Opinion of the Committee of the Regions on the Treaty establishing a Constitution for Europe
Date: 2004-11-17
Institutions: European Committee of the Regions
Subjects: European Constitution, European treaties

22.3.2005

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II

(Preparatory Acts)

COMMITTEE OF THE REGIONS

57th PLENARY SESSION OF 17 AND 18 NOVEMBER 2004

Opinion of the Committee of the Regions on the Treaty establishing a Constitution for Europe

THE COMMITTEE OF THE REGIONS,

(2005/C 71/01)

Having regard to the draft report of the European Parliament's Committee on Constitutional Affairs on
the Treaty establishing a Constitution for Europe (PE 347.119),

Having regard to the decision of the European Parliament of 14 September 2004 to consult it on this
matter, under the fourth paragraph of Article 265 of the Treaty establishing the European Community,

Having regard to the Treaty establishing a Constitution for Europe signed by heads of State or govern-
ment on 29 October 2004 (CIG 87/2/04 rev 2, CIG 87/04 Add. 1 rev 1 and Add. 2 rev 2),

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 European Union,

Having regard to the Presidency Conclusions of the Brussels European Council of 17 and 18 June 2004,

Having regard to its opinion on the CoR proposals for the Intergovernmental Conference (CdR 169/2003
fin (1)), its resolution on the Recommendations of the European Convention (CdR 198/2003 fin (2)), its
resolution on the Outcome of the IGC (CdR 22/2004 fin (3)), and its declaration on the Constitutional
process of the Union (CdR 77/2004),

Having regard to its opinion on The participation of regional government representatives in the work of
the Council of the European Union, and of the CoR in informal Council meetings (CdR 431/2000 fin (4)),

Having regard to its draft opinion (CdR 354/2003 rev. 1) adopted on 21 September 2004 by the
Commission for Constitutional Affairs and European Governance (rapporteurs: Mr Franz Schausberger,
Representative of Land Salzburg in the Committee of the Regions (AT-EPP) and Cllr Lord Tope, Greater
London Authority (UK/ELDR).

(1) OJ C 23 of 27.1.2004, p. 1
(2) OJ C 256 of 24.10.2003, p. 62
(3) OJ C 109 of 30.4.2004, p. 52
(4) OJ C 107 of 3.5.2002, p. 5

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1)

2)

3)

4)

5)

6)

Whereas the spirit of the Laeken Declaration and the commitments made by heads of state or
government was to give the Union a constitutional basis, guaranteeing greater democracy, legiti-
macy, transparency and efficiency in order to face up to the democratic challenge of an enlarged
Europe,

Whereas the European Commission's White Paper on European Governance acknowledges that the
EU has moved into a system of multi-level governance and that consequently there must be an
enhanced role for and greater respect towards the powers of the local and regional spheres of
government,

Whereas the Constitutional Treaty provides a constitutional basis for applying and guaranteeing the
subsidiarity principle, while protecting the prerogatives of Member States, regions and local authori-
ties and taking account of the administrative and financial impact of Union legislation on regional
and local authorities,

Whereas the creation of a new ex ante policy monitoring mechanism, which for the first time in the
history of European integration associates national parliaments - and where appropriate, regional
parliaments with legislative powers - with the European legislative process, and the involvement of
the Committee of the Regions in the process of ex-post monitoring, are the key innovation of the
Protocol on the Application of the Principles of Subsidiarity and Proportionality,

Whereas it is important to strike a balance between compliance with the principles of subsidiarity
and proportionality and the need for efficient action by the Union,

Whereas referral from the European Parliament recognises the contribution made by the CoR to
the constitutional process, in particular in its capacity as representative of local and regional authori-
ties in the European Convention.

adopted the following opinion at its 57th plenary session of 17 and 18 November 2004 (meeting of
17 November:

1. The Committee of the Regions' views

THE COMMITTEE OF THE REGIONS

(a) Constitutional process

1.4. welcomes the support from the European Parliament,
in the preparation of the Constitutional Treaty, for a fuller
recognition of the institutional and political role of local and
regional authorities in the Community decision-making process
(cf. report Mr Napolitano on ‘The role of the regional and local
authorities in building Europe’ and the report of Mr Lamassoure
on ‘Division of competences between the EU and the Member
States’);

