 Non-conformable, partial and conformable transposition: A competing risk analysis of the transposition process of directives in the EU15Thomas König and Lars Mä der European Union Politics, 2013, vol. 14, issue 1, 46-69 Abstract: 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. Keywords: Competing risk analysis; compliance; conformable transposition; enforcement; EU directives; European Union (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:sae:eeupol:v:14:y:2013:i:1:p:46-69 Access Statistics for this article More articles in European Union Politics |
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