When Compromise Becomes Standoff: Joint Implementation and the Case of the European Public Prosecutor's Office

ABSTRACT This article explores endogenous problems of joint implementation in multi‐level systems. Focusing on the European Public Prosecutor's Office (EPPO), we theorize a causal mechanism of conflict deferral, whereby contentious negotiations are resolved through deliberately ambiguous legislation that postpones conflict to the implementation stage. Under conditions of joint implementation, where multiple authorities exercise interdependent enforcement powers, such ambiguity produces standoffs: situations of overlapping and incompatible jurisdictional claims over the same implementing action. Empirically, we apply theory‐testing process tracing to two conflicts involving the EPPO: vertical conflicts over competence between EU and national authorities, and horizontal conflicts in cross‐border investigations. Drawing on official documents, case law, and interviews, we show how legislative compromises locked in unresolved conflicts that systematically resurfaced during implementation. The article advances research on joint implementation by specifying the micro‐mechanisms linking legislative conflict to implementation dysfunctions and by conceptualizing standoff as a distinct implementation outcome in multi‐level governance.

Authors

Institutions

Publication Details

Journal
Governance
Published
2026-06-25
DOI
https://doi.org/10.1111/gove.70138
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
0.00

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

When Compromise Becomes Standoff: Joint Implementation and the Case of the European Public Prosecutor's Office

Marta Migliorati, Adina Akbik, Ana Bobić, Christian Freudlsperger
Governance
European Criminal Justice and Data Protection
article

When Compromise Becomes Standoff: Joint Implementation and the Case of the European Public Prosecutor's Office

Marta Migliorati, Adina Akbik, Ana Bobić, Christian Freudlsperger
article en

Abstract

ABSTRACT This article explores endogenous problems of joint implementation in multi‐level systems. Focusing on the European Public Prosecutor's Office (EPPO), we theorize a causal mechanism of conflict deferral, whereby contentious negotiations are resolved through deliberately ambiguous legislation that postpones conflict to the implementation stage. Under conditions of joint implementation, where multiple authorities exercise interdependent enforcement powers, such ambiguity produces standoffs: situations of overlapping and incompatible jurisdictional claims over the same implementing action. Empirically, we apply theory‐testing process tracing to two conflicts involving the EPPO: vertical conflicts over competence between EU and national authorities, and horizontal conflicts in cross‐border investigations. Drawing on official documents, case law, and interviews, we show how legislative compromises locked in unresolved conflicts that systematically resurfaced during implementation. The article advances research on joint implementation by specifying the micro‐mechanisms linking legislative conflict to implementation dysfunctions and by conceptualizing standoff as a distinct implementation outcome in multi‐level governance.

GovernanceVol. 39(3)
Leiden University (NL), University of Applied Sciences Leiden (NL), Hertie School (DE), ETH Zurich (CH)
Deutsche Forschungsgemeinschaft, Schweizerischer Nationalfonds zur Förderung der Wissenschaftlichen Forschung
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
European Criminal Justice and Data Protection
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.