1.1
congratulates the Irish Presidency for its achievement
in successfully chairing and concluding the Intergovernmental
Conference (IGC) within its term of office;

(b) The Treaty

1.2
recalls its contributions to the constitutional process as
presented by the delegation of CoR observers to the European
Convention and the joint actions and initiatives with European
associations of regions and local authorities focussing primarily
on the subsidiarity mechanism and the regional and local
dimension in the Constitution; welcomes that the Intergovern-
mental Conference adopted the respective proposals presented
by the European Convention;

reiterates its support

1.3
for the constitutional process,
particularly of its Convention phase which was open, participa-
tory and inclusive; considers that the Convention recognised
but underestimated the role and place of local and regional
authorities in the process of European integration as shown in
particular through the organisation of a half-day session on this
subject; regrets that the Convention was not given more time
to discuss in depth the provisions for the policies of part III of
the Constitution leading to the fact that part III does not always
follow the system of competences laid out in part I;

considers that

1.5
the Treaty represents a positive step
forward for the European Union and puts in place many neces-
sary arrangements for the effective governance of the Union;

considers that both the establishment of an explicit
1.6.
link between the coordination of economic and employment
policies [Article I-14 and I-15] as well as the introduction of a
horizontal social clause, according to which the Union must
take into account, when defining and implementing its policies,
requirements linked to the promotion of a high level of
employment, the guarantee of adequate social protection, the
fight against social exclusion, and a high level of education,
training and protection of human health [Article III-117], will
provide an appropriate legal basis for pursuing the European
social model and sustainability as laid down in the preamble of
the Charter of Fundamental Rights of the Union and the objec-
tives of the European Union [Article I-3(3)];

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1.7. welcomes the inclusion of the text of the Charter of
Fundamental Rights into the Treaty, which will give citizens
greater clarity and certainty as to their rights arising from citi-
zenship of the Union, and will provide for a more just and
social Europe;

regrets the entrenchment of

the national veto in a
1.8
number of areas, and considers that this will act as an unneces-
sary impediment to efficient decision-taking;

however welcomes the provision for unanimous action
1.9
by the Council in concluding international agreements on trade
in culture, audiovisual, social, education and health services
[Article III-315];

1.10 welcomes the provisions for applying the normal
legislative procedures for part III of the Constitution [Article IV-
445];

1.11
considers that the Treaty provides a clearer definition
and distribution of powers within the Union, a simplification
of its instruments and a strengthening of the democratic legiti-
macy, transparency of the decision-making process and effi-
ciency of its institutions, and provides the Union with the
necessary flexibility to develop in new directions.

(c) Subsidiarity and the role of sub-Member State government

1.12 welcomes the new definition of the principle of subsi-
diarity and the involvement of the Committee of the Regions in
the process of ex-post monitoring of the application of the prin-
ciple of subsidiarity; [Subsid-Article 8]; welcomes also that it
will receive the report of the Commission on the application of
Article I-11 of the Constitution (subsidiarity and proportion-
ality) alongside the other institutions and the national Parlia-
ments of the Member States [Subsid-Article 9]; regrets however
that the provisions governing the principle of proportionality
are less comprehensive than the ones concerning subsidiarity;

1.13 welcomes the reference to local and regional self-
government [Article I-5 & Part II-preamble], the acknowledge-
ment of the importance of grassroots democracy in the Union
[Article I-46.(3)], and the role of representative associations in
the democratic life of the Union [Article I-47 (2)]; regrets
however that the CoR was not referred to in Title VI (‘demo-
cratic life of the union’) [Article I-46] concerning the principle
of representative democracy, given that its members represent
the democratic principle of proximity at
the
Union;

the heart of

the citizen so can therefore contribute substantially to the
quality of Union legislation; [Article I-5] however states that
consultation cannot substitute responsibility and accountability
of regions and local authorities within their respective spheres
of competence which have to be respected; they must be given
the chance to prove that they can, according to the internal
provisions of the respective Member State, sufficiently achieve
the objectives of the intended action;

