IDEAS home Printed from https://ideas.repec.org/a/sae/eeupol/v14y2013i1p46-69.html
   My bibliography  Save this article

Non-conformable, partial and conformable transposition: A competing risk analysis of the transposition process of directives in the EU15

Author

Listed:
  • Thomas König
  • Lars Mäder

Abstract

Although member states are obliged to transpose directives into domestic law in a conformable manner and receive considerable time for their transposition activities, we identify three levels of transposition outcomes for EU directives: conformable, partially conformable and non-conformable. Compared with existing transposition models, which do not distinguish between different transposition outcomes, we examine the factors influencing each transposition process by means of a competing risk analysis. We find that preference-related factors, in particular the disagreement of a member state and the Commission regarding a directive’s outcome, play a much more strategic role than has to date acknowledged in the transposition literature. Whereas disagreement of a member state delays conformable transposition, it speeds up non-conformable transposition. Disagreement of the Commission only prolongs the transposition process. We therefore conclude that a stronger focus on an effective sanctioning mechanism is warranted for safeguarding compliance with directives.

Suggested Citation

  • Thomas König & Lars Mäder, 2013. "Non-conformable, partial and conformable transposition: A competing risk analysis of the transposition process of directives in the EU15," European Union Politics, , vol. 14(1), pages 46-69, March.
    • Handle: RePEc:sae:eeupol:v:14:y:2013:i:1:p:46-69
    DOI: 10.1177/1465116512447703
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1177/1465116512447703
    Download Restriction: no
    File URL: https://libkey.io/10.1177/1465116512447703?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. König, Thomas & Luetgert, Brooke, 2009. "Troubles with Transposition? Explaining Trends in Member-State Notification and the Delayed Transposition of EU Directives," British Journal of Political Science, Cambridge University Press, vol. 39(1), pages 163-194, January.
    2. Miriam Hartlapp & Gerda Falkner, 2009. "Problems of Operationalization and Data in EU Compliance Research," European Union Politics, , vol. 10(2), pages 281-304, June.
    3. Tallberg, Jonas, 2002. "Paths to Compliance: Enforcement, Management, and the European Union," International Organization, Cambridge University Press, vol. 56(3), pages 609-643, July.
    4. Bernard Steunenberg, 2006. "Turning Swift Policy-making into Deadlock and Delay," European Union Politics, , vol. 7(3), pages 293-319, September.
    5. Versluis, Esther, 2004. "Explaining Variations in Implementation of EU Directives," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 8, November.
    6. Perkins, Richard & Neumayer, Eric, 2007. "Do membership benefits buy regulatory compliance?: an empirical analysis of EU directives 1978-1999," LSE Research Online Documents on Economics 3057, London School of Economics and Political Science, LSE Library.
    7. Kaufmann, Daniel & Kraay, Aart & Mastruzzi, Massimo, 2006. "Governance matters V: aggregate and individual governance indicators for 1996 - 2005," Policy Research Working Paper Series 4012, The World Bank.
    8. Carrubba, Clifford J. & Gabel, Matthew & Hankla, Charles, 2008. "Judicial Behavior under Political Constraints: Evidence from the European Court of Justice," American Political Science Review, Cambridge University Press, vol. 102(4), pages 435-452, November.
    9. Thomson, Robert & Torenvlied, René & Arregui, Javier, 2007. "The Paradox of Compliance: Infringements and Delays in Transposing European Union Directives," British Journal of Political Science, Cambridge University Press, vol. 37(4), pages 685-709, October.
    10. Richard Perkins & Eric Neumayer, 2007. "Do Membership Benefits Buy Regulatory Compliance?," European Union Politics, , vol. 8(2), pages 180-206, June.
    11. Keele, Luke, 2010. "Proportionally Difficult: Testing for Nonproportional Hazards in Cox Models," Political Analysis, Cambridge University Press, vol. 18(2), pages 189-205, April.
    12. Licht, Amanda A., 2011. "Change Comes with Time: Substantive Interpretation of Nonproportional Hazards in Event History Analysis," Political Analysis, Cambridge University Press, vol. 19(2), pages 227-243, April.
