Practical Tools for Implementation of EU Policies at the

Workshop
Practical Tools for Implementation of EU
Policies at the National Level
Module 1: Implementation Obligations and the Law
Approximation Process
Module 2: Outcome, Regulatory Impact Assessment
(RIA) and Evaluation
Luxembourg, 22-25 September 2014
European Institute of Public Administration
European Centre for Judges and Lawyers
Workshop venue
European Centre for Judges and Lawyers
European Institute of Public Administration
Circuit de la Foire Internationale, 2, L – 1347
Luxembourg, Chambre des Métiers Building,
4th Floor, Master room
Introduction
Target group
Mid-level managers, officials and experts from ministries, central
and regional agencies and authorities responsible for or involved
in drafting, coordinating and/or implementing European Union
legislation at the national level.
Description
This workshop deals in a very practical way with specific aspects
concerning political, legal, economical, process and managerial
questions related to implementation of EU policies and law at
the level of the Member States. It also illustrates the need for
timely and appropriate implementation, as well as possible
consequences of non- or incorrect implementation.
To allow participants the highest possible degree of flexibility
to tailor the training to meet their interests and needs, the
programme is divided into two separate two-day modules, each
of which can be attended separately, or which can be attended
together.
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•
The first module focuses on the implementation obligations,
the law approximation process, national coordination of the
law approximation efforts, notification to the Commission and
the consequences of non-, incomplete or late implementation.
The second module will be dedicated to Regulatory Impact
Assessment and evaluation of implemented legislation.
Learning methodology
This highly interactive workshop is based on a combination of
presentations, problem-solving learning sessions, exchanges of
experience, case studies and simulations.
Aims and objectives:
The overall aim of the workshop is to provide the participants
with a better understanding of national and the Commission’s
needs with respect to the implementation of European Union
legislation. More specifically, the objectives of the workshop are:
•
•
•
•
•
to transfer methodology and the practical tools necessary to
ensure compliance with EU membership obligations;
to provide guidance on balancing domestic and supra-national
political interests on the one hand, and constitutional and
legal requirements on the other;
to enable participants to identify and measure the impact of
transposition of EU legislation at the national level (Regulatory
Impact Assessment);
to provide guidance on how to measure and evaluate the
outcome of implemented EU legislation;
to learn by doing and exchange experiences with colleagues
from other countries.
Note: Due to the highly interactive nature of the programme, the
number of participants will be limited to 20.
Programme
MONDAY 22 SEPTEMBER 2014
Module 1 focuses on implementation obligations and the
law approximation process, including the identification of
different legal instruments and what needs to be implemented,
consultation, combining EU and national interests, planning and
allocation of responsibilities, communication, notification of
national execution measures (NEM), enforcement, etc.
09.00
Arrival and registration
09.15
Welcome and mutual introduction to the seminar
and participants’ expectations
Peter Goldschmidt, Tore Chr. Malterud and participants
09.45
The three dimensions of EU policy and law
implementation
This session briefly outlines the three dimensions of EU
policy and law implementation (policy, law and
administration) as well as how total quality
management approaches can be used to improve a
Member State’s law approximation processes
Tore Chr. Malterud
10.00
Linking EU and national legislation (Part 1)
Treaty obligations regarding implementation and what
needs to be implemented, self-imposed legal
obligations (acquis) and definitions and structure of
EU legal acts will be reviewed and discussed.
Method: presentation and discussion with participants
Peter Goldschmidt
10.45
Coffee break
11.00
Linking EU and national legislation (Part 2)
Method: presentation and discussion with participants
Peter Goldschmidt
11.30
Workshop I: Identifying legal acts after Lisbon
Working in groups, the participants will be asked to
analyse legal acts (regulations, directives, decisions
and delegated acts) and identify obligations in terms
of implementation measures, organisational and
reporting requirements, time limits, etc.
Method: group work and discussion of the results in
plenary
Participants & Roberta Ribeiro Oertel
13.00Lunch
14.00
Administrative
requirements
and
process
management
How to efficiently organise and work in an
“implementation project”? Review of the administrative
requirements; consultation procedures; relations
between ministries and agencies; process planning;
log frame matrix; and the ever important question:
who takes the lead?
