By-passing the National Level? Municipalities as Legal Actors in Multi-Level Governance in Norway and Sweden

Abstract

This article aims at illuminating the role of Swedish and Norwegian municipalities as legal actors in multi-level governance. The research question is threefold: What is the role of Swedish and Norwegian municipalities as legal actors in relation to the European level? How do these roles affect local autonomy at the national level? What is the impact of the different affiliations at the European level, Sweden's full membership, and Norway only being a party to the EEA Agreement on these questions? Previous research has shown that municipalities have been able to magnify their influence, both externally and internally, through the intermediary of the European Union. The ability to magnify their influence will depend on the national constitutional framework and the formal affiliation to the European level, among other things. In this study, the role of the municipalities in Norway and Sweden is described by analysing the constitutional position of municipalities at the national level, the municipal influence on the drafting of EU legislation, the Nordic municipalities as actors before the ECJ and the EFTA Court and the municipal implementation of EU/EEA law. On a general level, the study found that the constitutional structures are mainly monolithic, although there are polycentric features. The ability of Norwegian and Swedish municipalities to by-pass national authorities is visible but cannot be described as strong. The role of the municipalities in acting at the European level is noteworthy, but the legal framework does not allow for a significant increase in local autonomy. The EEA affiliation of Norway implies that the municipalities have a weaker position at the European level.