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Responding through transposition: public Euroskepticism and European policy implementation

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Abstract

Do public attitudes concerning the European Union affect the speed with which member states transpose European directives? It is posited in this article that member state governments do respond to public attitudes regarding the EU when transposing European directives. Specifically, it is hypothesized that member state governments slow transposition of directives when aggregate public Euroskepticism is greater. This expectation is tested using extended Cox proportional hazard modeling and data derived from the EU’s legislative archives, the official journals of EU member states, and the Eurobarometer survey series. It is found that member state governments do slow transposition in response to higher aggregate public Euroskepticism. These findings have important implications for the study of European policy implementation, as well as for our understanding of political responsiveness in the EU.

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... Using official data on formal transposition and infringements of EU law, the overall record of Romania and Bulgaria is not more problematic than it is in other groups of EU member states. Beyond the immediate focus on the two countries, the findings of the contribution are also relevant for the literature on post-accession Europeanization and support recent results showing that Eastern Enlargement did not worsen the EU's compliance gap significantly (Börzel & Sedelmeier, 2017) and underscoring that pro-EU public support matters for the implementation of EU policies also in the new member states (Williams, 2018). Furthermore, the contribution shows the need for complementing the view on legal compliance with qualitative case-study oriented research: Deficiencies in the functioning of state apparatuses, the judiciary and the rule of law in Romania and Bulgaria are bad news also for legal compliance with EU law as these domestic institutions are exactly those that are supposed making sure that implementation works in an effective and accountable manner. ...
... States are likely to comply better if the rules they are subject to come from a body that is perceived as legitimate (Checkel, 2005). Therefore, the expectation in the compliance literature is that higher approvals of the EU will render compliance more likely (Williams, 2018). ...
... Regarding the positive role of public opinion on compliance (i.e. the negative effect on non-compliance), several studies have highlighted that high-levels of compliance with EU legislation and high levels of Euroscepticism often coexist, particularly in Northern Europe . Focusing on transposition Williams (2018) has recently argued that in Western and Southern EU member states governments are slowing transposition of EU law in response to higher levels of public Euroscepticism. In the two Balkan countries the opposite dynamics can be found: high levels of public support are related to high levels of compliance. ...
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This paper contains supplemental materials for "What Moves Parties? The Role of Public Opinion and Global Economic Conditions in Western Europe" (hereafter Adams-Haupt-Stoll 2007). We initially discuss the substantive significance of the variables from the original Model 1 from Adams- Haupt-Stoll 2007 and provide the variance-covariance matrix of the coefficients for this model. We then both present and discuss additional results. With respect to the latter, most (but not all) build upon Model 1. Models 7-11 and 32-35 are alternative model specifications. Models 12-13 employ a different measure of the public opinion shift variable. (These models must be fit using reduced sets of cases relative to the original due to missing data on the alternative measure.) Models 14-16 re-code the Dutch D66 as a non-leftist (specifically, a liberal) party. Model 17 employs three year running averages of the global economy variables instead of election year values in Model 4. Finally, Models 18-31 are estimated using different sets of cases, including multiply imputed instead of list-wise deleted data sets. Country-election cycle clustered robust standard errors are reported in parentheses throughout unless otherwise noted. Two significant digits are always carried. Levels of significance are indicated in the tables as follows: significant at the � = 0.01 level, ***; significant at the � = 0.05 level, **; significant at the � = 0.10 level, *. All reported significance levels are for two-sided tests and were calculated prior to rounding. Note that a t-distribution with C 1 degrees of freedom was employed in hypothesis tests, where C is the number of clusters (country-election cycles).
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Accession to the European Union (EU) demands the adoption of a vast body of legislation. This paper analyses compliance with EU directives in eight post-communist countries during the Eastern enlargement and tries to account for the puzzling embrace of EU law in Central and Eastern Europe. Drawing on a new data set tracking the transposition of a sample of 119 directives, the paper finds effects of both political preferences and government capacity on the likelihood of timely transposition. Furthermore, important sectoral differences are uncovered, with trade-related legislation having a better chance and environmental legislation having a significantly worse chance of being incorporated into national legal systems on time. Beyond the conditionality of the accession process, the paper unveils a complex causal structure behind the ups and downs in transposition performance.
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European Union (EU) member states have at times failed to implement EU directives, thus falling short of their treaty obligations. Implementation is crucial to this loosely quasifederal organization because compliance is the foundation of cooperation in Europe. This paper addresses the inability of states to comply and state reluctance to conform. I demonstrate that cross-national factors rather than idiosyncratic characteristics are responsible for non-compliance. I have crafted hypotheses regarding implementation that can be tested in a systematic fashion. Using count data of infringements, I use negative binomial regression to test the hypotheses. I find modest support for many of the hypotheses in the literature, but little support for others. Bureaucratic efficiency, corruption, power in the Council of Ministers, economic power, length of membership, and public approval of EU membership are the most important predictors of compliance.
