This analysis explores how civil servants justify discretion in applying EU law, highlighting governance legitimacy implications.
While much research on governance examines how bureaucratic discretion is exercised, this article investigates how civil servants construct legitimacy when justifying their discretion in applying EU law. In multilevel governance systems, discretionary interpretation shifts elements of authority away from elected actors, making justification central to sustaining administrative legitimacy. Drawing on elite interviews with senior Norwegian officials in the energy, environmental, and financial sectors, the study identifies four ideal-type justificatory logics: (i) technical neutrality, (ii) legal EU compliance, (iii) political responsiveness, and (iv) technocratic nationalism. The analysis shows that officials do not see themselves as passive EU implementers. They justify discretion through professional expertise and democratic accountability, and, in politically sensitive situations, by presenting expertise as a way to defend national interests. Sectoral variation is influenced by issue salience, legal ambiguity, and perceived conflict between EU obligations and domestic priorities. In contexts of constrained sovereignty, a distinctive discourse appears, technocratic nationalism, where compliance is reframed as an act of responsible national guardianship. The article contributes to scholarship on bureaucratic roles, Europeanisation, and legitimacy by demonstrating that discretion is not only exercised but discursively constructed and rendered acceptable through structured justificatory practices in multilevel governance.
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Alicia Noëllie Saes-Louarn (2026) studied this question.
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