STATUS WŁADZ REGIONALNYCH I LOKALNYCH PAŃSTW CZŁONKOWSKICH UNII EUROPEJSKIEJ W ŚWIETLE PRAWA WSPÓLNOTOWEGO

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.