Opinion of the Committee of the Regions on Devolution in the European Union and the place of local and regional self-government in the draft Constitutional Treaty
Date: 2005-07-07
Institutions: European Committee of the Regions
Subjects: administrative autonomy, autonomy, decentralisation, local authority, regional authority

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II

(Preparatory Acts)

COMMITTEE OF THE REGIONS

60th PLENARY SESSION, HELD ON 6 AND 7 JULY 2005

Opinion of the Committee of the Regions on Devolution in the European Union and the place of
local and regional self-government in the draft Constitutional Treaty

(2006/C 31/01)

THE COMMITTEE OF THE REGIONS,

Having regard to the decision of its Bureau of 15 June 2004, in accordance with Article 265(5) of the
Treaty establishing the European Community, to instruct its Commission for Constitutional Affairs and
European Governance to draw up this opinion, Devolution in the European Union and the place of local
and regional self-government in the draft Constitutional Treaty;

Having regard to Articles 7(2) and 263 et seq of the Treaty establishing the European Community as
amended by the Treaties of Amsterdam and Nice;

Having regard to the draft Treaty establishing a Constitution for Europe, in particular the Preamble to the
Constitution, the Preamble to Title II, Fundamental Rights and Articles I-3, I-5, I-11(3), I-46(3), II-82, III-
280(1), and Protocol No 2 on the application of the principles of subsidiarity and proportionality and
Protocol No 29 on Economic, Social and Territorial Cohesion;

Having regard to its Opinion on the Recommendation of the Congress of Local and Regional Authorities
of Europe on the European Charter of Regional Self-Government (CdR 39/2000 fin (1));

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

Having regard to the declaration of the Commission for Constitutional Affairs and European Governance
of the Committee of the Regions and the Institutional Committee of the Council of Europe's Congress of
Local and Regional Authorities of Europe adopted at Prague on 21 September 2004 (CdR 202/2004 fin);

Having regard to the White Paper on European Governance drawn up by the European Commission
(COM(2001) 428 final);

Having regard to the European Parliament Resolution of 14 January 2003 on the role of regional and
local authorities in European integration (P5_TA (2003) 0009 — 2002/2141 (INI));

Having regard to the Council of Europe's European Charter of Local Self-Government of 15 October
1985;

Having regard to the draft European Charter on Regional Self-Government of the Congress of Local and
Regional Authorities of Europe of 5 June 1997;

Having regard to Resolution 154 of 22 May 2003 of the Congress of Local and Regional Authorities of
Europe on accession to the European Charter of Local Self-Government;

Having regard to Resolution 186 of 27 May 2004 of the Congress of Local and Regional Authorities of
Europe on the draft Convention on Regional Self-Government;

(1) OJ C 144, 16.5.2001, p. 5.

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Having regard to the Declaration of the Assembly of European Regions of 4 December 1996 on Region-
alism in Europe;

Having regard to its draft opinion (CdR 222/2004 rev. 3) adopted on 22 April 2005 by its Commission
for Constitutional Affairs and European Governance (rapporteur: Mr José María Muñoa Ganuza, Commis-
sioner for External Relations for the President of the Basque Government (ES-ALDE);

1.

2.

3.

4.

5.

WHEREAS the development of the various arrangements for the vertical distribution of power
within the various Member States must meet the requirements of the process of European integra-
tion.

WHEREAS regionalisation must also provide greater democratic transparency and greater efficiency
in economic, social and cultural development.

WHEREAS there is a desire to build a Europe that is ‘united in diversity’ and to make European
public life more democratic and more transparent.

WHEREAS strengthening regional and local democracy within the enlarged European Union is one
of the main political priorities that the CoR has set itself for its third four-year mandate.

WHEREAS the CoR has expressed, in a number of opinions and resolutions, the need for the
Union to respect the principle of regional self-government, as well as the rights linked to local self-
government, enshrined in the European Charter of Local Self-Government adopted in 1985 by the
Council of Europe.

adopted the following opinion unanimously at its 60th plenary session, held on 6 and 7 July 2005
(meeting of 7 July).

