The Role of the Regions in EU Governance

Preface

References

Contents

Part I: Regions in the EU

Chapter 1: In the Name of Democracy: The External Representation of the Regions in the Council

A. Composition of the Council

I. EEC Treaty

II. Treaty of Maastricht

B. Rationale for the Participation of Representatives of the Regions in Council Meetings

C. How Does the Participation of the Regions in the Council Work?

I. Austria

II. Belgium

III. Germany

IV. Italy

V. Spain

VI. UK

VII. Council Presidency

VIII. Evaluation of the Effectiveness of Such Participation Rights of the Regions

IX. Possible Limits and Drawbacks of the Participation of the Regions in Council Meetings

D. Regions Within Coreper

E. Regions Within Council Working Groups

F. Is Participation in Council Meetings Something the Regions Cannot Live Without?

Selected Bibliography

Chapter 2: The Locus Standi of the Regions Before EU Courts

A. Regions´ Direct Access to the EU Courts

I. Legal Personality of Regions

II. Direct Concern of Regions

1. Decision Being of Direct Concern

a) State Aid

b) Structural Funds

c) Cohesion Fund

2. Legislative Measure Being of Direct Concern

3. Summary

III. Individual Concern of Regions

B. Regions´ Indirect Access to the EU Courts

I. Annulment Actions Brought on Behalf of REGIONS

II. The Position of Regions in Preliminary Ruling Proceedings

C. Changes Through the Lisbon Treaty?

D. Critical Evaluation

Selected Bibliography

Chapter 3: The Protection of Member States’ Regions Through the Subsidiarity Principle

A. Introduction

B. Which EU Action Needs to Satisfy the Subsidiarity Test?

C. What Does It Need to Satisfy the Subsidiarity Test?

I. The Ability of National and Regional Authorities to Achieve the Proposed Objectives

II. The Added Value of Union Action to Achieve the Proposed Objectives

D. What Protection Can National and Regional Authorities Expect from the Subsidiarity Principle?

I. Legal Protection Through Judicial Enforcement

1. Substantive Assessment of the Subsidiarity Test

2. Statement of Reasons with Respect to the Subsidiarity Test

II. Political Pressure to Be Exercised Within the Decision-Making Process

E. The Impact of the Lisbon Amendments on the Protective Value of the Subsidiarity Principle

I. Discussion of the Subsidiarity Principle in the Decision-Making Process

II. Judicial Review of Union Decisions Against the Subsidiarity Principle

F. Guardians of Subsidiarity: To Be Found at National or Regional Level?

Selected Bibliography

Chapter 4: The Role and Function of Structural and Cohesion Funds and the Interaction of the EU Regional Policy with the Internal Market Policies

A. Introduction

B. The Legal Basis of EU´s Regional Policy and the EU Structural Funds

C. The General Principles of Structural Funds

I. The Principle of Programming

II. The Principle of Partnership

III. The Principle of Additionality

IV. The Principle of Authentication

V. The Principle of Probity

D. The Function of Structural and Cohesion Funds

I. The European Regional Development Fund

1. Objective 1 Measures: Development of the Least Favoured Regions

2. Objective 2 Measures: Conversion of Regions Facing Difficulties

3. Interreg III: Measures of Interregional Cooperation

4. Urban II: Measures of Sustainable Development of Urban Areas

5. Innovative Actions – Development of Innovative Strategies to Make Regions More Competitive

II. The European Social Fund

III. The European Agricultural Guidance and Guarantee Fund

IV. The Financial Instrument for Fisheries Guidance

V. The Cohesion Fund

E. The EU Regional Policy and the Structural Funds in the Twenty-First Century

F. The EU Regional Policy and the Internal Market Policies

G. Conclusions

Selected Bibliography

Chapter 5: The Committee of the Regions and the Challenge of European Governance

A. Premise

B. Role and Legal Nature of the Committee

C. Composition

D. Organisation

E. Tasks

F. Political Priorities

G. Activities

I. Cooperation with Associations of Local and Regional Authorities

II. Debate Europe

III. Lisbon Strategy

IV. Multilevel Governance

V. Structured Dialogue

VI. The European Grouping of Territorial Cooperation

VII. The Committee and the Principle of Subsidiarity

H. Impact Analysis of the Action of the Committee

I. Final Remarks: The Role of the Committee in the European Governance

Selected Bibliography

Part II: National Patterns

Chapter 6: Germany: A Cooperative Solution to the Challenge of the European Integration

