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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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    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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