The form of the Law, the task of transposition, and European legitimacy. Review of Helen Xanthaki, Legislative Drafting for the EU. Transposition Techniques as a Roadmap for Better Legislation and a Sustainable EU

Abstract

In Legislative Drafting for the EU: Transposition Techniques as a Roadmap for Better Legislation and a Sustainable EU, Helen Xanthaki examines the role of legislative drafting and transposition techniques in shaping the quality and effectiveness of European Union law. By linking clarity, precision and unambiguity to legislative effectiveness, the author presents drafting not merely as a technical exercise, but as a structural component of regulatory performance and the political sustainability of the European project. Her analysis establishes a connection between legislative quality, legal compliance and citizens’ trust, placing the form of the law at the centre of contemporary debates on institutional legitimacy. From this perspective, the book reopens broader discussions on the ‘legibility’ of law and its implications for the culture of legality, particularly in a context characterised by increasing regulatory complexity, communication deficits and institutional disaffection. The Spanish experience with the transposition of EU directives –notably the challenges surrounding the implementation of whistleblower protection rules– illustrates the practical tensions inherent in the reception of EU law and underscores the relevance of the author’s claims. Within this framework, the book provides a fertile ground for questioning both the potential and the limits of legislative drafting as a tool for democratic legitimation.