Opinion of the Committee of the Regions on "The role of the regional and local authorities in European integration"
Date: 2002-11-21
Institutions: European Committee of the Regions
Subjects: EU competence, European Committee of the Regions, decision-making, governance, legislative power, political cooperation, principle of subsidiarity, regional and local authorities

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7.18.
a view towards 2003 as the European Year for the Disabled.

Recommends that this be developed as priority with

7.19.
Suggests that the derogation mechanism will be of
particular relevance in light of the proposed enlargement of
the EU.

7.20.
Recommends that following the accession of the next
group of candidate countries and following their transposition
law of the Directive and its application in
into national

municipal elections, a further report on the application of the
Directive 94/80/EC be compiled. This second report would be
useful in the evaluation of trends following their accession.

7.21.
Considers that in addition to the questionnaire, an
independent working group should be established to see what
action is being undertaken in Member States to promote
In
registration and turnout of non-national EU citizens.
the spirit of the cooperation protocol with the European
Commission, the CoR should be involved in all stages of the
drawing-up of this report and in the working group.

Brussels, 21 November 2002.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on ‘The role of the regional and local authorities in
European integration’

(2003/C 73/15)

THE COMMITTEE OF THE REGIONS,

having regard to the working document of the European Parliament’s Committee on Constitutional
Affairs on The role of the regional and local authorities in European integration (PE 313.402);

having regard to the decision of the European Parliament of 3 September 2002 to consult it on this
matter, under the fourth paragraph of Article 265 of the Treaty establishing the European Community;

having regard to the decision of its Bureau of 2 July 2002 to instruct the Commission for Constitutional
Affairs and European Governance to draw up an opinion on this subject;

having regard to the presidency conclusions of the Laeken European Council of 14 and 15 December
2001, and in particular the Laeken Declaration on the future of the Union;

having regard to the European Commission White Paper on European Governance (COM(2001) 428
final);

having regard to the European Parliament’s report on the division of competences between the European
Union and the Member States (A5-0133/2002);

having regard to the draft conclusions of 29 July 2002 of the European Convention working group on
the principle of subsidiarity (WD09-WG1);

having regard to its preliminary contribution to the Convention of 4 July 2002 (CdR 127/2002 fin);

having regard to its opinion of 13 March 2002 on the White Paper on European Governance (CdR 103/
2001 fin) (1);

(1) OJ C 192, 12.8.2002, p. 24.

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having regard to its opinion of 13 March 2002 the Draft Report of the European Parliament on the
division of powers between the European Union and the Member States (CdR 466/2001 fin) (1);

having regard to its resolution of 14 November 2001 on the preparations for the Laeken European
Council and the further development of the European Union in the context of the next intergovernmental
conference in 2004 (CdR 104/2001 fin) (2);

having regard to its opinion of 14 November 2001 on the participation of regional government
representatives in the work of the Council of the Union (CdR 431/2000 fin) (3);

having regard to its report of 20 September 2001 on proximity (CdR 436/2000 fin);

having regard to its resolution of 4 April 2001 on the outcome of the 2000 Intergovernmental
Conference and the discussion on the future of the European Union (CdR 430/2000 fin) (4);

having regard to its opinion of 11 March 1999 on the principle of subsidiarity: Developing a genuine
culture of subsidiarity. An appeal by the Committee of the Regions (CdR 302/98 fin) (5);

having regard to the position paper of June 2002 by the Council of European Municipalities and Regions
(CEMR) on the Convention;

having regard to its draft opinion (CdR 237/2002 rev.) adopted on 11 October 2002 by the Commission
for Constitutional Affairs and European Governance (rapporteur: Lord Tope (UK-ELDR), Member of the
Greater London Authority and Councillor of the London Borough of Sutton;

whereas the President of the European Commission has recently stated that ‘it is vital for the regions and
local authorities to play a more active role. There needs to be better upstream participation in the EU
decision-making process up to the conception stage. The Member States must involve the regions and
local authorities in working out national positions within the Council. The Commission wants more
organised dialogue with regional, urban and local actors.’ (6),

adopted unanimously the following opinion at its 47th plenary session of 20 and 21 November 2002
(meeting of 21 November).

