Resolution of the Committee of the Regions: "For a European Constitutional Framework"

(2001/C 22/02)

THE COMMITTEE OF THE REGIONS,

having regard to the presidency conclusions of the Cologne and Helsinki European Councils confirming the intention to convene an intergovernmental conference with the task of resolving the institutional issues which were not settled in Amsterdam, and which must be concluded prior to enlargement;

having regard to the decision of the Cologne and Tampere European Councils to draw up a charter of fundamental rights of the European Union;

having regard to the report by the group of experts chaired by Mr Dehaene;

having regard to the European Commission's contribution to preparations for the intergovernmental conference, dated 10 November 1999, and its opinion of 26 January 2000 entitled Adapting the institutions to make a success of enlargement (COM(2000) 34 final);

having regard to the European Commission's communication of 12 July 2000 on a basic treaty for the European Union (COM(2000) 434 final;

having regard to its opinion of 16 February 2000 on the process of drawing up a Charter of Fundamental Rights of the European Union (CdR 327/99 fin)(1);

having regard to its opinion of 17 February 2000 on the 2000 Intergovernmental Conference (CdR 53/99 fin)(2);

having regard to the European Parliament resolution (A5-0086/2000) on the proposals for the intergovernmental conference, adopted on 13 April 2000;

having regard to the draft report of the European Parliament's Committee on Constitutional Affairs on the constitutionalisation of the Treaties (PE 286.949);

having regard to the decision taken by its Bureau on 10 March 1999, under the fifth paragraph of Article 265 of the Treaty establishing the European Community, to draw up a resolution on a European constitution and to direct the Commission for Institutional Affairs to undertake the preparatory work;

having regard to the draft resolution adopted on 9 June 2000 by the working party on a European constitution (Commission for Institutional Affairs);

having regard to the draft resolution: For a European Constitutional Framework (CdR 144/2000 rev. 1, rapporteur: Mrs Bresso, I/PES) adopted by the Commission for Institutional Affairs on 5 July 2000;

whereas the legitimacy of the European Union is based on both States and peoples;

whereas the current democratic deficit is bound to increase following enlargement if institutional problems are not tackled;

whereas radical changes have occurred in recent years, and whereas the European Union is currently undergoing institutional reform,

adopted the following resolution at its 35th plenary session of 20 and 21 September 2000 (meeting of 20 September).

The Committee of the Regions

1. considers that the institutional reforms currently in progress will have a profound influence on the future of the European Union;

2. thinks that it must look more closely at current processes and at their inevitable implications for local and regional authorities; and that, in particular, it must examine the potential role of these authorities in the framework which ensues from these processes, both within the EU institutions and with regard to the public;

3. thinks that it should discuss its analysis with the European institutions, and especially the European Parliament, in the best possible conditions, with each respecting their specific roles; and considers, in this context, that regular contacts between its Commission for Institutional Affairs and the EP Constitutional Affairs Committee on institutional issues are essential;

4. notes that the work of the current intergovernmental conference and the work on the framing of an EU charter of fundamental rights are related;

5. regrets that it has been only marginally involved in the procedures for setting up the two relevant bodies and in the scheduled consultations; and highlights the lack of consistency on the part of those who advocate ever greater involvement of Europe's citizens, yet overlook the advisory role of the representatives of the authorities which are closest to them. If the Union is to be built by the people for the people, the role of local and regional authorities throughout Europe becomes fundamental;

6. considers that the current institutional reforms provide an opportunity not only to clarify the application of the subsidiarity principle at EU level and the instruments for monitoring compliance with it, but also to safeguard it by ensuring a clear delineation of competences within the European Union, based on a partnership of equality and cooperation between the spheres of government;

7. thinks that the nature of the current changes, and the course they should take in the future, need to be considered;

8. reiterates the need for a more democratic and more transparent European Union, as already stated in its opinion on the intergovernmental conference;

9. stresses that making the institutions more democratic means making the decision-making processes more democratic, and that this can only be achieved by involving citizens and their elected representatives, particularly at regional and local level;

10. highlights the urgent need for decisions on institutional reform in the run-up to EU enlargement. The reforms must be thorough and immediate. There must be definite rules which enable the Union to rise to the challenges ahead and guarantee the peace, security and prosperity which integration has brought to Europe over the last fifty years. Enlargement, however, cannot and must not be delayed, and indeed the candidate countries should be involved in the reform discussions.

