Multi-level governance – fostering participation in practice Gracia Vara Arribas Budapest, 23 March 2011 EIPA, 2011 ©

I. The impact of the Lisbon Treaty on EU MLG II. A better recognition of the regional and local level III. Improvements regarding the involvement of RLA’s IV. A new typology of legal acts: novelties for the regions? V. Conclusions Table of contents EIPA, March 23, 2011 ©

II. The impact of the Lisbon Treaty on the EU multi-level governance system 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. Constitutive Value – Catalytic Value EIPA, March 23, 2011 ©

Result of almost 10 years of treaty reform Consolidated framework for many years to come Treaty now needs to be used to its full potential Towards a real real MLG? Treaty of Lisbon = Opportunity Focus on policy delivery EIPA, March 23, 2011 ©

II. 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 EIPA, March 23, 2011 ©

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). EIPA, March 23, 2011 ©

III. Improvements regarding the involvement of LRA´s EU legislative process during the ordinary legislative procedure Phase 5 Pre-legislative phase: European Commission evaluates policy options and prepares legislative proposal EC adopts legislative proposal The EU institutions start discussing legislative proposal European Parliament and Council adopt EU legislation Transposition & Implementation of EU legislation Phase 4 Phase 3 Phase 2 Phase 1 EIPA, March 23, 2011 ©

EU legislative process during the ordinary legislative procedure Pre-legislative phase: European Commission evaluates policy options and prepares legislative proposal 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 EIPA, March 23, 2011 ©

EU legislative process during the ordinary legislative procedure EC adopts legislative proposal 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. EIPA, March 23, 2011 ©

EU legislative process during the ordinary legislative procedure The EU institutions start discussing legislative proposal 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 EIPA, March 23, 2011 ©

EU legislative process during the ordinary legislative procedure European Parliament and Council adopt EU legislation Phase 4 The CoR can go to Court in cases of breach of the subsidiarity principle EIPA, March 23, 2011 ©

EU legislative process during the ordinary legislative procedure With the Lisbon Treaty, the CoR obtains the right to bring legal actions before the Court of Justice of the European 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. The strengthening of the CoR’s institutional role EIPA, March 23, 2011 ©

IV. A new typology of legal acts: novelties for the regions? A legislative act is established Subsequent decisions are needed Legislative acts NON Legislative Acts EIPA, March 23, 2011 ©

The protocols comprise only legislative acts A legislative act is established Subsequent decisions are needed Legislative acts NON Legislative Acts Protocol 2 Protocol 1 X X EIPA, March 23, 2011 ©

V. Conclusions 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. EIPA, March 23, 2011 ©

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