative Policy Analysis: Research and Practice 16(5):457-474.