Does the EU stifle voluntary policy transfer? A study of the introduction of freedom of information in Portugal and Ireland

Traditionally, policy transfer within Europe has taken place in the form of bilateral voluntary transfer within ‘families of nations’. The creation of binding international regimes, in particular the adoption of binding EU policies, has increased instances of multilaterally obligated transfer in Europe. However, very little research has been carried out on the interaction between these two types of transfers. This paper starts from the assumption that a binding EU policy of ambiguous nature and/or with a limited scope of application creates policy space for additional voluntary transfers in member states. Evidence on the implementation of the 1990 Access to Environmental Information Directive in Portugal and Ireland is used to illustrate that three different modes of combining voluntary and obligated transfers may be used. There is, however, no ideal solution since the three modes (hybridization, fragmentation and sub-regimes) create different types of costs and benefits.