1. Views of the Committee of the Regions

aspects, such as socioeconomic, political,
issues.

legal and cultural

PART I

T y p e a n d ba la n c e of p ow e r b e tw e e n Sta t e s, R e g i on s
a nd L o c a l Au th or i ti e s

The Committee of the Regions

that

notes that

1.1
the Regions have different statuses,
which vary according to their history, their culture and their
constitutional principles and characterise the territorial organi-
sation of each State;

1.2
considers that all of these authorities are first and fore-
most the guardians of democracy, shape cultural diversity in
Europe and are major partners in the continent's socioeco-
nomic development;

local

notes that at

there are local authorities,
level,
1.3
metropolitan areas, capital cities, coordinating authorities, etc.
and at regional level, there are economic regions, administrative
regions, regions with legislative powers, etc., with differing
origins and functions. This diversity has become even greater
with the incorporation of the ten new States;

considers that

1.4
the balance of power between the
central State and regional and local authorities contributes to
the enormous complexity of today's society. This complexity is
apparent both in the content of these relationships and in their
dynamics;

De ve lopme nts
powe r s,
r e g i ona l a n d loc a l a u t h or i t i e s

i n p ar ti c u la r t he fi nanc i a l

i n de voluti on and the

transfe r of
i nde p ende nce of

considers that

the two strands of

1.6
the devolution
process, regional and local, must be based on two fundamental
criteria or two broad guiding principles: dynamism and flex-
ibility;

1.7
takes the view that this dynamism and flexibility are
apparent in the constant changes that have been taking place at
constitutional, legislative and administrative levels, in almost all
EU Member States, and most particularly in those that have
recently acceded;

1.8
considers that the process of devolution that has taken
place or which is currently underway in the new Member
States can give a significant boost to strengthening local and
regional democracy in the European Union;

notes that some progress is being made in the process
1.9
of regional and local devolution, especially in the field of
competition, on achieving financial independence and on devel-
oping institutional guarantees;

1.10
acknowledges that European integration has made a
useful contribution to the process of regional and local devolu-
tion in its Member States;

considers, therefore, that such relations should be based
1.5
on the principles of
solidarity and
fairness, cooperation,
complementarity and must take account of a wide range of

1.11
notes that regions and local authorities are capable of
assuming responsibility and of effectively undertaking and
fulfilling these responsibilities;

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considers that

1.12
transferring powers to regional and
local authorities must necessarily go hand in hand with trans-
ferring the necessary financial means to enable them fully to
undertake these responsibilities. A lack of resources makes it
impossible to exercise these powers properly and for these to
be effective and implemented in a sustainable manner;

responsible

takes the view that regions and local authorities, as
1.21
the authorities
implementing Community
for
policy in their respective fields, must be more actively and
effectively involved at an early stage in drawing up and then in
implementing both Community legislation and European
Union policies;

notes the clear increase in influence and in economic
1.13
and social power of the European Union's large cities and city-
regions, and considers that relations between regional, urban
and local authorities should become closer in the new frame-
work for governance that the EU is advocating.

L e g a l sa fe g u a r d s for r e g i ona l a n d lo c a l a u t h o r i t i e s
a nd t h e stat u s of t h e i r r e pr e se ntat i v e s

1.14
notes that people of Europe increasingly identify with
their region and local authority because they feel that these
public authorities are close to them and better represent their
interests;

1.15
considers, therefore, that the independence of regional
and local authorities must be guaranteed at the highest legisla-
tive level and that changes to the status of their representatives
must not be made without their involvement;

considers that where the independence of regional
1.16
and local authorities is subject to any monitoring measures by
the national authority that might hamper representatives in the
free exercise of
such monitoring should be
their duties,
enshrined in the constitution and governed by law;

1.17
emphasises that the TCE states that CoR members
must be representatives of regional and local authorities who
either hold a regional or local authority electoral mandate or
are politically accountable to an elected assembly;

1.18
considers that political representatives of existing local
and regional structures in the Member States should be directly
elected by the citizens or be accountable to an elected
assembly.

G o v e r na nc e a nd su p p or t for E u r op e ' s c i ti z e ns

is of the view that regional and local self-government
1.19
forms an essential factor for developing democracy and good
governance in the European Union and for the participation of
Europe's citizens in public affairs;

considers that

1.20
the European Commission should
further develop regular dialogue with regional and local autho-
rities, in their capacity as the democratic authorities closest to
the citizens,
in order to improve its opportunities for inter-
acting with the public. This will make it easier to apply the
basic principles of good governance, such as openness, partici-
pation, coherence and effectiveness, as set out in the White
Paper on Governance;

1.22
notes that, despite being an essential element, the task
performed by local and regional authorities in managing struc-
tural policies is not always accompanied by the independence
necessary to developing this management and that greater
responsibility for local and regional players will result in a
greater sense of commitment and a better use of funds;

1.23
considers, furthermore, that in order to ensure the
effective management of structural policies, regional and local
authorities must be involved in drawing up and taking deci-
sions on these policies.

