Coding method

TABLE OF CONTENTS

 

Introduction

European level: factors coded

National level: factors coded

Limitations

Coding method 

Example of coding

Visualisation

Convergence Index: European level

 

Law v policy: law (1) leads to more convergence than policy (0).

Type of European instrument: Regulations (1) lead to more convergence than Directives (0).

Nature of policy: maximum harmonisation (1) leads to more convergence than minimum harmonisation (0).

Reference to self-regulation: if reference to self-regulation is made in an instrument (1), it leads to more convergence than if no such reference in made (0).

General clause: if an instrument does not contain a general clause (1), it leads to more convergence than if it does (0).

Black list: if an instrument contains a black list (1), it leads to more convergence than if it does not (0).

CJEU case law: the more preliminary references an instrument generates, the less convergence it leads to. This factor has been normalized by creating two categories of instruments – those with little case law (Doorstep Selling, Distance Selling, Consumer Sales = 1) and those with medium and high case law (Unfair Contract Terms, Unfair Commercial Practices = 0). For the first category, preliminary references range between four cases (Consumer Sales) and eight cases (Doorstep Selling). For the second category, the numbers are much higher, namely between 19 cases (Unfair Commercial Practices) to 45 cases (Unfair Contract Terms).

 

Convergence Index: National level

 

National transposition technique: transposing European law in a Consumer Code or a satellite law (1) leads to more convergence than transposing the rules in a Civil Code (0).

Reception of selected novel concepts: if the selected novel concepts have been transposed correctly (1 – this also includes functional equivalents), this leads to more convergence than if they have not (0). This factor sometimes requires normalization, depending on the number of novel concepts selected. The normalization is subsequently done by creating an average which then becomes the maximum value allotted to one individual such concept (e.g. if two concepts are identified, the max value given to each if the concept has been transposed correctly is 0.5).

Reception of selected open-ended norms: if the selected open-ended norms have been transposed correctly (1 – this also includes functional equivalents), this leads to more convergence than if they have not (0). The same normalization approach as with the above factor is applied.

Reference to European law in end legislation: if there is a reference to the transposed Directive in transposing legislation (1), it leads to more convergence than if there is none (0).

Timely transposition (date of national legislation): if Member States transpose European law timely (1), it leads to more convergence than if they do not (0).

Infringement procedures: if a Member State has had no infringement procedures initiated against it (1), this entails more convergence than if infringement procedures have been brought against a State (0).