1. The Committee of the Regions’ views concerning the

EP working document

General considerations

The Committee of the Regions

1.1.
welcomes the European Parliament initiative in draw-
ing up a report on the role of the regions and local authorities
in European integration as a step forward in connection with
the debate on the future architecture of Europe, which the CoR
would like to develop further and strengthen.

stresses that the debate is about the role and rights of
1.2.
all spheres of sub Member State government, i.e. local and
regional authorities, reflecting the breadth and diversity of
arrangements across the Member States, as well as their
representative bodies and associations.

( 1) OJ C 192, 12.8.2002, p. 31.
( 2) OJ C 107, 3.5.2002, p. 36.
( 3) OJ C 107, 3.5.2002, p. 5.
( 4) OJ C 253, 12.9.2001, p. 25.
( 5) OJ C 198, 14.7.1999, p. 73.
( 6) President Prodi Speech 02/344, Bellagio 15 July 2002.

1.3.
by the same token, is surprised at the working docu-
ment’s lack of awareness of the regional dimension, in contrast
to earlier Parliament documents, and the approach initiated by
the European Commission’s White Paper on governance, as
reflected in the Laeken declaration, in which the heads of state
and government referred to the need to devote particular
attention to the regional dimension in order to achieve better
distribution and definition of competence in the EU.

shares the EP rapporteur’s view that the process of
1.4.
integration should be taken forward, not weakened, in an
enlarged Europe and that the Community method needs to
be reinforced, not put in danger; emphasises that a fuller
involvement of all spheres of governance involved in delivering
EU policies and legislation is therefore a positive and necessary
contribution towards this objective and will bolster the
democratic legitimacy of the Union. Moreover, early consul-
tation of these legitimate interests will identify and possibly
resolve potential problems at an early stage and thereby
facilitate more effective decisions and implementation of EU
policy and legislation.

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1.5.
reiterates its call for the Union’s shared principles to be
extended to encompass the principles of local and regional
self-government, whilst respecting the internal constitutional
provisions of the Member States.

1.6.
shares the view of the EP rapporteur therefore, that the
principle of subsidiarity should not govern solely relations
between the Union and its Member State governments, but
also other spheres of governance and refers to the declaration
on subsidiarity by Germany, Austria and Belgium noted by the
Amsterdam intergovernmental conference.

1.7.
considers therefore that strengthening the democratic
legitimacy of the European Union inevitably means increasing
the participation of local and regional authorities in the
decision-making processes and increasing their participation
in the preparation and implementation of European policies.
Contrary to comments in the EP working paper, it does not
believe that this will necessarily overburden or complicate the
decision-making process. Any increased complexity would be
largely compensated for by greater legitimacy and public
acceptance and efficiency gains in the implementation (as any
technical obstacles will have been identified and resolved).

1.8.
welcomes therefore the proposals of the European
Commission concerning greater involvement of local and
regional authorities. However, the CoR underlines that this
greater involvement must be two-fold: on the one hand,
systematic consultation of local and regional authorities and
their associations in the pre-legislative stage, and on the other
hand, a strengthened role for the Committee of the Regions in
the political decision-making process.

Subsidiarity

The Committee of the Regions

1.9.
reiterates its view that the principle of subsidiarity is a
political principle which is constitutional in nature, and that
its incorporation in the Treaties obliges Member States and
the relevant institutions to choose the most effective and
proportionate level
for decision-making. The principle of
subsidiarity must therefore guarantee both regional rights and
local self-governance, in keeping with the law of each Member
State, given also that in many Member States local authorities
share administrative responsibility for Community-related
matters. The Community should take action only if and insofar
as the objectives of the proposed action cannot be sufficiently
achieved by the Member States or their constituent spheres of
governance and can therefore, by reason of the scale or effects
of the proposed action, be better achieved by the Community.

1.11.
considers that legislation is not the only means of
acting in the public domain, nor always the most important
one, therefore in many of the subject-matters of the European
Union local and regional bodies have an important role to
play irrespective of their limited involvement in legislative
decision-making.

