Multi-level governance – Fostering participation in practice

Multi-level governance – Fostering participation in practice Gracia Vara Arribas g.vara-arribas@eipa-ecr.com

Agenda / Table of contents 1 The impact of the Lisbon Treaty on EU MLG 2 A better recognition of the regional and local level 3 Improvements regarding the involvement of RLA’s 4 A new typology of legal acts: novelties for the regions? 5 Conclusion

The entry into force of the Treaty of Lisbon (TL), in december 2009, has opened up a new cycle of governance preserving most of the key points of the dead Treaty establishing a Constitution for Europe. Many concrete novelties ensure that EU governance is evolving towards more advanced multi-level forms improving the standing of regions and cities in the European Union’s political system. 1. The impact of the Lisbon Treaty on the EU multi-level governance system Constitutive Value – Catalytic Value

Towards a real real MLG? • Treaty of Lisbon = opportunity • Result of almost 10 years of treaty reform • Consolidated framework for many years to come • Focus on policy delivery • Treaty now needs to be used to its full potential

2. A better recognition of local and regional authorities • Respect for minorities and protection of linguistic and cultural diversity • Respect for local and regional self-government • Recognition of the specificity of certain areas and regions • Greater account taken of the role of regional and local authorities with regard to services of general interests (SGIs) • Taking into account of the regional and local dimensions with regard to climate change, energy and civil protection; • Clearer delimitation of competences within the EU • Possibility to increase or reduce the EU competences • Representative democracy & partipatory democracy

Territorial cohesion The EU and territorial cohesion • The EU explicitly recognises "territorial cohesion" as a fundamental objective of the Community in addition to economic and social cohesion (Art. 3 of the Treaty on European Union (TEU), Art. 174 and 326 of the Treaty on the functioning of the European Union (TFEU) and Protocol nº28 on economic, social and territorial cohesion).

Phase 3: • The Committee of the Regions has to be consulted in new areas. • New areas under the Ordinary Procedure • More qualified Majority voting.- In 2014 the double majority system Phase 3

3. Improvements regarding the involvement of RLA’s EU legislative process during the ordinary legislative procedure Pre-legislative phase: European Commission evaluates policy options and prepares legislative proposal The EU institutions start discussing legislative proposal Transposition & Implementation of EU legislation Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 European Commission adopts legislative proposal European Parliament and Council adopt EU legislation

Phase 1: • The Commission, when it motivates its proposals, may include an impact analysis with a regional and local levels, particularly in financial terms. • The regional and local actions have to be planned or taken into account during the stakeholder consultation Phase 1

Phase 2: • The subsidiarity Early Warning system • The entering into force of the Lisbon Treaty boosts the role of the representative body of regional and local authorities, the Committe of the Regions (CoR) consolidating its powers from different ways. Phase 2

Phase 4: • The CoR can go to Court in cases of breach of the subsidiarity principle Phase 4

The strengthening of the CoR’s institutional role • With the Lisbon Treaty, the CoR obtains the right to bring legal actions before the Court of Justice of the Europan Union, in two different cases : • to protect the CoR’s own institutional prerogative ; • to request the annulment of EU legislative acts that it considers being in breach of the principle of subsidiarity.

EU legislative process during the ordinary legislative procedure How the CoR defend regional and local interests Pre-legislative phase: European Commission evaluates policy options and prepares legislative proposal The EU institutions start discussing legislative proposal CoR organises consultation CoR cooperates to Commission IA CoR adopts opinion Transposition & Implementation of EU legislation CoR monitors implementation Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 European Commission adopts legislative proposal European Parliament and Council adopt EU legislation CoR might go to Court CoR cooperates with regional and national parliaments

4. A new typology of legal acts: novelties for the regions? LEGISLATIVE ACTS A legislative act is established NON LEGISLATIVE ACTS Subsequent decisions are needed

Ordinary legislative procedure (co decision) A legislative act is established Special legislative procedure (Council with consultation or consent of Parliament) Subsequent decisions are needed NON LEGISLATIVE ACTS To IMPLEMENT the legislative act To SUPPLEMENT or AMEND the legislative act IN ITS NON ESSENTIAL ELEMENTS

Two types of non legislative acts Two separate bases in the new Treaty Delegated Acts Implementing Acts No Comitology committees Comitology committees Two different systems

The protocols comprise only legislative acts LEGISLATIVE ACTS A legislative act is established Protocol n 1 Protocol n 2 X X NON LEGISLATIVE ACTS Subsequent decisions are needed

5. Conclusion • The LT consolidates the EU multi-level governance system giving more weight to LRAs and their representative, the CoR. • The Treaty offers many new possibilities that need to be backed by political willingness at all levels.  the CoR’s White Paper on multi-level governance • In order to exploit the LT potentials, it is essential to establish a real MLG culture within the MS, its regions and the European level.

Thanks • Gracia Vara • www.eipa.eu

Multi-level governance – Fostering participation in practice