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Incorporation of EU law in administrative practices: interpretations of the bureaucratic mandate in complex political orders

Public Administration
Europeanisation through Law
Mixed Methods
Alicia Noellie Saes-Louarn
Universitetet i Oslo
Alicia Noellie Saes-Louarn
Universitetet i Oslo
Karin Hjorthen Zelano
Universitetet i Oslo

Abstract

In a multilevel order like the European Union (EU), national agencies are mandated to implement national policies while adhering to EU law. This article examines how top-level bureaucrats interpret and exercise their professional mandates in the everyday incorporation of EU law. The aim is to test and inform existing typologies of administrative behaviour in multilevel political orders. Utilising a mixed-method approach, including a 2023 survey of civil servants in Norway and interviews with top-level bureaucrats, the study theorises the link between individual interpretations of agency mandates and administrative outcomes. The findings suggest that bureaucrats perceive the incorporation of EU law as primarily instrumental, valuing discretion over control or strict political alignment. The research contributes to understanding compliance patterns in policy areas subject to EU law, especially in associated member states. The article highlights that, depending on the task and regulatory context, various administrative modes may lead to satisfactory outcomes in terms of legal certainty and EU law compliance.