Academic literature on the topic 'Transposition, european directives, compliance, europeanization'
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Journal articles on the topic "Transposition, european directives, compliance, europeanization"
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KAEDING, MICHAEL. "Determinants of Transposition Delay in the European Union." Journal of Public Policy 26, no. 3 (October 30, 2006): 229–53. http://dx.doi.org/10.1017/s0143814x06000547.
Full textAbstract:
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.
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Devuyst, Youri. "De omzetting van EG-richtlijnen in de Belgische rechtsorde en de Europeanisering van de Belgische politiek." Res Publica 35, no. 1 (March 31, 1993): 39–54. http://dx.doi.org/10.21825/rp.v35i1.18823.
Full textAbstract:
Under EC law, directives are often used to harmonize legislation of the member states. White directives are binding as to the result to be achieved, they leave the "choice ofform and methods" to the member states. These must then transpose or implement the directives in their national legal order within a fixed period of time. According to 1992 data of the Commission of the European Communities, Belgium occupied a seventh place in the transposition ofdirectives in general (93.6% of the total number of directives transposed). With regard to the implementation of White Book directives concerning the European internal market however, Belgium, in June 1992, occupied the last place.A wide variety of administrative and structural problems were responsible for Belgium's delay in the implementation of EC directives. Late 1992, an urgency programme set up by the Belgian government early 1992 began to succeed in making up for part of the arrearage with regard to the transposition of White Book directives.However, only through the further adaption its political and administrative structures to the actual Europeanization of Belgian political life wilt Belgium become adequately prepared for the timely and correct transposition of EC directives. This implies an active administrative and parliamentary participation in the preparation of EC legislation and an early dissemination of information concerning the EC's legislative process.
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Steunenberg, Bernard, and Mark Rhinard. "The transposition of European law in EU member states: between process and politics." European Political Science Review 2, no. 3 (November 2010): 495–520. http://dx.doi.org/10.1017/s1755773910000196.
Full textAbstract:
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 non-compliance 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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THOMSON, ROBERT, RENÉ TORENVLIED, and JAVIER ARREGUI. "The Paradox of Compliance: Infringements and Delays in Transposing European Union Directives." British Journal of Political Science 37, no. 4 (September 18, 2007): 685–709. http://dx.doi.org/10.1017/s0007123407000373.
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What impact does the negotiation stage prior to the adoption of international agreements have on the subsequent implementation stage? We address this question by examining the linkages between decision making on European Union directives and any subsequent infringements and delays in national transposition. We formulate a preference-based explanation of failures to comply, which focuses on states' incentives to deviate and the amount of discretion granted to states. This is compared with state-based explanations that focus on country-specific characteristics. Infringements are more likely when states disagree with the content of directives and the directives provide them with little discretion. Granting discretion to member states, however, tends to lead to longer delays in transposition. We find no evidence of country-specific effects.
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Giumelli, Francesco, Willem Geelhoed, Max De Vries, and Aurora Molesini. "United in Diversity? A Study on the Implementation of Sanctions in the European Union." Politics and Governance 10, no. 1 (January 26, 2022): 36–46. http://dx.doi.org/10.17645/pag.v10i1.4702.
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The implementation of European Union (EU) policies has been investigated for several policy areas, but Decisions made under the Common Foreign and Security Policy (CFSP) have rarely been considered. While many CFSP measures are applicable throughout the EU without the need for further action on the domestic level, some Decisions must be implemented by Council Regulations. These Council Regulations adopted with the intent to implement CFSP Decisions have qualities of Directives, which delegate implementing tasks to member states and require transposition. The aim of this article is to investigate whether restrictive measures imposed by the EU are uniformly implemented across the member states, and, if not, to what extent implementation performance varies. We observe significant differences in implementation performance across member states. The findings of this article are twofold. First, we claim that implementation and compliance studies should involve CFSP decisions more systematically. Second, empirical confirmation is provided of how uneven transposition and application occurs also in CFSP matters. This study is based on empirical work that consisted of desk research and semi-structured interviews with national competent authorities of 21 EU member states taking place between March 2020 and January 2021.
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Puppis, Manuel. "Between independence and autonomous adaptation: The Europeanization of television regulation in non-EU member states." Communications 37, no. 4 (January 1, 2012). http://dx.doi.org/10.1515/commun-2012-0022.
