France - implementation of EU policies

General Information about the Policy Processes

The execution of European directives consists of their transposition into national law. It has the effect of adapting national law to the requirements of European legislation and thus avoiding disputes that may arise from a lack of compliance with European standards.

In order to face the issues and challenges set by the EU Policy process in regards with France institutional organisation and policy making culture, the French government created in 2005 a task-force style agency, The General Secretariat for European Affairs (SGAE).

Directly attached to the French Prime Minister, SGAE’s work is to make sure that France speaks with one voice in the European institutions (decree no. 2005-1283 of 17th October 2005). Its mission, clearly set for the negotiation phase of EU policy making, also extends to the transposition, implementation and enforcement stages, although with a less central role.

National actors involved:

At the negotiation phase, SGAE plays an important role of coordinating ministries ahead of EU Council working groups and meetings (with the exception of Common Foreign and Security Policy, dealt by the Ministry of Europe and Foreign Affairs). In close cooperation with France's Permanent Representation to the European Union t establishes the French government’s position asking for the mediation of the Prime Minister’s Cabinet when necessary.

The French Parliament (National Assembly and the Senate) is informed by SGAE of all draft EU acts to the French Parliament for scrutiny before they are adopted by the Council of the European Union (article 88-4 of France’s constitution). The Parliament can hear the Secretary General or its representatives whenever necessary.

Local actors involved

Local governments are also involved. Indeed, although France is renowned for being a centralised country, it has passed several decentralisation measures the last decades which is why it is ranked in rather good position in Europe regarding the extent to which its region can make its own decision (sixth position). France RAI (Regional Authority Index)[1] is of 20.0, behind Austria: 23.0, Italy: 27.3, Belgium: 33.1, Spain: 33.6 and Germany: 37.0.

With decentralisation measures and transfer of competences, regions obtained more power and autonomy. Among regional actors of different levels, the Regions of France association groups the 18 metropolitan and overseas French regions as a network of influence. With an annual budget of 34 billion euros (in 2018), it builds regional political projects and inform about it, and represents the regions at the national (government) and EU level (Committee of Regions, Assembly of European Regions etc.). It ensures a legislative and informative watch. The association comprises 16 commissions depending on the policy area. It works closely with local associations from lower levels (Cities of France for example) and is also a center of resources for local elected officials.

At the individual level, regions themselves are involved in EU policies as they inform regional actors about key dossiers discussed at the EU level, especially regarding transportation, cooperation and development. They defend the activities of the region before the EU institutions together with other European regions (within the Association of European Regions for Products of Origin for example). Cultural and historical specificities, as well as resources of the different local levels (regions, departments, communities of communes and cities themselves) and their political orientation play key roles in their willingness and ability to successfully implement EU policies.

The relationship between actors

France is one of the 9th member states where regional governments have a role in the coordination of national position. It is the SGAE which keeps local authorities informed about the government’s work on European matters, especially issues falling within their remit. It coordinates a network of local government association representatives and seeks to gather their views on key issues around European regulations and standards.

 Transposition  and implementation phase:  

According to Falkner in his analysis of Cultural difference specific[2], France attitude to compliance is a [world of neglect], i.e. transposition is not felt as an obligation, in opposition with a world of [law observance]  (Danemark, Sweeden, Finland) or a world of [dead letters] where the transposition is conscientiously performed but not implemented.

In order to improve this situation, France took several measures[3] in 2004. First, it asked its leading ministers on each negotiation to realize an “impact assessment” at the start of the proposal made by the commission. This, mainly “legal”, assessment evaluates the adequacy of the legal instrument used by the commission (directives, regulations…) with the national process requirements, and potential difficulties regarding interpretation of the EU law or already existing contrary national laws. This assessment shall also include evaluation of others aspects of the proposed EU law, such as economical, financial, technical or administrative impacts. Secondly, program plans are being compulsory and a network of “Transposition contact points” has been set among ministerial cabinets or high civil servants in Ministries.

In order to limit transposition costs, France tries to promote its positions and to upload its solutions in EU policies. This is once again the role of SGAE which for example informs French members of the European Parliament (MEPs) of France position on key issues debated in parliamentary committee or plenary meetings. The SGAE implements influence strategy on legislations that are considered as a priority for France, in particular by submitting position papers to the European Parliament.

