Michael Kaeding

Determinants of Transposition Delay in the European Union

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.

Rapporteurship Allocation in the European Parliament

This study addresses a central aspect of the micromanagement of the European Parliament, the determinants of rapporteurship allocation. Focusing on the period from 1995 to 1999, I match rapporteurship assignments in the committee on environment with occupational, group membership, ideological and national data. The study asks which of the two distinct features of committees, distributional concern or informational provision, determines rapporteurship selection. My analysis shows that the group of rapporteurs does not mirror the composition of the full plenary. Moreover, the results are consistent with the view that a multifaceted combination of the two concepts of ‘demanding’ and ‘informative’ committees promises a richer explanation of rapporteur assignment than any one of those theories alone.

Lost in Translation or Full Steam Ahead The Transposition of EU Transport Directives across Member States

This study supplements extant literature on implementation in the European Union (EU). The quantitative analysis, which covers the EU transport acquis, reveals five main findings. First, the EU has a transposition deficit in this area, with almost 70% of all national legal instruments causing problems. Second, transposition delay is multifaceted. The results provide strong support for the assertion that distinguishing between the outcomes of the transposition process (on time, short delay or long delay) is a useful method of investigation. Third, factors specific to European directives (level of discretion and transposition deadline) and domestic-level factors (national transposition package and number of veto players) have different effects on the length of delay. Furthermore, the timing of general elections in member states as well as policy (sub)sector-related accidents influence the timeliness of national transposition processes.

Mapping Out Political Europe: Coalition Patterns in EU Decision-Making

This article evaluates member states’ and supranational institutions’ preference patterns in European Union decision-making. We present a research design that encompasses data on the policy profiles of the 15 member states, the Commission, and the European Parliament for 70 European legal acts that were negotiated just before the May 2004 enlargement. We apply principal-component analysis which results in reduction of the different policy issues into a three-dimensional solution. The Commission and the European Parliament are much more favorable toward increased integration than the Council members are. Thus, there appears to be a “north versus south” coalition pattern rather than a “Franco-German axis.” The positions of Ireland and Belgium indicate that the member states’ status as net contributors or net receivers of European Union subsidies are important. Our findings do not support the pro-less integrationist argument nor the left-right dimension that reconciles economic and sociopolitical issues.

Reconsidering the European Parliament’s Legislative Influence: Formal vs. Informal Procedures

Abstract More and more legislative decisions are reached in early stages of the co‐decision procedure through informal negotiations among representatives of the EU institutions. This study argues that the European Parliament has an advantage in such negotiations relative to the Council due to the latter’s limited organizational resources to handle the increased legislative workload under the co‐decision procedure. The main implication of this theoretical argument is that the Parliament’s impact on the content of legislation should be higher when informal negotiations are conducted rather than when agreement is reached at the end of the procedure in conciliation. To examine this claim, a quantitative comparative study of the success of the Parliament’s amendments in two legislative decision‐making processes in the field of transport was conducted. The results reveal that the EP’s influence during co‐decision is indeed larger in the case of an early agreement.

Regulatory governance through agencies of the European Union? The role of the European agencies for maritime and aviation safety in the implementation of European transport legislation

In line with the trend of ‘agencification’ in Western countries, European Union (EU) agencies have been put forward as an instrument expected to improve the way rules are applied in the EU. So far, evidence confirming this expectation is lacking. By assessing the implementation of European transport legislation, this article provides an empirical insight into the role played by two EU agencies – the European Maritime Safety Agency (EMSA) and the European Aviation Safety Agency (EASA). The analysis shows that these EU-level agencies, although created as independent entities to enhance uniform implementation, remain highly dependent on the member states and the Commission. In terms of (legislative) enforcement their contribution has thus been limited. EU agencies such as EMSA and EASA currently seem to add more value by stimulating mutual learning processes among national regulatory authorities.

The world of committee reports: rapporteurship assignment in the European Parliament

The academic world has shown increasing interest in the European Parliament (EP), but still more has to be done to open the ‘black box’ of its micro-management. This study is an attempt to show that puzzles in the internal workings of the EP are far from being solved or understood. Its purpose is three-pronged: First, it illustrates that the world of committee reports is characterised by disproportionality which contradicts the overall principle laid down in the standing rules of the EP. Second, the study attempts to explain and understand rapporteurship allocation. Focusing on the consumer and environment committee in the fourth term of the EP, the results indicate that the group of rapporteurs consists of members with high demands for the policy in their jurisdiction. Its preferences systematically differ from those of the legislature as a whole. Third, this article discusses four aspects that deserve further elaboration in future studies on the EPs internal organisation.

Better regulation in the European Union : lost in translation or full steam ahead? : the transposition of EU transport directives across member states

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 – 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.

Report allocation in the European Parliament after eastern enlargement

This article identifies factors that have influenced the chances for Members of the European Parliament (MEPs) to become rapporteurs in the European Parliament after the 2004 eastern enlargement. More specifically, it answers the question of how the MEPs from the new member states were integrated into the report allocation process under different legislative procedures. Controlling for a whole range of alternative explanations such as legislative experience, attendance rates or party group membership, we find that MEPs from the accession countries were at a disadvantage when reports were distributed. Their chances of becoming rapporteurs were lower than those of their peers from the old member states. Most importantly, this pattern still holds when comparing MEPs from the accession countries with first-time MEPs from the old member states.

Globalisation, European Integration and Social Protection – Patterns of Change or Continuity?

The adoption of a new instrument of governance in the EU – the open-method-of-coordination - has renewed the notion of convergence/divergence across EU member states. This paper examines the role of European integration in shaping and changing social welfare systems and investigates whether these patterns of change or continuity follow welfare state regime typologies. Embedded in the Europeanisation, convergence and welfare state regime literature, we rely on recent 2007 OECD social expenditure data. Controlled for cyclical and demographic effects this study shows that since 1991 social expenditures of EU member states have converged and increased on average, whereas non - EU member states have diverged. To examine whether these trends can be explained by changes in welfare regimes dendograms offer a useful means. Although we find a link between the type of regime and the long-term type trajectory more generally, these regime patterns appear to be in flow. This study finds in particular some empirical evidence for the loss in momentum of the Scandinavian regime pattern.