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Determinants of Transposition Delay in the European Union

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  • KAEDING, MICHAEL

Abstract

Europeanization involves the transposition and implementation of European legislation in EU member states. Whereas EU policy implementation is explicitly recognized as the responsibility of the member states, the new emphasis on benchmarking recognizes that different implementation strategies can be beneficial, provided the outcome is appropriate. New data representing the full EU transport acquis from 1957 to 2004 and the national transposition instruments derived from data bases for Germany, Greece, the UK, Spain and the Netherlands show that only 39 per cent of the acquis was transposed in time. Why do member states not transpose EU directives on time? Logistic and multinomial logistic analysis explains this in terms of the level of complexity of EU directives; the use of national legal instruments that include considerable de facto veto players; and the shorter the transposition time set in the directive, the more delayed the transposition process.

Suggested Citation

  • Kaeding, Michael, 2006. "Determinants of Transposition Delay in the European Union," Journal of Public Policy, Cambridge University Press, vol. 26(3), pages 229-253, December.
    • Handle: RePEc:cup:jnlpup:v:26:y:2006:i:03:p:229-253_00
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    Cited by:

    1. Ellen Mastenbroek & Tim Veen, 2008. "Last Words on Delegation?," European Union Politics, , vol. 9(2), pages 295-311, June.
    2. Stine Aakre & Jon Hovi, 2010. "Emission trading: Participation enforcement determines the need for compliance enforcement," European Union Politics, , vol. 11(3), pages 427-445, September.
    3. 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.
    4. Stijn van Voorst & Ellen Mastenbroek, 2017. "Enforcement tool or strategic instrument? The initiation of ex-post legislative evaluations by the European Commission," European Union Politics, , vol. 18(4), pages 640-657, December.
    5. Carlos Mendez & John Bachtler, 2017. "Financial Compliance in the European Union: A Cross-National Assessment of Financial Correction Patterns and Causes in Cohesion Policy," Journal of Common Market Studies, Wiley Blackwell, vol. 55(3), pages 569-592, May.
    6. Christopher Williams & Jae-Jae Spoon, 2015. "Differentiated party response: The effect of Euroskeptic public opinion on party positions," European Union Politics, , vol. 16(2), pages 176-193, June.
    7. Hartlapp, Miriam & Falkner, Gerda, 2008. "Problems of operationalization and data in EU compliance research," Discussion Papers, Research Unit: Labor Market Policy and Employment SP I 2008-104, WZB Berlin Social Science Center.
    8. Egert Juuse & Rainer Kattel, 2014. "Financial Regulation in Estonia," Working papers wpaper57, Financialisation, Economy, Society & Sustainable Development (FESSUD) Project.
    9. Michael Kaeding, 2008. "Lost in Translation or Full Steam Ahead," European Union Politics, , vol. 9(1), pages 115-143, March.
    10. Heike Klüver, 2011. "The contextual nature of lobbying: Explaining lobbying success in the European Union," European Union Politics, , vol. 12(4), pages 483-506, December.
    11. Ágota Scharle & Balázs Váradi & Flóra Samu, 2015. "Policy Convergence Across Welfare Regimes: The Case of Disability Policies. WWWforEurope Working Paper No. 76," WIFO Studies, WIFO, number 50914, April.
    12. Ruud van Druenen & Pieter Zwaan & Ellen Mastenbroek, 2022. "Getting State Aid Approved by the European Commission: Explaining the Duration of Preliminary Investigations in the State Aid Notification Procedure," Journal of Common Market Studies, Wiley Blackwell, vol. 60(3), pages 545-561, May.
    13. Steffen Hurka & Maximilian Haag, 2020. "Policy complexity and legislative duration in the European Union," European Union Politics, , vol. 21(1), pages 87-108, March.
    14. Dimiter Toshkov, 2008. "Embracing European Law," European Union Politics, , vol. 9(3), pages 379-402, September.
    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. 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.
    17. Anderson, Karen M. & Keading, Michael, 2008. "Pension systems in the European Union: Variable patterns of influence in Italy, the Netherlands and Belgium," MPRA Paper 21139, University Library of Munich, Germany.
    18. Tanja A. Börzel & Tobias Hofmann & Diana Panke, 2011. "Policy Matters But How? Explaining Non-Compliance Dynamics in the EU," KFG Working Papers p0024, Free University Berlin.
    19. 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.
    20. Stijn Voorst & Ellen Mastenbroek, 2019. "Evaluations as a decent knowledge base? Describing and explaining the quality of the European Commission’s ex-post legislative evaluations," Policy Sciences, Springer;Society of Policy Sciences, vol. 52(4), pages 625-644, December.
    21. Filip Aggestam & Helga Pülzl, 2020. "Downloading Europe: A Regional Comparison in the Uptake of the EU Forest Action Plan," Sustainability, MDPI, vol. 12(10), pages 1-15, May.
    22. repec:bla:jcmkts:v:46:y:2008:i::p:27-48 is not listed on IDEAS
    23. Alves, Amanda M. & Brousseau, Eric & Yeung, Timothy Yu-Cheong, 2021. "The dynamics of institution building: State aids, the European commission, and the court of justice of the European Union," Journal of Comparative Economics, Elsevier, vol. 49(3), pages 836-859.

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