Transposing EU Directives: The Effect of Being Outvoted in the Council of the EU

Contradictions are a widespread phenomenon in Europe and the EU, arising in various issues related to different areas. The legal dimension of the EU and its implementation processes are no exception to this. On the one hand, the establishment of a common legal framework is one of the driving forces of a European integration while on the other hand, member states fail to comply with EU law. Studies in the field of compliance research show that several variables can influence the implementation. Nevertheless, the decision-making process in the Council and its effects on the transposition of directives have not yet been investigated thoroughly. A qualified majority voting is required to adopt legislative acts in most policy areas within the Council, which means that member states can be outvoted. However, does being outvoted actually lead to member states transposing the respective directive with a delay or not in compliance with the law?

This paper aims to examine the extent to which being outvoted in the Council actually affected the transposition of directives during the period 2000 to 2008, using Austria as an example. After analysing all contested directives, their decision-making processes, and their transposition in a quantitative and qualitative way, new conclusions could be drawn on the effect this contested stance has had on the punctuality and legal conformity of the transposition of the corresponding directives, and the specific effects of previous contestations of the transposition of the directives.