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Do Western European political parties adjust their ideological positions in response to shifts in public opinion and to changing global economic conditions? Based on a time-series, cross-sectional analysis of parties' ideological dynamics in eight Western European democracies from 1976-1998, the authors conclude that both factors influence parties' ideological positions but that this relationship is mediated by the type of party. Specifically, they find that parties of the center and right react to both public opinion and the global economy, whereas parties of the left display no discernible tendency to respond to public opinion and also appear less responsive to global economic conditions. The findings on leftist parties' distinctiveness support arguments about these parties' long-term policy orientations as well as about their organizational structures. The authors also find little support for neoliberal convergence arguments.
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The capacity of a politicalsystem to respond to the preferences of its citizens is centralto democratic theory and practice. Research and theory about the impact of public opinion on policy making in the United States, however, have produced decidedly mixed views. A number of analysts find a strong and persisting impact of public opinion on public policy. Others reject the idea that the public has consistent views at all or, even if it does, that those views exercise much influence over policy making. In this article, we evaluate the state of the art in the debates over the opinion-policy link in the rapidly growing body of research on public opinion and policy making. After an extensive review and critique of the theoretical and empirical research developing “strong” and “weak” effect views of the impact of opinion on policy, we conclude that a third “contingent” view, highlighting the historical, institutional, and political contingencies, provides the best understanding of the impact of opinion on policy.
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Theory: Democratic accountability requires that the public be reasonably well-informed about what policymakers actually do. Such a public would adjust its preferences for ''more'' or ''less'' policy in response to policy outputs themselves. In effect, the public would behave like a thermostat; when the actual policy ''temperature'' differs from the preferred policy temperature, the public would send a signal to adjust policy accordingly, and once sufficiently adjusted, the signal would stop. Hypotheses: In domains where policy is clearly defined and salient to the public, changes in the public's preferences for more policy activity are negatively related to changes in policy. Methods: A thermostatic model of American public preferences for spending on defense and a set of five social programs is developed and then tested using time series regression analysis. Results: Changes in public preferences for more spending reflect changes in both the preferred levels of spending and spending decisions themselves. Most importantly, changes in preferences are negatively related to spending decisions, whereby the public adjusts its preferences for more spending downward (upward) when appropriations increase (decrease). Thus, consistent with the Eastonian model, policy outputs do ''feed back'' on public inputs, at least in the defense spending domain and across a set of social spending domains.
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We develop an informational theory that analyzes conditions under which a reelection-seeking executive will act in the public interest. The theory considers factors such as executive competence, challenger quality, and the likelihood that voters will learn the consequences of policy decisions before an upcoming election. We find that an executive who has information suggesting that a popular policy is contrary to voters' interests may or may not pander to voters by choosing it; under certain conditions, the executive can actually increase his probability of reelection by choosing an unpopular policy that is in the public interest. However, we also show that an executive will sometimes face electoral incentives to enact a policy that is both unpopular and contrary to voters' interests. Our theory is illustrated with examples involving President Abraham Lincoln, California Governor Earl Warren, and President Gerald Ford.
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Substantial constituency influence over the lower house of Congress is commonly thought to be both a normative principle and a factual truth of American government. From their draft constitution we may assume the Founding Fathers expected it, and many political scientists feel, regretfully, that the Framers' wish has come all too true. Nevertheless, much of the evidence of constituency control rests on inference. The fact that our House of Representatives, especially by comparison with the House of Commons, has irregular party voting does not of itself indicate that Congressmen deviate from party in response to local pressure. And even more, the fact that many Congressmen feel pressure from home does not of itself establish that the local constituency is performing any of the acts that a reasonable definition of control would imply. Control by the local constituency is at one pole of both the great normative controversies about representation that have arisen in modern times. It is generally recognized that constituency control is opposite to the conception of representation associated with Edmund Burke. Burke wanted the representative to serve the constituency's interest but not its will , and the extent to which the representative should be compelled by electoral sanctions to follow the “mandate” of his constituents has been at the heart of the ensuing controversy as it has continued for a century and a half.
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The link between public opinion and policy is of special importance in representative democracies. Policymakers' responsiveness to public opinion is critical. Public responsiveness to policy itself is as well. Only a small number of studies compare either policy or public responsiveness across political systems, however. Previous research has focused on a handful of countries - mostly the US, UK and Canada - that share similar cultures and electoral systems. It remains, then, for scholars to assess the opinion-policy connection across a broad range of contexts. This paper takes a first step in this direction, drawing on data from two sources: (1) public preferences for spending from the International Social Survey Program (ISSP) and (2) measures of government spending from OECD spending datasets. These data permit a panel analysis of 17 countries. The article tests theories about the effects of federalism, executive-legislative imbalance, and the proportionality of electoral systems. The results provide evidence of the robustness of the 'thermostatic' model of opinion and policy but also the importance of political institutions as moderators of the connections between them.
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By focusing on the speed of transposition of European directives in the Netherlands, this article evaluates the claim made by various researchers and EU politicians that there is an EU implementation deficit. It has the twofold objective of assessing the timeliness of transposition and explaining delays, using the technique of survival analysis. The main finding is that almost 60 percent of the directives are transposed late, i.e. after the deadline specified by the directive. There hence exists an implementation deficit in the Netherlands. Various legal and political variables combine to explain the time needed for transposition, the most important of which are the legal instrument used, the responsible ministry and the EU decision-making procedure.
