Opinion of the Committee of the Regions on relaunching the process of reforming the European Union in anticipation of the European council of 21 and 22 June 2007
Date: 2007-06-06
Institutions: European Committee of the Regions
Subjects: European Union, communications policy, constitutional revision, decentralisation

C 197/30

EN

Official Journal of the European Union

24.8.2007

Opinion of the Committee of the Regions on relaunching the process of reforming the European
Union in anticipation of the European council of 21 and 22 June 2007

(2007/C 197/06)

THE COMMITTEE OF THE REGIONS

— supports the EU Presidency in its commitment to the process of reforming the European Union and
the need to preserve the substance of the Constitutional Treaty signed by all heads of state or govern-
ment on 29 October 2004 in Rome;

— calls on heads of state or government, at the European Council of 21 and 22 June 2007, to commit
to working towards bringing the Treaty reform process to a conclusion without going back on the
advances obtained by and for local and regional authorities, inter alia with respect to the principles of
subsidiarity and good governance, and to the territorial cohesion of the European Union, and calls for
these provisions to be retained in their entirety in any future Treaty;

— asks to be consulted on the road map to be proposed by the European Council for continuing the
process of reforming the European Union, and would like to be involved in the negotiation phase;

— believes that the absence of a Constitutional Treaty would be detrimental to the recognition of the
virtues of the model of European integration, which seeks to respect and foster diversity within the
EU, and notes that with no Constitutional Treaty, the European Union would not benefit either from
the recognition of regional and local autonomy as a pillar of the democratic system of the European
Union, or from a relevant capacity to act to guarantee territorial cohesion and strengthen Community
solidarity;

— reiterates that it is convinced of the urgent need to promote, via a decentralised communication
policy, debate based on shared values, the achievements of European integration and Community poli-
cies, and the challenges for the future of the European Union, and to adopt a two-way approach, as
communication with local and regional authorities is currently too unilateral and top-down;

— believes that the European Union's communication policy will become more coherent and effective if
the European institutions find a legal framework or basis conducive to the implementation of a pro-
perly targeted programme based on this policy and backed up by sufficient financial resources.

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I. Policy recommendations

could pro-actively bring to the attention of citizens, now and in
the future;

Commission staff working paper: The cost of the non-Constitu-
tion, 21 November 2006

Plan D — Wider and deeper debate on Europe, Information note
from Ms Wallström to the Commission, 29 November 2006

SEC(2006) 1553

THE COMMITTEE OF THE REGIONS

1.
supports the EU Presidency in its commitment to the
process of reforming the European Union and the need to
preserve the substance of the Constitutional Treaty signed by all
heads of state or government on 29 October 2004 in Rome;

welcomes the Berlin Declaration of 25 March 2007,
2.
which recognises, fifty years after the signature of the Treaties of
Rome, the goal of achieving a renewed common foundation for
the European Union before the elections to the European Parlia-
ment in 2009, and is pleased that it enshrines the recognition
of the territorial dimension of the EU and the principles and
values it holds dear;

restates its determination, expressed in its Declaration for
3.
Europe adopted on 23 March 2007 on the occasion of the cele-
bration of the 50th anniversary of the Treaties of Rome, to
work for an ever closer union of
the peoples of Europe,
strengthened by its freedoms, its values and its principles of soli-
darity and responsibility, and developing common policies and
joint actions whilst respecting local and regional diversity, iden-
tity and autonomy, in keeping with the principles of subsidiarity
and good governance;

calls on heads of state or government, at the European
4.
Council of 21 and 22 June 2007,
to working
towards bringing the Treaty reform process to a conclusion
without going back on the advances obtained by and for local
and regional authorities, inter alia with respect to the principles
of subsidiarity and good governance, and to the territorial cohe-
sion of the European Union;

to commit

5.
would therefore support the earliest possible calling of a
new Intergovernmental Conference with a precise mandate and
timetable so as to provide the European Union with a new
Treaty that preserves the substance and the balance of
the
Constitutional Treaty signed in 2004 and enjoys the broadest
possible support in the EU;

recognises that for many citizens the purpose of the EU in
6.
the 21st century is no longer clear and, in the spirit of Plan D,
believes that the EU must recognise that citizens cannot be
expected to read lengthy technical treaties and that the EU must
be able to explain its ‘raison d'être’
in a clear and concise
manner to today's citizens and to future generations; therefore,
calls on EU leaders to give the Union an official one-page
Mission Statement, valid for
the long-term, which would
complement any future treaty and which the EU institutions

7.
asks to be consulted on and fully involved in the next
stages of the process of reforming the European Union, based
on the road map to be proposed by the European Council;
would like to be involved in the negotiation phase for a future
IGC, as its involvement would be conducive to a more inclusive
result, which would benefit the public;

