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"
Date: 2000-12-13
Institutions: European Committee of the Regions
Subjects: autonomy, local government, regional government, regional policy

16.5.2001

EN

Official Journal of the European Communities

C 144/5

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 Mun˜ oa 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

outside world, financial resources and how they are organised,
and defence of their autonomy.

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

Any declaration concerning regional self-government
1.1.
must cover four key points: the competences of these bodies,
the powers or other means of exercising them vis-à-vis the

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

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 recog-
nised as far as possible in the constitution.

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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.

European and international affairs. This means enabling them
to participate in the adoption of international treaties or in
the
European bodies which adopt resolutions that affect
interests or competences of the region concerned.

1.5.
The definition of regional self-government recognises
the existence of an intermediate tier between central govern-
ment 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 categori-
es (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.

For their part, the regions must exercise their com-
1.8.
petences 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

Recognition of regional self-government must not
1.11.
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.

The draft charter goes on to establish a series of
1.12.
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 finan-
cial 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.

The system for funding regional self-government is
1.16.
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.

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This last aspect of the draft charter is particularly
1.17.
in view of the statutory link it establishes in
important,
It
relations between the regions and central government.
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.

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.

1.18.
the redrawing of regional boundaries.

The charter takes a very clear position with regard to

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 sup-
ports the proposal of the Congress of Local and Regional
Authorities of Europe (CLRAE) to opt for a convention, as this
instrument for guaranteeing
is the most appropriate legal
regional self-government.

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 adminis-
trative 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 particu-
lar interest not least because they apply to European countries
which are undergoing radical political change.

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.

2.6.
As already stated, the principle of regional self-govern-
ment 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.

1.23.
calls on the EU Member States to support this option too.

For the above reasons, the Committee of the Regions

2.

The Committee of the Regions’ recommendations on
the European Charter of Regional Self-Government

The Committee is pleased that the draft charter defines
2.7.
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.

Regional self-government in Europe must respect the
it must
landscape of the

2.1.
principles of democracy and efficacy. To do this,
develop in accordance with the political
Union and its Member States.

2.8.
The Committee considers that the draft charter accu-
rately 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.

2.2.
European integration must proceed with the involve-
ment 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.

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

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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.

The Committee is pleased that

2.12.
the draft charter
recognises the regions’ right to participate in European bodies
which adopt resolutions that affect their interests or com-
petences, and in the adoption of international treaties.

Brussels, 13 December 2000.

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.
turn the draft charter into a convention.

The Committee also calls on the Member States to

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

Lastly, the Committee endorses the content of the
2.17.
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.

The President

of the Committee of the Regions

Jos CHABERT