This dissertation looks into the role of discretion granted by EU directives in EU legislative decision-making and national transposition processes. It applies a qualitative single country-study,... Show moreThis dissertation looks into the role of discretion granted by EU directives in EU legislative decision-making and national transposition processes. It applies a qualitative single country-study, focusing on the transposition of six directives in the Netherlands, from the policy areas of consumer protection, environment and justice and home affairs (migration). In the theoretical part the concept of discretion is explored, using insights from both the legal and political sciences. The empirical analysis then presents both EU and national processes regarding the six directives, addressed individually as well as in a comparative manner. This study contributes to clarifying the reasons and circumstances regarding the granting of different margins of discretion to Member States and the effects of discretion on EU negotiations and national transposition. It confirms that discretion can have facilitating and impeding effects on transposition, explains why, and identifies other factors affecting transposition by interacting with discretion. Additionally, a more fine-grained approach to measuring discretion is proposed than hitherto. Finally, but addressed separately from the empirical analysis, the link between discretion and legitimacy is elaborated. It is argued that discretion in national transposition processes can be used to enhance the directives’ input, throughput and output legitimacy within national law. Show less
The dissertation examines the application of EU farm animal welfare legislation in 27 member states. It develops a theoretical framework that applies insights from the transposition literature to... Show moreThe dissertation examines the application of EU farm animal welfare legislation in 27 member states. It develops a theoretical framework that applies insights from the transposition literature to the post-transposition phase of implementation and derives hypotheses to explain cross-national variation in implementation success. The hypotheses are centered on the notion that the pressure to adapt to EU requirements makes post-transposition application difficult. Countering adaptation pressure, the presence of discretion, whereby member states have some flexibility to adapt requirements to their national circumstances, helps to alleviate the difficulties brought on by adaptation pressure. Additional hypotheses are derived from the transposition literature concerning the geographic and organizational decentralization of implementation authority and the length of transposition delay prior to application. The hypotheses are tested through a mixed methods design that combines a set of case studies and a quantitative analysis of the implementation of all major requirements applied in 27 member states in the legislation within this policy area. Support is found for the adaptation pressure and discretion hypotheses, while limited support is found for the hypotheses concerning the decentralization of implementation authority Show less
Countries that wish to join the European Union (EU) need to implement all existing EU laws before they are admitted as full members. Since the body of EU law comprises more than 80 000 pages and... Show moreCountries that wish to join the European Union (EU) need to implement all existing EU laws before they are admitted as full members. Since the body of EU law comprises more than 80 000 pages and more than 2 000 directives, the adoption of EU law is a truly formidable task for any government. How have the eight countries from Central and Eastern Europe (CEE) that joined the EU in 2004 coped with this requirement of the enlargement process? Surprisingly, this thesis reveals that these post-communist states have been quite successful in adopting the EU directives. Moreover, there is interesting variation in the performance of the new member states with some countries, like Lithuania, doing particularly well, while other, like the Czech Republic, having more problems than average. The thesis argues that the general success of the process of legal adaptation to EU laws in CEE can be largely explained by the conditionality of the enl argement process (EU entry is only possible if and when the condition of implementing the EU rules is fulfilled). Combing statistical methods and case studies in three policy fields (electronic communications, nature protection, and social policy), the thesis concludes that the varying implementation performance in different countries and policy sectors can be explained by reference to the CEE governments’ level of support for the process of European integration, their administrative capacities and the threat of financial sanctions for non-implementation of the EU rules after accession. Show less
Better regulation in the European Union cannot be achieved without serious attention to transposition of EU law into national legislation. As a matter of fact, EU member states breach EU law __... Show moreBetter regulation in the European Union cannot be achieved without serious attention to transposition of EU law into national legislation. As a matter of fact, EU member states breach EU law __ perpetuately. Why do member states miss deadlines when transposing EU internal market directives? What factors determine delays when transposing EU directives? How do these factors influence the timeliness of the national transposition processes? And under what conditions are transpositions of directives delayed? This study analyses the timeliness of national transposition processes across nine member states of the 2004 EU transport acquis. Based on a truly mixed-method approach __ a new quantitative data set with further insights gleaned from four controlled case studies and a concluding fuzzy set analysis - this study shows that the European Union has a serious transposition problem. Almost 70 percent of all national legal measures transposing the transport acquis cause problems, either because they are transposed too late, risking the opening of an infringement proceeding, or because they are too early (gold-plating), risking warping effects on the regulatory environment for business and citizens in the EU alike. Furthermore, this book provides some progress regarding the conditions under which transposition performance of member states could be improved. Seven potential European and national drivers and constrainers for timely transposition can be identified with different effects on the lengths of transposition delays. Distinguishing between three outcomes of transposition process (on time, short and long delay) it is the specific features of European directives that account for short term delays, whereas serious time lags of more than six months are a result of domestic factors. Furthermore, the timing of general elections in a member state and policy sector-related crises retard or rather accelerate national transposition processes just as political priority represents a significant necessary condition for timeliness. Show less
The EU suffers from an implementation deficit. Member states often do not comply with EU policies, which in turn hampers the process of European integration. This book documents the problem with... Show moreThe EU suffers from an implementation deficit. Member states often do not comply with EU policies, which in turn hampers the process of European integration. This book documents the problem with the timely transposition of EU directives. It explores the size and the causes of the transposition deficit for the case of the Netherlands. Using a mixed methods design, it critically assesses the explanatory value of several legal and administrative factors, as well as the goodness of fit and several hypotheses flowing from rationalism and constructivism. The main conclusion of this work is that the Netherlands suffers from a structural problem with timely transposition. Domestic politics play an important role in explaining transposition problems. In theorizing these ‘politics of compliance’, we should not limit our analyses to substantive conflicts but also include the procedural politics that often surround the process of Europeanization. Show less
