Worlds of compliance: Why leading approaches to European Union implementation are only 'sometimes-true theories'

Abstract.  This article summarises the main theoretical findings of a large-scale qualitative project on the transposition, enforcement and application of six European Union labour law Directives in 15 Member States. Focusing on the transposition stage, its argument starts from a theoretical puzzle: When confronting the empirical results from the 91 cases covered in the article with the various hypotheses derived from the literature, it turns out that all causal conditions suggested by existing theories, and even two of the most prominent hypotheses (on misfit and veto players), have at best rather weak explanatory power. On closer inspection, these qualitative studies show that even their basic rationale does not hold in some groups of countries. As a solution, this article offers a typology of three worlds of compliance, each of which is characterised by an ideal-typical transposition style: a 'world of law observance', a 'world of domestic politics' and a 'world of transposition neglect'. This typology provides the key to understanding when and how individual theoretical propositions are relevant.     

CONSTITUTIONAL REFORM IN UGANDA: THE NEW APPROACH

The article examines the constitution-making process in Uganda,from the days when Museveni's National Resistance Movement conductedits guerrilla campaign, declaring its intention to re-establishdemocracy with a new constitution. It considered that Uganda'scycle of violence in the past sprang from the lack of a goodconstitution and much store was placed on constitutionalismas a panacea. Accordingly, a constitutional commission was setup to consult the people and make proposals for a new constitution.The article examines how far this was a genuine attempt to consultwidely, or whether the government ‘guidelines’ wereintended to steer the discussion along pre-determined lines,and at a deliberately slow pace. The constitution itself isseen to contain some valuable improvements on previous constitutionsbut also to safeguard and preserve the existing ideology ofthe National Resistance Movement as far as possible.     

SELF-CONTROL IN A CRIMINAL SAMPLE: AN EXAMINATION OF CONSTRUCT VALIDITY*

Favorable evidence on the validity of the Grasmick et al. (1993) self-control scale has been reported in studies using general population samples. However, the scale has never been tested among persons extensively involved in crime. We assessed the construct validity of this scale, slightly revised, in a heterogeneous sample of drug-using criminal offenders. Factor analyses identified five subscales, mostly congruent with existing formulations of the self-control construct. Also, recent crimes of force and fraud were more frequent among people scoring lower on self-control. However, the five-factor solution was not tenable among women, and the scale was no more closely related to crime than were three subscales representing more specific constructs already established in criminology.     

PAROLEE RECIDIVISM IN CALIFORNIA: THE EFFECT OF NEIGHBORHOOD CONTEXT AND SOCIAL SERVICE AGENCY CHARACTERISTICS*

We studied a sample of reentering parolees in California in 2005–2006 to examine whether the social structural context of the census tract, as well as nearby tracts, along with the relative physical closeness of social service providers affects serious recidivism resulting in imprisonment. We found that a 1 standard deviation increase in the presence of nearby social service providers (within 2 miles) decreases the likelihood of recidivating 41 percent and that this protective effect was particularly strong for African American parolees. This protective effect was diminished by overtaxed services (as proxied by potential demand). We found that higher concentrated disadvantage and social disorder (as measured by bar and liquor store capacity) in the tract increases recidivism and that higher levels of disadvantage and disorder in nearby tracts increase recidivism. A 1 standard deviation increase in the concentrated disadvantage of the focal neighborhood and the surrounding neighborhoods increases the likelihood of recidivating by 26 percent. The findings suggest that the social context to which parolees return (both in their own neighborhood and in nearby neighborhoods), as well as the geographic accessibility of social service agencies, play important roles in their successful reintegration.     

DOES POLITICAL CHANGE AFFECT SENIOR MANAGEMENT TURNOVER? AN EMPIRICAL ANALYSIS OF TOP‐TIER LOCAL AUTHORITIES IN ENGLAND

In many political systems the political neutrality of senior managers' tenure is often cherished as a key part of the politics-administration dichotomy and is subject to formal safeguards. We test hypotheses about the impact of political change on senior management turnover drawn from political science, public administration and private sector management theory. Using panel data to control for unobserved heterogeneity between authorities, we find that changes in political party control and low organizational performance have both separate and joint positive effects on the turnover rate of senior managers. By contrast, the most senior manager, the chief executive, is more sheltered: the likelihood of a chief executive succession is higher only when party change and low performance occur together. Thus the arrival of a new ruling party reduces the tenure of senior managers, but chief executives are vulnerable to political change only when performance is perceived as weak.