Josephine Hartmann gives presentation at international conference on EU politics
On 16 September 2012 Josephine Hartmann gave a presentation during a panel session on compliance with EU law taking place within Sixth Pan-European Conference on EU Politics the at the University of Tampere, Finland.
Josephine’s presentation dealt with the role taken by discretion within national transposition processes of EU directives. Discretion provided for by EU primary law (article 288 of the Treaty on the Functioning of the European Union) and coming to the fore in EU directives - for example in European Union harmonization legislation - has been identified as one important factor impacting national transposition. However, it has so far hardly been studied in-depth. Josephine made clear that discretion in the context of transposing EU directives should be studied across disciplines and that insights taken from sub-disciplines of the legal and social sciences can shed additional light on discretion. According to Josephine the scientific discourse shows amongst others that discretion can have a facilitating impact on the application of (EU) law and that it thus can contribute to producing legitimacy of EU directives at the national level. Josephine furthermore dealt with the relationship between discretion and legitimacy in more detail as this issue has so far remained quite underexposed. She concluded her presentation by making suggestions as to how discretion margins of EU directives can be assessed. This is a vital aspect of her dissertation in which she seeks to answer the question whether or not higher discretion margins provided by directives can have positive effects on both the transposition and legitimacy of EU directives.
The conference was organized by the Standing Group on the European Union (SGEU) of the European Consortium for Political Research (ECPR).