1.12.
considers that despite the political and legal progress
achieved since the subsidiarity principle was enshrined in the
Maastricht Treaty and fleshed out in the Protocol to the
Amsterdam Treaty on the implementation of the principles
of subsidiarity and proportionality,
it has not been fully
implemented and has failed to have the expected impact on
the functioning of the Union and to underpin the prerogatives
and responsibilities of the Member States, regions and local
authorities.

considers that the main provisions of the existing
1.13.
Protocol on subsidiarity should be made explicit in any new
Treaty, including reference to both the Member States and,
according to the competences reserved for them, their local
and regional entities.

1.14.
considers that the conclusions of the Convention on
the principle of subsidiarity should examine the role and
responsibilities of local and regional spheres of governance.

supports the proposal for the Convention to establish
1.15.
a specific working group on the role of the Member State’s
subnational authorities.

1.16.
believes it appropriate that the CoR, as the EU body
which represents the levels of government closest to ordinary
citizens, should have a specific role in monitoring compliance
with this principle and has repeatedly called for the Treaties to
assign to it specifically the task of monitoring compliance with
the subsidiarity principle.

1.17.
calls for local and regional authorities to have the
right to bring actions before the European Court of Justice, in
the event of EU institutions infringing their prerogatives.

therefore expresses doubt about whether there needs
1.18.
to be a new surveillance body created for this purpose;
if
however such a body were to be created, would consider it
important that local and regional government be represented.

1.10.
considers that framework legislation and directives
should be used more frequently in preference to the more
detailed regulations, which should be used only when strictly
necessary for the achievement of the objective.

considers that within each Member State, there should
1.19.
be a mechanism for reviewing the internal application of the
subsidiarity principle.

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Charter of Local Self-Government

The Committee of the Regions

1.20.
considers that the application of the principle of
subsidiarity guarantees the democratic foundation of the
Union’s institutions and the concept of European citizenship.
At the same time, the subsidiarity principle should ensure that
political decisions are taken at a closer level to the citizen, by
means of local and regional self-government. The CoR con-
siders that this dimension of the subsidiarity principle is best
reflected the term ‘proximity’ and that the principle of
proximity should therefore be added to the Union’s ‘govern-
ance’ principles.

1.21.
reiterates its call for the new constitutional framework
of the European Union to incorporate the European Charter
of Local Self-Government as part of the acquis communautaire,
with a view to building a Union based on the principles of
democracy and transparency.

1.22.
restates its view that the principle of regional self-
government must form an underlying principle of the Union,
with respect for democracy and with a view to greater
integration.

Charter of Fundamental Rights

The Committee of the Regions

1.23.
regards the Charter of Fundamental Rights as a key
contribution to European integration which makes it clear that
the European Union is a community of values; advocates the
incorporation of the Charter of Fundamental Rights into the
Treaty.

EU competences

The Committee of the Regions

1.24.
considers it necessary to clarify which tasks must and
can be carried out jointly by a considerably enlarged Union. It
should be made clear which European Union interests can
only be acted on jointly, and the enlarged Union’s tasks should
be concentrated on those areas. However in certain areas, a
transfer back of powers to the Member States — or an
extension of European Union powers — cannot be excluded.

while respecting the provisions of the constitutions of the
Member States. Further notes that the term ‘competence’ is not
limited to a power to legislate, but includes other legal
powers of action within the responsibility of each sphere of
government.

1.26.
calls for the tasks of the European Union to be set
out clearly in the Treaty. However, the European Union should
also continue to be able to react flexibly to the challenges that
lie ahead; a clear distinction should be made between the
exclusive, shared and supplementary powers of the European
Union. As far as the powers enjoyed by the EU are concerned,
the Treaty should enumerate and define the as yet largely
unstructured courses of action which the Treaties provide for
(regulation, harmonisation, mutual recognition, augmentation,
implementation.) In this regard
promotion, co-ordination,
there should be particular effort to promote cross-border co-
operation as a task and objective of the European Union.

1.27.
reiterates that it opposes drawing up rigid and detailed
lists of powers . However, the Union should give consideration
to (and respect) the internal rules and organisation of the
Member States regarding the distribution of competences.

