Bulletin n. 2/2011
October 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Monjal Pierre-Yves
    L'accès aux avis motivés de la Commission européenne par les collectivités locales – Remarques sur les manquements locaux imputables à l'État ou comment justifier certains silences coupables…
    in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 550, juillet-août ,  2011 ,  424-438
    Local communities are bound to apply European Union law. Any failure is obviously condemnable, both by the Court of Justice and by internal courts. Yet in some cases, such failures are clearly chargeable to the State. That is particularly the case in the area of public contracts and concessions. Are communities who unwillingly make an unlawful implementation of national law, in a position to prevent and/or annihilate such risks of failure? Probably, access to the motivated opinions of the Commission could be a means for them to protect themselves from such risks, whose legal consequences could be very heavy. But between the objective interest that suchh communities can have in knowing the contents of the opinion and the legal room for manoeuvring afforded to them for obtaining them, there is a long way to go. Can such reprehensible silence by the State and the Commission be justified at a time when it can be thought that the Lisbon Treaty acknowledged the local level as the relevant level for implementing the objectives of the European Union?
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