About this course
EU law ad EU law requirements carry out 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 amongst 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 acts 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 for a through different formulas (representation offices in Brussels, lobby strategies, etc.). Finally, all of them can intervene in the decision-making process of the legal instruments they will have to later on adopt. 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 (Committee of the regions, working parties of Council, lobbying in the European Parliament, etc.).
Against this backdrop, this training will strive to chart the position of sub-state realities in the EU legal system.
Who is this seminar for?
- Public sector employees from sub-state entities in their different levels (federated 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.
- 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 of 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 in the jurisdictional application of EU law is.
- Private practicing lawyers, consultants and other interested actors from the private sector, who wish to update their knowledge in this topic and obtain a comprehensive overview.
Seminar methodology/ highlights:
This seminar will present up to date and in-depth contents of highly practical professional value for its participants, delivered by a team of experts speakers from the relevant EU entities and sub-state authorities. The seminar’s program will illustrate content with practical cases, allowing for ample time for exchange and networking with amongst experts and participants. A study visit to relevant European and national authorities is also foreseen.
What you will learn in this course
The fundamental objective of this seminar is to strive to chart the position of sub-state realities in the EU legal system. The seminar has a practical vocation and aims at transferring its participants the practical skills required to voice and represent their interest in the process of adoption of EU legal acts. Once the acts are approved, the seminar will equip them with the knowhow necessary to ensure its correct legal absorption and administrative application. This correct material / legal application is necessary to avoid situations where a Member State breach of EU law, whose prosecution by the Commission could lead to impose severe economic sanctions on the Member State in question
By the end of the seminar, 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 that you can ensure their correct material and legal application
- Have a clear understanding of the criteria for the distribution of competences between the EU, state and sub-state authorities, so that 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)
- Have an insight knowledge of 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
- Have 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 conform interpretation, of dis-applying the state / sub-State provision contradictory to EU law, etc.)
- Have 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 complain, how to respond to the written allegations of the defendant EU institution, how to plead before the Court before during the hearings)
Presidency of the Friuli Venezia Giulia Autonomous Region (IT)
General Directorate – International relations and European programming dept.
Brussels Liaison Office, Rue du Commerce 49 – 1000 Brussels
Ms Christiane Lamesch
Tel: +352 426 230 302
The fee includes documentation and refreshments, two lunches and a reception. Accommodation and travel costs are at the expense of the participants or their administration.
EIPA offers a 10% discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.
Early bird discount
For this course EIPA offers an early bird discount of 50 euro. The early bird deadline is 17 March 2020.
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, United Kingdom.
For all other participants, the regular fee applies.
Special dietary requirements (e.g. vegetarian, diabetic) can be indicated once you receive the confirmation of the seminar.
Prior payment is a condition for participation.
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.).
|08.30||Registration of participants|
|09.00||Welcome of participants and opening of the seminar
Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg
|Local governments and the EU legal order|
|09.15||Repartition of competences between the EU, Member States and sub-state entities
Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, EIPA Luxembourg, and Benjamin Hurard, Head of the External Relations Directorate, Parliament of Wallonia
|10.00||The system of sources of EU law. EU legal instruments and their impact on local governments
Juan Diego Ramírez-Cárdenas Díaz & Benjamin Hurard
|11.30||Relations between EU law and the legal order of sub-state entities. Practical consequences for local governments and their administrations
Petra Jeney, Senior Lecturer, EIPA Luxembourg
|13.45||Coordination between central and local governments in the normative application and administrative application of EU law
NN and Alejandro Rubio, Abogado del Estado, Legal Service before the European Court of Justice, Secretariat of State for the European Union, Ministry of Foreign Affairs and Cooperation, Madrid (to be confirmed)
|Representing local governments at EU decision-making fora|
|15.15||The participation of sub-state entities in formal EU rule-making procedures
Petra Jeney and Sergio Alonso de León, Legal Adviser, Legal Service, European Parliament
|16.15||Advocacy of sub-state interests in Brussels
|17.30||Study visit to the Committee of the Regions|
|18.30||End of first day and reception|
|Local governments and the EU judicial system|
|09.00||Sub-state entities before the Court of Justice of the European Union
Ludovic Bernardeau, Legal Secretary, Chambers of Judge Ingrida Labucka, General Court of the European Union, Senior Lecturer, University Paris X
|10.45||The defense of local government interests’ before the Court: the action for annulment
|11.45||The infringement procedure and sub-state entities
Minas Konstantinidis, Legal Adviser, Legal Service, European Commission
|14.00||Coordination between central and local governments in procedures before the Court of Justice of the EU
NN & Alejandro Rubio (to be confirmed)
|17.30||Study visit to an institution of the Belgian federal entities in Brussels|
|18.30||End of the seminar|