Resolution of the Committee of the Regions: "For a European Constitutional Framework"
Date: 2000-09-20
Institutions: European Committee of the Regions
Subjects: European Union, European treaties, institutional reform, regional policy

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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).

(1) OJ C 156, 6.6.2000, p. 1.
(2) OJ C 156, 6.6.2000, p. 6.

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The Committee of the Regions

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

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;

9.

stresses that making the institutions more democratic
means making the decision-making processes more
this can only be achieved by
democratic, and that
involving citizens and their elected representatives, par-
ticularly 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.

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 insti-
tutional issues are essential;

In this context:

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

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;

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;

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;

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

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

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 insti-
tutions, 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;

1.

2.

3.

4.

5.

6.

7.

8.

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16.

stresses that different Member States have different tra-
ditions 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 nego-
tiation; 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;

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
European Union, as well as by judicial means;

the competences of

18.

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

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;

19. considers that the term ‘European constitutional frame-
work’ would provide a strong point of reference which
the public could understand if the document indicated
clearly and concisely:

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;

— 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-mak-

ing 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;

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 frame-
work therefore require a thorough explanation, involving
an extensive debate.

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

In the light of the above:

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

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;

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30. affirms that a process which would give the Treaties
constitutional status must take account of the impli-
cations 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 tra-
ditions 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

Opinion of the Committee of the Regions on ‘Regional and local authorities and the European
Union’s common strategy for the Mediterranean’

(2001/C 22/03)

THE COMMITTEE OF THE REGIONS,

having regard to the declaration adopted at the Barcelona Euro-Mediterranean conference on 28 November
1995;

having regard to the conclusions of the Vienna European Council of 11 and 12 December 1998;

having regard to the conclusions of the Stuttgart Euro-Mediterranean conference of 15 and 16 April
1999;

having regard to the conclusions of the Cologne European Council of 3 and 4 June 1999;

having regard to the conclusions of the Feira European Council of 19 and 20 June 2000;

having regard to its opinion on the Communication from the Commission to the Council and the
European Parliament on strengthening the Mediterranean policy of the European Union: Proposals for
implementing a Euro-Mediterranean partnership (COR 371/95) (1);

having regard to its opinion on Local authorities and the Euro-Mediterranean partnership (COR 125/97
fin) (2);

having regard to its resolution on Decentralised cooperation and the role of regional and local authorities
in the Euro-Mediterranean partnership (COR 40/2000 fin) (3);

having regard to the European Parliament’s resolution of 30 March 2000 on Mediterranean policy;

having regard to the decision taken by its Bureau on 11 April 2000, under the fifth paragraph of
Article 265 of the Treaty establishing the European Community, to draw up an opinion on Regional and
local authorities and the European Union’s common strategy for the Mediterranean, and to direct
Commission 1 for Regional Policy, Structural Funds, Economic and Social Cohesion and Cross-border
and Inter-regional Cooperation to undertake the preparatory work;

(1) OJ C 126, 29.4.1996, p. 12.
(2) OJ C 64, 27.2.1998, p. 59.
(3) OJ C 156, 6.6.2000, p. 47.