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

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  • 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
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    References listed on IDEAS

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    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. 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.
    3. Miriam Hartlapp & Gerda Falkner, 2009. "Problems of Operationalization and Data in EU Compliance Research," European Union Politics, , vol. 10(2), pages 281-304, June.
    4. 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.
    5. Richard Perkins & Eric Neumayer, 2007. "Do Membership Benefits Buy Regulatory Compliance?," European Union Politics, , vol. 8(2), pages 180-206, June.
    6. Keele, Luke, 2010. "Proportionally Difficult: Testing for Nonproportional Hazards in Cox Models," Political Analysis, Cambridge University Press, vol. 18(2), pages 189-205, April.
    7. 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.
    8. Franchino, Fabio, 2004. "Delegating Powers in the European Community," British Journal of Political Science, Cambridge University Press, vol. 34(2), pages 269-293, April.
    9. Tallberg, Jonas, 2002. "Paths to Compliance: Enforcement, Management, and the European Union," International Organization, Cambridge University Press, vol. 56(3), pages 609-643, July.
    10. Bernard Steunenberg, 2006. "Turning Swift Policy-making into Deadlock and Delay," European Union Politics, , vol. 7(3), pages 293-319, September.
    11. 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.
    12. 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.
    13. 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.
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    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.

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