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NGOs and European Policy Implementation: Actions

NGOs and European Policy Implementation: Actions. Dr Alan Hardacre Belgrade, 2 November 2010. Policy Implementation. Implementing EU Law. Different Ways to Ensure Implementation. The National Level The European Legal Level The European Political Level. The National Route.

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NGOs and European Policy Implementation: Actions

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  1. NGOs and EuropeanPolicy Implementation: Actions Dr Alan HardacreBelgrade, 2 November 2010

  2. Policy Implementation

  3. Implementing EU Law

  4. Different Ways to Ensure Implementation • The National Level • The European Legal Level • The European Political Level

  5. 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

  6. 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/

  7. 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

  8. How Infringements Work • Ways of launching an infringement procedure : • Complaints (See COM(2002)141) • CDO (“Cas décelé d’office”: cases which the Commission launches of its own initiative) • No communication of NEM • DGs are the lead departements, working with the Legal Service and SecGen to take the necessary legal steps • First step: letter of formal notice; (art. 258 TFEU) • Second step: reasoned opinion; • Third step: Court referral - fine possible: art. 260(3) TFEU http://ec.europa.eu/community_law/infringements/infringements_en.htm

  9. 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 [0.36-25.40]

  10. 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)

  11. From National to European Political Level • Go from National to European if required…. • Relations to the major international NGOs present in Brussels:

  12. European Political Level • Face to Face Meetings • E-Mailing, Letters, Position Papers • Drafting Amendments • Consultations • Open Hearings • Events • Site Visits • Networking • Press Release • Press Conference • Issue Adverts • Letter Campaigns • Grassroots mobilisation • Demonstrations Facts Evidence Footage

  13. Political Approach to Institutions Commission Implementation Initiation Decision Making Parliament Council

  14. Commission DG officials Commissioners’ cabinets Secretariat General Officials Members of Permanent Representations MS national experts Council EP Officials from committeesand political groups MEPs Political level Technicallevel Stakeholders Committees and groups of experts User or consumer organisations Professional federations Company representatives Think tanks / NGOs/ Media Regions Trade Unions Identify your networks

  15. 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

  16. ? Do You Have Any Questions? ? ? We would be happy to help. a.hardacre@eipa.eu

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