The Transposition of EC Directives: A Comparative Study of Instruments, Techniques and Processes in Six EU Member States

Voermans, W.J.M.

doi:10.2139/ssrn.1215542

Cited by 13 publications

(10 citation statements)

References 40 publications

(40 reference statements)

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“…Previous studies found that some member states literally transpose EU directives into national law that could influence levels of discretion (Steunenberg & Voermans ). While the Netherlands has the reputation to sometimes use this copy‐out method, this was not the case for the RCD (Odysseus_Report_NL, p. 4, Odyssey_Report_general, 2006 p. 17)…”

Section: Methods and Datamentioning

confidence: 99%

Passing the buck? Analyzing the delegation of discretion after transposition of European Union law

Dörrenbächer

Mastenbroek

2017

Regulation & Governance

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This article seeks to map and explain the extent to which national legislators constrain discretion contained in European Union directives during transposition. To this end, we use standard hypotheses from the domestic delegation literature regarding the necessity of policy conflict and transaction costs. Our empirical approach is based on a focused comparison of the transposition of several provisions of the Asylum Reception Conditions Directive in France, Germany, and the Netherlands. In order to capture content-specific aspects of discretion we employ an innovative measurement tool, the so-called Institutional Grammar Tool. The study shows that while all three states formally comply with the directive, the level of European Union discretion delegated to practical implementers varies considerably across the cases. Standard delegation theory cannot fully explain the patterns. Instead, existing delegation theories have to be adjusted to the transposition context, by accounting for domestic preferences regarding the status quo.

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Section: Methods and Datamentioning

confidence: 99%

Passing the buck? Analyzing the delegation of discretion after transposition of European Union law

Dörrenbächer

Mastenbroek

2017

Regulation & Governance

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“…These arenas differ depending on the national legal context and the instruments available for transposition. Most directives are not transposed by adopting a legislative act, but by adopting lower‐level instruments 5 such as government decrees and ministerial orders (Steunenberg and Voermans 2006). Consequently, transposition is shaped by administrative procedures that differ between Member States, but also within Member States, depending on ministerial coordination mechanisms and the extent to which consultations with other stakeholders are common practice or required.…”

Section: What Determines the Speed Of Transposition?mentioning

confidence: 99%

‘As time goes by’: Explaining the transposition of maritime directives¹

Steunenberg

Kaeding

2009

European J Political Res

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The aim of this article is to explain the speed with which Member States transpose EC directives in the maritime sector. By discussing earlier work, the focus is on explanatory factors related to the contents of the directive that needs to be transposed and the context within which national transposition takes place. The authors' expectations have been tested using data across seven Member States and 32 maritime directives. Using survival analysis based on Cox regression, several political‐administrative and legal factors are identified that have an impact on the speed of transposition. The political sensitivity of the directive and the total number of national implementing measures lengthens the duration of transposition, while the degree of specialisation of the directive, the use of package law and experience speed up transposition. The authors also find that the impact of some of these explanatory factors changes over time. This underscores the importance of taking time seriously and to explore time dependency in further theoretical work on explaining policy‐making processes.

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“… 4 See, for instance, Steunenberg and Voermans (2006: 46–48) for a discussion of the role of various national parliaments in the preparation and implementation of European law. Since the involvement of parliament varies and is sometimes very limited, we do not share the legislative oversight perspective as advocated by Franchino and Høyland (2009).…”

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confidence: 99%

The transposition of European law in EU member states: between process and politics

Steunenberg

Rhinard

2010

Eur. Pol. Sci. Rev.

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This paper illuminates a critical stage of the implementation of European law: the transposition of European Union (EU) directives. Directives must be transposed into national policies in order to give effect to European law, yet most national authorities experience considerable transposition difficulties. For this reason, the study of transposition has become a focal point within the broader research agenda on noncompliance in the European Union. Highlighting several popular explanatory variables but noting the sometimes contradictory results that follow from empirical testing, this paper outlines an approach that views transposition as a process taking place largely within ministerial agencies rather than across government systems. By using variables related to these domestic processes in our empirical analysis, the paper shows how such an approach can help to explain the way in which member states transpose EU directives.

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The Transposition of EC Directives: A Comparative Study of Instruments, Techniques and Processes in Six EU Member States

Cited by 13 publications

References 40 publications

Passing the buck? Analyzing the delegation of discretion after transposition of European Union law

Passing the buck? Analyzing the delegation of discretion after transposition of European Union law

‘As time goes by’: Explaining the transposition of maritime directives¹

The transposition of European law in EU member states: between process and politics

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The Transposition of EC Directives: A Comparative Study of Instruments, Techniques and Processes in Six EU Member States

Cited by 13 publications

References 40 publications

Passing the buck? Analyzing the delegation of discretion after transposition of European Union law

Passing the buck? Analyzing the delegation of discretion after transposition of European Union law

‘As time goes by’: Explaining the transposition of maritime directives1

The transposition of European law in EU member states: between process and politics

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‘As time goes by’: Explaining the transposition of maritime directives¹