multi-level governance – fostering participation in practice

learning and development - consultancy - research EIPA 2011

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European Institute of Public Administration - Institut européen d’administration publique

Multi-level governance – Fostering participation in practice

Gracia Vara [email protected]

EIPA 2011 - WWW.EIPA.EU

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Agenda / Table of contents

The impact of the Lisbon Treaty on EU MLG

A better recognition of the regional and local level

Improvements regarding the involvement of RLA’s

A new typology of legal acts: novelties for the regions?

Conclusion

1

2

3

4

5


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1. The impact of the Lisbon Treaty on the EU multi-level governance system

The entry into force of the Treaty of Lisbon (TL), in december 2009, has opened up a new cycle of governance preserving most of the key points of the dead Treaty establishing a Constitution for Europe.

Many concrete novelties ensure that EU governance is evolving towards more advanced multi-level forms improving the standing of regions and cities in the European Union’s political system.

Constitutive Value – Catalytic Value


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Towards a real real MLG?

Treaty of Lisbon = opportunity

Result of almost 10 years of treaty reform

Consolidated framework for many years to come

Focus on policy delivery

Treaty now needs to be used to its full potential


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2. A better recognition of local and regional authorities

Respect for minorities and protection of linguistic and cultural diversity

Respect for local and regional self-government

Recognition of the specificity of certain areas and regions

Greater account taken of the role of regional and local authorities with regard to services of general interests (SGIs)

Taking into account of the regional and local dimensions with regard to climate change, energy and civil protection;

Clearer delimitation of competences within the EU

Possibility to increase or reduce the EU competences

Representative democracy & partipatory democracy


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Territorial cohesion

The EU explicitly recognises "territorial cohesion" as a fundamental objective of the Community in addition to economic and social cohesion (Art. 3 of the Treaty on European Union (TEU), Art. 174 and 326 of the Treaty on the functioning of the European Union (TFEU) and Protocol nº28 on economic, social and territorial cohesion).

The EU and territorial cohesion


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Phase 3:

The Committee of the Regions has to be consulted in new areas.

New areas under the Ordinary Procedure More qualified Majority voting.- In 2014 the double

majority system

Phase 3Phase 3


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3. Improvements regarding the involvement of RLA’s

Pre-legislative phase: European Commission evaluates policy options and prepares legislative proposal

The EU institutions start discussing legislative proposal

European Commission adopts legislative proposal

EU legislative process during the ordinary legislative procedureEU legislative process during the ordinary legislative procedure

European

Parliament and

Council adopt

EU legislation

Transposition &

Implementation

of EU legislation

Phase 1Phase 1 Phase 2Phase 2 Phase 3Phase 3 Phase 4Phase 4Phase 5


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Phase 1:

The Commission, when it motivates its proposals, may include an impact analysis with a regional and local levels, particularly in financial terms.

The regional and local actions have to be planned or taken into account during the stakeholder consultation

Phase 1Phase 1


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Phase 2:

The subsidiarity Early Warning system The entering into force of the Lisbon Treaty boosts

the role of the representative body of regional and local authorities, the Committe of the Regions (CoR) consolidating its powers from different ways.

Phase 2Phase 2


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Phase 4:

The CoR can go to Court in cases of breach of the subsidiarity principle

Phase 4Phase 4


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The strengthening of the CoR’s institutional role

With the Lisbon Treaty, the CoR obtains the right to

bring legal actions before the Court of Justice of the

Europan Union, in two different cases :

to protect the CoR’s own institutional prerogative ;

to request the annulment of EU legislative acts that it considers being in breach of the principle of subsidiarity.


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Pre-legislative phase: European Commission evaluates policy options and prepares legislative proposal

The EU institutions start discussing legislative proposal

European Commission adopts legislative proposal

EU legislative process during the ordinary legislative procedureEU legislative process during the ordinary legislative procedure

European

Parliament and

Council adopt

EU legislation

Transposition &

Implementation

of EU legislation

Phase 1Phase 1 Phase 2Phase 2 Phase 3Phase 3 Phase 4Phase 4Phase 5

CoR organises

consultation

CoR cooperates to

Commission IA

CoR cooperates with

regional and national

parliaments

CoR adopts opinion

CoR might go

to Court

CoR monitors

implementation

How the CoR defend regional and local interests


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A legislative act is

established

LEGISLATIVE ACTS

Subsequent decisions are

needed

NON LEGISLATIVE ACTS

4. A new typology of legal acts: novelties for the

regions?


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established

Ordinary legislative procedure(co decision)

Special legislative procedure(Council with consultationor consent of Parliament)


needed

To IMPLEMENTthe legislative act

To SUPPLEMENTor AMENDthe legislative act

IN ITS NON ESSENTIAL ELEMENTS

NON LEGISLATIVE

ACTS


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Two types of non legislative acts

Two separate bases in the new Treaty

No Comitology committees

DelegatedActs

ImplementingActs

Comitology committees

Two different systems


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established

LEGISLATIVE ACTS


needed

NON LEGISLATIVE ACTS

The protocols comprise only legislative acts

Protocol n 1Protocol n 2

X

X


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5. Conclusion

The LT consolidates the EU multi-level governance system giving more weight to LRAs and their representative, the CoR.

The Treaty offers many new possibilities that need to be backed by political willingness at all levels. the CoR’s White Paper on multi-level governance

In order to exploit the LT potentials, it is essential to establish a real MLG culture within the MS, its regions and the European level.

multi-level governance – fostering participation in practice

Documents

legislative phase

lisbon treaty

eu governance

local authorities

role of regional

dead treaty

treaty of lisbon tl

local dimensions