Consultation

The Committee of the Regions

a) C o n s u l t a t i o n a t t h e l e v e l o f t h e E u r o p e a n

U n i o n

1.28.
in calling for the role of the regional and local
authorities in the application of Union policies to be recog-
nised, considers that they and their representative bodies
should be consulted in those areas relevant to the powers they
exercise in accordance with the internal organisation of their
state.

1.29.
in this context, welcomes the European Commission’s
commitment in the White Paper on European Governance to
institute a systematic dialogue between European and national
associations of local and regional government as well as
regional and local authorities themselves, notably in the phase
prior to the drawing-up of new policies likely to have an
impact on the regional and local authorities or to affect their
powers.

1.25.
emphasises that many of the competences of the
future European Union must remain shared competences:
shared not only between the EU and national governments,
but also — in line with the principle of subsidiarity and the
principle of proximity — with regional and local government,

1.30.
calls for the financial and administrative conse-
quences of proposed Community legislation for sub Member
State authorities responsible for its implementation to be made
clear at the consultative stage and taken into account in the
final decision.

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b) C o n s u l t a t i o n o f

t h e C o m m i t t e e o f

t h e

1.36.

specifically, calls for:

R e g i o n s

1.31.
calls for:

concerning the consultative function of the CoR itself,

— a mechanism to ensure that the failure to consult the CoR
where this is mandatory, or the adoption of legislation
falling within the CoR’s area of responsibility in the
absence of the CoR’s opinion within the period laid down
for that purpose should have legal consequences.
In
particular, the CoR must have the right to bring legal
actions in defence of its prerogatives which would enable
it
Justice actions for
abrogation of Community measures adopted without the
mandatory consultation of the Committee being carried
out;

to bring before the Court of

— strengthening of its consultative function by requiring
the institutions adopting a measure to justify failure to
take account of the Committee’s opinion. This require-
ment should extend to all areas in which consultation is
mandatory;

— the list of subjects on which consultation of the Com-
mittee is mandatory be extended to all areas relating to
the competences of local and regional authorities;

— consultation on the Annual Policy Strategy, and on

information and communication.

c) C o n s u l t a t i o n w i t h i n M e m b e r S t a t e s

1.32.
recalls that the White Paper on European Governance
observed that Member State governments are not involving
local and regional stakeholders appropriately in the prep-
aration of their positions on EU policies.

1.33.
considers that Member States’ positions on European
issues should be reached by means of increased dialogue
and collaboration between the national, regional and local
authorities and their representative associations, which would
improve the democratic legitimacy of EU decision-taking, and
recommends that such rights to information and participation
be given a high level of legal guarantee.

The future of the Committee of the Regions

1.34.
recalls that, under the EU Treaty, the CoR was
established as the sole EU body representing ‘regional and local
bodies’ of all the Member States in the EU decision-making
process; the CoR should therefore reflect the diversity of local
and regional governance in the individual Member States on
an equitable basis.

1.35.
reiterates that it cannot be a fully effective channel
for the participation of the local and regional authorities in
European integration as long as it remains relegated to its
current status of an auxiliary, consultative body.

— recognition of the CoR’s status as an institution;

— power to bring actions before the Court of Justice in
defence of its prerogatives and the subsidiarity principle;

— the right to address written and oral questions to the

European Commission;

— a strengthening of the functions of the Committee going
beyond its current purely consultative functions. The CoR
should thus be granted the right to a ‘suspensive veto’ in
some cases of mandatory consultation and where EU
legislation has a financial impact on local and regional
authorities;

— to be able to attend the dialogue between the Council,
the European Parliament and the Commission in the
framework of
the co-decision procedure in cases of
mandatory consultation provided for by the Treaty.

European and national associations of local and regional government

1.37.
notes that with enlargement the Union will comprise
about 250 regions and 100 000 local authorities. It is evident
therefore that the EU cannot consult each and every stake-
holder directly and that there is an ever increasing role for
representative bodies and associations.

