A Practical Guide on EU Law for Local Governments: Responding to EU Legal, Institutional and Jurisdictional Challenges to Sub-State Entities
Date: 20 October 2022
Duration: 2 days
Location: Luxembourg (LU) & Online
Cost: € 900 - € 1000
Organiser: ECJL - European Centre for Judges and Lawyers/EIPA Luxembourg
Web Link: https://www.eipa.eu/courses/eu-law-local-governments/
EU law and EU law requirements produce an enormous weight on sub-state entities (federated units in federal states, regions, provinces and municipalities). Indeed, all these entities are responsible for the material application of EU law, having to ensure their administrative application and judicial enforcement. Moreover, depending on territorial repartition of state power among constituent units, some of these sub-state entities could have been awarded rule-making capacities to a different degree. Hence, and in these cases, these entities would also be responsible for the legal application of EU law requirements, resulting in the necessity of having to adopt transposition norms, regulatory provisions and legal acts of a different nature (from legislative acts to administrative acts).
In addition, all these sub-state entities have legal standing before the Court of Justice of the EU, to contest EU acts which are of their individual and direct concern. Also, they can ask for their participation as intervening parties in other ongoing procedures. Consequently, and in both cases, they can act as litigants against the action of EU institutions they presume illegal and resort to the procedures established by the Court.
Moreover, many of these entities pursue an active policy of advocacy of their interest vis-à-vis the EU institutions and at different European fora through different formulas (representation offices in Brussels, lobby strategies, etc.). All of them can also intervene in the decision-making process of the legal instruments they will have to adopt later on. Although the type of participation and their degree of influence in these processes is regulated by national law provisions, there are some EU instances or procedures where they can participate (European Committee of the Regions, working parties of Council, lobbying in the European Parliament, etc.).
In addition many of these entities are beneficiaries of EU grants and manage or will manage projects, financed by the European Structural and Investment Funds (ESIF) and the Recovery and Resilience Facility (RRF), which have to be in line with the principles of effectiveness, efficiency and economy and observe the applicable public procurement legislation, eligibility rules, audit trail, publicity rules, transparency, equal treatment and avoidance of conflict of interests and double funding.
What will you learn?
This highly practical course will aim to transfer to its participants the practical skills required to voice and represent the interest of local governments in the process of adopting EU legal acts. The course will equip them with the know-how necessary to ensure their correct legal absorption and administrative application once the acts are approved. This correct enforcement and application is necessary to avoid situations where these authorities breach EU law, whose prosecution by the Commission could lead to imposing severe economic sanctions on the Member State in question. Finally, the webinar will instil in participants the necessary strategies and skills to defend the interest of local governments before the court when these governments decide to participate in the procedure as plaintiffs or as an intervening parties and the necessary know-how to apply for EU funding.