EU administrative cooperation: Competence and EIPA

The Treaty of Lisbon would create a legal base for administrative cooperation aiming at effective implementation of EU law. The building of the capabilities of national public administrations would take place on a voluntary basis, as we saw in the previous blog post on Article 197 of the Treaty on the Functioning of the European Union (TFEU).

In this post we add a presentation of the new competence in the context of EU powers in general and a brief presentation of the European Institute of Public Administration (EIPA).

There are various Commission activities and projects, but after sifting through a lot of information we ask if there is a comprehensive Commission view.



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Competence


The Lisbon Treaty would create a legal base for administrative cooperation aiming at better implementation of EU law. In this regard the Lisbon Treaty adopts the solutions of the Constitutional Treaty and the European Convention, as shown in the previous blog post.

In the general classification of EU competence in different policy areas, the Lisbon Treaty sorts administrative cooperation among the seven policy areas of supporting, coordinating or supplementing action, in Article 6(g) TFEU:

Article 6 TFEU

The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:

(a) protection and improvement of human health;

(b) industry;

(c) culture;

(d) tourism;

(e) education, vocational training, youth and sport;

(f) civil protection;

(g) administrative cooperation.


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EIPA


The European Institute of Public Administration (EIPA) presents itself as the leading centre of European learning and development for the public sector. The EIPA headquarters are in Maastricht, with antennae in Luxembourg, Barcelona and Warsaw and a presence in Brussels.

The EIPA’s Board of Governors is composed of representatives from the EU Member States – in principle the person responsible for public administration and the public service – as well as representatives of third countries that have signed a cooperation agreement with EIPA as associated members.

We are informed that the European Commission supports EIPA through the European Union budget.
For more information about EIPA’s training, research and publications you can go to:

http://www.eipa.eu/en/home/


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Comprehensive view?

Almost everything the European Community (European Union) does is political and administrative cooperation in a broad sense. But in a narrower sense, such as the capacity building administrative cooperation the Treaty of Lisbon would introduce, the Europa portal offers only fragmented information about developing customs, tax, internal market cooperation or eGovernment and eProcurement. The different Directorate-Generals also monitor the implementation of Community law in their respective fields.

But if we leave the specific projects aside, it is easier to find comprehensive EU information about the union’s role in public sector development in pre-accession countries and developing countries than with regard to the European Union itself.

Outside the European Commission there is a plethora of research, teaching and publishing in fields like administrative sciences, public administration and public governance, as well as practical development of human resources in various administrations.

Is there a holistic Commission view waiting to be communicated or created?


Ralf Grahn

EU Law: Administrative cooperation

Exchange of information and of civil servants and supporting training schemes have their role to play for the correct implementation of European Community (European Union) law by the member states.

The Lisbon Treaty would create a legal base for administrative cooperation with the support of the European Union.



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TEC


There is no Title on administrative cooperation and no specific legal base in the current Treaty establishing the European Community (TEC). Cf. the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E.

This means that action has to be based on the unwieldy flexibility clause, Article 308 TEC. At times, failing more adequate grounds, its reference to the operation of the common market has widened beyond recognition. Still, the flexibility clause is an eye of the needle requiring unanimous decision by the Council. The European Parliament is only consulted.

When Article 3(1)(u) TEC lists ‘measures in the spheres of energy, civil protection and tourism’ among the activities of the European Community, but without a legal base, administrative cooperation is not even mentioned.



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Draft Constitution

In Article III-185 of the draft Constitution the European Convention proposed a new legal base for voluntary administrative cooperation within the European Union. No member state would have an obligation to use the opportunity, and all harmonisation of laws and regulations was excluded as in other areas of supporting competence. The provision received an EU profile when effective national implementation of Union law was made its main reason, as a matter of common interest:

SECTION 6
Administrative cooperation

Article III-185 Draft Constitution

1. Effective national implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest.

2. The Union may support the efforts of Member States to improve their administrative capacity to implement Union law. Such action may include facilitation of exchange of information and of civil servants as well as supporting training schemes. No Member State shall be obliged to avail itself of such support. European laws shall establish the necessary measures to this end, excluding any harmonisation of the laws and regulations of the Member States.

3. This Article shall be without prejudice to the obligations of the Member States to implement Union law or to the prerogatives and duties of the Commission. It shall also be without prejudice to other provisions of the Constitution providing for administrative cooperation among the Member States and between them and the Union.



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Constitutional Treaty


The IGC 2004 took over the proposal by the European Convention. Article III-285 of the Constitutional Treaty on administrative cooperation:
SECTION 7
ADMINISTRATIVE COOPERATION

Article III-285 Constitution

1. Effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest.

2. The Union may support the efforts of Member States to improve their administrative capacity to implement Union law. Such action may include facilitating the exchange of information and of civil servants as well as supporting training schemes. No Member State shall be obliged to avail itself of such support. European laws shall establish the necessary measures to this end, excluding any harmonisation of the laws and regulations of the Member States.

3. This Article shall be without prejudice to the obligations of the Member States to implement Union law or to the prerogatives and duties of the Commission. It shall also be without prejudice to other provisions of the Constitution providing for administrative cooperation among the Member States and between them and the Union.



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Original Lisbon Treaty (ToL)

Article 2, point 150 of the original Treaty of Lisbon (ToL) inserted a new Title XXIII Administrative cooperation and a new Article 176d (OJEU 17.12.2007 C 306/90):

ADMINISTRATIVE COOPERATION

150) The following new Title XXIII and new Article 176 D shall be inserted:

‘TITLE XXIII
ADMINISTRATIVE COOPERATION

Article 176 D

1. Effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest.

2. The Union may support the efforts of Member States to improve their administrative capacity to implement Union law. Such action may include facilitating the exchange of information and of civil servants as well as supporting training schemes. No Member State shall be obliged to avail itself of such support. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish the necessary measures to this end, excluding any harmonisation of the laws and regulations of the Member States.

3. This Article shall be without prejudice to the obligations of the Member States to implement Union law or to the prerogatives and duties of the Commission. It shall also be without prejudice to other provisions of the Treaties providing for administrative cooperation among the Member States and between them and the Union.’.


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Renumbering the Treaty of Lisbon (ToL)

The Table of equivalences of the original Treaty of Lisbon tells us that the new Title XXIII Administrative cooperation of the TFEU (ToL) was renumbered Title XXIV Administrative cooperation in the consolidated version of the Lisbon Treaty.

Article 176d TFEU (ToL) was renumbered Article 197 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).


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Lisbon Treaty consolidated

Article 197 TFEU

Article 197 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/136):

TITLE XXIV
ADMINISTRATIVE COOPERATION

Article 197 TFEU

1. Effective implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest.

2. The Union may support the efforts of Member States to improve their administrative capacity to implement Union law. Such action may include facilitating the exchange of information and of civil servants as well as supporting training schemes. No Member State shall be obliged to avail itself of such support. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish the necessary measures to this end, excluding any harmonisation of the laws and regulations of the Member States.

3. This Article shall be without prejudice to the obligations of the Member States to implement Union law or to the prerogatives and duties of the Commission. It shall also be without prejudice to other provisions of the Treaties providing for administrative cooperation among the Member States and between them and the Union.


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Lisbon Treaty changes

The Lisbon Treaty would give EU administrative cooperation measures a legal base. The ordinary legislative procedure would apply, enabling a qualified Council majority to make decisions. The European Parliament would participate as an equal co-legislator.



Ralf Grahn