Open Days: Multilevel governance is future of the EU

Luc Van den Brande argues that multi-level governance will be key to modernising cohesion policy for the 2014-2020 Programming period.

By Luc Van den Brande

08 Oct 2014

Since 2008 a wide reflection was organised within the European Committee of the Regions (CoR) as to how a rather academic debate on the virtues of 'multilevel governance' (MLG) could be translated into operational recommendations for EU policy design and implementation. The CoR's proceedings resulted in the adoption of a white paper on MLG in 2009 for which I was co-rapporteur. In the white paper, MLG has been defined as: "coordinated institutional action by the European Union, the member states and local and regional authorities, based on partnership and aimed at drawing up and implementing EU policies." Recently, the CoR plenary adopted a 'charter for multilevel governance in Europe' promoting the respect of the principle throughout all stages of policymaking both at the EU and member state level. More than 150 regional and local authorities have already signed up to the charter, whereas an increasing number of policymakers have expressed their support.

However, only through the EU legislator can MLG become a binding principle, article five of the common provisions regulation is a real breakthrough in this respect. Upon a proposal from the European commission, the principle was introduced for the first time in the common provisions regulation for the European structural and investment funds. Moreover, the 'partnership principle' was also strengthened. Member states are now obliged to organise a partnership at all stages of programming and at all levels.

"The European code of conduct on partnership constitutes yet another important step towards enhancing collective commitment and ownership of cohesion policy"

The European code of conduct on partnership constitutes yet another important step towards enhancing collective commitment and ownership of cohesion policy. The code defines the objectives and criteria allowing member states to implement the MLG and partnership principles but leaves the necessary flexibility for the practical modalities of implementation in line with the institutional internal structure of the member state in question. An important pillar in this respect is that it allows for different approaches towards the partners according to their functions and competences with regard to cohesion policy.

Operational programmes (OPs) and the new partnership agreements (PAs) need to be drawn up in accordance with the philosophy of MLG and reinforced partnership. Pas constitute the long-term reference framework for the OPs. It is therefore important to ensure that all partners subscribe to their overall objectives and strategic rationale. In this context, the European commission's guidance along the drafting process of the Pas is considered by many member states to be very helpful.

It seems that, at this stage, no 'fundamental' problems exist in respect of the MLG and partnership principles during the drafting process of PA. However, it should be underlined that member states implement the MLG and partnership principles in different ways, according to their historical institutional background, administrative capacity, as well as their experience with the implementation of the principles in the past.

Member states that foster a 'bottom up approach', possibly mixed with some 'top-down' elements, seem to have a PA in place that is genuinely 'owned' and which has not lead to the amendment of strategic choices in thematic objectives in the development of this document often a clear confirmation of these choices and further improvement of the explanation at all levels and by all partners. In some member states, regional and local authorities (RLAs) are merely put at the same level as other 'partners'.

"It is my sincere conviction that only through well targeted, concerted and coordinated action between both public and private actors at all levels will important structural reforms succeed"

Given the democratic accountability of these authorities, those member states should try to foster better MLG by ensuring that a more differentiated approach towards RLAs is in place.

Furthermore, in some member states tensions might arise in case no sound coordination and dialogue structures are in place to deal with the coherence between national OPs and the OPs developed at the regional level.

As far as the procedural requirements for 'good' MLG are concerned, the timetable for consultations and deadlines for sending feedback needs to be less tight in many member states. This is an essential point in order for partnership to be meaningful, relevant and genuine.

It is encouraging that the sixth report on economic, social and territorial cohesion shows that EU cohesion policy has made a big difference in reducing the impact of the crisis but unfortunately development gaps are on the rise again. Over the coming years, ensuring growth and job opportunities will be the most demanding challenge for governments at member state, regional and local level. It is my sincere conviction that only through well-targeted, concerted and coordinated action between both public and private actors at all levels will important structural reforms succeed. The modernised cohesion policy for 2014-2020 is without doubt exemplary in this respect.