Method: presentation and Q&A
Tore Chr. Malterud
15.30
Coffee break
16.00
Workshop II: National processes of implementation
and stakeholders
Who does what and when? Involvement of national
governments, NGOs and local and regional
governments in dealing with the EU. Participants will
be asked to identify national tasks, stakeholders and
sources of information.
Method: presentation, group discussion and debriefing
in plenary
Tore Chr. Malterud
17.30
Networking reception
TUESDAY 23 SEPTEMBER 2014
09.00
Implementing
measures,
delegation
and
coordination at the national level
This session will summarise and supplement the
previous day’s sessions, paying particular attention to
the importance of national coordination when
deciding
upon
delegation
and
adopting
implementation measures as well as the reasons why,
including the links between the implementers and
those, who negotiated the EU legislation to be
implemented.
Method: discussion and presentation
Peter Goldschmidt
10.30
Coffee break
10.45
Exchange of experiences: national coordination of
law approximation – the Belgian case
Method: presentation and discussion
Sabrina Van De Velde
11.30
Formalities not to be forgotten: notification
instruments
Upon completing the national law approximation
process, Member States must notify the Commission
and/or the Council Secretariat of the result. Although
attempts are being made to streamline these
notifications, various notification instruments are still
being used by different MS. While examples hereof
will be given, special attention will be paid to the
Commission’s web-based notification system – NEM.
In addition, Correlation Tables and Tables of
Concordance and their uses as planning instruments
will be reviewed.
Method: presentation, Q&A session
Sabrina Van De Velde & Peter Goldschmidt
12.15Lunch
14.00
Bringing it all together: a summing-up before the
simulation
Tore Chr. Malterud
14.15
Simulation: Planning the law approximation process
The participants will be divided into groups and given
different tasks. Each group will be asked to present a
plan for implementing an EU legal act. They will also be
asked to identify problems and come up with solutions.
Participants & Tore Chr. Malterud
Programme
15.30
Coffee break
12.00Lunch
15.45
Debriefing of the groups
Participants & Tore Chr. Malterud & Peter Goldschmidt
13.00
The EU experience with RIAs: the organisational and
procedural features of the European Commission
(EC) Impact Assessment system
The procedures, documents, actors, deadlines and
quality control involved in EC Impact Assessments
are discussed. The presentation concentrates on a
number of practical features of the process (e.g. interservice steering groups, Impact Assessment board,
translation, types of IA documents, etc.), which should
help national officials to identify and understand the
key features of an IA.
Method: presentation and Q&A session
Theo Jans
14.00
Introduction to the exercises and case studies
The exercises are tailored on three different EC Impact
Assessments: one primarily contains qualitative
analysis; another provides elaborate quantitative
analysis and monetisation; the third Impact Assessment
offers a mix of approaches. The cases are presented by
the lecturers and the participants are asked to study a
number of documents in preparation for the exercises.
Method: presentation
Theo Jans
14.45
Coffee break
15.00
Group exercise 1: analytical steps of an EC IA –
problem definition, objectives, policy options
The participants are divided into separate groups and,
based upon a number of documents and data, they are
asked to develop the first steps in an IA. They will
need to describe a problem definition, objectives, and
at least three policy options. While conducting the
group work, the participants will be guided and
assisted by the lecturer who will monitor their progress.
Method: group work
Theo Jans
15.45
Debriefing group exercise 1: presentation and
discussion of problem definition, objectives and
policy options
The “rapporteur” of each group presents their group’s
work and the first steps of the Impact Assessments.
The different results are discussed and commented on
by the participants and by the lecturer. Following the
discussion of the different group contributions, the
relevant aspects of the actual IAs as drafted by the EC
will be presented by the lecturer.
Method: group work and Q&A
Theo Jans
16.45
End of day one, Module 2
19.00
Group dinner in Luxembourg
16.15
Consequences of not meeting the implementation
obligations
This session will provide a practical overview of the
impact of the direct effect of EU law, the principle of
state liability and the infringement procedure after
Lisbon: what reactions can be expected?
