Opinion of the Committee of the Regions on the "Recommendation of the Congress of Local and Regional Authorities of Europe on a European Charter of Regional Self-Government"

(2001/C 144/02)

THE COMMITTEE OF THE REGIONS,

having regard to the recommendation 34 (1997, 4th session) on the draft European Charter of Regional Self-Government, adopted by the Congress of Local and Regional Authorities of Europe;

having regard to the Declaration on Regionalism in Europe, adopted by the Assembly of European Regions in December 1996;

having regard to the resolution on the problems of regionalisation in Europe No 67 (1970) and the resolution on regional institutions in Europe, adopted by the Standing Conference of Local and Regional Authorities of Europe No 117 (1980);

having regard to the resolution on Community regional policy and the role of the regions, adopted by the European Parliament on 18 November 1988;

having regard to its opinion on Developing a genuine culture of subsidiarity: an appeal by the Committee of the Regions (CdR 302/98 fin)(1);

having regard to its resolution on the European Year of Local and Regional Democracy (CdR 55/96) and its study on local and regional democracy in the European Union (CdR 222/98);

having regard to its supplementary opinion on the application of the subsidiarity principle in the European Union (CdR 284/94 of 5 April 1995);

having regard to its study on regional and local government in the European Union of July 1996;

having regard to the Oulu Declaration on Good Governance in Europe Today, adopted by the Council of European Municipalities and Regions on 17 June 2000;

having regard to the decision taken by its Bureau on 15 February 2000, under the fifth paragraph of Article 265 of the Treaty establishing the European Community, to issue an opinion on this matter and to instruct the Commission for Institutional Affairs to undertake the preparatory work;

having regard to the opinion adopted by the Commission for Institutional Affairs on 27 October 2000 (rapporteurs: Mr Koivisto (FIN-PSE) and Mr Muñoa Ganuza (E-AE) (CdR 39/2000 rev. 2),

adopted unanimously the following opinion at its 36th plenary session of 13 and 14 December 2000 (session of 13 December).

1. The Committee of the Regions' position on the European Charter of Regional Self-Government

Turning more particularly to the Charter of Regional Self-Government, the COR notes that:

1.1. Any declaration concerning regional self-government must cover four key points: the competences of these bodies, the powers or other means of exercising them vis-à-vis the outside world, financial resources and how they are organised, and defence of their autonomy.

1.2. The Charter of Regional Self-Government meets these requirements as it gives detailed consideration to all four points.

1.3. The draft charter provides the requisite statutory foundations for regional self-government, noting to this effect that the principle of regional self-government must be recognised as far as possible in the constitution.

1.4. The draft charter rightly considers that self-government must be enshrined in sufficiently authoritative provisions, i.e. a constitution, statutes of the region, national or international law. At all events, if self-government is recognised by law, a special procedure is required for its adoption.

1.5. The definition of regional self-government recognises the existence of an intermediate tier between central government and local authorities. The task of determining the division of decision-making powers between national, regional and local authorities is a matter for national authorities. This is in keeping with democratic logic and the subsidiarity principle.

1.6. The own competences of regional authorities are an essential tenet of self-government. The scope of these competences is an indication - albeit not the only one - of the degree of regional self-government. The draft charter is interesting here as it divides competences into several categories (own competences, delegated competences) and defines the concept of regional interest as being superior or different to that of regional competence in the strict sense.

1.7. The concept of regional interest is extremely important for regional self-government, as the competences of other bodies may often have a significant impact on the region concerned. Hence, it is not enough for the region simply to exercise its own competences; it must also have a say in other matters of interest to it. This involvement must comply with the relevant legal provisions.

1.8. For their part, the regions must exercise their competences in a democratic and rational manner, in support of their local community and in keeping with the needs of international solidarity. Solidarity is a key element in the right to self-government.

1.9. The regions operate and establish relations with local authorities and with other regions both inside and beyond their own countries ("crossborder relations").

1.10. Exercising these competences also means that the regions can participate in State bodies which adopt decisions that affect them. At a time when political activity is becoming increasingly international, the regions must also have a say in European and international affairs. This means enabling them to participate in the adoption of international treaties or in European bodies which adopt resolutions that affect the interests or competences of the region concerned.

1.11. Recognition of regional self-government must not overlook recognition of other forms of self-government, notably local self-government, remembering that the Council of Europe has adopted a Charter of Local Self-Government. This is a logical consequence of the subsidiarity principle which should apply to relations between the EU, central government, and regional and local authorities.

1.12. The draft charter goes on to establish a series of principles regarding the funding and organisation of the regions. Regions should have the right to self-organisation, as all autonomous authorities do. The power of self-organisation means that the region should have its own administration in which decisions are based on citizens' rights, by means of a representative assembly and an executive body with full democratic legitimation.

1.13. Regional administrations must have their own financial resources, and must have complete independence from central government when spending their resources, so as to enable them to pursue policies which are different from national policies and which do not depend on instructions from central government. The regions must be able to have their own staff to carry out their policies.

1.14. These ideas are sufficiently reflected in the draft Charter of Regional Self-Government. The draft charter clearly states that sources of funding for the regions must be sufficiently diversified and buoyant to keep pace with the real evolution of the cost of exercising their competences and with general economic development.

