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Participation through Enforcement. The Case of the European Union
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P
ARTICIPATION
THROUGH
L
AW
E
NFORCEMENT
T
HE
C
ASE
OF
THE
E
UROPEAN
U
NION
*
Tanja A. Börzel
Free University of Berlin
Paper prepared for presentation at the annual convention of the American Political Science Association, Washington, D.C., September 1-4, 2005.
Abstract
This article provides a comparative framework for understanding processes of decentralized law enforcement in the European Union (EU). In particular, the analysis proposes how decentralized EU law enforcement mechanisms can increase opportunities for participation of citizens and firms, but only if they possess domestic courts access and sufficient resources to use it. The article undertakes a systematic analysis of non-compliance with EU environmental law to examine this dynamic. The findings reveal a major paradox for the enforcement of EU law: the empowerment of the already powerful. This paradox has major implications for the potential of expanding judicial power in the EU and at the international level to bring more democracy to international politics.
* Acknowledgements
I am thankful to Rachel Cichowski, Christine Ingebritsen, James Caporaso, and the anonymous reviewer of CPS for helpful comments and criticism on earlier versions of this paper.
Prof. Dr. Tanja A. BörzelChair of European IntegrationOtto-Suhr-Institute for Political Science Free University of Berlin Ihnestr. 22D-14195 BerlinTel: +49-(0)30 838 54830Fax: +49-(0)30 838 55049Email: ## email not listed ## http://www.fu-berlin.de/europa
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P
ARTICIPATION
THROUGH
L
AW
E
NFORCEMENT
T
HE
C
ASE
OF
THE
E
UROPEAN
U
NION
*
Tanja A. Börzel
Free University of Berlin
Paper prepared for presentation at the annual convention of the American Political Science
Association, Washington, D.C., September 1-4, 2005.
Abstract
This article provides a comparative framework for understanding processes of decentralized law
enforcement in the European Union (EU). In particular, the analysis proposes how decentralized
EU law enforcement mechanisms can increase opportunities for participation of citizens and firms,
but only if they possess domestic courts access and sufficient resources to use it. The article
undertakes a systematic analysis of non-compliance with EU environmental law to examine this
dynamic. The findings reveal a major paradox for the enforcement of EU law: the empowerment
of the already powerful. This paradox has major implications for the potential of expanding
judicial power in the EU and at the international level to bring more democracy to international
politics.
* Acknowledgements
I am thankful to Rachel Cichowski, Christine Ingebritsen, James Caporaso, and the anonymous
reviewer of CPS for helpful comments and criticism on earlier versions of this paper.
Prof. Dr. Tanja A. Börzel
Chair of European Integration
Otto-Suhr-Institute for Political Science
Free University of Berlin
Ihnestr. 22
D-14195 Berlin
Tel: +49-(0)30 838 54830
Fax: +49-(0)30 838 55049
Email: ## email not listed ##
http://www.fu-berlin.de/europa
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