How to apply European regulations in national public administrations is an essential condition to ensure compliance with European Union law. In a context where European institutions frequently issue directives, regulations, and decisions, public bodies must adapt in a swift, secure manner and in accordance with the principle of primacy of EU law.
In this article, we explain how to correctly apply European Union law in national public administrations, with a practical approach tailored to public and regulatory law.
What European regulations must national public administrations apply?
European legislation is primarily presented in three forms:
- Regulations: They are directly applicable in all Member States. No transposition is required.
- Directives: They bind the States as to the result to be achieved, but allow discretion on the means. They must be transposed into national laws or regulations.
- Decisions and delegated acts: These bind their specific addressees (which may be States, administrations, or entities) and sometimes require practical implementation.
Practical example: The General Data Protection Regulation (GDPR) is directly applicable, while the Directive on public procurement was transposed in each Member State through national legislation.
The correct application of European Union law by public administrations is a legal obligation arising from the Treaties. Thus, public compliance is not only linked to the fight against corruption or transparency, but also to the technical and legal enforcement of European standards, many of which directly affect administrative actions.
Principles for applying European regulations in national public administrations
To apply european regulations in national public administrations in accordance with the EU legal framework, it is essential to consider the following key principles:
- Principle of primacy of EU law: When there is a conflict between a national rule and a provision of EU law, the latter must prevail. Public administrations are obliged to apply European regulations even above domestic law.
- Direct effect of European law: Certain EU norms, such as some Treaty articles or regulations, may have direct effect. This means they must be applied by national administrations or authorities without needing further transposition or legislation.
- Consistent interpretation of national law: Authorities and administrative bodies must interpret national law in a manner compatible with Union law. This consistent interpretation ensures the proper application of European regulations and avoids potential contradictions.
- State liability for non-compliance: If a public administration fails to correctly apply European regulations, the State or the administration itself may be held liable and sanctioned.
How should national public administrations act to apply European regulations?
Below are the steps to ensure compliance with EU law by national entities, administrations, and bodies:
Preliminary regulatory compatibility analysis
Before adopting administrative decisions, it is necessary to conduct an analysis of compatibility with European Union legislation. This prior control helps to prevent contradictions and ensures that EU and national laws are applied consistently.
Direct application of immediately effective norms
When a European rule has direct effect—as is the case with regulations—it must be applied by the administration without the need for additional national legislation. This must be done within the established deadlines and in accordance with the relevant legal procedures.
Interpretation in line with EU law
Every national provision, act, regulation, or decision must be interpreted in a manner consistent with European Union law. This is established to ensure normative coherence and to prevent legal conflicts or contradictions between legal systems.
Professional legal support: Safe interpretation and application
When doubts arise about how to interpret or apply a rule, the support of a law firm or consultancy specialized in EU and regulatory law is essential.
We provide personalized analysis, legal reports, practical solutions, and an expert perspective that enables administrations to act with full legal certainty and in accordance with the normative framework.
An inaccurate interpretation or omission can lead to serious legal consequences. Contact us today and ensure the legality of your administrative actions within the European framework.
Concrete examples of practical compliance implementation
| Sector | Applicable European regulation | Compliance requirements |
|---|---|---|
| Public procurement | Directives 2014/24/EU and 2014/25/EU | Inclusion of mandatory clauses in tender documents, publication in TED, transparent review. |
| Environment | REACH Regulation (EC) No 1907/2006, Directive 2008/98/EC | Protocols for hazardous substances, waste management, annual monitoring reports. |
| Data protection | Regulation (EU) 2016/679 (GDPR) | Records of processing activities, risk analyses, Data Protection Officer (DPO) appointment. |
| State aid | Art. 107 TFEU, Regulation (EU) 651/2014 | Notification to the Commission, compliance with de minimis rules, traceability of aid. |
| Transparency & Digital | Regulation (EU) 2021/694 on Digital Europe | Interoperable platforms, open access to public data, cybersecurity protection. |
Success stories: administrations that have successfully applied European legislation
Public institutions of the Member States have managed to integrate European Union law through compliance systems (public compliance). Let’s look at some relevant examples that may serve as a reference:
City of Lyon (France): advanced application of European law in ecological transition
The Mairie de Lyon has been one of the first French cities to align its environmental and public procurement policy with European directives, especially within the framework of the European Green Deal and Directive 2018/2001 on renewable energy:
- Green contracts with binding criteria inspired by EU legislation.