Method: presentation, Q&A session.
Peter Goldschmidt
17.00
Evaluation
End of Module 1
WEDNESDAY 24 SEPTEMBER 2014
Module 2 concentrates on Regulatory Impact Assessment
(RIA) and evaluation of nationally implemented EU legislation.
In particular, this module provides a practical overview of the
objective and components of RIA, the European Commission’s
expectations of the Member States, how RIA is carried out, as
well as what and how to measure outcomes of approximated
legislation.
09.00
Arrival and registration
09.15
Welcome and introduction to Module 2: The concepts
of ex ante “Impact Assessment” and ex post
evaluation of approximated legislation
• Presentation of the programme and EIPA Team
• Presentation of the participants’ expectations
• Definition and overview of what is meant by “Impact
Assessment”, including RIA, evaluation and how to
measure outcome
Peter Goldschmidt, Theo Jans, Tore Chr. Malterud and
participants
09.45
The key analytical steps for Regulatory Impact
Assessments
Presentation of the key features of Impact Assessments
and a thorough discussion of the key analytical steps
in Impact Assessments: problem definition, objectives,
policy options, impact analysis, selection and ranking,
monitoring and evaluation.
Method: presentation and Q&A session
Theo Jans
10.45
Coffee break
11.00
National experiences with RIAs and the smart
regulation perspective
A brief presentation of the smart regulation strategy
and the role of Impact Assessments in these efforts
to improve the quality of the regulatory environment.
Different national experiences with different types of
Impact Assessments are presented and analysed.
National cases in point include the United Kingdom,
Denmark, France, Poland, etc.
Method: presentation and Q&A session
Theo Jans
Programme
THURSDAY 25 SEPTEMBER 2014
09.00
Group exercise 2: Determining administrative costs
in policy options
A discussion of compliance and administrative costs
in EC legislative proposals and implementing measures.
The Standard Cost Model is introduced with a succinct
analysis of the tool’s strengths and weaknesses.
The participants receive a piece of legislation and are
asked to calculate the administrative costs involved.
Following their calculations they are asked to develop
an administrative burden reduction proposal. The
group work is followed with a plenary debriefing
during which the real calculations and reductions are
unveiled.
Method: presentation and group exercises
Theo Jans
10.30
Coffee break
11.00
Quantitative tools and techniques for Impact
Assessments
A presentation of the main tools to conduct quantitative
analysis, namely, cost-benefit analysis, cost
effectiveness analysis and risk analysis. The logic and
appropriateness of the tools is discussed and the
participants receive guidance on which techniques can
best be used for certain purposes. The cost-benefit
analysis will be discussed more extensively as this
technique is widely used in many IAs.
Method: presentation and Q&A
Theo Jans
12.00
Snack lunch
12.45
Measuring outcome: methods, obstacles and tools
Method: presentation and discussion
Tore Chr. Malterud
13.45
Coffee break
14.00
Workshop III: evaluation
The participants will be divided into groups and
asked to identify what and how to measure the outcome
of the application at the national level of an EU
regulation.
Method: group work and discussion of the results in
plenary
Tore Chr. Malterud
15.30
Conclusions and evaluation
End of Module 2
Trainer(s)
Peter Goldschmidt
Director of the European Centre for Judges and Lawyers,
European Institute of Public Administration, EIPA Luxembourg
(LU)
Tore Chr. Malterud
Associated Professor, University Colleges of Trøndelag (NO)
Roberta Ribeiro Oertel
Lecturer, European Centre for Judges and Lawyers, European
Institute of Public Administration, EIPA Luxembourg (LU)
Sabrina van de Velde
Attachée, Federal Public Service Foreign Affairs (FPS), Directorate
General for Legal Affairs (DGJ), Brussels (BE)
Theo Jans
Associate Professor, Unit for EU Decision-making, European
Institute of Public Administration, EIPA Maastricht (NL)
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Practical Tools for Implementation of EU Policies at the National Level
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Registration
Both Modules: 22-25 September 2014
Module 1: 22-23 September 2014
Module 2: 24-25 September 2014
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