About this 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.). Finally, all of them can 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.).
Against this backdrop, this training will strive to chart the position of sub-state realities in the EU legal system.
Who this course is for
- 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;
- 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.
This seminar will present up-to-date and in-depth contents of highly practical professional value for its participants, delivered by a team of expert speakers from the relevant EU entities and sub-state authorities. The seminar will combine content sessions with others of an interactive nature (case studies, panel discussions), allowing ample time for exchange and networking among experts and participants. A study visit to relevant European and national authorities is also foreseen.
What you will learn in this course
The seminar, which has a practical aspect, 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 seminar 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 seminar will instil in participants the necessary know-how (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 a intervening parties.
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;
- have 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);
- have 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;
- 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 consistent 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 complaint, how to respond to the written allegations of the defendant EU institution, how to plead before the court before and during the hearings).
To be determined
Ms Christiane Lamesch
Tel: +352 426 230 302
The fee includes documentation and refreshments. Lunches, a reception or dinner are included if mentioned in the programme. 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 7 October 2019.
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.
EIPA has special price arrangements with a number of hotels. All rates are including breakfast and tourist tax. Should you wish to make use of this possibility, please book directly via the links below. Payment is to be made directly and personally to the hotel upon checking out. At the time of booking, please mention in the requested field the reservation code: EIPA, unless indicated otherwise.
- Hotel Novotel Kirchberg****, at the rate of €165, tel.: +352 429848-1; booking page: accorhotels.com (Company ID: SC000002048 – Access Code: IN281LU654).
- Hotel Melia****, via melia.com (booking code: 01350007ZKC), via tel.: +352 27 33 32 06 or via e-mail: email@example.com
- Hotel D’Coque*** via http://www.coque.lu/reservation-dhotel-en-ligne, tel.: +352 43 60 60 222
- Hotel Simoncini****, at the rate of €180, : +352 22 28 44; e-mail: firstname.lastname@example.org or email@example.com; www.hotelsimoncini.lu.
- Hotel Français***, at the rate of €140 tel.: +352 47 45 34; e-mail: firstname.lastname@example.org; hotelfrancais.lu (Reservation code: EIPA).
- Hotel Parc Plaza****, at the rate of €152, (Reservation code: EIPA0118). E-mail: https://www.goereshotels.com/parc-plaza-en
- Hotel Parc Bellevue***, at the rate of €108, (Reservation code: EIPA0118). E-mail: https://www.goereshotels.com/belle-vue-en
- : +352 44 23 23 23 23; e-mail: email@example.com www.goereshotels.com
- Hotel Domus***, at the rate of between €120 and €155,: +352 46 78 78 1; fax: +352 46 78 79; e-mail: firstname.lastname@example.org; www.domus.lu (Reservation code: EIPA).
Railway Station Area
- Hotel City****, at the rate of €189 (Monday to Thursday) and €150 (Friday to Sunday), tel.: +352 29 11 22; e-mail: email@example.com; cityhotel.lu (Reservation code: EIPA)
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 & 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
Sabrina Van De Velde, Attachée, Federal Public Service Foreign Affairs (FPS), Directorate General for Legal Affairs & 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
|Representing local governments at EU decision-making fora|
|15.15||The participation of sub-state entities in formal EU rule-making procedures
Petra Jeney & 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, Université Paris X
|10.45||The defence 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
Sabrina Van De Velde & Alejandro Rubio
|17.30||Study visit to an institution of the Belgian federal entities in Brussels|
|18.30||End of the seminar|