This article analyses the case law of the Court of Justice of the European Union (CJEU) concerning the regions. It argues that there is a discrepancy between the progressive framing of a ‘Europe with ...the regions’ in the political sphere and the limited impact of the Court in this field. This discrepancy does not emerge everywhere, nor does it emerge with the same intensity in all sectors. Indeed, in a number of areas, the CJEU has acknowledged the role and responsibilities of the regions. Examples include the right/duty of the regions to implement EU obligations, the protection of regional languages, as well as the ‘sufficient autonomy’ test developed by the CJEU in relation to state aid. There is no ‘ideological opposition’ of the CJEU to an increasing ‘regionalisation’ of the EU. There are, however, structural hindrances that prevent the Court from promoting further advancements of the status of the regions in the European edifice, particularly as regards their participation in EU processes. Since the EU remains a ‘union of states’, the ‘Europe with the regions’ has developed so far, and is likely to continue to develop, via advancements reflected in policy-making practices, soft-law arrangements and Treaty amendments rather than via the ‘judge-made federalism’ of the Court.
‘Foreign relations power’ (auswärtige Gewalt) in the Federal Republic of Germany strongly centralised by the Lindau Agreement in 1957 – Although the German Länder still retain some rights to act at ...an international level, the Federal Government is the dominant player in the foreign relations of the state – Introduction of Länder participation in European Union law-making and policy-making; new opportunities for them to perform a role in external relations – Cooperative character of German federalism confirmed
This article sketches out the main features of the German system of regional participation in the EU decision-making process with the aim of identifying the key strengths and weaknesses of that ...system. The author will be examining whether the model currently in place allows for a sufficiently rapid and effective response to the EU decision-making process, and whether there is a sufficiently balanced representation of regional and federal interests at the EU level. The article will also contain a proposal as to how the German model of regional participation in the EU decision-making process could be further improved.
This study analyses the activities of the local and regional authorities (LRAs) from EFTA countries in Brussels. It generates new and up-to-date knowledge on the mobilization in the EU by LRAs from ...EFTA countries; it enriches the literature on multi-level governance in the EU, so far mostly confined to the mobilization of LRAs from EU countries; and it contributes to the debate on lobbying in the EU by third-country actors. This research identifies three scenarios of engagement with the EU institutions: the first in which the Brussels offices predominantly engage in information-gathering and networking/liaison activities; the second in which the LRAs also engage in lobbying the EU; and the Swiss Cantons, that are fully integrated in the Swiss Mission to the EU.
The participation of the local and regional authorities in EU processes should be promoted and enhanced by the EU, the Member States and the same local/regional authorities. These should perform a ...stronger role in the constitutional architecture of the EU. In this way they would contribute more effectively to a limited, balanced and legitimate system of governance based on constitutionalism within the EU. The participation of sub-national authorities in the EU reconciles European integration with the multi-level systems of governance of the Member States; strengthens the legitimacy of EU and national (EU-related) decision-making processes; and reinforces the legal limitation of the decision-making power of both Union institutions and national authorities.
This paper seeks to examine the role and functions of the representative offices of English local authorities in Brussels by considering the democratic legitimacy (i.e. linkage to elected councillors ...or mayors), accountability and transparency of the office's activities. The study demonstrates that the offices differ in their governance arrangements and funding, which has a direct impact on the approach to democratic legitimacy and accountability, noting that those offices which rely most heavily on direct funding from a single authority or a combined authority have the closest links to the authorities concerned. The transparency of the offices varies considerably, with clear distinctions between offices that are creatures of contract or where offices are an emanation of the authority concerned. The pattern here is less dependent on the pattern of funding of the office and depends more on the availability of resources and the approach adopted by the office itself.
En este artículo se esbozan las principales características del sistema alemán de participación regional en el proceso de toma de decisiones de la Unión Europea, con el propósito de identificar las ...fortalezas y las debilidades clave de dicho sistema. Se evalúa si el modelo actualmente implantado permite una respuesta suficientemente rápida y eficaz en el proceso de toma de decisiones de la UE y si la representación de los intereses regionales y federales es suficientemente equilibrada a escala comunitaria. El artículo contiene asimismo una propuesta sobre cómo podría mejorarse el modelo alemán de participación en el proceso de toma de decisiones de la UE. This article sketches out the main features of the German system of regional participation in the EU decision-making process with the aim of identifying the key strengths and weaknesses of that system. The author will be examining whether the model currently in place allows for a sufficiently rapid and effective response to the EU decision-making process, and whether there is a sufficiently balanced representation of regional and federal interests at the EU level. The article will also contain a proposal as to how the German model of regional participation in the EU decision-making process could be further improved.
The Italian Court of Cassation recently sanctioned the dismissal of a judge who refused to hold hearings due to the presence of crucifixes in the courtrooms. This ruling (taken together with the ...ruling of the Grand Chamber in Lautsi) marks a significant defeat for the principle of state secularism.
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