1.15 welcomes the provision that the Union shall respect
Member States' national identities and their fundamental struc-
tures, including the right to regional and local self-government,
and their essential State functions [Article I-5] especially those
designed to guarantee territorial
integrity, maintain public
order and safeguard national security, as this can be the key for
maintaining responsibility and accountability of democratically
legitimised local and regional authorities;

the Treaty safeguards the right of
1.16 welcomes that
regional ministers to take part in Council meetings on behalf of
their Member State, as it confirms the text of Article 203 of the
EC Treaty in Article I-23 (2); calls on Member States to
provide internally structures and mechanisms
to involve
regions and local authorities in shaping Member States' Euro-
pean policies and to safeguard regional participation also in the
new regime of Council formations, on issues that fall within
their competence;

1.17 welcomes the requirement of fuller consultation in
the pre-legislative phase - for local and regional authorities to
participate fully in the European decision-making process for
which they have responsibility for transposition and/or imple-
mentation, they need to be well informed of current develop-
ments and adequate prior consultation is essential; this is a
two-way process
in which consultation may enable the
Commission itself to be better informed about the local and
regional dimension and thereby lead to more better lawmaking.
[Subsid-Article 2];

1.18
calls for a real dialogue to be established and extended
into key thematic areas early in the new Commission's term of
office;

urges improved direct consultation at national

1.19
level
between national parliaments and local and regional authorities
responsible for transposition and/or implementation of Union
legislation;

1.14
considers that the fuller recognition of the local and
regional dimension within the new architecture of the Union
will both improve its effectiveness and its linkages with citi-
zens: European integration should entail political decision-
local and
making where account
regional authorities, as it is these spheres of governance that
are responsible for the transposition and implementation of a
large proportion of EU legislation and policy, and are closest to

is taken of the views of

1.20 welcomes the Treaty requirement for prior account to
be taken by the European Commission of the financial and
administrative consequences of
its legislative proposals, and
considers that this must include an evaluation of the impact
on local and regional authorities, given that they are often the
sphere of governance ultimately responsible for delivery and
implementation of new EU initiatives; invites the European
Parliament to give similar consideration to the impact of its
legislative amendments [Subsid-Article 4];

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1.21
acknowledges the broad and valuable debate held at
the CoR Berlin conference on Subsidiarity on 27 May 2004;
understands that a fuller consideration of the application and
assessment of the principles of subsidiarity and proportionality
will be undertaken in a forthcoming CoR opinion.

establish its areas of mandatory consultation within the consti-
tutional architecture and strengthen its consultative role, for
example: in areas of shared competence, for measures to coor-
dinate economic and employment policies, and in areas of
supporting, coordinating or complementary action;

(d) Policies

1.22 welcomes the inclusion of territorial cohesion among
the objectives of the Union and the inclusion of regions facing
various types of difficulty amongst those to receive particular
attention; regrets however that the Treaty does not make refer-
ence to cross-border, transnational and inter-regional coopera-
tion, nor does it provide a clear legal instrument nor a frame-
work for financial support to town-twinning or other such
cooperation [Article III-220-224] - there is a long tradition of
trans-border, transnational and inter-regional cooperation in
Europe which is one of the socio-cultural foundations of Euro-
pean integration and gains even greater significance in the
context of the new neighbourhood policy. A legal base is there-
fore indispensable in order to give the Union the means to
enable such cooperation;

the
1.28 welcomes the granting to the Committee of
Regions of the right to institute proceedings before the Court
of Justice to defend its prerogatives and for infringement of the
subsidiarity principle; [Article III-365]; regrets, however, that
the IGC did not give the regions with legislative powers the
option to institute proceedings before the Court of Justice in
order to defend their legislative powers;

1.29 welcomes confirmation that the term of office will be
extended to five years, which in due course may be co-terminus
with that of the Parliament and Commission [Article III-386].

