The effect of devolution on the implementation of European Community law in Spain and the United Kingdom

Article abstract:

It is the Member State that is ultimately responsible for the implementation of Community obligations. Unitary states can rely on the State's authority to ensure implementation and federal states have mechanisms to ensure co-operation. This paper examines the relationship between devolution and the implementation of Community law. Spain and the United Kingdom have opted for very different devolution settlements and this difference is reflected in the mechanisms available to the State to ensure that the devolved administrations comply with Community law. One danger is that the devolution arrangement collapses and the State returns to a unitary state, while another is that each region acts independently without regard to the centre or their fellow regions. Scrutiny committees, joint bodies and multi-lateral agreements can be effective in devolved systems to ensure transparency, consistency and co-operation while taking into account political differences, regional differences and any suspicions about the usurping of powers.