EU Law for 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.

Course methodology

This couse will present up-to-date and in-depth contents of highly practical professional value for its participants, delivered by a team of EU expert speakers. The course will be delivered at EIPA premises in Luxembourg and combine content sessions with others of a more interactive nature, allowing ample time for exchange and networking among experts and participants.

By the end of the course, you will have acquired:

• an up-to-date knowledge of the different sources of EU law and an understanding of the obligations on sub-state entities resulting from them, so you can ensure their correct material and legal application;
• a clear understanding of the criteria for the distribution of competences between the EU, state and sub-state authorities, so you can determine the roles of your entity in the implementation of European policies and, hence, devise a coherent normative and policy plan in connection with the policy actions of the other two levels (EU and state);
• an insight into the different EU mechanisms (formal and informal) and fora where sub-state interests can be presented and advocated, and a grasp of the most useful strategies to influence EU policy outcomes;
• a clear comprehension of the principles (primacy, direct effect, etc.) that govern the relations between the legal order of the EU and that of the Member States, and their implications on the work of civil servants of sub-state administrations when applying EU norms (duties of consistent interpretation, of dis-applying the state/sub-state provision contradictory to EU law, etc.);
• an understanding of the situations and cases in which sub-state entities can initiate a legal procedure before the Court of Justice of the EU and the practical know-how to properly operate in the different phases of the procedure (how to draft a complaint, how to respond to the written allegations of the defendant EU institution, how to plead before the court before and during the hearings).
• up-to-date knowledge of the different opportunities for financing of sub-state authorities and administrations projects by the EU programmes and facilities.
• a clear understanding of the legal framework and requirements in relation with the management and implementation of the EU funded projects.
• practical knowledge on the significant  risks in the implementation of the EU funded projects, common errors, financial corrections and audit findings.

• Public sector employees from sub-state entities in their different levels (federating units in federal states, regions, provinces, municipalities) in charge of, or involved in, the transposition of EU law and in the administrative application of EU legal requirements and management and implementation of EU funded projects;
• Elected officials from the above-mentioned entities, holding a political mandate and responsible for conceiving and devising public policy on the basis of EU demands and requirements;
• Personnel from offices in Brussels in charge of the representation and advocacy of territorial interest vis-à-vis EU institutions and in formal and informal negotiation fora;
• Magistrates from these jurisdictional demarcations, who want to gain a further grasp on what their role is in the jurisdictional application of EU law;
• Private practising lawyers, consultants and other interested actors from the private sector, who wish to update their knowledge on this topic and obtain a comprehensive overview.

Location
This course will take place as a hybrid event, which gives participants the possibility to participate either face-to-face or online via a live stream. In the registration form section Additional information | Order notes please add whether you will participate in-person or online.

Face to Face venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg

Programme Organiser
Ms Stéphanie Gemnig Comodi
Tel: +352 426 230 301
s.gemnig@eipa.eu

Discounts
EIPA member fee
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.

Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.

For all other participants, the regular fee applies

Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.

Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.

Payment
Prior payment is a condition for participation.

Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).