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This article analyses transposition of European Union (EU) social policy legislation in the new member states (NMS) from Central and Eastern Europe (CEE). In order to account for the varying rate of adoption of EU law at the national level the article develops several hypotheses about the impact of government preferences and administrative capacity on the pace of transposition in the social policy field. The hypotheses are tested on a new dataset comprising data on the transposition of EU social policy directives in the new member states. The results of the quantitative empirical analysis show that government support for European integration and administrative effectiveness has positive and substantial effects on the number of directives transposed in a given period of time. However, government positions on the Left—Right and libertarianism—traditionalism dimensions do not affect the adoption of EU social policy legislation in CEE.
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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.
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The current political climate in the European Union, referred to as the ‘constraining dissensus’, may place negotiations on the multiannual EU budget centre stage. Media framing of EU budget negotiations as conflict between member states may reinforce the constraining dissensus by resonating with exclusive national identity. In contrast, media emphasis on conflict within or across member states may alleviate the constraining dissensus by strengthening cross-cutting cleavages. This study tests hypotheses about patterns in politicisation of the EU budget in three budgets (Delors II, Agenda 2000, Financial Perspectives 2007–2013), three countries (the Netherlands, Denmark and Ireland) and two forums (media and national parliaments). It finds predominant international conflict framing, especially in media. Thus, media coverage of EU budget negotiations likely reinforces the constraining dissensus. However, as debates intensify, the constraining dissensus may be loosened through more pluralist framing in the debates. Further comparative empirical research into the dynamics of politicisation is called for.
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This study examines variation in the timing of national transposition of European Union (EU) directives. It specifically addresses the central proposition of the worlds of compliance typology. The proposition is that the direction of the effects of key explanatory variables of compliance, such as the fit between new EU directives and existing national arrangements, differs by cultural context or 'world of compliance'. Contrary to this proposition, the findings indicate that the direction of the effects is the same in different cultural contexts. The present study uses arguably the best information available on compliance, from Falkner et al.'s (2005) Complying with Europe study. This is also the information from which the worlds of compliance typology was at least partly derived. As such, this study offers a 'most likely' test of the typology. In addition to refuting the worlds of compliance typology, the findings support several expectations about variation in timely transposition from the existing literature.
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This paper examines variation in the timing of compliance with European directives. It formulates and tests the hypothesis that member states' policy-based incentives to deviate from the content of directives influence delay in compliance. This hypothesis is tested along with other factors that are posited to influence compliance, including the amount of discretion directives give member states, the level of misfit between national and European-level laws, and characteristics of member states. The hypotheses are examined in a quantitative research design using arguably the best available information on compliance: national responses to six labour market directives investigated by Falkner et al. (200517. Falkner , Gerda , Trieb , Oliver , Hartlapp , Miriam and Leiber , Simone . 2005 . Complying with Europe: EU Harmonisation and Soft Law in the Member States , Cambridge : Cambridge University Press . [CrossRef]View all references) for Complying with Europe. The present study develops Falkner et al.'s analysis in two respects. First, it identifies new theoretically important variables and offers measures of these, notably member states' policy-based incentives to deviate and the amount of discretion granted by directives. Second, it tests these hypotheses using multivariate analysis, while Falkner et al. applied bivariate tests only. In contrast to Falkner et al.'s conclusions, the findings indicate that misfit between national and European laws significantly reduces the likelihood of timely compliance. While political opposition at the time of a directive's adoption is not linked directly to compliance, member states tend to oppose directives that do not fit existing national laws. Compliance is more timely for directives that grant more discretion.
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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.
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Work exploring the relationship between public opinion and public policy over time has largely been restricted to the US. However, a wider application of this line of research can provide valuable insights into whether and how representation varies across political systems. This paper takes a step in this direction using a new body of data on public opinion and government spending in Canada. Analyses reveal that the Canadian public notices and responds (thermostatically) to changes in public spending in particular domains, and also that Canadian policymakers represent these public preferences in spending. The extent and nature of public responsiveness and policy representation varies across domains. Relationships are more pronounced in certain domains, and they are more ‘specific’ in some domains and more ‘global’ in others. The findings generally accord with the results of similar work in the US and the UK, although the details differ in important ways. Indeed, the differences are strongly suggestive about the structuring role of institutions.
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The aim of this article is to explain the speed with which Member States transpose EC directives in the maritime sector. By discussing earlier work, the focus is on explanatory factors related to the contents of the directive that needs to be transposed and the context within which national transposition takes place. The authors' expectations have been tested using data across seven Member States and 32 maritime directives. Using survival analysis based on Cox regression, several political-administrative and legal factors are identified that have an impact on the speed of transposition. The political sensitivity of the directive and the total number of national implementing measures lengthens the duration of transposition, while the degree of specialisation of the directive, the use of package law and experience speed up transposition. The authors also find that the impact of some of these explanatory factors changes over time. This underscores the importance of taking time seriously and to explore time dependency in further theoretical work on explaining policy-making processes.