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AbstractTelevision regulation is increasingly Europeanized. While the transposition of community law into national legislation in EU member states has been widely discussed, scholarly attention is less frequently devoted to the Europeanization of non-member states. This paper investigates how television regulation in non-EU members has been influenced by European audiovisual policy since the liberalization of broadcasting. Focusing on the case of Switzerland and putting it into a wider context, changes in television regulation and their connection to the European level were analyzed by performing a qualitative document analysis. Results indicate that the degree of Europeanization in Switzerland differs remarkably from other non-member states like Norway. While advertising regulation was brought in line with less-strict EU directives, a public value test or compliance with state aid rules were not even discussed. Yet similar to other non-members, rules were adopted without having a say in their development.
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Paasch, Jana, and Christian Stecker. "When Europe hits the subnational authorities: the transposition of EU directives in Germany between 1990 and 2018." Journal of Public Policy, October 12, 2020, 1–20. http://dx.doi.org/10.1017/s0143814x20000276.
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Abstract Federalism and the associated multi-level polity-structure have been frequently blamed for delaying the implementation of European Union (EU) directives. However, this verdict is incomplete as only a few studies open the “black box” of federalism to analyse the involvement of subnational parliaments and executives or second chambers in policy implementation. This article fills this gap and explains the transposition delay on the level of each individual implementation measure. Our novel data set covers about 850 directives and the corresponding 1,950 implementation measures between 1990 and 2018 in Germany. Using logistic regression models, we find that involving the subnational authorities substantially delays transposition. Subnational measures are three times more likely to be delayed than national ones. The effect of the veto power of a second chamber remains inconclusive. Our findings highlight the challenges federalism poses for the multi-level implementation of EU policies and have implications for the broader literature on compliance with public policies.
Dissertations / Theses on the topic "Transposition, european directives, compliance, europeanization"
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Borghetto, Enrico. "Non-compliance with the transposition deadlines of EU directives: the Italian case. Explaining transposition of EU directives into Italian legislation." Doctoral thesis, 2007. http://hdl.handle.net/2158/1192871.
Full textBooks on the topic "Transposition, european directives, compliance, europeanization"
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Lantschner, Emma. Reflexive Governance in EU Equality Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192843371.001.0001.
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The Covid pandemic has revealed how far we, as a European society, still are from the proclaimed Union of Equality. This book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination be improved. It studies enforcement and promotion aspects of the two watershed Directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having a great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own-preference formations and as an opportunity to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators that are deduced from the comparative review of the implementation practice of the Member States. It is thus a contribution to the existing literature in the fields of Europeanization, governance studies, and the right to equality and non-discrimination.
Book chapters on the topic "Transposition, european directives, compliance, europeanization"
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Lantschner, Emma. "Theoretical Foundations: Reflexive Governance, EU Enlargement Process, and Non-Discrimination." In Reflexive Governance in EU Equality Law, 42–107. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192843371.003.0003.
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Chapter 2 reviews explanatory models of rule adoption of Europeanization, policy transfer, and diffusion literature, and the conditions they identify for a successful transfer of norms and ideas. It argues that the external incentives model might best explain the likelihood of rule adoption but if the ultimate goal is that rules are applied and enforced, learning-based approaches have to be strengthened in the enlargement process. Different approaches to reflexive governance, from collaborative-relational to experimentalist, pragmatist, and genetic approaches, all focusing in different ways on the conditions required for a learning process to be successful, are presented claiming that they offer ideas that merit closer study to establish their potential in improving the performance in the EU enlargement process and beyond. The hypothesis is that reflexive governance is well suited to improve compliance and reduce likelihood of backsliding as it captures all the actors involved in framework regulation as is the case of the transposition of binding directives. To test the plausibility of the hypothesis, a case study on Croatia with a focus on the equality acquis is carried out by means of process tracing. This showed that while the argument could be partly confirmed, there is also a need for more consistent and transparent monitoring, which could be achieved by the use of indicators. Furthermore, pooling of results and the drawing of conclusions from such results, which is decisive for the success of a reflexive governance system, is given too little attention. The subsequent chapters thus set out to make a contribution to these identified lacunae.