Transcript NGOs and European Policy Implementation: Actions

European Institute of Public Administration - Institut européen d’administration publique
NGOs and European
Policy Implementation: Actions
Dr Alan Hardacre
Belgrade, 2 November 2010
learning and development - consultancy - research
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Policy Implementation
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Implementing EU Law
European level
Member state level
 The Commission as
‘guardian of the Treaties’
 Formal implementation,
i.e. transposition (the law in
the books)
 Comitology (Art. 290-291
TFEU)
 Direct implementation by
the Commission (e.g.
competition)
 EU agencies
 Practical implementation,
i.e. enforcement by
regulators and compliance
by the regulated (the law in
action)
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Different Ways to Ensure Implementation
 The National Level
 The European Legal Level
 The European Political Level
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The National Route
 The first line for national implementation = your
national ministry
 You need to work with national stakeholders,
media, etc to drive this level
• Monitoring
• Fact Gathering
• Publicity
•Advocacy Material
• Tailored to the needs of audiences
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Implementation in the field of the Environment at
EU level
European Union Network for the
Implementation and Enforcement of
Environmental Law, is an international
association of environmental authorities in
Europe: http://impel.eu/
European Union Forum of judges for the
environment: http://www.eufje.org/EN/
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European Legal Approach
The Commission has the central responsibility to
ensure the correct application of Community law
Different infringement possibilities :
(1) non-respect of Treaty articles,
(2) non-respect of a regulation or decision,
(3) non-respect of the deadline of transposition of a
directive
(4) non-conformity of transposition with the
principles of the directive
(5) subsequent improper application
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How Infringements Work
Ways of launching an infringement procedure :
1. Complaints (See COM(2002)141)
2. CDO (“Cas décelé d’office”: cases which
Commission launches of its own initiative)
3. No communication of NEM
the
DGs are the lead departements, working with the Legal
Service and SecGen to take the necessary legal steps
1. First step: letter of formal notice; (art. 258 TFEU)
2. Second step: reasoned opinion;
3. Third step: Court referral - fine possible: art. 260(3)
TFEU
http://ec.europa.eu/community_law/infringements/infringements_en.htm
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Infringement proceedings can get costly...
 possibility of imposing a lump sum or a penalty
payment to MS in cases of non-communication of
transposition measures
 but the Court cannot impose a lump sum or penalty
payment exceeding the amount specified by the
Commission in the referral
- Daily penalty since 2005 = 600 EUR x seriousness [1-20]
x duration [1-3] x n factor [0.36-25.40]
- Lump sum = 200 EUR x seriousness [1-20] x duration
[number of days from Art. XX judgement] x n factor [0.3625.40]
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Infringements faster after Lisbon
Art. 226/228
Art. 258/260 TFEU
 The Commission can already at the stage of the first
Court referral (pursuant to art. 258 TFEU) request
payment of a penalty for failure to notify
transposition measures.
 the infringement procedure under Article 260 TFEU
is shortened. The Commission can start a second
Court referral without sending a (second) reasoned
opinion (art. 260 TFEU)
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From National to European Political Level
 Go from National to European if required….
 Relations to the major international NGOs present in
Brussels:
Green 10
The Green 10 consists of the ten leading environmental nongovernmental organisations (NGOs) active at EU level:
•BirdLife International (European Community Office)
•Climate Action Network Europe (CAN Europe)
•CEE Bankwatch Network
•European Environmental Bureau (EEB)
•European Federation of Transport and Environment (T&E)
•Health and Environment Alliance
•Friends of the Earth Europe (FoEE)
•Greenpeace Europe
•International Friends of Nature (IFN)
•WWF European Policy Office
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European Political Level
Inside
Outside
 Face to Face Meetings
 E-Mailing, Letters, Position
Papers
 Drafting Amendments
 Consultations
 Open Hearings
 Events
 Site Visits
Facts
Evidence
 Networking
 Press Release
 Press Conference
 Issue Adverts
 Letter Campaigns
 Grassroots mobilisation
 Demonstrations
Footage
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Political Approach to Institutions
Commission
Parliament
Decision
Making
Council
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Identify your
networks
Political level
Commission
Commissioners’
cabinets
Technical level
Stakeholders
DG officials
User or consumer
organisations
Professional
federations
Secretariat General Officials
Council
MS national
experts
Members of Permanent
Representations
Company
representatives
Think tanks /
NGOs/ Media
EP
MEPs
Officials from committees
and political groups
Regions
Trade Unions
Committees and groups of
experts
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Conclusions
 Know your priorities for action
 Know which channels you have to Brussels – is
this government, MEP, NGO coalition?
 Gather solid information, date, evidence –
package it for the Brussels audiences
 Know how to ‘sell’ your information
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Do You Have
Any Questions?
We would be happy to
help.
[email protected]
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