EU Law for Local Governments

Are you an official working for a municipality, region or federated entity of an EU Member State or a candidate country?

Would you like to learn about the position of sub-state authorities and administrations in the EU legal system and their responsibilities in the application of EU law? Would you like to obtain an insight into the various forums and mechanisms permitting the intervention of these authorities in the shaping of EU policies?

By attending this highly practical course, you will acquire the practical skills required to voice and represent the interest of your local government in the process of adopting EU legal acts.

The course will also equip you with the know-how necessary to ensure their correct legal absorption and administrative application once the acts are approved, and avoid breaches of EU law which could end up to judicial prosecution.

Moreover, the course will instil in you the necessary strategies and skills to defend the interests of your local government against the EU institutions before the Court of Justice of the European Union.

Finally, the course will provide you with necessary know-how to apply for EU funding.

What will you learn

EU law and EU law requirements produce an enormous weight on sub-state entities (federated units in federal states, regions, provinces and municipalities). 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 forums 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 must 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.

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 of 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 forums 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 disapplying 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 to the management and implementation of the EU-funded projects;
• a practical knowledge of the significant risks in the implementation of the EU-funded projects, common errors, financial corrections and audit findings.

Course methodology/highlights

The course will be conducted by legal and policy experts of proven reputation who will discuss key topics, illustrated with examples and cases from litigation practice.

All sessions will be followed by Q & A allowing for the exchange of ideas, and discussions where participants will have the opportunity to share professional experiences.

Group discussions along the course will promote a high level of interactivity and provide enhanced learning opportunities.

Prior to the course, you will be given access to the course materials on our digital learning platform. This includes a short questionnaire, which will help us identify any specific questions you may have so we can consider as many of them as possible during the course.

Preparatory reading and materials will be available on the platform to facilitate joining the course. All course materials will be made available for the participants.

After the event, additional materials and references to relevant literature, documents and websites will be accessible on our learning platform.

Public sector employees from sub-state entities at different levels (federating units in federal states, regions, provinces, municipalities) in charge of, or involved in, the transposition of EU law and 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 forums.

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.

Course venue – to be determined
Barcelona (ES)

Programme Organiser
Ms Blanka Opletalova
Tel: +352 426 230 305
b.opletalova@eipa.eu

Fee
The fee includes documentation, refreshmentsand and lunches. Accommodation and travel costs are at the expense of the participants or their administration.

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.

Meals
Dietary preferences can be indicated on the registration form.

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.).

A few days before the start of the course you will receive the log-in details for accessing the course materials. You can log in here.