A Practical Guide on EU Law for Local Governments

Project number: 2150001

- Online Course -

Date & pricing

20/09/2021 - 21/09/2021
Register before: 10/09/2021

€ 700,00 per attendee

€ 630,00 for EIPA members*

A Practical Guide on EU Law for Local Governments

From:  630,00

This highly practical webinar 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.

Book up until 20 July 2021 to get a 20% early bird discount

About this online course

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 webinar 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 webinar 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 webinar 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 webinar will be delivered via ZOOM and combine content sessions with others of a more interactive nature, allowing ample time for exchange and networking among experts and participants.

How will it help you?

y 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.

Target group

  • 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.
Gracia Vara Arribas

Gracia Vara Arribas

Regions and cities in the EU, Impact Assessment and Evaluation, Strategic Public Procurement

Iwona Karwot

Iwona Karwot

EU Structural and Cohesion Funds

Radoslav Nedyalkov

Radoslav Nedyalkov

Chief auditor in Audit of European Union Funds Executive Agency

Practical information

Online Course
For this online course we make use of Zoom

Programme Organiser
Ms Christiane Lamesch
Tel: +352 426 230 302
c.lamesch@eipa.eu

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

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
Book up until 20 July 2021 to get a 20% early bird discount

Please note that the early bird discount will be applied at a later stage, when you receive the final invoice. The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.

Payment
Prior payment is a condition for participation.

Cancellation policy
For administrative reasons you will be charged € 50 for cancellations received within 7 days before the activity begins. There is no charge for qualified substitute participants.

EIPA reserves the right to cancel the activity up to 1 week before the starting date. In that case, registration fees received will be fully reimbursed.

I have a question

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The programme

08.45 Registration of participants
09.00 Welcome and introduction to the webinar
Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg
LOCAL GOVERMENTS AND THE EU LEGAL ORDER
09.15 Division of competences between the EU, Member States and sub-state entities

  • The EU as a multilevel-governance system. Who does what?
  • Typology of EU competences
  • The principle of subsidiarity and its control by state and regional parliaments

Gracia Vara Arribas, Expert, European Institute of Public Administration, EIPA

10.15 Q & A Session
10.30 Break
10.45 The system of sources of EU law. EU legal instruments and their impact on local governments

  • Typology of EU norms and their respective legal force
  • Legislative acts vs delegated and implementing acts
  • Normative implementation and administrative application of EU norms by sub-state entities
  • Relations between EU law and the legal order of sub-state entities (primacy, direct effect and state liability

Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer & Gracia Vara Arribas, Expert, European Institute of Public Administration

11.45 Q & A Session
12.00 Lunch break
REPRESENTING LOCAL GOVERMENTS AT EU DECISION-MAKING FORA
13.00 The participation of sub-state entities in formal EU rule-making procedures

  • Involvement and interest representation of local governments in EU decision-making fora: Commission’s committees, Council working parties, etc.
  • Practical commentary of legislative procedures with special reference to the ordinary legislative procedure

N.N.

14.00 Q&A Session
14.15 Break
14.30 Advocacy of sub-state interests in Brussels

  • Comparative overview of solutions offered by Member States to coordinate local and central governments’ interests in view of EU negotiations
  • The role of local government offices in Brussels.
  • Analysis of mechanisms (formal and informal) for territorial interest representation: the role of local government offices in Brussels
  • Effective lobby strategies to influence policy outcomes

Serafín Santos Vidal, Head of European Policy at the Scottish Convention of Local Authorities (COSLA) and Researcher

15.30 Q & A Session
15.45 Interim conclusions
16.00 End of the 1st day
08.45 Registration of participants
LOCAL GOVERNMENTS AND THE EU JUDICAL SYSTEM
09.00 The defense of local government interests’ before the Court: the action for annulment

  • Admissibility questions in annulment actions: reviewability of the challenged acts and the standing of the applicant
  • Key procedural issues of annulment actions
  • Possibility of appeal against the decisions of the General Court
  • Examples of recent litigation in annulment matters

Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers

10.00 Q&A Session
10.15 Break
10.30 The infringement procedure and sub-state entities

  • Who can breach EU law? Sub-state entities infringing EU law
  • Practical commentary of the procedure and its administrative and litigation phases
  • Effective strategies allowing Member States to improve their position throughout the procedure

Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, EIPA Luxembourg – European Centre for Judges and Lawyers

11.30 Q&A Session
11.45 Lunch break
EU FUNDS FOR THE REGIONS IN THE PROGRAMMING CYCLE 2021 / 2027
13.00 Types of funds available to the regions

  • MFF 2021-2021 and EU Funding, with a special focus on ERDF, CF and ESF+
  • Next Generation EU, with a special focus on Recovery and Resilience Facility

Iwona Karwot, Senior Lecturer, European Institute of Public Administration

14.00 Q&A Session
14.15 Break
14.30 Audit and anti-fraud rules and requirements in the ESIF and RRF.

  • Requirements related to the anti-fraud measures and avoidance of conflict of interests in ESIF and RRF projects
  • Common errors, financial corrections and risks in the implementation of EU funded projects
  • How to observe the sound financial management during the implementation of the ESIF and RRF projects.

Radoslav Nedyalkov, CGAP, Chief auditor in Audit of EU Funds Executive Agency, Bulgaria

15.30 Q&A Session
15.45 Final Conclusions
16.00 End of the webinar