This paper illuminates a critical stage of the implementation of European law: the transposition of European Union (EU) directives. Directives must be transposed into national policies in order to give effect to European law, yet most national authorities experience considerable transposition difficulties. For this reason, the study of transposition has become a focal point within the broader research agenda on noncompliance in the European Union. Highlighting several popular explanatory variables but noting the sometimes contradictory results that follow from empirical testing, this paper outlines an approach that views transposition as a process taking place largely within ministerial agencies rather than across government systems. By using variables related to these domestic processes in our empirical analysis, the paper shows how such an approach can help to explain the way in which member states transpose EU directives.
This article addresses the question of whether European integration leads to convergence in the domestic policies of the member states of the European Union. Some recent studies claim that as a result of European integration the national policies of the member states are becoming more alike. The existence of various exemptions and `flexibility' arrangements in the revisions of the Treaty of Rome as well as problems with implementation seem to contradict this view. In this article we offer a model based on insights from game theory and analytical politics, which aims to explain the conditions under which convergence may occur and the limitations of this process at the legislative and implementation stages of European policy making.
Transposition performance differs significantly across countries and policy sectors in the EU. In this article we analyse the transposition efforts of all 27 member states with regard to four EC directives expected to create considerable difficulties for compliance at the national level. Using Cox proportional hazards regression, we find that discretion and legal fit are significant factors in explaining transposition. Furthermore, we discover that the new member states from Central and Eastern Europe are not doing any worse than the rest of the EU in terms of transposition timeliness. Surprisingly, government effectiveness has a negative relationship with compliance, while periods of absence of functioning government do not increase transposition time. Our findings emphasize the importance of legal-administrative factors for compliance with EU law.
The aim of this article is to explain the speed with which Member States transpose EC directives in the maritime sector. By discussing earlier work, the focus is on explanatory factors related to the contents of the directive that needs to be transposed and the context within which national transposition takes place. The authors' expectations have been tested using data across seven Member States and 32 maritime directives. Using survival analysis based on Cox regression, several political‐administrative and legal factors are identified that have an impact on the speed of transposition. The political sensitivity of the directive and the total number of national implementing measures lengthens the duration of transposition, while the degree of specialisation of the directive, the use of package law and experience speed up transposition. The authors also find that the impact of some of these explanatory factors changes over time. This underscores the importance of taking time seriously and to explore time dependency in further theoretical work on explaining policy‐making processes.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.