Implementation Deficit — Why Member States do not Comply with EU directives?

Lampinen, R; Uusikylä, Petri

doi:10.1111/j.1467-9477.1998.tb00014.x

Cited by 88 publications

(74 citation statements)

References 8 publications

(2 reference statements)

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“…In the 1990s, the European Union (EU) acknowledged a significant implementation deficit when it became clear that many states failed to comply with EU-level directives. Research on this subject has focused largely on the implementation of environmental legislation by individual countries (Bursens, 2002;Jordan, 1999;Lampinen & Uusikyla, 1998;Mastenbroek, 2005). Literature from both these periods can shed some light on how best to serve the goals of the WRP and improve implementation.…”

Section: Discussionmentioning

confidence: 99%

Tidelands Management: Implementation of the Massachusetts Public Waterfront Act

Portman¹

2006

Journal of Environmental Policy & Planning

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The Massachusetts Waterways Regulation Program (WRP) regulates the use of tidelands throughout the state's 1500 miles of coastline. The main goals of the program are the protection of public access and the promotion of water-dependent uses on tidelands. Although many states throughout the USA have similar regulations, the Massachusetts program is the oldest and one of the most developed. Despite its essential purpose, the long history of its enabling statute and extensive regulations, the WRP faces some obstacles, including an implementation deficit. Evolutionary and functional problems impact its effectiveness and are aggravated by the need to maintain costly compliance and enforcement efforts in the face of limited fiscal resources. This paper summarizes a research effort aimed at characterizing current challenges. The framework for discussion of the WRP challenges and case analysis draws on policy development studies and implementation research. Ways to strengthen the program are outlined that could benefit tidelands management programs with similar challenges.

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Section: Discussionmentioning

confidence: 99%

Tidelands Management: Implementation of the Massachusetts Public Waterfront Act

Portman¹

2006

Journal of Environmental Policy & Planning

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“…Most studies on compliance with European Community (EC) law, in which quantitative data are presented, use two types of data from the European Commission, namely data on infringement proceedings or Commission scoreboard data on transposition progress (e.g. Haas 1998;Lampinen and Uusikylä 1998;Bursens 2002). However, as these data have many shortcomings, it is not sufficient to assess the alleged transposition deficit (Mastenbroek 2005b).…”

Section: The Research Riddlesmentioning

confidence: 99%

“…Many existing quantitative studies on transposition (Lampinen and Uusikylä 1998;Giuliani 2003Giuliani , 2004Mastenbroek 2003) and infringement proceedings (Mbaye 2001;Börzel et al 2004;Sverdrup 2004b) have tested quite a heterogeneous set of explanatory variables. The choice seems to be somewhat haphazard and lacks theoretical coherence.…”

Section: Explaining Transposition Delays Sociological Institutionalismmentioning

confidence: 99%

“…The studies on compliance with EU law have produced quite a list of possible explanatory variables: corporatism (Lampinen and Uusikylä 1998;Mbaye 2001), number of veto players (Mbaye 2001;Giuliani 2003;Börzel et al 2004), bargaining power in the Council (Mbaye 2001), citizens' support for the EU (Lampinen and Uusikylä 1998;Mbaye 2001), the rule of law (Börzel et al 2004;Sverdrup 2004b) and so on. The results of these studies have been mixed.…”

Section: The Research Riddlesmentioning

confidence: 99%

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Mass production of law. routinization in the transposition of European directives: a sociological- institutionalist account

Berglund¹,

Gange²,

Waarden³

2006

Journal of European Public Policy

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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.

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“…In other words, administrative deficiency negatively impacts a timely and correct transposition of EU law (Coyle 1994;Lampinen/Uusikyla 1998;Mbaye 2001), and an inefficient administration fosters difficulties in its implementation and application (Börzel et al 2010;Hartlapp 2009). Accordingly, administrative shortcomings lead to transposition delays (Falkner et al 2005, 302).…”

Section: Other Factors Influencing Implementationmentioning

confidence: 99%

Member states’ opposition in the Council of the European Union and its impacts on the implementation of directives

Pircher

2017

ozp

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In the Council of the European Union (EU), a qualified majority is mostly required to adopt legislative acts. Based on this majority rule, individual member states can be outvoted and are subsequently obliged to implement the law. This article analyses whether opposition in the Council of the EU affects the transposition of directives into national law by using the example of Austria from 2000 to 2008. The results demonstrate that domestic factors, rather than a negative political attitude, were responsible for delays and procedures when implementing previously contested directives. However, the effects of opposition in the Council on implementation were particularly apparent in cases where there was a high degree of misfit between EU provisions and the domestic legal structure. Keywords SchlüsselwörterEuropäische Union, Rat der EU, oppositionelles Wahlverhalten, Österreich, Implementation von Richtlinien, rechtlicher Misfit Acknowledgements I would like to express my sincere thanks to all the interview partners for their time and the information they provided. This article presents the findings of a dissertation project conducted at the University of Vienna. I am grateful to my supervisor, Gerda Falkner, and my two reviewers and examiners, Heinrich Neisser and Andrea Lenschow, for their valuable comments and reviews in the process of completing the project. I would also like to thank the former members of the Institute for European Integration Research for their useful comments on an earlier version of this paper.The author has declared that no competing interests exist.

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Implementation Deficit — Why Member States do not Comply with EU directives?

Cited by 88 publications

References 8 publications

Tidelands Management: Implementation of the Massachusetts Public Waterfront Act

Tidelands Management: Implementation of the Massachusetts Public Waterfront Act

Mass production of law. routinization in the transposition of European directives: a sociological- institutionalist account

Member states’ opposition in the Council of the European Union and its impacts on the implementation of directives

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