June 21

9:00 AM - 10:45 AM

2.A.06

Carlo Panara

Abstract: This article analyses the case-law of the CJEU concerning the regions. It argues that there is a discrepancy between the progressive framing of an ‘Europe with the regions’ in the political sphere and the limited impact of the Court in this field. This discrepancy does not emerge everywhere, nor does it emerge with the same intensity in all sectors. Indeed, in a number of areas the CJEU has acknowledged the role and responsibilities of the regions. Examples include the right/duty of the regions to implement EU obligations, the protection of regional languages, as well as the ‘sufficient autonomy’ test developed by the CJEU in relation State aid. There is no ‘ideological opposition’ of the CJEU to an increasing ‘regionalisation’ of the EU. There are, however, structural hindrances which prevent the Court from promoting further advancements of the status of the regions in the European edifice, particularly as regards their participation in EU processes. Since the EU remains an ‘union of states’, the ‘Europe with the regions’ has developed so far, and is likely to continue to develop, via advancements reflected in policy-making practices, soft law arrangements and Treaty amendments, rather than via the ‘judge-made federalism' of the Court.

Disciplines: Law
Political Science

Substantive Tags: European Union and Integration, Regionalism, Territorial Politics

Research Networks: None of the Above

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