The CoR's contribution to analysing the political cost of the non-Con-
stitution

8.
supports the Commission's approach as regards to the
symbolic impact of a Constitution in terms of strengthening the
sense of ownership of European citizenship by the EU's citizens,
based on shared values and ambitions;

9.
believes that, with no Constitutional Treaty, the European
Union would deprive itself of significant advances in representa-
tive and participatory democracy within the European Union,
and would have neither a relevant legal framework nor decision-
making mechanisms conducive to strengthening the Union's
ability to act, in particular by the extension of qualified majority
voting, and its capacity to take in new candidate countries;

10.
stresses that with no Constitutional Treaty, the EU would
deprive itself of a legal personality and of a common foundation
for its fundamental rights in the form of a binding charter,
which would provide a real legal and democratic guarantee for
the citizens of the European Union;

11.
notes that with no Constitutional Treaty, the European
Union would not benefit from the recognition of regional and
local autonomy as a pillar of the democratic system of the Euro-
pean Union;

believes that

12.
the absence of a Constitutional Treaty
would be detrimental to the recognition of the virtues of the
model of European integration, which seeks to respect and
foster diversity within the EU;

recalls that with no Constitutional Treaty,

13.
the Union
would deprive itself of a clearer definition of competences and
of a political and judicial system that strengthens the implemen-
tation of and compliance with the subsidiarity and proportion-
ality principles, inter alia as regards the explicit recognition of
the local and regional dimension, thus renouncing greater recog-
nition by the Union of
regional and
local authorities, greater involvement of the latter in the deci-
sion-making process, thanks to their systematic involvement in
the pre-legislative consultation phase; and the legal guarantee of
inter alia thanks to the granting to the
this participation,
Committee of the Regions of a right of appeal to the Court of
Justice, which would strengthen transparency and democracy in
the Union;

the competences of

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14.
notes that, with the Constitutional Treaty, the European
Union would have a relevant capacity to act to guarantee terri-
torial cohesion and strengthen Community solidarity;

of subsidiarity (Article 8 of the protocol on the application
of the principles of subsidiarity and proportionality);

15.
stresses that, with no Constitutional treaty, Europe would
deprive itself of a common asylum policy and concrete tools to
fight illegal immigration, which are of particular relevance to
local and regional authorities who have to provide for the recep-
tion of immigrants in their regions and cities;

16.
recalls that, with no Constitutional Treaty, the Union
would not be able to develop a broad energy policy; this would,
inter alia, penalise the commitment of local and regional autho-
rities to renewable energy and energy efficiency as part of
efforts to reduce climate change;

Taking account of the regional and local dimension in the institutional
settlement

asks that,

17.
retained in any future Treaty:

in any case,

the following provisions be

— the importance attached to the EU's aims, to values and
fundamental rights, and in particular to respect for local and
regional self-government and recognition of cultural and
linguistic diversity,
(Articles I-3, I-5 and Preamble of the
Charter of Fundamental Rights);

— the new definition of

the principle of

subsidiarity

(Article I-11(3));

— consideration of the effects of Community legislation on
local and regional authorities (protocol on the application of
the principles of subsidiarity and proportionality);

— recognition of

the principle of consultation, and conse-
quently, closer cooperation between local and regional
implementing and evaluating
authorities in drawing up,
Community policies (protocol on the application of
the
principles of subsidiarity and proportionality);

— the possibility for

regional parliaments with legislative
powers to be involved in the early warning process of ex-
ante monitoring of the application of the principles of subsi-
diarity and proportionality (Article 6 of the protocol on the
application of
the principles of subsidiarity and propor-
tionality);

— bringing the term of office of members of the Committee of
the Regions in line with those of members of the Parliament
and of the Commission (Article III-386(2));

— a new system governing the number and the appointment
of its members and alternates, replacing the current system
and moving towards a system based on political or terri-
torial criteria (Article III-386);

— the acknowledgement of

the importance of grassroots

democracy in the Union, (Article I-46);

— the new provisions on participatory democracy, which call
upon the institutions of the Union to give representative
associations,
including local and regional associations, the
opportunity to make known and publicly exchange their
views on all areas of Union action and hold a regular, open
and transparent dialogue with them (Article I-47).

— the inclusion of territorial cohesion among the objectives of
the Union (Article I-3) and the commitments made by
Member States with respect to the promotion of economic,
social and territorial cohesion (protocol on social, economic
and territorial cohesion);

— recognition of the special status of the outermost regions

(Article III-424);

— the inclusion of the regional and local dimension in matters

relating to civil protection (Article III-284).

