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A Practical Guide to EU Law Approximation, Luxemburg

Luxemburg stad
© Liesbeth Weijs
datum 23 september 2021
plaats Luxemburg, Luxemburg
organisatie European Institute of Public Administration (EIPA)

Our 2-day workshop provides a comprehensive practical guide covering all steps of the EU law approximation process: from the adoption of the EU legislative act to its implementation, notification, and the possible consequences of faulty implementation.

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SKU: 2151201 Category: EU Law Tags: better regulation, EU law, EU Law Approximation, eu law approximation and enforcement, implementing, National law, the principle of sincere cooperation in Article 4 TEU, Transposition of EU Law

The workshop is delivered face-to-face with a possibility to follow remotely via Zoom.

About this course

The new European Commission has reiterated the importance of better policy making and implementation in the EU. It has gone as far as to link the Member States’ full and timely implementation of EU policies and law with benefitting from the Covid recovery packages.

The national administrations are therefore under pressure to ensure the timely and (cost) effective implementation of EU legislation. To support these efforts, this practice oriented workshop answers such questions as

“Do all EU legal acts need to be transposed into national law? How do I do it?”

“What are the “implementing measures” that the Member States must determine and adopt?”

“How to avoid gold plating as well as overlap or conflict with other national legislation, while implementing EU laws?

“How do we combine EU and national interests and priorities when implementing EU law at the national level?”

Knowledge and competencies in aspects like these are critical to ensure that you implement an EU directive or regulation at the national level in a correct, timely, effective, and cost-efficient way.

This 2-day workshop provides a comprehensive and practical guide covering all steps of the EU law approximation process, from the adoption of the EU legislative act, to its implementation and notification, and finally, to the possible consequences of late, wrong or non-implementation.

Course methodology/highlights:

This two-day workshop is very practice-oriented and uses a unique mix of short presentations, case studies, group work, simulations, and discussions.

Two weeks prior to the workshop, we will send you a questionnaire inviting you to indicate the extent of your association with law approximation. You will also have the possibility to mention specific questions about the approximation process that you would like the course to address.

How will it help you?

During the workshop, you will learn

  • How to identify the elements of a piece of EU legislation that you have to implement
  • How to ensure compliance with EU Treaty obligations while meeting national, constitutional, and administrative requirements, as well as balancing both domestic and supra-national political interests
  • The consequences of incomplete, wrong, late or non-implementation of EU law

By the end of the course, you will

  • Be able to convert contradictory political, legal and budgetary interests into practical and operational solutions
  • Have received practical advice related to legal drafting and determination of the so-called “implementing measures”
  • Be able to efficiently implement the EU directives by establishing and managing a process of consultation and coordination with governmental and non-governmental stakeholders
  • Reduce the risks of getting involved in time-consuming infringement probes

After-course support:

  • The participants will prior to the event be able to download all materials presented for easy reference and note taking both during and after the workshop. For those, who wish to know more, a list of additional reading will be provided after the workshop.

Who is this course for

  • Managers in national or regional public authorities, who have recently been made responsible for implementation of EU laws
  • Civil servants, experts and public employees from central and regional administration bodies
  • Representatives of trade associations and interest groups
  • Lawyers working with EU law-making processes

Peter Goldschmidt

EU Law

Tomasz Kramer

EU Law / Internal Market

Juan Diego Ramírez-Cárdenas Díaz

EU Law

Practical information

Course venue

European Centre for Judges and Lawyers - EIPA Luxembourg

8 rue Nicolas Adames

1114 Luxembourg

You can also follow this course remotely via Zoom.

If you choose this option, you will receive a discount of €60 to the fee, which will be deducted after online registration. Please mention in the field “Note” in the billing section, that you wish to participate remotely.

Programme Organiser

Ms Juliette Mollicone-Boussuge

Tel: +352 426 230 304

j.boussuge@eipa.eu

Fee

The fee includes documentation and refreshments. Lunches, a reception or dinner are included if mentioned in the programme. Accommodation and travel costs are at the expense of the participants or their administration.

Discounts

EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.

Early bird discount

For this course EIPA offers an early bird discount of 50 euro. The early bird deadline is 23 August 2021.

