THE NETWORK DIMENSION

The network dimension is based on a cooperative approach, regardless of formal and hierarchical relations. This complementary perspective is useful in enabling us more fully to understand the relationship between the subnational units and the EU in specific situations, transcending the distinction between top-down and bottom-up perspectives and between Member States.

Starting from EU regulations (or their proposals), a lengthy decision-making process involves the national administration, regions, and local authorities in jointly drafting the National Strategic Framework (QSN). Tripartite contracts also offer a model of interregional co-operation,³⁹ and they concern cross-cutting areas, such as the environment, research, and transportation.⁴⁰ The first tripartite contract was signed on 15 October 2004 by the European Commission, Italy, and the region of Lombardy. However, as we know in these situations, the State retains the responsibility in relation to the European Union for the execution of European obligations, as a consequence of the principle of autonomy mentioned above.⁴¹ Another example of co-operation is the European Grouping of Territorial Co-operation. This new European legal instrument enables regional and local authorities from different member States to set up co-operation groups with legal personality.

In all these instances the EU has referred directly to the sub-national units in relation to European policies. Indeed, the territorial dimension represents a viable organizational model for reaching European goals. In all the cases mentioned above the sub-national units may be considered as an administrative European authority irrespective of their internal constitutional space.⁴² The image of the “double hat” is a useful representation the situation: the sub-national units are asked to perform different roles according to the system considered (national or European).⁴³ The sub-national units, although established at the national level,⁴⁴ may have a position allotted to them by European Union law, even if only in a functional sense. For this reason it can be said that the notion of “region” is itself mutable:⁴⁵ it varies according to the space taken into consideration (the European or the national).⁴⁶ This duality is confirmed by case law concerning the locus standi of sub-national units before the Community judges. The ECJ, moving from European blindness to internal territorial choices, did not recognize that the region can act as a privileged subject (such as the State) according to the terms of Article 263, paragraph 2, TFEU.⁴⁷ However, the General Court proceeded to consider the sub-national unit as a moral person of public law.⁴⁸ As such, the region has standing to challenge the legality of an act only if it is of direct and individual concern to it: the region can act before the General Court, for example in matters of state aid, but it does not have locus standi in other matters (such as structural funds).