Paper Issues of transposition and interference Table of Contents

Cooperation and Coordination

In the UK coordination and cooperation mechanisms between the central and all devolved authorities are based on principles binding by honor only. The principles of good communication, consultation and co-operation are clearly emphasized by the Memorandum of Understanding (MoU) between these parties (MoU, 2013). A central coordination of the overall relationship (Joint Ministerial Committee) was established. Policy coordination occurs here on all matters whether they are international, European or domestic. Prior to the JMC – and in practice still today – most contact between administrations occurs according to need on bi- or multilateral basis. Exchange of information and coordination on all domestic and transposition-related policy dossiers occurs between the different levels on a regular basis as part of the normal procedure (N. Ritchie, interview, 08.06.15).
In Belgium the ordinary legislative procedures at the different levels do not demand the vertical nor horizontal coordination of views and policy-preferences when making domestic law. Indeed, all regional and federal laws have equal legal status and cover distinct territories and domains. With regard to transposing European legislation, however, sectorial permanent working groups are put in place in which interfederal or interregional concertation is organized as a systematic part of the process (Van Reybroeck & Bursens, 2005). Preliminary interviews with Flemish officials concur on the one hand that information is exchanged and 'early' transposers can inspire the others through their work. On the other hand, they also indicate that - in the end - each authority tends to go its own way. This might be due to practical reasons, but it might also link back to institutional jealousy. Earlier studies pointed to strong vertical institutional jealousy in Belgium but also to rivalries between administrative and political actors (Dierickx, Bursens & Helsen, 2003).
Both Scottish and Flemish governments keep track of ongoing transposition processes and regularly reports back to their parliaments. In Flanders this practice is longstanding and has become more detailed over the years.

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