Who are the supporting countries?

Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.

For all other participants, the regular fee applies.

Meals

Special dietary requirements (e.g. vegetarian, diabetic) can be indicated once you receive the confirmation of the seminar.

Hotel reservations

EIPA has special price arrangements with a number of hotels. All rates are including breakfast and tourist tax. Should you wish to make use of this possibility, please book directly via the links below. Payment is to be made directly and personally to the hotel upon checking out. At the time of booking, please mention in the requested field the reservation code: EIPA, unless indicated otherwise.

Kirchberg

Luxembourg Centre

  • Grand Hotel Victor Hugo (Best Western Plus)****, at the rate of €175 (main building) or at the rate of €155 (annex building) (booking code: EIPA BWP 2020), via tel.: +352 26 27 440 or via e-mail: info@victorhugo.bestwestern.de

City Centre

Railway Station Area

  • Hotel City****, at the rate of €200 (Monday to Thursday) and €150 (Friday to Sunday), tel.: +352 29 11 22; e-mail: mail@cityhotel.lu; www.cityhotel.lu (Reservation code: EIPA)
  • Hotel JJ32**, at the rate of €135, tel.: +352 20 33 32 68; e-mail: info@jj32.lu; www.jj32.lu (Reservation code: EIPA BWP 2020)

Payment

Prior payment is a condition for participation.

Cancellation policy

For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants.

EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).

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The programme

 

08.45

Registration of participants

09.00

Welcome and mutual introduction to the workshop

  • Objectives (learning points and path)
  • Methodology and “House rules”
  • The three dimensions of EU policy and law implementation

Peter Goldschmidt, Director of EIPA Luxembourg, European Centre for Judges and Lawyers, EIPA Luxembourg, and Dr Tore Chr. Malterud

09.30

Linking EU and national legislation (Part 1)

  • Treaty obligations regarding implementation (art 4 TEU)
  • The EU Acquis: Definitions, structure and level of transposition of the different types of EU legal acts
  • Deadlines for implementation of EU legal acts at the national level

If time allows, also questions related to the so-called “soft law” and “approximation versus harmonisation” will be considered.

Method: warm-up quiz, presentation and participants’ questions and comments

Peter Goldschmidt

10.15

Reacting to comments and questions received from the participants

10.30

Break

10.50

Linking EU and national legislation (Part 2)

Method: presentation, plenary exercise and participants’ questions and comments

Peter Goldschmidt

12.00

Lunch

13.00

Identifying EU legal acts

The most important EU legal acts (regulations, directives, decisions and delegated acts) will be analysed and the obligations in terms of implementation measures, organisational and reporting requirements, time limits, etc., will be identified

Method: presentation, mini-case studies and participants’ questions and comments

Tomasz Kramer, Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg

13.45

Reacting to comments and questions received from the participants

14.00

Break

14.15

Tricks and tips on legal drafting when transposing EU legal acts

Practical reflections on the link between general principles of law and the quality of legal drafting

On the one hand, high quality of legal drafting contributes to the attainment of rule of law and respect of general principles of law such as legal certainty, legitimate expectations and equal treatment. On the other hand, due regard paid to the abovementioned principles should guide the practice of legal drafters. This session will introduce practical aspects of legal drafting: hints and tips, good and bad examples when transposing a piece of EU legislation.

Method: presentation and participants’ questions and comments

Tomasz Kramer

15.00

Reacting to comments and questions received from the participants

15.15

Break

15.30

Implementation process management

How to efficiently organise and work in an “implementation project”? We will review consultation procedures, relations between ministries and agencies, the role of - and interactions between - national EU law approximation strategies, process planning and the ever important question: Who takes the lead?

Method: presentation and Q&A

Dr Tore Chr. Malterud

16.15

Reacting to comments and questions received from the participants

16.30

End of first day

 

09.00

Welcome to Day 2 - Topics and methodologies

09.15

National priorities and strategies, implementing measures and administrative capacities

Before starting the actual drafting of the legislation, which will introduce the EU legal act into national law, the drafter must be clear on what the EU legal act - and thus the national legal legislation - seeks to achieve (i.e. the objective). A strategy is about identifying your options and preferences to achieve this goal and then create a plan how to reach the goal.In the light hereof, this session discusses

  • The strategic choices of the national law maker
  • The national implementation measures, which Member States need to introduce into national law, when transposing directives
  • Establishing the legal and organisational frameworks necessary to apply and enforce EU regulations and transposed EU directives.

