To what extent do Member states comply with EU legislation? Theories and empirical factors about the implementation process
Abstract
The aim of this research article is to critically assess the state of the art in relation to the process of legislative implementation of the European Union. This article also aims to show to what extent there is a problem of bureaucratic drift and failure to comply with European legislation by the states that make the Union. To reach these goals, two research questions are posed: To what extent member states comply with European legislation? and What is the most important explanatory factors behind the lack of conformity with European legislation? To answer these questions, the article uses a unique database that collects all official infringement procedures that have taken place in member states between 1995 and 2015. The study shows that there is a very high variation between states in the degree of compliance with European legislation. This variation is explained according to factors such as the administrative effectiveness of a member state, parliamentary control, capacity in the coordination processes between actors, and the existence of potential conflicts (preferences) between these actors who are directly involved in the implementation process.
Received: 19 May 2016
Accepted: 08 July 2016
Published online: 31 October 2016
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