In this context:

11. stresses that the bigger the Union, the greater the need for a clarity which the Treaties currently do not provide and which is now being demanded in various quarters;

12. thinks that Europe has a heritage of shared values which must be safeguarded and protected by means of an instrument which guarantees their inviolability;

13. considers that major joint initiatives such as the single European currency already entail a relinquishment of national sovereignty;

14. stresses that the historic changes under way require greater transparency, not only on the part of the institutions, but also in the methods for revising the Treaties;

15. notes that many countries are debating the case for giving the EU a constitutional framework that guarantees shared values, sets out key principles, enshrines those rules which are essential for the democratic operation of European society and the rule of law, and delineates competences within the European Union; this would be seen by many as a means of establishing solid and lasting foundations for the European venture;

16. stresses that different Member States have different traditions on this matter: some of them have written constitutions while others do not; in some, the division of powers is based on permanent dialogue and negotiation; in some, regions have extensive powers while in others they do not;

17. deems it vital to promote discussions on the future of the Union in all Member States and among local and regional authorities, in order to explain what should be meant by a European constitutional framework and what advantages and disadvantages this might bring;

18. stresses in this context that a European constitutional framework would be additional to the national constitution in those countries which have one, and must be enshrined in a treaty by the Member States;

19. considers that the term "European constitutional framework" would provide a strong point of reference which the public could understand if the document indicated clearly and concisely:

- the values and principles on which the EU is based, including respect for the fundamental rights and freedoms of the people, cultural and linguistic diversity, and the subsidiarity principle;

- the institutional architecture and the decision-making procedures;

- the powers of the European Union, based on the application of the subsidiarity principle and on a precise indication of its responsibilities in terms of subject areas;

- rules on EU financing;

- the procedures for revising the constitutional framework itself, which must ensure that the final decision is taken by the Member States and their national parliaments.

20. deems it appropriate to stress the active role of local and regional authorities in the constitution-building process, both directly and via the Committee of the Regions;

21. stresses that local and regional authorities have an important role in a constitutional process for defining forms of governance, because of their closeness both to the people and to national governments, which currently are empowered to reform the Union;

22. reiterates that the Committee also has a role to play, alongside other European institutions, in contributing to the dialogue on EU matters in local authorities, regions and Member States; and calls on all local and regional authorities to play an active part in this process;

23. notes that more effective application of the subsidiarity principle is central to the institutional problem facing the Union today and that it will fight for it to be safeguarded by a clear delimitation of the competences of the European Union, as well as by judicial means;

24. stresses its wish to play an active part in the debate launched by the European Commission on governance with a view to the drafting of a white paper, re-affirming the importance of local and regional authorities in this new future form of government;

25. deeply regrets that the institutional proposals for reform of the Committee of the Regions only regard the number of members, rather than better exploitation of the COR's potential, too;

26. urges that the Committee be accorded the status of an EU institution, with access to the Court of Justice of the European Communities, and intends to lobby hard to achieve this;

27. is aware that not all of the European Union's Member States and local and regional authorities are in favour of drafting a constitution for the EU. The reasons for initiating the drafting of a European constitutional framework therefore require a thorough explanation, involving an extensive debate.

In the light of the above:

28. believes that the European Union should now consider the consequences of constitution-building in the light of the Union's shared values, the reasons for working together, the transparency of the workings of the Union and the promotion of more democratic instruments for revising the Treaties;

29. calls on all the local and regional authorities of Europe to play an active part, so that the dialogue can encompass all countries and all levels, enabling the public to express their views too. The possibility of a constitution-building process concerns everyone, and is important for Europe's regions and municipalities. It cannot be left solely to central government;

30. affirms that a process which would give the Treaties constitutional status must take account of the implications at local and regional level. That applies to all changes in the existing balance between the Union and the Member States which affect the political and legal competences of local and regional authorities. Strict adherence to the subsidiarity principle is a prerequisite. Constitution-building must also pay heed to, and respect, local and regional autonomy in keeping with the traditions of the individual Member States;

31. instructs its president to forward the present resolution to the EU Council, the European Parliament, the European Commission, and the governments and parliaments of the Member States.

Brussels, 20 September 2000.

The President

of the Committee of the Regions

Jos Chabert

(1) OJ C 156, 6.6.2000, p. 1.

(2) OJ C 156, 6.6.2000, p. 6.