1 Institut for Statskundskab, Department of Political Science, Faculty of Social Sciences, Københavns Universitet2 University of Mannheim3 University of Mannheim4 Institut for Statskundskab, Department of Political Science, Faculty of Social Sciences, Københavns Universitet
A competing risk analysis of the transposition process of directives in the EU15
Although member states are obliged to transpose directives into domestic law in a conformable manner and receive considerable time for their transposition activities, we identify three levels of transposition outcomes for EU directives: conformable, partially conformable and non-conformable. Compared with existing transposition models, which do not distinguish between different transposition outcomes, we examine the factors influencing each transposition process by means of a competing risk analysis. We find that preference-related factors, in particular the disagreement of a member state and the Commission regarding a directive’s outcome, play a much more strategic role than has to date acknowledged in the transposition literature. Whereas disagreement of a member state delays conformable transposition, it speeds up non-conformable transposition. Disagreement of the Commission only prolongs the transposition process. We therefore conclude that a stronger focus on an effective sanctioning mechanism is warranted for safeguarding compliance with directives.
European Union Politics, 2013, Vol 14, Issue 1, p. 46-69