2. Recommendations of the Committee of the Regions

THE COMMITTEE OF THE REGIONS

1.23 welcomes that the Treaty provides for Member States
– and their constituent spheres of governance – to provide, to
commission and to fund services of general economic interest;

(a) Ratification of the Treaty

the recognition given to cultural and
1.24 welcomes
linguistic diversity, as this will help preserve and promote local
and regional heritage and identity, and combat the homogeni-
sation of European culture; [Articles I-3 and III-280];

takes note of

1.25
the inclusion of supporting, coordi-
nating or complementary action at Union level in the areas of
sport [Article III-282], tourism [Article III-281] and civil protec-
tion [Article III-284], where local and regional authorities have
important roles and calls on the Commission to generally
make use of European framework laws;

1.26
considers the conferral of competences to the Euro-
pean Union in the trade in culture, education, health and social
services needs close monitoring of compliance with the princi-
ples of subsidiarity and proportionality and recommends that
the Commission generally makes use of European framework
laws leaving national, regional and local authorities the choice
of form and methods in achieving the desired results.

2.1
calls upon the European Parliament to give its assent to
the Constitutional Treaty and welcomes the initiative of the EP
committee on constitutional affairs to consult the CoR on its
opinion on the draft constitutional Treaty;

shares the European Parliament's assessment of

the
2.2.
undeniable democratic advances made by the Constitutional
Treaty;

calls upon Member States' national and regional parlia-

2.3.
ments, as appropriate, to ratify the Constitutional Treaty;

supports the European Parliament's political efforts to
2.4.
consolidate the constitutional process by stressing the merits of
this Constitution and in particular the suggestions of
the
Committee on Regional Development;

that

requests

an interinstitutional

2.5.
agreement be
concluded in order to draw up a common communication
strategy to publicise and explain the Treaty establishing a
Constitution for Europe to the general public, especially given
the Treaty's imminent ratification;

(e) Committee of the Regions

1.27
regrets that the IGC did not strengthen the institu-
tional status of the Committee of the Regions in order to firmly

undertakes to participate in this

strategy and to
2.6.
promote understanding and acceptance of the Treaty by the
ordinary citizen and to urge the same of its members and their
authorities and representative bodies;

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2.7. welcomes the initiative ‘1 000 discussions for Europe’
and confirms its willingness to take actively part
in the
campaign of sensibilisation of the European citizens through its
network of local and regional authorities and calls on the
members of the European Parliament and local and regional
elected representatives to join forces in promoting the future
European Constitution and to contribute jointly to the political
and democratic debate which will accompany the ratification
process;

(b) Implementation of the Treaty

2.8.
expects real added value in the Union's democratic life
and work to result from the enactment of the Constitutional
Treaty;

2.9.
undertakes to evaluate the new rights and obligations
falling upon the Committee itself and to make the necessary
preparations and internal re-organisation to respond to its
enhanced responsibilities effectively and efficiently;

2.10
draws the attention of the European Parliament to
several effects of the Constitutional Treaty, and calls on the
Parliament to support the CoR in particular vis-à-vis:

— the qualitative involvement of the CoR in the political life
of the Union and the Community decision-making process;

— the effective and successful application of the provisions of
the Protocol on the principles of subsidiarity and propor-
tionality in terms of both the ex-ante political consultation
process and ex-post legal monitoring;

— respect for the competences of local and regional authori-
ties in accordance with the new definition of the principle
of subsidiarity and the new distribution of competences
within the European Union;

— recognition of territorial cohesion as a new objective of the
Union and respect for the commitments given in the new
protocol on economic, social and territorial cohesion;

— promotion of cross-border and inter-regional cooperation
as an integrating factor in the European Union despite the
lack of a legal basis, particularly with regard to the Union's
ambitions vis-à-vis the neighbourhood policy;

— respect for cultural and linguistic diversity enshrined as a

new Community objective.

2.11
encourages the European Parliament to take further
advantage of the possibility of consulting the CoR as enshrined
in the Constitutional Treaty [Article
to
in order
heighten understanding of the local and regional dimension;

III-388]

event that it does not implement the Committee's recommen-
dations;

2.13
requests to be involved in the defence of the principle
of subsidiarity alongside national parliaments in the six-week
to produce a
early warning period and to have the right
reasoned opinion if the proposal does not comply with the
principle of subsidiarity and for this to be taken into account
[Subsid-Article 6];

2.14
calls on national parliaments to establish a regular and
effective dialogue with representatives of the local and regional
level, who are familiar with the diversity of the issues at hand
and responsible for the consequences as far as monitoring
application of the subsidiarity principle is concerned;

