[THESIS DEFENSE] Theodoros Karathanasis - "Member States Confronted with EU-Based Rules in the Field of Cybersecurity, The Effectiveness of Directive (EU) 2016/1148"

on the November 10, 2022

The defence will take place at 1pm (UTC+2) on Thursday, November 10, 2022.
G. Peiser room at the Faculty of Law, 1133 rue des Résidences, 38400 Saint Martin d'Hères, France
Theodoros Karathanasis will defend his Phd Thesis entitled "Member States Confronted with EU-Based Rules in the Field of Cybersecurity, The Effectiveness of Directive (EU) 2016/1148" supervised by Fabien Terpan, Lecturer at Sciences Po Grenoble.


Directive 2016/1148 (known as the NIS Directive) is the first normative approach of the European Union calling on Member States to address the digital network security challenges collectively and globally in several key areas (namely energy, transport, banking, stock exchanges, and digital services providers, public administrations etc.), while underlining the need for a coherent EU cyber-friendly international policy. The NIS Directive came into force in August 2016. Member States had 21 months, until May 9th, 2018, to transpose the Directive into national law and had an additional 6 months to identify the Operators of Essential Services. Despite progress made by EU Members states in adopting their national strategy on the security of network and information systems, the transposition of the NIS directive across the EU offers a fragmented landscape.

The present thesis attempts, from a case study – the NIS directive – to contribute to current studies on the effectiveness of European directives and more generally on integration through the law, as well as to shed more light on the reasons why the Member States transpose directives in many different ways. The added value of this thesis lies in the analysis and comparison of the NIS Directive's transposition process across six national regulatory frameworks, those of Finland, France, Greece, Ireland, Luxembourg, and Poland in order to identify the degree of adjustment of the content of the NIS directive to national contexts. Considering that this adjustment takes place through the discretionary use of the regulatory leeway granted by the NIS Directive to the Member States of the Union, a research framework has been established with specific criteria on the basis of which the evaluation was carried out. For assessing the discretionary use of the regulatory leeway by Finland, France, Greece, Ireland, Luxembourg and Poland three hypothesis have been tested related to the degree of policy misfit, of institutional misfit and the administrative effectiveness. What emerges from this research is that the more European directives offer regulatory leeway to EU Member States, the more the national governments will use this discretionary power granted by the directives to adapt supranational policies to national contexts, affecting thus the harmonization of national legal frameworks.

Defense jury

  • Karinne BANNELIER-CHRISTAKIS - Lecturer Grenoble Alpes University (Examiner)
  • Paul James CARDWELL - Professor King's College London (Rapporteur)
  • Gaëlle MARTI - Professor Jean Moulin University - Lyon 3, (Examiner)
  • Juan Santos VARA - Professor University Of Salamanca (Rapporteur)

Published on March 28, 2023

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