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 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 34,5 billion euros (in 2020), 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.

Local actors such as the Parisian municipal government, has taken an aggressive approach to meeting EU carbon-emissions, net-zero goals through an expansive and considerable reapproachment of sustainable urban planning and development policy. Anne Hidalgo's government has recently established a firm-goal of 300 additional hectares of green-spaces as well as additional moves to remove parking spots from the city proper. This committment to build a major urban planning framework falls well within the European Commission's handbook's reccomendation to approach these policies within a greater strategic vision, which Hidalgo and her fellow policymakers are certainly embracing. Paris' approach to sustainable urban planning could potentially serve as a distinct, imaginative, and important example for other European municipal goverments as the climate continues to change life in EU metropolitan areas [4, 5]

**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
27th September 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
Constitution)

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/

**References**

[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

[4] https://urban.jrc.ec.europa.eu/urbanstrategies/introduction#the-chapter

[5] https://www.lemonde.fr/en/politics/article/2023/06/05/how-paris-wants-to-overhaul-urban-planning-to-meet-climate-and-housing-targets\_6029164\_5.html