'Transposition' of EU regulations: the politics of supplementing EU regulations with national rules

This article argues for the inclusion of regulations in studies of EU policy implementation and compliance. Although both EU directives and EU regulations are to be implemented by the member states, the literature has devoted almost exclusive attention to directives. This is because, first, directives are considered more important than regulations. Second, the notification of the transposition of directives provides a convenient way to compare implementation records. Third, the transposition of directives allegedly introduces an extra implementation step. However, upon closer inspection all three reasons are flawed. Regulations - like directives - often require national rules to enter into effect, a fact long accepted by the European Court of Justice. This creates a situation remarkably similar to the transposition of directives. By analysing two case studies, we contribute by detailing this politico-legal situation, demonstrating its empirical relevance and sketching a new research agenda on the supplementation of EU regulations with national rules.

Automated summary

This article argues for the inclusion of regulations in studies of EU policy implementation and compliance. The current literature has mostly focused on directives, considering them more important, despite regulations following a similar implementation process.