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Article Dans Une Revue West European Politics Année : 2020

Soft and hard law in times of crisis

Résumé

European integration is associated with the idea of an ‘ever closer Union’, achieved in part through ‘integration-through-crisis’. However, while crises have led to higher regulatory pressure, responses to these crises have not always taken the form of stronger commitments and legally binding rules. Based on the study of three policy areas recently affected by crises, this article aims at analysing why in one of these policies (migration) more soft rules have been adopted, while the two other policies have evolved towards a greater use of hard law (budget monitoring, cybersecurity). Three potential explanations are analysed: the intensity of crises impacting political systems; the quality of prior norms and their (perceived) implementation; the entrepreneurship and heterogeneity of the coalition. Although all of these factors have explanatory powers, the capacity of policy entrepreneurs to build a large coalition appears to be the central explanation.
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Dates et versions

hal-02612400 , version 1 (19-05-2020)

Identifiants

Citer

Fabien Terpan, Sabine Saurugger. Soft and hard law in times of crisis: budget monitoring, migration and cybersecurity. West European Politics, 2020, Normative Transformations in the European Union: On Hardening and Softening Law, 1, pp.21-48. ⟨10.1080/01402382.2020.1738096⟩. ⟨hal-02612400⟩
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