Overcoming a misfit: cas domestic preferences lead the way to compliance? An analysis of two theoretical approaches regarding EU compliance by the Netherlands, within the context of the revision of the TEN-T regulation (1315/2013/EU)

Abstract

In order to take on a faster pace towards sustainable transport within the European Union the TEN-T regulation (1315/2013/EU) is currently (July 2023) being revised. It is important that member states ensure compliance to facilitate effectiveness. An approach to explain EU compliance is the goodness of fit hypothesis. Mastenbroek and Kaeding (2006) state that the goodness of fit hypothesis can be neglected. Instead, they state that the domestic preferences could explain compliance. The domestic preferences would define the misfit, resulting in the ability to overcome a misfit. Therefore, the main research question reads: to what extent can Dutch domestic preferences overcome a misfit in the context of the (revised) TEN-T regulation? The data consist of documents and interviews. The analysis showed a large misfit. In terms of polity and policy misfit, this could indeed be overcome by domestic preferences. However, a technical misfit, which is not included in either of the approaches, turns out to be a large restrictive factor. The technical misfit limits the ability of domestic preferences to fully overcome a misfit within this context. Therefore, the statement by Mastenbroek and Kaeding requires a nuance. This is done so by adding the technical fit as a boundary condition.