A. Introduction

B. The German Federal System

C. The Transfer of Powers to the European Union

D. The Role of the Länder Vis-à-Vis Further Amendments to the Treaties

E. The Participation of the Länder in the EU Law-Making Phase: Indirect Participation

F. The Direct Participation of the Länder at EU Level

G. Representation Offices of the Länder in Brussels and the Länderbeobachter

H. The German Länder in the Committee of the Regions

I. Defence of the Länder Competences on the Judicial Level

J. The Fulfilment of EU Obligations in the Domestic Sphere

K. Concluding Remarks

Selected Bibliography

Chapter 7: State and Regions Vis-a-Vis European Integration: The ``Long (and Slow) March´´ of the Italian Regional State

A. Introduction

I. The Italian Regional State

II. Constitutional Reform and ``Regional EU Power´´

B. Regional Participation

I. Internal Participation

II. External Participation

C. The Procedure Before the European Court of Justice

D. The Implementation of EU Law

E. The Substitution Power

F. Conclusions

Selected Bibliography

Chapter 8: The Spanish Autonomous Communities in the EU: ``The Evolution from the Competitive Regionalism to a Cooperative System´´

A. Competitive Regionalism in the Spanish Autonomic State

I. The Autonomic State in the Spanish Constitution

II. The Spanish Autonomic State and Accession to the European Communities

III. Restatement of the Internal Share of Competences After Accession to the European Communities

B. Internal Participation

I. Main Characteristics

II. Autonomous Communities´ Intervention in the EU Decision-Making Procedure

1. The Creation of the CARCE as a Body of Cooperation Between the State and the Autonomous Communities

2. CARCE Agreement for Autonomic Participation in EU Matters Through Sectoral Conferences

3. The Creation of an Office for Autonomic Affairs

4. The Spanish Senate´s Reform: An Opportunity for Autonomic Participation in EU Affairs?

5. Autonomic Participation in Some European Council Formations

6. The Regulation of European Affairs in Recent Reforms of the Autonomic Statutes

III. Autonomous Communities Participation in the Implementation of EU Law

1. The Institutional Autonomy Principle and the Respect of the Internal Distribution of Competences

2. Guarantees for the Implementation of EU Law Decisions by the Autonomous Communities

State Substitution Powers

The Position of the Autonomous Communities in Infringement Procedures Before the EU

C. External Participation

I. Direct Participation: The Autonomous Communities and the Committee of Regions

II. Participation in the European Parliament: The Autonomic Members of the European Parliament

III. The Autonomous Communities´ Presence in Brussels: The Autonomic Representation Offices

IV. Another Attempt at Participation: The ``Non nato´´ Observer of the EU

D. The Judicial Defence of Autonomous Communities´ Competences Affected by the EU Integration Process

I. Defence Before National Courts

II. Defence Before EU Courts

E. Conclusion

Selected Bibliography

Chapter 9: Austria: The Role of the ``Länder´´ in a ``Centralised Federal State´´

A. Introduction: The Länder and Austrian EU Membership

I. Austria as a Federal State in the European Union

II. The Total Revision of the Austrian Constitution in 1995

III. The Federal Principle and the Transfer of Länder Powers to the European Union

1. Amendments to European Primary Law

2. Amendments to European Secondary Law

B. Constitutional Law Regarding European Integration (``Staatliches Integrationsverfassungsrecht´´)

I. Information Rights of the Länder

II. Articulation of the Länder Position in European Governance

III. Representation of the Länder

1. Forms of Direct Involvement of the Regions in EU Law and Policy Making

Direct Participation of the Länder

Agreement Between the Federation and the Länder According to Art. 15a B-VG

Integrationskonferenz der Länder (IKL, Integration Conference of the Länder)

Other Instruments

2. Forms of Indirect Involvement of the Regions in EU Law and Policy Making

IV. Judicial Defence of the Regions´ Competences at the National and European Levels with Regard to an Invasion of Competences of the Regions by the EU