2.15
calls on national governments and parliaments to
carry through the spirit and philosophy of the EU ‘systematic
dialogue’ into their domestic governance arrangements, where
they do not already exist, by involving regional and local
government representatives in the scrutiny of legislative propo-
sals;

2.16
calls on the European Commission to report to the
Committee of the Regions on the application of Article I-10
(Citizenship), particularly as this governs the right to stand and
vote in municipal elections [Article III-129];

considering that the proposal to strengthen the current
2.17
consultative role of the CoR by means of a horizontal clause
stipulating that the CoR shall be consulted in areas of shared
competence, for measures to coordinate economic and employ-
ment policies, and in areas of supporting, coordinating or
complementary action was not accepted, the CoR calls on the
European Commission to consult in all initiatives in areas of
manifest local or regional dimension or competence where no
mandatory consultation is provided for in the Treaty. These
areas include inter alia legislation on the definition of the prin-
ciples and conditions,
in particular economic and financial,
which enable services of general economic interest to fulfil
their missions [Article III-122],
the liberalisation of services
[Article III-147]; Harmonisation of legislation on indirect taxa-
tion [Article III-171]); Approximation of legislation in the area
of the internal market [Articles III-172, III-173]; State aids [Arti-
III-169; Agriculture, rural development
cles III-167,
and fisheries policies [Article III-231]; Research and technolo-
gical development
III-252 and III-253],
tourism [Article III-281] and civil protection [Article III-284];

[Articles

III-168,

III-251,

2.12
requests that in cases where the Committee must be
consulted under the Constitutional Treaty, the institution that
has consulted the Committee should give its reasons in the

calls on the European Commission to consult

the
2.18
Committee of the Regions on any future changes to its compo-
sition when preparing a proposal for a Council decision [Article
I-32 and Article III-386].

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(c) Review of the Treaty and its provisions

2.19
believes that it is necessary for the further develop-
ment of the EU to maintain a process of review to decide
which tasks can be performed jointly by a considerably
enlarged Union;

2.20
confirms its will to participate actively and fully in
future revisions of the Constitution and proposes that Member
States include representatives of regions and local authorities in
[CdR
to intergovernmental
their delegations

conferences

198/2003; 3.7.] dealing with treaty-revisions having impact on
the sub-Member State levels and to future as well as in delega-
tions for any future Convention;

(d) Concluding remark

instructs its President to forward this Opinion to the
2.21
Council of the European Union, the European Parliament, and
the European Commission.

Brussels, 17 November 2004.

The President

of the Committee of the Regions

Peter STRAUB

Opinion of the Committee of the Regions on the Communication from the Commission to the
Council and the European Parliament on the presentation of a proposal for a directive and two
proposals for recommendations on the admission of third-country nationals to carry out scientific
research in the European Community

THE COMMITTEE OF THE REGIONS

(2005/C 71/02)

HAVING REGARD TO the Communication from the Commission to the Council and the European Parlia-
ment on the presentation of a proposal for a directive and two proposals for recommendations on the
admission of
third-country nationals to carry out scientific research in the European Community
(COM(2004) 178 final - 2004/0061 (CNS) - 2004/0062 (CNS) - 2004/0063 (CNS));

HAVING REGARD TO the decision of the Commission of 29 June 2004 to consult the Committee on this
matter, under the first paragraph of Article 265 of the Treaty establishing the European Community;

HAVING REGARD TO the decision of its Bureau of 15 June 2004 to instruct the Commission for External
Relations to draw up an opinion on this subject;

HAVING REGARD TO its opinion on immigration policy (Communication from the Commission on a
common policy on illegal immigration (COM(2001) 672 final)) and asylum policy (Proposal for a Council
Directive on minimum standards for the qualifications and status of third-country nationals and stateless
persons as refugees or as persons who otherwise need international protection (COM(2001) 510 final -
2001/0207 (CNS)) adopted on 16 May 2002 (CdR 93/2002 fin) (1);

HAVING REGARD TO its opinion on the Green Paper on a Community return policy on illegal immi-
grants (COM(2002) 175 final) adopted on 20 November 2002 (CdR 242/2002 fin) (2);

(1) OJ C 278 of 14.11.2002, p. 44
(2) OJ C 73 of 26.3.2003, p. 13