PART II

Di r e ct and i ndi r e c t e ffe ct s of th e E u r ope an Consti tu-
ti on 's r e c og ni ti o n of r e g i ona l a nd loc a l se l f-g ove r n-
me nt

1.24
considers that the plan set out in the TCE is a first
step towards a clearer definition of the allocation of powers
between the Union and the Member States, and that this will
allow for greater transparency, which will benefit the process
of regional and local devolution;

considers that

1.25
the TCE also expressly recognises
regional and local self-government at the highest legislative
level, thereby giving it constitutional status, which represents a
significant step forward in the shared aspiration to ensure that
the EU meets the legitimate interests and expectations of local
and regional authorities;

1.26
notes that this recognition of local and regional self-
government is generic, and does not define the specific role of
local and regional authorities in European policies, and that a
definition of this nature is thus reserved, in accordance with
the principle of institutional
for the Member
States;

independence,

1.27
considers that, in order to ensure that this definition
of regional and local self-government is effective, the Member
States should lay down the necessary legislation, at constitu-
tional, legislative and administrative levels, to enable them to
develop and define, at both national and European level, self-
government for regional and local authorities;

considers that, despite the generic nature of

this
1.28
recognition, the TCE enables regional and local authorities to
participate more actively at Community level and supports the
legal protection of local and regional self-government;

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1.29
considers that the TCE makes this more active partici-
pation possible both downstream and upstream of Community
decision-making, given that downstream,
the principles of
subsidiarity and proportionality recognise and establish local
and regional authorities' right to be involved in implementing
Community legislation and policy, and that, upstream,
it
enables representatives of the regions and of local authorities to
be directly involved in the decision-making bodies of the Euro-
pean institutions or in consultative bodies, in particular, itself
(the Committee of the Regions);

considers that both the direct participation of some
1.30
regional representatives in meetings of the Council and other
related bodies such as Coreper, and the participation of local
and regional authorities
in all preparatory phases in the
Council, all within the corresponding national delegation, will
encourage quality, relevance and effectiveness in Community
policies. Greater participation will create greater confidence in
the final outcome and in the institutions that draw up these
policies;

1.31
considers that, in view of the tasks conferred on it by
the TCE, it should act as a qualified intermediary between the
Community bodies and local and regional authorities and is
pleased to note that its powers have been extended, which will
help to strengthen regional and local self-government;

considers, furthermore, that in addition to recognising
1.32
its direct legitimate right to bring actions before the Court of
Justice as regards legislative acts for the adoption of which the
Constitution provides that
the TCE
presents an opportunity for some Regions to bring actions of
this nature via their respective States through their national
parliaments, if the latter deem this to be appropriate;

the CoR be consulted,

1.33
considers that recognising and implementing the prin-
ciples of subsidiarity and proportionality at local and regional
level, as rendered possible by the TCE, enhances guarantees for
the exercise of powers, and that this will make it possible to
bring Community decision-making closer to the people and
consequently for the people to participate more directly in the
European process;

1.34
considers that the European Charter of Local Self-
Government is a crucial tool because it identifies and sets out
the basic foundations of local self-government, provides legisla-
tive guarantees for local authority powers and the allocation of
the necessary resources, provides criteria and benchmarks that
are common but, at the same time flexible and versatile, for
extending the scope of devolution and democratic participation
and makes it possible for local authorities to maintain a
presence by association at international level;

1.35 welcomes, furthermore, the adoption of an interna-
tional convention that includes the draft European Charter of
Regional Self-Government. drawn up by the Congress of Euro-
pean Local and Regional Authorities, because this recognises
the substance of regional self-government in a way that is flex-
ible and which can be adapted to differing situations. This

should make it possible to provide an appropriate definition of
the principles that underpin regional self-government, such as
democratic legitimacy,
independence, adequate
institutional
financing and judicial safeguards and would encourage the pan-
regional presence of the regions at national, European and
international level.