1.38.
the CoR is a political body that represents the general
interests of all decentralised authorities in the Union. This
places it in a different position, from both civil society, the
forum for the spontaneous organisation of specific interests;
and secondly, from the European associations of regional and
local authorities which, although made up of political bodies,
are private in nature and represent the interests of
their
members; and thirdly,
local and regional
authorities which are political in nature but represent their
own individual and specific interests. Furthermore, its specific
status as a formal EU advisory body distinguishes it from the
European associations of regional and local authorities.

from individual

this in no way lessens the legitimacy of the other
1.39.
bodies which represent regional or local
interests in the
dialogue with the Community institutions, and which the
institutions need to consult on a systematic basis depending
on the particular information required. In the light of the issue
to be addressed, it seems perfectly natural that the Commission
should organise early consultation forums that include the
European or national associations concerned by a particular
matter, or indeed individual regions where the issue is
especially specific to a given territory or territorial grouping.

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Regions with legislative powers

Concluding remark

1.40.
calls on Member States to institute suitable national
mechanisms, in keeping with their internal arrangements, to
enable local and regional authorities (or combinations thereof)
to engage in the preparation of matters falling within their
own competence in ‘national’ positions with a view to
discussion in the EU Council of Ministers.

1.41.
reiterates its view that participation in all the prepara-
tory phases of Council decision-making is necessary to ensure
that all issues that are the specific responsibility of the regional
and local authorities (according to the constitutional provisions
of each Member State) or are of direct relevance to them, are
dealt with in a comprehensive and effective manner.

also believes that,

1.42.
in addition to the national
parliaments, and in accordance with the constitutional pro-
visions of each Member State, the Committee of the Regions
as the representative of local and regional authorities should
also be involved in the ex-ante supervision of compliance with
the subsidiarity principle and the allocation of powers.

rejects any notion that the development of regional
1.43.
lobbying ‘can hardly be interpreted as a sign of solidarity
towards other regions.’ As the representative of the various
regional and local authorities considers it very understandable
for individual regions, local authorities and their representative
bodies to pursue their own interests within the European
Union, whilst at the same time actively seeking common
ground within the Committee of the Regions.

1.44.
supports the efforts of regional parliaments with
legislative powers to further expand institutional contacts with
the European Parliament.

1.45.
also rejects the rapporteur’s association (change from
original proposal) of the regions with strong constitutions
with rich EU regions and his conclusion that there is a risk of
discrepancy between the integration of rich and poor regions.
This theory does not stand up to a scrutiny of the statistics for
regional GDPs in the EU compiled by Eurostat, whose most
recent data underpin the First progress report on economic and
social cohesion presented by the Commission on 4 February
2002 (1). These regions may defend their common interests by
virtue of the specific powers vested in them but nonetheless
show solidarity with the other EU regions and local authorities
in particular, lay store by a fair economic and social
and,
cohesion policy.

( 1) COM(2002) 46 final.

therefore calls on all regions with legislative powers
1.46.
and all other sub-national authorities to pool their know-how
and experience in order to work together to strengthen the
application of the principles of subsidiarity and proximity in
the European Union.

2. The Committee of the Regions’ recommendations for

changes for incorporation into a new Treaty

Founding principles

2.1.
at Article 6 TEU, should make a statement of the
Union’s Governance Principles, largely as set out in the White
Paper on European Governance, i.e. comprising ‘openness,
participation, accountability, effectiveness, coherence, subsidi-
arity [proximity], proportionality’, we would add ‘consultation;
partnership.’

2.2.
at Article 6 TEU, where it refers to the founding
principles of the Union, should make specific reference to
regional Self-Government and to the European Charter of
Local Self-Government, and should reflect that commitment
in the following terms: ‘The Union shall respect the principle
of regional Self-Government and the rights related to Local
Self-Government, as guaranteed in the Charter of Local Self-
Government of the Council of Europe of 1985.’

2.3.
additionally, at Article 6TEU (paragraph 3) should
make reference to the Charter of Fundamental Rights, and that
the provisions of the Charter should be incorporated into the
Treaty at the appropriate points(s); in this connection, Article 6
TEU, where it refers to respecting the identities of its Member
States, should read ‘the Member States, including (in accord-
ance with their internal organisation) their regions and local
authorities.’

