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Troubles with Transposition? Explaining Trends in Member-State Notification and the Delayed Transposition of EU Directives

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  • König, Thomas
  • Luetgert, Brooke

Abstract

EC directives must be transposed into the national legal order of the member states within a specified deadline. Although member states are obliged to notify their transposition measures, they often fail to comply with these deadlines. Distinguishing between domestic and EU-related factors, this study examines transposition failure and delay of EC directives from 1986 to 2002. Notification failure is found to be more likely when there is conflict between the member states during the EU legislative process. National patterns of transposition timeliness are shown to vary significantly, and higher levels of complexity and increased use of parliamentary legislation, as well as more federalist and pluralist structures, contribute to delayed compliance.

Suggested Citation

  • 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.
    • Handle: RePEc:cup:bjposi:v:39:y:2009:i:01:p:163-194_00
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    1. Koetter, Michael & Krause, Thomas & Tonzer, Lena, 2019. "Delay determinants of European Banking Union implementation," European Journal of Political Economy, Elsevier, vol. 58(C), pages 1-20.
    2. 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.
    3. Thomas König & Bernd Luig, 2012. "Party ideology and legislative agendas: Estimating contextual policy positions for the study of EU decision-making," European Union Politics, , vol. 13(4), pages 604-625, December.
    4. Bjørn Høyland & Vibeke Wøien Hansen, 2014. "Issue-specific policy-positions and voting in the Council," European Union Politics, , vol. 15(1), pages 59-81, March.
    5. Michael Krug & Maria Rosaria Di Nucci & Lucas Schwarz & Irene Alonso & Isabel Azevedo & Massimo Bastiani & Anna Dyląg & Erik Laes & Arthur Hinsch & Gaidis Klāvs & Ivars Kudreņickis & Pouyan Maleki & G, 2023. "Implementing European Union Provisions and Enabling Frameworks for Renewable Energy Communities in Nine Countries: Progress, Delays, and Gaps," Sustainability, MDPI, vol. 15(11), pages 1-29, May.
    6. Daniel Albalate & Germà Bel & Eoin Reeves, 2019. "“Easier said than done: Understanding the implementation of re-municipalization decisions and associated delays.”," IREA Working Papers 201917, University of Barcelona, Research Institute of Applied Economics, revised Oct 2019.
    7. Isabelle Stadelmann-Steffen & Dominique Oehrli & Adrian Vatter, 2021. "Do governments delay the implementation of parliamentary requests? Examining time variation in implementing legislative requests in Switzerland," Policy Sciences, Springer;Society of Policy Sciences, vol. 54(3), pages 663-690, September.
    8. 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.
    9. Logmani, Jacqueline & Krott, Max & Lecyk, Michal Tymoteusz & Giessen, Lukas, 2017. "Customizing elements of the International Forest Regime Complex in Poland? Non-implementation of a National Forest Programme and redefined transposition of NATURA 2000 in Bialowieza Forest," Forest Policy and Economics, Elsevier, vol. 74(C), pages 81-90.
    10. Robert Thomson, 2010. "Opposition through the back door in the transposition of EU directives," European Union Politics, , vol. 11(4), pages 577-596, December.
    11. Dimiter Toshkov, 2010. "Taking stock: a review of quantitative studies of transposition and implementation of EU law," Working Papers of the Vienna Institute for European integration research (EIF) 1, Institute for European integration research (EIF).
    12. Lucia Rossel & Brigitte Unger & Joras Ferwerda, 2022. "Shedding light inside the black box of implementation: Tax crimes as a predicate crime for money laundering," Regulation & Governance, John Wiley & Sons, vol. 16(3), pages 781-800, July.
    13. 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.
    14. Johannes Müller Gómez, 2023. "Show Me the Money: Side‐Payments and the Implementation of International Agreements in Federal Systems," Politics and Governance, Cogitatio Press, vol. 11(3), pages 312-326.
    15. Miriam Hartlapp & Gerda Falkner, 2009. "Problems of Operationalization and Data in EU Compliance Research," European Union Politics, , vol. 10(2), pages 281-304, June.
    16. Mihail BUSU & Cristian BUSU, 2015. "The Liberalization Process Of The Railway Sector In Romania And Some Infringement Case Studies," Proceedings of the INTERNATIONAL MANAGEMENT CONFERENCE, Faculty of Management, Academy of Economic Studies, Bucharest, Romania, vol. 9(1), pages 532-540, November.
    17. 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.
    18. 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.
    19. Lauren Peritz, 2018. "Obstructing integration: Domestic politics and the European Court of Justice," European Union Politics, , vol. 19(3), pages 427-457, September.

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