Member states’ opposition in the Council of the European Union and its impacts on the implementation of directives
DOI:
https://doi.org/10.15203/ozp.1896.vol46iss3Keywords:
European Union, Council of the EU, oppositional voting behaviour, Austria, implementation of directives, legal misfitAbstract
In the Council of the European Union (EU), a qualified majority is mostly required to adopt legislative acts. Based on this majority rule, individual member states can be outvoted and are subsequently obliged to implement the law. This article analyses whether opposition in the Council of the EU affects the transposition of directives into national law by using the example of Austria from 2000 to 2008. The results demonstrate that domestic factors, rather than a negative political attitude, were responsible for delays and procedures when implementing previously contested directives. However, the effects of opposition in the Council on implementation were particularly apparent in cases where there was a high degree of misfit between EU provisions and the domestic legal structure.
Downloads
Additional Files
Published
Issue
Section
License
The OZP is the authorized quarterly publication of the Österreichische Gesellschaft für Politikwissenschaft (ÖGPW, Austrian Political Science Association)
The author of an article (in case of multiple authors: the corresponding author, responsible for releasing this material on behalf of any and all co-authors) accepted to be published in the OZP hereby acknowledges the following Copyright Notice:
- The author retains the copyright to the article.
- It is the responsibility of the author, not of the OZP, to obtain permission to use any previously published and/or copyrighted material.
- Publication of a submitted text is dependent on positive results from the peer reviewing. In such a case, the OZP editors have the right to publish the text.
- In case of publication, the article will be assigned a DOI (digital object identifier) number.
- The author agrees to abide by an open access Creative Commons Attribution (CC BY nc) license. The license permits any user to download, print out, extract, reuse, archive, and distribute the article in any non-commercial way, so long as appropriate credit is given to the author and source of the work.
- The license ensures that the author’s article will be available as widely as possible and that the article can be included in any scientific archive. In order to facilitate distribution, the author agrees that the article, once published, will be submitted to various abstracting, indexing and archiving services as selected by the OZP.
- In addition, the author is encouraged to self-archive the article, once published, with reference to the place of the first publication.
- After the contribution appears in the OZP, it is still possible to publish it elsewhere with reference to the place of the first publication.
- The finished article, if published, will include a correspondence address (both postal and email) of the author.
- If written under the auspices of a grant from one or more funding agencies, such as FWF (Austrian Science Fund), ERC (European Research Council), and Horizon 2020 (EU Framework Programme), an article accepted for publication has to be deposited in an Open Access archive. The OZP’s archiving policy is compliant with these provisions. (In case the article derives on funding from a different source, the author is responsible to check compliance of provisions.)
