Signalling ‘compliance’: The link between notified EU directive implementation and infringement cases

Abstract

Research on member states’ compliance with European Union legislation often focuses on the timing of self-reported implementation measures. It is generally assumed that the earlier a member state adopts an implementation measure the more compliant it is. This is problematic because early measures may only partially address the goals of a European Union directive. We study whether and when reporting national legislation to signal directive implementation is associated with detected non-compliance by the European Commission. We find that unless facing strong reputational costs, member states often do report pre-existing measures of low fit to a given directive without making timely adjustments. Indicating compliance problems, this generally leads to the European Commission opening infringement cases.