Multilevel Governance in the EU From the Europe

Multilevel Governance in the EU From the “Europe of the Regions” to the “Europe with the Regions” Francesc Morata IUEE Autonomous University Barcelona

A multilevel polity • “The European Union and its member states have become a multilevel polity whose characteristics are poorly understood in political discourses as well as in academic controversies that are shaped by our conventional understanding of national politics and international relations” (F. W. Scharpf) • An application to the role of the Regions in EU integration

Europe of the Regions • Political decentralization (Belgium, Italy, Spain, France, UK…) • 80 s-90 s: innovative policy making and institutional developments at the EU level (network governance, partnership, committees governance) • Cohesion Policy (SEA, 1987) • Maastricht Treaty (1993) • New opportunities for regional mobilization

Mobilization • EU funding, rights of representation in policymaking • direct presence in Brussels through regional delegations or offices • trans-regional partnerships and paradiplomacy relations • REGLEG (legislative powers) • CALRE (regional parliaments)

A Multilevel European Polity • new theories and concepts for explaining decision-making within a multi-level European polity. • neofunctionalism and intergovernamentalism focussing on interaction between the state and supranational levels, overlooking the substate level. • multilevel governance (MLG): alternative conceptualization of European integration

• MLG, a first attempt at capturing more accurately interactions between actors at different governance levels. • The EU as a ‘dynamic multi-level system’ – permanent process of institutional change – many actors involved at the various levels • New literature to evaluate the role of the regions

The Europe of the Regions falling out • institutional opportunities available only to a few (strong) regional actors; • In general, limited impact on EU decision making • EU still dominated by central governments (sovereignty-based understandings) • little evidence that the sub-state level had benefited from redistribution of power • subsidiarity was applied in a very narrow way • Committee of the Regions weakness • Regions not equal partners with member states in regional policy

Regional participation in EU decisions • Art. 146 TEC authorizes regional ministers to represent their MSs in the Council of the EU • However, participation and influence are not synonymous (domestic institutional framework and capacities) • The Spanish example

Post-Lisbon and the Regions 1)the recognition of the sub-state autonomy principle 2)the reformulation of the principle of subsidiarity 3)territorial cohesion 4)the implementation of the partnership principle (2014 -2020)

Self-government 1) Art. 4 no. 2 of the Lisbon Treaty: “the Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local selfgovernment. ”

Subsidiarity • “Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. ”

The “early warning system” • regional assemblies with legislative powers are involved in national consultations regarding draft legislative acts put forward by the European Commission

The Co. R and subsidiarity • Through the Co. R, Europe's elected regional and local representatives can challenge new EU laws they consider to be in breach of the subsidiarity principle at the European Court of Justice

Territorial Cohesion The Lisbon Treaty includes the concept of territorial cohesion as a strategic pillar of Cohesion policy How could cohesion policy improve territorial cohesion? • by promoting a functional approach to integrated development of territories as spaces where citizens live their lives • by fostering place-based policies through cross-sectoral coordination of policies and multi-level governance from local to European • by encouraging cooperation between territories to strengthen European integration • by improving knowledge of territories, to guide their development

Strengthening the Partnership Principle • Multilevel Partnership helps to reduce coordination and capacity gaps in policy making in terms of information, resources, funding, administrative and policy fragmentation. • However, Partnership is to be organised according to the institutional set-up of each Member State

Conclusions • From a “Europe of the Regions” to a “Europe with the Regions” • MLG as a useful conceptualisation of the concrete workings of European integration (interdependence between levels/actors) • political will and institutional capacity-building remain two necessary pre-conditions if the regions are intending to play an increasing political and institutional role in the EU