Session 1: Governance in the European Unio

Steunenberg, B. (Bernard)

Erasmus University Digital Repository

EU policy, domestic interests, and the transposition of directives

Abstract. Why do EU member states have difficulty transposing directives? How are the policies specified in these directives transformed into national policy? In this paper I analyze the transposition of EU directives. Discussing the current literature on EU compliance I develop a new approach to understand how domestic actors shape policy implementing EU directives. In this policy-specific approach the outcome of transposition depends on the institutional arena in which decision making takes place and the interests of the domestic actors involved. These institutional arenas can vary from parliament to national ministries and agencies. Domestic actors are taken as policy-specific veto players. Their preferences may lead to two different responses to the requirements of a directive. First, they can stick to the directive and transpose it in a literal way. Deviations between the directive and national policy are kept to a minimum. Second, domestic actors can adopt a non-literal interpretation of the directive, leading to more substantial deviations within the boundaries allowed by the European Commission. Both responses are illustrated by two cases of decision making concerning EU directives, the tobacco products directive and the animal trade directive. The analysis shows that the policy-specific approach proposed in this paper helps in understanding transposition. It clarifies how the splendid ambitions formulated in Brussels are transformed by national administrations

EU policy, domestic interests, and the transposition of directives

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