The transposition of European law in EU member states: between process and politics

Steunenberg, Bernard; Rhinard, Mark

doi:10.1017/s1755773910000196

Cited by 53 publications

(92 citation statements)

References 44 publications

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“…At the same time, the field has seen a growing number of studies looking at multiple sectors (Steunenberg and Rhinard 2010;Haverland et al 2011) or with a truly crosssectoral scope (Perkins and Neumayer 2007;Toshkov 2008;König and Luetgert 2009;Börzel et al 2010). However, rather few of these studies have sought to test whether there are systematic crosssectoral differences in compliance patterns (but see Steunenberg and Rhinard 2010;Haverland et al 2011).…”

Section: Instruments Implementation Phases Countries and Policy Arementioning

confidence: 99%

“…If there is more than one law, scholars have to decide which of the laws they choose to determine the date of transposition. The largest project that has used this type of data decided to take the first law enacted after the adoption of the directive as the key law representing the date of transposition (Berglund et al 2006;Berglund 2009;Steunenberg and Rhinard 2010;Haverland et al 2011). This approach assumes the first law is the most important one, ignoring all laws that are adopted after this initial reaction.…”

Section: Measuring Compliancementioning

confidence: 99%

“…Thus, the distinction between Commission directives and Council directives or directives of the Council and the European Parliament was used as a proxy for the significance of different pieces of legislation. Indeed, several studies showed Commission directives caused less trouble in transposition than Council or Council/EP directives, presumably because Commission directives are of a more technical nature and thus imply less wideranging reform requirements (Mastenbroek 2003;Borghetto et al 2006;Borghetto and Franchino 2010;Kaeding 2006Kaeding , 2008aSteunenberg and Rhinard 2010;Haverland et al 2011;Spendzharova and Versluis 2013).…”

Section: Domestic Factors Related To Member States' Willingness To Comentioning

confidence: 99%

“…Among the few factors that seemed to find support in several quantitative analyses in the third wave are the various aspects of administrative capabilities such as administrative capacity (Mbaye 2001;Berglund et al 2006;Hille and Knill 2006;Kaeding 2006;Haverland and Romeijn 2007;Linos 2007;Perkins and Neumayer 2007;Berglund 2009;Knill and Tosun 2009;Börzel et al 2010) or administrative experience with transposing EU law (Berglund et al 2006;Kaeding 2006;Berglund 2009;Steunenberg and Rhinard 2010;Haverland et al 2011).…”

mentioning

confidence: 99%

“…These include four sectors, five member states and a time span of more than 20 years (Steunenberg and Rhinard 2010; see also Berglund et al 2006;Kaeding 2006Kaeding , 2007Kaeding , 2008aHaverland and Romeijn 2007). In this view, the varying transposition performance across cases is heavily influenced by different legal requirements and national or sectoral traditions concerning the type of legal instrument to be chosen for transposition.…”

mentioning

confidence: 99%

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Implementing and complying with EU governance outputs

Treib¹

2014

Living Rev. Euro. Gov.

176

202

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This essay takes stock of the literature on how European Union policies are being put into practice by the member states. It first provides an overview of the historical evolution of the field. After a relatively late start in the mid-1980s, the field has meanwhile developed into one of the growth industries within EU research. The paper identifies four waves of EU implementation scholarship, each with its own theoretical, empirical and methodological focus. In the second part, the review discusses the most important theoretical, empirical and methodological lessons to be drawn from existing studies. Four conclusions emanate from the analysis of existing EU implementation research. First, the literature has focused heavily on the transposition of EU directives, while comparatively little is known about issues of enforcement and application of both directives and regulations or about member states' reactions to negative integration. Second, scholars studying the transposition of directives seem to agree that we need to address factors that influence member states' willingness and capacities to comply. The main task to be accomplished by future research is to establish under what conditions which configurations of factors prevail, especially with regard to sectoral differences. Third, more energy needs to be devoted to systematic research on the phase of practical implementation, and this research should make more use of theoretical insights from domestic implementation research as well as from management and enforcement approaches. Fourth, quantitative transposition research will have to improve the data it uses to measure the dependent variable. Scholars should explore better data sources and invest more energy in collecting their own data on transposition timing and correctness. Research on application and enforcement, on the other hand, needs to go beyond case studies and instead search for or produce data with which the practical phase of implementation can be analysed on a broader, more comparative scale.

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