STATUS WŁADZ REGIONALNYCH I LOKALNYCH PAŃSTW CZŁONKOWSKICH UNII EUROPEJSKIEJ W ŚWIETLE PRAWA WSPÓLNOTOWEGO
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Date
2006
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Wydział Prawa i Administracji UAM
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STATUS OF MUNICIPAL AND REGIONAL AUTHORITIES IN THE LIGHT OF COMMUNITY LAW
Abstract
One of the results of the dynamics of the European integration process, and (embedded in it)
gradual decentralisation of power in member states is the increasing role of regional and municipal
authorities. The special role of regional representation is provided in the Treaty on European
Union and in a number of internal acts issued by the European Council. The Committee of Regions
has thus become an important forum for the articulation of regional and local interests, which also
enjoy legal protection at the European level. Those regions and local communities that have a legal
status, have also a right of direct appeal against Community acts. The draft of the EU Constitution
went even further, granting those organs a right to appeal against those normative acts, that are
not subject to implementation. The author analyses the level of participation of regional and local
authorities in the process of implementation and application of Community law. In particular, the
concept of “contracting” the implementation of law as formulated within the so called European
Governance, is discussed.
The third area of the author’s interest is the application and execution of Community law by
organs of regional and local authorities. The direct effect and the principle of supremacy of Community
laws which, in case of conflicting provisions, must prevail over domestic laws must be ensured
in order to ascertain the efficiency of application and execution of European law at the
local and regional level.
The supervision of the proper application of Community law by organs of local and regional
authorities has been analysed from the point of view of member state liability for failure to apply
Community law or liability for damages in cases where Community law has been violated or its
provisions infringed at the local or regional level of a given member state.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 2, s. 221-252.
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ISBN
ISSN
0035-9629