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Journal ArticleDOI

In Search of Better Quality of EU Regulations for Prompt Transposition: The Brussels Perspective

Michael Kaeding
- 01 Sep 2008 - 
- Vol. 14, Iss: 5, pp 583-603
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TLDR
In this article, the authors present new data that covers the full population of all EU transport directives from 1995 to 2004, including the national implementing instruments of France, Germany, Greece, Italy, Ireland, Spain, Sweden, Netherlands and the UK.
Abstract
Better regulation cannot be achieved without serious attention to transposition. The quality of EU regulation is crucial to ensuring that Community law is promptly transposed into national law within the prescribed deadlines. But good quality transposition (clear, simple, and effective) goes beyond pre‐legislative consultation processes and more frequent use of impact assessments as agreed in the 2003 Interinstitutional Agreement on Better Lawmaking. Presenting new data that covers the full population of all EU transport directives from 1995 to 2004—including the national implementing instruments of France, Germany, Greece, Italy, Ireland, Spain, Sweden, the Netherlands and the UK—this study shows that elements of the EU directives delay transposition. The binding time limit for transposition, the EU directive's level of discretion, its level of detail, its nature and further characteristics of the directive's policy‐making process are all factors. These determining factors are crucial to explaining why Member States miss deadlines when transposing EU Internal Market directives. Brussels' efforts to simplify and improve the regulatory environment have to go beyond more preventive action to strengthen the enforcement of EU legislation at the member‐state level if they want to address the Internal Market constraining effects of Member States' non‐compliance. This study argues that far‐reaching decisions made in the European Commission's drafting and EU policy‐making phase have the greatest effect on the European regulatory framework in which businesses operate and the free movement of goods, persons, services, and capital is at stake. Implementation should be part of the design.

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Journal ArticleDOI

Implementing and complying with EU governance outputs

Oliver Treib
TL;DR: In this paper, the authors take stock of the literature on how European Union policies are being put into practice by the member states, and summarize the most important theoretical, empirical and methodological lessons to be drawn from existing studies, and discuss promising avenues for future research.
Journal ArticleDOI

The quest for legitimacy in eu secondary legislation

TL;DR: In this paper, the authors present a legitimacy review of the post-Lisbon regime on delegated and implementing acts of the last four years, focusing on the question of whether the legitimacy of secondary legislation has increased since the Lisbon Treaty of Lisbon and in what respect they then turn to the Lisbon institutional and procedural empowerment of the European Parliament in the legislative procedure.
Journal ArticleDOI

The Quest for Legitimacy in EU Secondary Legislation

TL;DR: The lack of public involvement is a weak spot of EU legislative decision-making as mentioned in this paper, which represents a growing problem because the European Union (EU) is built on and predominantly governed by EU law that is enacted in EU-legislation without direct input from the people.
Journal ArticleDOI

The efficiency of ministries in transposing EU directives: Evidence from Ireland:

TL;DR: In this paper, an original dataset focusing on transposition of EU directives by Ireland is constructed and applied to the problem, which reveals that significant differences in performance can exist among a member state's ministries.
Dissertation

The practice of Making EU Policy Work: Implementation Performance, Local Governments, and Air Quality

Abstract: European Union (EU) environmental policy can only work in practice when it is implemented by and within the member states. Yet, despite its importance, we still lack a solid and cumulative understanding of the practical implementation of EU environmental policies, mainly because of the dominance of case-specific empirical insights and the dichotomous conceptualisation of compliant implementation. This paper proposes a conceptual framework for analysing implementation performance, which is built around three dimensions: substance, scope and effort. The framework’s relevance and analytical quality are substantiated by a systematic review of empirical studies on practical implementation of 18 EU environmental directives. We find evidence of three types of knowledge deficits: there is neglect of the ‘scope’ and ‘effort’ dimensions of implementation; disproportionate attention to the Water Framework Directive, and the Northern and Western European member states. The proposed conceptual framework aims to inform future research on EU environmental implementation
References
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Journal ArticleDOI

Path dependence in historical sociology

TL;DR: In this article, a determiner a quels types d'evenements historiques s'applique l'analyse de path dependence is presented. But this determiner is restricted to two types of evenements: the sequences a auto-renforcement and the sequences reactives.
Journal ArticleDOI

Implementation Deficit — Why Member States do not Comply with EU directives?

Abstract: This article discusses factors effecting the implementation of European policies at the national level. Four main independent variables are distinguished: political institutions, the degree of corporatism, citizens' support for the EU, and political culture in the member states. The impacts of these variables on the success of implementing EU directives in ten policy areas are then tested with the multiple regression model. The results suggest that political culture and the design of political institutions in the member states had the most significant impact on implementation behavior. Countries with a high level of trust and political stability combined with efficient and flexible political institutions had the most success in implementing European policies.
Book

Impact Assessment in the EU: The State of the Art and the Art of the State. CEPS Paperbacks. January 2006

Andrea Renda
TL;DR: In this paper, Renda offers a scorecard analysis of the first 70 Extended Impact Assessments performed by the European Commission, and concludes that the procedure has only produced a sea of disappointment.
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