Subsidiarity

at Article 5 TEC,

2.4.
insert ‘the Community shall give
consideration to (and respect) the internal rules and organis-
ation of the Member States regarding the distribution of
competences’.

2.5.
at Article 5 TEC the definition of subsidiarity should
make explicit reference to ‘the Member States or their local and
regional authorities, according to the competences reserved for
them by each Member State’,

2.6.
at Article 5 TEC, should consider a mechanism (not
necessarily a new institution) for reviewing the application of
the principle of subsidiarity, and impose upon the Member
States ‘a duty to establish a mechanism for reviewing the
application of the principle as it applies in that state’.

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2.7.

at Article 10 TEC (first paragraph):

‘Member States, and their regional and local authorities, in
the context of their respective competences, shall take all
appropriate measures, whether general or particular, to ensure
fulfilment of the obligations arising out of this Treaty or
resulting from action taken by the institutions of the Com-
munity.’

‘In connection with this, all legislative proposals shall include
an estimate of the resource implications (financial and adminis-
trative) for the implementing bodies.’

The following wording should be added to Article 230 of the
TEC:
‘The Court of Justice shall be responsible for hearing
complaints lodged by a Member State, a region or local
authority of a Member State, or the Committee of the Regions,
concerning contravention of the subsidiarity principle’.

Consultation

2.8.
at Article 211 TEC, at the end add an obligation on the
‘Commission to pursue its activity in a spirit of partnership
with the Member States and with elected regional and local
authorities or their representative bodies, observing its prin-
ciples of good governance, notably that of consultation.’

Concerning the Committee of the Regions as an institution

2.9.
at Article 7 TEC (paragraph 1) insert ‘Committee of the
Regions’ into the list of full institutions (and therefore delete
existing reference in paragraph 2).

2.10.
in Part Five, Title 1, Chapter 1 (‘The institutions’)
insert a new section 5 ‘The Committee of the Regions’ to give
effect
institution. Articles and
provisions currently under Chapter 4 would transfer to this
new section.

to its request to be a full

The right of the Committee of the Regions to bring actions
before the Court of Justice in defence of its prerogatives should
be enshrined in the third paragraph of Article 230 TEC as
follows:
‘The Court of Justice shall have jurisdiction, under
the same conditions in actions brought by the European

Brussels, 21 November 2002.

Parliament, by the Court of Auditors, by the ECB and by the
Committee of the Regions for the purpose of protecting their
prerogatives’.

2.11.
at Article 263 TEC to be amended thus: ‘The Com-
mittee of the Regions, consisting of representatives of regional
and local government bodies, shall exercise the functions
conferred upon it by this Treaty.’

at Article 265 TEC (paragraph 1), add at the end:
2.12.
‘failure to consult
the Committee where that is deemed
mandatory by this Treaty shall give rise to a suspension of the
procedure in the other institutions (or invalidate a decision
already taken) pending transmission of
the Committee’s
opinion within the time limits set down in this Treaty.’ This
shall,
in effect, provide the Committee with a right of
suspensive veto in such cases.

2.13.
at Article 265 TEC (paragraph 2), the time limit
should be extended to three months, to reflect the fact that the
Committee only has resources to hold five plenary sessions
annually.

2.14.
at Article 265 TEC (paragraph 3), add at the end: ‘The
Committee shall have the right to address written and oral
questions to the Commission.’

2.15.
at Article 265 TEC [paragraph 7 (new)]: ‘The Council
and the Commission shall provide on a regular basis a reasoned
report on action taken in response to the Committee’s
opinions.’

Co-decision procedure

2.16.
at Article 251 TEC (paragraph 4) concerning the
composition of the Conciliation Committee, add ‘The Com-
mittee of the Regions may participate as observer on all
matters subject to mandatory referral under this Treaty, with a
view to advising the other institutions of the implications for
the spheres of governance that it represents.’

2.17.
Instructs its President to forward this opinion to
the President of the European Parliament, the Council, the
European Commission and the Chairman of the European
Convention.

The President

of the Committee of the Regions

Albert BORE