Beyond compliance – the Europeanization of Member States through Negative Integration and Legal Uncertainty

Abstract

Europeanization –that is the domestic impact of European integration on member states– is rightly attracting increasing attention, given the extent to which European integration determines domestic policies. However, the debate on Europeanization focuses predominantly on the conditions for successful compliance with European secondary law. This note argues that this focus captures insufficiently the implications of member states being part of a multilevel system. It is largely overlooked how negative integration (market-making) and legal uncertainty about the implications of European law constrains domestic policy-making.