Method: presentation and participants’ questions and comments

Peter Goldschmidt

10.00

Reacting to comments and questions received from the participants

10.15

Break

10.30

Workshop: National processes of implementation, stakeholders and coordination

This session reminds of the importance of national coordination when implementing EU law at the national level, including the links between the implementers, the stakeholders and those, who negotiated the EU legislation to be implemented. In particular, we will discuss

  • Who does what and when?
  • Involvement of national governments, NGOs and local and regional governments in dealing with the EU.
  • Identifying national tasks, stakeholders, sources of information and other elements to consider when planning the implementation process.

Method: presentation with questions and discussion

Dr Tore Chr. Malterud, participants and Peter Goldschmidt

11.30

Break

11.45

Formalities not to be forgotten: notification instruments

Upon completing the national law approximation process, Member States must notify the Commission and/or the Council Secretariat of the result. Although the Commission has sought to streamline the notification process with its web-based notification system - NEM - a recent ruling by the EU Court of Justice against Belgium provides that the notification be accompanied by a correlation or concordance table. While the NEM will be introduced and how and who is responsible for ensuring the notification in Belgium, special attention will be paid to

  • how the Court of Justice has interpreted the principle of loyal cooperation in the light of the notification of national transposition measures, including the notion of explanatory documents; and
  • the correlation/concordance tables that must accompany the notification.

Method: presentation, Q&A session

Sabrina Van De Velde, Attachée, Federal Public Service Foreign Affairs (FPS), Directorate General for Legal Affairs (DGJ), Brussels (BE)

12.15

Reacting to comments and questions received from the participants

12.30

Lunch

13.30

Case study: Implementing an EU directive (Services directive)

After having been introduced to an EU legal act, the participants are divided into groups to discuss and find solutions to questions, which came up at the national level during the implementation hereof at the national level. Use regulatory creep, gold plating, etc.

Method: presentation, group discussion and debriefing

Dr Tore Chr. Malterud, Peter Goldschmidt and participants

14.30

Debriefing - Panel discussion of the groups

The debriefing will use the participants’ replies to illustrate and discuss under- and over-implementation and such concepts as “gold plating”, “double banking” and “regulatory creep”.

15.00

Break

15.15

Consequences of not meeting the implementation obligations

What reactions can be expected? This session provides a practical overview of the infringement procedure and the role of state administrations throughout the procedure. The session gives practical hints on how the national administrations can deal with the Commission during the pre-litigation phase and improve their legal situation during a potential court case before the EU Court of Justice.

Finally, this session explains how defective implementation work at the national level, if it is prejudicial or detrimental to individuals, could be subject to private prosecution before the competent national jurisdiction, which could condemn it to a liability reparation (State Liability)”Method: presentation and Q&A session

Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, European Centre for Judges and Lawyers, EIPA Luxembourg

16.00

Reacting to comments and questions received from the participants

16.15

End of the workshop


Inhoud

1.

European Institute of Public Administration (EIPA)

Het Europees instituut voor bestuurskunde (beter bekend als The European Institute of Public Administration - ofwel EIPA) streeft ernaar om de kennis van ambtenaren die zich met de EU bezighouden te vergroten door het ontwikkelen en organiseren van trainingen. Het instituut wil wetenschappelijke kennis en praktische 'know–how' met elkaar verbinden. EIPA bestaat al meer dan 35 jaar.

Het hoofdkantoor van EIPA is gevestigd in Maastricht en heeft dependances in Luxemburg en Barcelona. Gemiddeld nemen 14.000 nationale en Europese ambtenaren per jaar deel aan de trainingen. Daarnaast biedt EIPA ook consultancy, onderzoek en op maat gemaakte programma’s/trainingen aan. Bij EIPA werken circa 120 hoogopgeleide medewerkers.

2.

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