1.15. Adequate financing must be buttressed by solidarity, which may involve transfers from central government to the regions. However, the system must enable the region to allocate this money as it sees fit, without being obliged to earmark it for a particular purpose.

1.16. The system for funding regional self-government is based on the own resources of the region, consisting mainly of taxes and duties which may also be levied as an additional percentage on the taxes of other authorities. The regions may also have recourse to the capital market in order to raise funds by borrowing. They must manage their funds effectively, and must work effectively with other authorities.

1.17. This last aspect of the draft charter is particularly important, in view of the statutory link it establishes in relations between the regions and central government. It means that the controls operated on the regions are judicial ones. By the same token, the region can defend its competences by invoking procedures that are backed up by the courts.

1.18. The charter takes a very clear position with regard to the redrawing of regional boundaries.

1.19. Having consulted the Committee of Ministers of the Member States of the Council of Europe, the Steering Committee on Regional Democracy (CDLR) concluded that from a technical viewpoint it was legally possible to prepare a legal instrument on regional self-government.

1.20. Accordingly, the Committee of Ministers approved the terms of reference of a drafting committee to prepare such an instrument by 31 December 2001.

1.21. The Committee of the Regions wholeheartedly supports the proposal of the Congress of Local and Regional Authorities of Europe (CLRAE) to opt for a convention, as this is the most appropriate legal instrument for guaranteeing regional self-government.

1.22. As the CLRAE has said, the convention could be flexible and could have a common core while offering various options so as to accommodate the differing regional provisions of the Member States.

1.23. For the above reasons, the Committee of the Regions calls on the EU Member States to support this option too.

2. The Committee of the Regions' recommendations on the European Charter of Regional Self-Government

2.1. Regional self-government in Europe must respect the principles of democracy and efficacy. To do this, it must develop in accordance with the political landscape of the Union and its Member States.

2.2. European integration must proceed with the involvement of the Member States taking account of the various autonomous authorities within them. This would give its activities greater legitimacy and bring it closer to the people, thereby improving transparency and respect for democracy.

2.3. Under the subsidiarity principle, which is enshrined in the Union Treaty, the powers of the various tiers of political authority should be maintained and enhanced, in order that decisions mist be taken as close as possible to the citizens. The Community may only exercise its powers insofar as the given objectives cannot be adequately achieved at national or regional level. That is why, this principle must be a basic tenet of the whole European Union integration process.

2.4. Most European countries have recently seen moves towards devolution. Depending on the constitutional practices of each country, this has led to the establishment of administrative regions or to the granting of additional autonomy to existing regions. The principle of regional self-government is thus being consolidated; it must form an underlying principle of the Union, with respect for democracy and with a view to greater integration.

2.5. The Council of Europe is acquiring increasing political importance. The conventions and resolutions which it adopts concerning the guiding principles of democracy are of particular interest not least because they apply to European countries which are undergoing radical political change.

2.6. As already stated, the principle of regional self-government offers further legitimation for modern democracies. The Committee therefore congratulates the Council of Europe for establishing the Charter of Regional Self-Government, as an instrument which will do much for regional development.

2.7. The Committee is pleased that the draft charter defines the fundamental issues which fall within the competence of the regions. The Committee underscores the need to enshrine these aspects in a sufficiently authoritative legal instrument.

2.8. The Committee considers that the draft charter accurately describes the different types of regional competence, and the concept of regional interest. The exercise of these powers must be backed by a system of own resources that brings in sufficient revenue, while applying the principle of solidarity between different regions of the same country.

2.9. The regions' power of self-organisation is particularly important here, alongside the protection of regional self-government through judicial procedures.

2.10. The Committee recognises the importance of local self-government which has also been considered by the Council of Europe and has been enshrined in a Charter of Local Self-Government. For almost fifteen years this Charter has been of key importance for local democracy in Europe. In recent years it has been particularly valuable in building up the new democracies in eastern and central Europe. The Charter of Local Self-Government is the starting point for a global self-government Charter within the framework of UNCHS

2.11. The Committee is pleased that under the draft charter, regions may participate in national bodies adopting decisions which affect them.

2.12. The Committee is pleased that the draft charter recognises the regions' right to participate in European bodies which adopt resolutions that affect their interests or competences, and in the adoption of international treaties.

2.13. The Committee considers that it is essential that the future charter of regional self-government takes into account the large variety of European models in organising regional government.

2.14. The Committee calls on Member States to approve the draft Charter of Regional Self-Government as soon as possible.

2.15. The Committee also calls on the Member States to turn the draft charter into a convention.

2.16. The Committee voices its wish to be granted the official status of an EU institution at the earliest possible opportunity, so that regional and local authorities can effectively promote their interests within the Union.

2.17. Lastly, the Committee endorses the content of the draft Charter of Regional Self-Government whilst considering it a stage on the road to greater recognition for, and development of, regional powers. For this reason, it calls on the Member States to continue this work in the interests of the regions, the individual countries, the Union as a whole and, ultimately, the citizens of Europe.

Brussels, 13 December 2000.

The President

of the Committee of the Regions

Jos Chabert

(1) OJ C 198, 14.7.1999, p. 73.