V. The Fulfilment of EU Obligations in the Internal Sphere

C. Main Areas of Overlap Between the Competences of the Regions and Those of the EU

D. Representation Offices of the Regions in Brussels

E. Conclusion

Selected Bibliography

Chapter 10: France: Centre, Regions and Outermost Regions: The Case for a New French and European Governance

A. Introduction

B. Post 1982 Decentralisation in France

C. The Transfer of Powers of the Regions to the EU

D. Direct and Indirect Participation by the Territorial Entities in the Council

E. Liaison Offices, Lobbying and Networking by the French Regions in Brussels

F. The French Presence in the Committee of the Regions

G. The Peculiar Position of the Overseas Regions in the EU Context

H. The Fulfilment of EU Obligations in the Domestic Sphere

I. The Defence of the Competences of the Regions on the Judicial Level

J. Conclusion

Selected Bibliography

Chapter 11: Belgium: The State and the Sub-State Entities Are Equal, But Is the State Sometimes Still More Equal Than the Others?

A. Introduction

B. Introduction to the Complex Belgian Federalism

I. The Evolution from a Unitary State to a Federal State

II. Some Specificities of Belgian Federalism

C. The Transfer of Powers from the Communities and the Regions to the EU

I. Constitutional Provisions

II. Procedure to Diminish the Internal Democratic Deficit

D. Representation of the Sub-State Entities in European Institutions

I. Representation in the Council of Ministers

II. Representation in the Permanent Representative of the Communities and the Regions

III. Representation Offices of the Sub-State Entities in Brussels

IV. The Committee of the Regions

E. Defence of the Competences of the Communities and the Regions at the Judicial Level

I. Direct Challenge before the European Court of Justice

II. New Rules Concerning the Principal of Subsidiarity in the Treaty of Lisbon

F. Fulfilment of EU Obligations in the Internal Sphere

G. Conclusion

Selected Bibliography

Chapter 12: Devolution and European Representation in the United Kingdom

A. Introduction

B. The Legal Position: Devolved Government and European Union Policy Making

C. The Position under the Scotland Act 1998

D. The Position Under the Northern Ireland Act 1998

E. The Position Under the Government of Wales Act 2006

F. The Impact of European Law on Devolved Powers

G. The Arrangements for Representation of Devolved Governments in EU Policy Making

I. The General Framework for Cooperation

II. The Role of the Joint Ministerial Committee (JMC)

III. The Potential Role of the Courts

H. Devolved Competences and the European Court of Justice

I. Representation in the Committee of the Regions

J. Alternative Methods of Influence: Representative Offices and Other Means

K. Conclusions

Selected Bibliography

Conclusion: The Role of the Regions in the European Union: The ``Regional Blindness´´ of Both the EU and the Member States

Introduction

The Transfer of Powers of the Regions from the National Level to the EU

The Expansion of the EU Sphere of Competence in Ways Other than a Treaty Amendment

Main Areas of Overlap Between the Competences of the Regions and Those of the EU

The Participation of the Regions in the EU Law and Policy Making: The Regions in the Council

Internal Cooperation

External Representation in the Council

A ``Constitutional Myth´´: The Enforcement of Regions´ Participation Rights in Domestic Courts

The Intervention of the Constitutional Court in the Event of an Encroachment by the EU on Competences of the Regions

The Never-Ending Question of the Locus Standi of the Regions

A la recherche of a Way Out: Are Art. 277 TFEU and Art. 267 TFEU Viable Alternatives to a Direct Challenge?

New Developments After Lisbon?

A Pragmatic Approach: The Judicial Defence of the Rights of the Regions at EU Level Through the National Government

A Jiminy Cricket for the EU: The ``Early Warning´´ System

Authorities at Home, Lobbyists in Brussels: The Liaison Offices of the Regions in Brussels and Other Forms of Contact with the EU Institutions

The Committee of the Regions: An Upgraded Role for a Consultative Body

The Fulfilment of EU Obligations in the Domestic Sphere

Financial Liability of the Regions

Substitution Powers of the State: ``Trojan Horse´´ for Surreptitious Re-Centralisation or Tool for ``Sustainable Integration´´?

Defence of the Regions in the Infringement Procedure

Concluding Remarks

Selected Bibliography