Europeanization Through Law, Compliance, and Party Differences – The ECJ’s ‘Rüffert’ Judgment (C-346/06) and Amendments to Public Procurement Laws in German Federal States

In comparing the amendments to public procurement laws after the ECJ’s ‘Rüffert’ judgment (European Court of Justice 2008, C-346/06) the paper explores the compliance to Europeanization through law in the 16 German federal states. Instead of unilinear convergence, three types of reactions were identified. First, conservative-liberal governments rescinded the respective regulation. Thus, they dismantled their policy. Second, conservative governments that were susceptible to the pressures from small- and medium-sized business associations absorbed the effects of the ECJ ruling by enacting quick and minor amendments.

Third, social democrat led governments tended to seek out policy alternatives that were consistent with European law. These governments engaged in EU-induced policy expansion, eventually setting up new procurement laws that included a number of social and environmental standards. Therefore, the case study at hand confirms studies of Europeanization that highlight the re-assertion of party differences which depends on both fundamental programmatic differences as well as plurality of European law.