    13. Franchino, Fabio, 2004. "Delegating Powers in the European Community," British Journal of Political Science, Cambridge University Press, vol. 34(2), pages 269-293, April.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Thomas König & Bernd Luig, 2014. "Ministerial gatekeeping and parliamentary involvement in the implementation process of EU directives," Public Choice, Springer, vol. 160(3), pages 501-519, September.
    2. Baerg, Nicole Rae & Hallerberg, Mark, 2014. "Rule Bending in International Organizations: Explaining Instability in the Stability and Growth Pact," MPRA Paper 18084, University Library of Munich, Germany.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Robert Thomson, 2010. "Opposition through the back door in the transposition of EU directives," European Union Politics, , vol. 11(4), pages 577-596, December.
    2. Dimiter Toshkov, 2008. "Embracing European Law," European Union Politics, , vol. 9(3), pages 379-402, September.
    3. Lauren Peritz, 2018. "Obstructing integration: Domestic politics and the European Court of Justice," European Union Politics, , vol. 19(3), pages 427-457, September.
    4. Asya Zhelyazkova & Nikoleta Yordanova, 2015. "Signalling ‘compliance’: The link between notified EU directive implementation and infringement cases," European Union Politics, , vol. 16(3), pages 408-428, September.
    5. Joshua C Fjelstul, 2019. "The evolution of European Union law: A new data set on the Acquis Communautaire," European Union Politics, , vol. 20(4), pages 670-691, December.
    6. Carsten Hefeker & Michael Neugart, 2016. "Policy deviations, uncertainty, and the European Court of Justice," European Journal of Law and Economics, Springer, vol. 42(3), pages 547-567, December.
    7. Daniel Finke, 2020. "At loggerheads over state aid: Why the Commission rejects aid and governments comply," European Union Politics, , vol. 21(3), pages 474-496, September.
    8. Miriam Hartlapp & Gerda Falkner, 2009. "Problems of Operationalization and Data in EU Compliance Research," European Union Politics, , vol. 10(2), pages 281-304, June.
    9. Asya Zhelyazkova & René Torenvlied, 2009. "The Time-Dependent Effect of Conflict in the Council on Delays in the Transposition of EU Directives," European Union Politics, , vol. 10(1), pages 35-62, March.
    10. Tosun, Jale, 2011. "When the grace period is over: Assessing the new Member States' compliance with EU requirements for oil stockholding," Energy Policy, Elsevier, vol. 39(11), pages 7156-7164.
    11. Fabio Franchino & Camilla Mariotto, 2021. "Noncompliance risk, asymmetric power and the design of enforcement of the European economic governance," European Union Politics, , vol. 22(4), pages 591-610, December.
    12. Thomas König & Bernd Luig, 2017. "The impact of EU decision-making on national parties’ attitudes towards European integration," European Union Politics, , vol. 18(3), pages 362-381, September.
    13. Denise Carolin Hübner, 2016. "The ‘National Decisions’ database (Dec.Nat): Introducing a database on national courts’ interactions with European Law," European Union Politics, , vol. 17(2), pages 324-339, June.
    14. Thomas König & Bernd Luig, 2014. "Ministerial gatekeeping and parliamentary involvement in the implementation process of EU directives," Public Choice, Springer, vol. 160(3), pages 501-519, September.
    15. Ellen Mastenbroek & Tim Veen, 2008. "Last Words on Delegation?," European Union Politics, , vol. 9(2), pages 295-311, June.
    16. Rik Joosen & Asya Zhelyazkova, 2022. "How Do Supranational Regulators Keep Companies in Line? An Analysis of the Enforcement Styles of EU Agencies," Journal of Common Market Studies, Wiley Blackwell, vol. 60(4), pages 983-1000, July.
    17. Christophe Crombez & Pieterjan Vangerven, 2014. "Procedural models of European Union politics: Contributions and suggestions for improvement," European Union Politics, , vol. 15(2), pages 289-308, June.
    18. Michael Kaeding, 2008. "Lost in Translation or Full Steam Ahead," European Union Politics, , vol. 9(1), pages 115-143, March.
    19. Jana Paasch, 2022. "Revisiting Policy Preferences and Capacities in the EU: Multi‐level policy implementation in the subnational authorities," Journal of Common Market Studies, Wiley Blackwell, vol. 60(3), pages 783-800, May.
    20. Aziz Z. Huq, 2016. "The Predicates of Military Detention at Guantánamo: The Role of Individual Acts and Affiliations," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(4), pages 567-602, December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:eeupol:v:14:y:2013:i:1:p:46-69. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.