Implementation of European Law in a federal state: The Belgian case between coherence and autonomy

Type :

Case study

Pages :

9 pages

Format :

.doc

Published date :

01/15/2009

Category :

Law & contracts

Sub category :

European law

Oboulo.com selection criteria

$ 18.95 Add to cart

Summary :

Introduction.
The issue of autonomy in federal states and the implementation of Eu law.
1. The general issue of implementation deficit in federal states.
2. The paradoxical Belgian case.
Imperfect domestic reforms to reconcile autonomy and coherence.
1. Reforms towards a cooperative federalism.
2. The limited impact of the changes.
Conclusion.

Abstract

'Ultimately the impact of EU rules depends on the willingness and capacity of Member States authorities to ensure that they are transposed and enforced effectively and fully and on time' (Graver) . This statement from the european Commission in its White Paper on Governance deals with the issue of the implementation of the EU law in the Member States. Indeed, the implementation deficit has been a real issue for the efficiency of the european legislation. Among the main countries which have suffered a lack of implementation, we find Belgium, a federal state. Belgium knew a long (25 years) process of constitutional reforms to achieve a federal form. They created a large array of competencies to Belguim's subnational entities and new governments and parliaments. For instance, the Federated States are granted the right to conclude international treaties. These new institutions can act independently from the federal state. In other words, there is no hierarchy between the different governmental levels.