2. Recommendations of the Committee of the Regions

The Committee of the Regions

2.1
recommends that the Member States boost measures to
extend regional and local self-government, making use of the
currently
processes
underway in those Member States where reforms of this nature
are being undertaken;

decentralisation

devolution

and

of

calls on the new Member States to draw on the experi-
2.2
ence of the other EU States, at the same time encouraging
them to develop their own model of devolution that takes
account of their specific national characteristics;

proposes that a dynamic strategy to promote regional
2.3
and local self-government be set
implementing
initiatives to raise the awareness of the European Commission
and the Member States about the advantages of uniting the
aims of cohesion policy and the need for democratic devolu-
tion;

in motion,

urges Member States to be dynamic in pursuing the
2.4
process of regional devolution in order to ensure that this
gradually encompasses
administrative,
historical, cultural and political aspects;

socioeconomic,

the

2.5
calls on Member States to develop and extend, on the
basis of the Charter on Regional Self-government, a project for
regionalisation that is flexible and which can be adapted to the
variety of situations that exist in each Member State;

2.6
calls on Member States to grant local authorities the
right and the real power to organise and manage a significant
share of public affairs, and to establish that local authorities
have an assembly elected by free, secret, equal, direct and
universal suffrage and have an executive body accountable to
the assembly;

2.7
calls on those Member States that have not yet done so
to recognise regional and local self-government in their respec-
tive legal systems at the highest legal
level possible and to
ensure that this concept is protected under the law by legisla-
tive, institutional and judicial mechanisms and that the regional
authorities have the financial resources necessary to perform
the duties entrusted to them;

recommends that political representatives of existing
2.8
local and regional structures in the Member States should be
directly elected by the citizens or be accountable to an elected
assembly;

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2.9
urges Member States to put in place the necessary legal
means and to adopt the appropriate measures to ensure that
the diversity of languages and cultures that exist within their
borders is preserved, respected and encouraged;

2.10
recommends that the European institutions support
territorial devolution as a key factor for promoting cultural
diversity;

2.11
calls on Member States to establish the necessary
procedures to ensure that, within their territories, the principles
of subsidiarity and proportionality are applied in relations
between the Union, the Member States and regional and local
authorities;

calls on Member States, through the intermediary of
2.12
their national parliaments and, where they exist,
regional
parliaments, to defend regional and local self-government when
the European Commission refers its legislative proposals to
them under the ‘early warning’ mechanism, with the aim of
delivering a reasoned opinion on respecting the principle of
subsidiarity;

calls on the European Commission to guarantee the
2.13
necessary means to facilitate real involvement by the represen-
tatives of regional and local authorities in drafting policies from
the earliest stage and in implementing Community legislation;

recommends that the European Commission establish
2.14
the necessary procedures to ensure the participation of the
Regions in drawing up, adopting, managing and evaluating the
structural measures that affect them;

2.15
recommends that the EU and the Member States take
the variety of existing situations, such as local
account of
authorities, coordinating bodies of local authorities, metropo-
litan areas, capitals etc when defining and implementing local
self-government;

urges the Member States that have regional authorities
2.16
with legislative powers to push forward the process of political
devolution by establishing the necessary mechanisms to allow
these regional authorities to participate effectively in Com-
munity decision-making processes;

2.17
recommends cooperation between major cities and
the political and administrative structures above them, espe-

Brussels, 7 July 2005

cially in the case of city-regions, because their spheres of
governance over economic, social and political
interests are
contiguous and complement one another;

2.18
calls on the regions to establish an ongoing dialogue
with major cities to work jointly on issues of common interest
in order to take fuller advantage of the opportunities for parti-
cipation offered by the constitutional Treaty;

2.19
asks the EU, as regards governance, to adapt the parti-
cipation of local and regional authorities in keeping with the
various roles that these bodies play;

proposes to take account in its operational organisa-
2.20
tion of the diversity of situations that exist at regional and local
level, in order to respond as efficiently as possible to the new
responsibilities conferred on it by the constitutional Treaty.

2.21
so to ratify the European Charter on Local Self-government;

calls on those Member States that have not yet done

2.22
urges the European Union to adopt the necessary deci-
sions to ensure that the European Charter on Local Self-govern-
ment is included in the Community acquis;

2.23
urges the Council of Europe and the Member States to
adopt and ratify the draft Charter of Regional Self-Government
as an international convention. This will give the convention its
own legal value and protection under international law;

2.24
recommends that the CoR set up a continuous system
for monitoring the application of the European Charter on
Local Self-Government and the process of developing the draft
Charter on Regional Self-Government in order to ensure that
local and
the Member States are able fully to implement
regional self-government within their borders;

2.25
recommends that the Community institutions estab-
lish a relationship of closer cooperation with the Council of
Europe, and more specifically with the Congress of Local and
Regional Authorities of Europe, in areas linked to the local and
regional issue;

2.26
proposes to further develop its relationship of coop-
eration with the Congress of Local and Regional Authorities of
Europe and other supranational organisations involved with
local and regional self-government.

The President

of the Committee of the Regions

Peter STRAUB