This paper assesses the claim that there is a problem with delayed transposition of directives within the EU, using a new dataset on the transposition of directives in the fields of utilities and food safety regulation in the Netherlands, Germany, the UK, Spain and Greece. This dataset overcomes most of the problems that have plagued previous data. In 65 per cent of the cases transposition was delayed, and the average delay was seven months. There is thus indeed a problem with delayed transposition. In order to explain this problem, a sociological institutionalist approach is used. The findings point to the importance of administrative routinization. Whether or not transposition is accomplished with little delay depends on whether there are administrative departments with the explicit task to specialize in transposition, and whether they have had the time and resources to develop routines or standard operating procedures for doing so.
Can a Member State choose to leave the European Union (EU)? Are there provisions in the Treaties that establish a right to withdraw? What would the political and economic implications be? In this article, these questions are addressed. In a first step, the Treaties of the EU and the provisions of international law are consulted in order to clarify if a legal right to withdraw exists. The conclusion is that there is no guaranteed legal right to withdraw in the current situation, but the entering into force of the Treaty establishing a Constitution for Europe would create such a right. However, a formal right to withdraw does not necessarily mean that leaving the EU is a real option, and therefore the political and economic sides of the issue are also examined. From the literature on secession and Europeanization, a number of issues that could arise in a case of withdrawal are identified – namely ‘fear of fragmentation’, ‘lost investment’, ‘costs’ and ‘the effects of Europeanization’. The extent to which these issues were of importance is examined in the only existing case of withdrawal: Greenland. Subsequently, an assessment is made of the extent to which these issues could form obstacles for a Member State that wishes to withdraw in the current situation. The main conclusion is that large economic costs and the constitutional changes that follow from EU membership could rule out withdrawal as a realistic option.
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.