- Environmental impact assessments in accordance with Directive 2011/92/EU.
- Internal audit programs to ensure compliance with European funds.
Result:
- National benchmark in environmental compliance
- Increase in European subsidies due to regulatory compliance
- Emissions reduction and responsible public procurement
Success cases from our law firm
Région Grand Est (France): legal audit on green public procurement
In 2022, our firm conducted a regulatory audit to align its procurement policy with Directive 2014/24/EU and the objectives of the European Green Deal. We designed an internal guide and assisted in its implementation.
Result: This allowed the region to reduce the risk of claims by 35% and become a national benchmark in sustainable public procurement.
Provincial Council in Spain: regulatory modernization to access European funds
In 2023, we advised a Provincial Council in redesigning its internal regulatory framework to facilitate access to Next Generation EU funds. Our team developed an internal application protocol adapted to the Recovery and Resilience Mechanism.
Result: More than 8 million euros raised for energy efficiency projects.
Brussels Region (Belgium): control of State aid and compliance with Article 107 TFEU
We collaborated with an economic development agency of the Brussels Government in assessing the legality of a regional tax incentive scheme for tech SMEs. We identified risks and implemented a simplified prior notification system before the European Commission, in accordance with Regulation (EU) 651/2014.
Result: The program was validated by the Commission in less than 60 days, and more than 40 million euros were distributed with full legal certainty.
Frequent cases of errors in applying EU law by administrations
- Lack of knowledge or failure to identify applicable European rules: Many administrative decisions are adopted without taking into account regulations or directives that directly affect the national scope.
- Incorrect application of a Directive: Administrations do not always understand the margin a directive offers, its limits, or how to apply it. This can lead to acts incompatible with the purpose and content of EU law.
- Conflict between national rule and European legislation: The validity of domestic provisions contrary to European law violates the principle of primacy, which can lead to judicial annulments.
- Non-compliance with deadlines and obligations imposed by European legislation
Sanctions and consequences for national administrations that fail to comply with EU law
Responsibility of the Member State of the European Union
The European Commission may initiate an infringement procedure against the State, even if the non-compliance originates from a subnational authority (for example, a municipality that wrongly applies an environmental directive or a region that grants unnotified State aid). The CJEU may impose financial penalties, such as a daily coercive fine or a lump sum.
Many Member States have developed legal mechanisms to pass on European fines or sanctions to the regional or local administration responsible for the breach.
This means that, if a municipality, community, or region causes the infringement, it may end up paying the penalty from its own budget.
Annulment of administrative acts and absolute nullity
Any decision adopted in contradiction with EU law may be annulled by national or European courts and will be considered absolutely null if it violates mandatory EU rules.
This can have significant legal effects: return of illegal aid, revocation of authorizations, licenses, compensation, etc.
Liability of the infringing administration
The affected citizen or company may claim compensation for damages caused by the breach of EU law (Francovich doctrine). This results in direct liability of the autonomous or local administration when the damage and causal link can be identified.
For this reason, it is necessary to implement a European compliance system in each public administration, with specialized advice in EU law.
Does your public administration correctly comply with European Union law?
At Arthur & Marin, we are a leading law firm in European Union law, public law, and regulatory compliance applied to the public sector. We help local, regional, and national administrations avoid sanctions, gain legal certainty, access European funding with full guarantees, and apply European regulations in public national administrations.
What are we specialized in?
- Transposition and effective application of European directives
- Conformity analysis with EU regulations
- Legal opinions in European law
- Design of internal policies, best practice guides, and compliance protocols
- Legal audits and specialized training for technical and legal teams
What sets us apart?
- Experience combining European regulations and administrative operations
- Multilingual legal advice
- Tailor-made solutions adapted to each institutional context
- Success cases throughout the European Union
Contact us at ✉️ info@arthurmarin.com or 📞 +32 465 345 345
