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National Parliaments and Transposition of EU Law: A Matter of Coalition Conflict?

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  • Nora Dörrenbächer
  • Ellen Mastenbroek
  • Dimiter D. Toshkov

Abstract

This article analyses to what extent the mechanism of the coalition conflict model of executive‐legislative relations can account for the extent and policy direction of parliamentary control over domestic transposition, focusing on EU migration law. Our empirical approach is based on an in‐depth cross‐country comparison of the transposition of the Returns Directive in Austria, Germany, France, and the Netherlands. We find that in all four countries the legislatures left their marks on the final laws, and the policy direction of amendments was largely in line with the predictions of the model. Yet, the policy adjustments were not always triggered by coalition partners correcting ministerial drift, but also by factions within the ministerial party, and by opposition parties.

Suggested Citation

  • Nora Dörrenbächer & Ellen Mastenbroek & Dimiter D. Toshkov, 2015. "National Parliaments and Transposition of EU Law: A Matter of Coalition Conflict?," Journal of Common Market Studies, Wiley Blackwell, vol. 53(5), pages 1010-1026, September.
    • Handle: RePEc:bla:jcmkts:v:53:y:2015:i:5:p:1010-1026
    DOI: 10.1111/jcms.12242
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    References listed on IDEAS

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    1. Martin, Lanny W. & Vanberg, Georg, 2005. "Coalition Policymaking and Legislative Review," American Political Science Review, Cambridge University Press, vol. 99(1), pages 93-106, February.
    2. Tapio Raunio, 2009. "National parliaments and European integration," ARENA Working Papers 9, ARENA.
    3. repec:bla:jcmkts:v:41:y:2003:i::p:707-729 is not listed on IDEAS
    4. Carina Sprungk, 2013. "Legislative Transposition of Directives: Exploring the Other Role of National Parliaments in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 51(2), pages 298-315, March.
    5. Franchino, Fabio & Høyland, Bjørn, 2009. "Legislative Involvement in Parliamentary Systems: Opportunities, Conflict, and Institutional Constraints," American Political Science Review, Cambridge University Press, vol. 103(4), pages 607-621, November.
    6. Goetz, Klaus H.; Meyer-Sahling, Jan-Hinrik, . "The Europeanisation of national political systems: Parliaments and executives," Living Reviews in European Governance (LREG), Institute for European integration research (EIF).
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    Cited by:

    1. 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.

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