The transposition is performed through the classical legislative process applied in France, depending on the correspondent legislative tool-vehicle used in France for such legal dispositions: law but also decree when the area is not controlled by acts and doesn’t fall in the legislative domain. Specific group delegation is also possible, enabling the French Government to act by way of Ordonnance (on an area where a law should be passed). Regarding transposition techniques, France legislator is used to rewording, or even “gold-plating” sometimes (i.e. mingling EU and French priorities). Once again, SGAE works with the General Secretariat of the Government – under the terms of the circular of 27thSeptember 2004 – to oversee the transposition of EU directives into domestic law

Whenever Parliament thinks that the EU legislation breaches the “subsidiarity principle”, 60 Senators or Deputies can seize the European Court of Justice (l’article 88-6 of the French Constition)

One of the work of the SGAE is to holds regular meetings with civil society representatives ─ including business, trade unions and think tanks ─ who have a vested interest in European developments, helping to foster a better understanding of EU issues and France’s positions.

SGAE is in charge of preparing for pre-litigation proceedings (drafting such as formal notices and reasoned opinions).

The SGAE works with the Legal Directorate of the Ministry of Europe and Foreign affairs, which represents the French government on legal matters, in cases brought before the European Union courts. The SGAE monitors infringement proceedings. Its work also covers preliminary rulings and legal opinions on the interpretation of EU law. The SGAE is the national contact point for SOLVIT, a system that citizens and businesses can use to exercise their rights and freedoms under EU law. In France, 95 % of cases are resolved using this system

 Environmental 

France is a politically centralised country which has delegated several environmental competences at regional and local level while keeping the assessment of environmental impact at the national level. Recently (August 2015), the loi ‘NOTRe’ (Act on the new territorial organisation of the French Republic) has allocated more competences on sustainable development at the regional level (waste, renewable energies, mobility, land-use planning, etc.).

For example, since 2015 and the law "Stratégie nationale de mobilisation de la biomasse", the regional authorities have to make by their own a regional biomass scheme, linked to the law. Each local authority has to realize this scheme independently, and following the national strategy.

Main challenges

The three main challenges France faces with regard to implementing EU environmental policy and law are: • Improving air quality by taking forward-looking, speedy and effective action to reach EU-based air pollution limit values. • Implementing the necessary measures to improve the water quality, notably by reducing the pollution by nitrates. • Effectively protecting biodiversity by ensuring the enforcement of the law to protect habitats and species.

Opportunities

France could perform better on issues where a sound knowledge base and good practices already exist. This applies in particular to: • Incentivising a shift from diesel fuel for motor vehicles, notably through taxation. • Achieving waste management plans across its entire territory. Country profile of France France is a politically centralised country which has delegated several environmental competences at regional and local level while keeping the assessment of environmental impact at the national level. Recently (August 2015), the loi ‘NOTRe’ (Act on the new territorial organisation of the French Republic) has allocated more competences on sustainable development at the regional level (waste, renewable energies, mobility, land-use planning, etc.). • Reducing the percentage of incinerated and landfilled waste and increasing reuse and recycling in order to create more business opportunities.

Source : http://ec.europa.eu/environment/eir/pdf/factsheet_fr_en.pdf

Sources on SGAE :

http://www.sgae.gouv.fr/cms/sites/sgae/accueil/le-sgae.html

http://www.sgae.gouv.fr/cms/sites/sgae/accueil/le-sgae/attributions/lapplication-du-droit-communauta.html

http://www.sgae.gouv.fr/files/live/sites/sgae/files/contributed/SGAE/1.Le%20SGAE/textes/Triptyque(EN)(70ans).pdf

http://www.sgae.gouv.fr/files/live/sites/sgae/files/contributed/SGAE/1.Le%20SGAE/textes/SGAE_EN.pdf

Source on Régions de France:

http://regions-france.org/

[1] Established by Lisbeth Hooghe

[2] Falkner, G. & Treib, O. (2008). Three worlds of compliance or four? The EU‐15 compared to new member states. [This work is later also published in: Journal of Common Market Studies, 46(2), 293-313.]

[3] Circulaire du 27 septembre 2004 relative à la procédure de transposition en droit interne des directives et décisions-cadres négociées dans le cadre des institutions européennes