18.
therefore requests that the protocol on the application of
the principles of subsidiarity and proportionality be included in
any new treaty or maintained as Protocol 2 immediately after
Protocol 1 on the role of national parliaments;

19.
recognises the need to take into account the following
areas: climate change, energy, the European Social Model in the
context of demographic change and globalisation (1), migration
policy, inter alia as regards the fight against illegal immigration,
economic policy in the Euro area, and stresses that EU action in
these areas can only be effective if it draws on and is supported
by local and regional authorities; therefore asks that any new
Treaty provide for it to be consulted in these new areas of EU
action;

— the CoR's right to bring an action to defend its own preroga-
tives (Article III-365) and for infringement of the principle

(1) Draft report on the roadmap for the Union's Constitutional Process
(2007/000(INI)), Committee on Constitutional Affairs of the European
Parliament, Rapporteurs: Enrique Barón Crespo, Elmar Brok, pt 8.

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points out that,

20.
in addition to the EU communication
problems which have been identified time and again, the public
wants the EU and the Member States to provide policies which
are more geared towards its interests. The public's question
‘What do I get out of the EU?’ is legitimate, and European poli-
tics must provide convincing answers to these questions.

therefore

reiterates

the need to adopt

27.
two-way
approach, as advocated by the European Commission in its
White Paper on European information policy; communication
with local and regional authorities is currently too unilateral and
top-down;

a

21.
asks, if the mandate of the IGC provides for the re-exam-
ination of the legal bases contained in Part III of the Constitu-
tional Treaty, that provision be made for it to be consulted on
measures relating to civil protection (Article III-284), tourism
(Article III-281) and administrative cooperation (Article III-285);

commits, in the current context of prolongation of the
28.
Commission's action,
to continuing the territorial approach
already developed with Plan D for Decentralisation and, with
the aim of consolidating a decentralised communication policy,
calls for:

Continuation of the CoR's commitment to Plan D for Decentralisation

22.
notes that a consensus has emerged since the beginning
of the reflection period on the need to discuss Europe at the
level closest to the people, and to target information and give it
a local and regional slant;

it

reiterates that

is convinced of

the urgent need to
23.
promote, via a decentralised communication policy, debate
based on shared values, the achievements of European integra-
tion and Community policies, and the challenges for the future
of the European Union;

24.
stresses that by adding a fourth ‘D’ — Decentralisation
— to Plan D (Democracy, Dialogue and Debate) proposed by
the European Commission, it wanted to draw attention to the
relevance of the political and public debate on proximity and to
the need to promote a decentralised communication policy
across Europe;

25.
recalls that it is developing a programme of major events
in Brussels (Open Days/European week of cities and regions,
forums, thematic weeks), thus giving the European institutions
involved in their organisation a real platform for communi-
cating with representatives of regional and local authorities,
regional and local media, and the editors of the publications of
European and national associations of local and regional autho-
rities;

also welcomes all the initiatives taken by its political
26.
groups and local and regional authorities in the area of commu-
nicating Europe, listed in its first two progress reports on the
implementation of
thus
promoting the creation of a public space for dialogue and
debate via the local and regional press;

Plan D for Decentralisation (2),

(2) Communicating Europe in Cities and Regions — Implementing Plan D for
Decentralisation, First progress report (October 2005-October 2006).

— the creation of a network between the press offices of local
and regional authorities which, by giving a local slant to
news on European events, would make for easier and more
effective use of information on Europe by local and regional
media;

— the organisation in the various Member States, in coopera-
tion with national associations of local and regional authori-
ties, of seminars for regional and municipal representatives
to discuss subjects of key national interest to them;

— local and regional councils to hold special sessions, open to
Members of the European Parliament and the Committee of
the Regions coming from the same constituency, dedicated
to the achievements of European integration and the process
of EU institutional reform,
for instance on Europe Day
(9 May);

— the holding of conference-debates in connection with Plan D
on the margins of its commissions' external meetings, so as
to develop a dialogue between its members and the public
targeting particular themes;

— the publication of a standard text on Plan D for Decentrali-
sation on the websites of European municipalities, cities and
regions, outlining the priorities of the Communication on
Europe; and best use to be made of the links to those sites
on its Going local website and on that of
the European
Commission, thus promoting the spread of good practice in
the area of communication and information about the EU at
local and regional level;

29.
welcomes the step the European Commission took in
holding the Berlin Conference on 18 and 19 January 2007 with
a view to developing a partnership between the European insti-
tutions and local and regional authorities in the area of commu-
nication;

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draws particular attention to the proposals contained in

30.
the conclusions of that conference, inter alia the need to:

— guarantee an increase in the budgetary resources available to
local and regional authorities to enable them to play their
part in a renewed information and communication policy;

— include European civic education classes in school curricula;

— encourage candidates for election at local and regional level
to include European themes in their manifestos by means of
appropriate information;

— and spread good practice on information within Member

States at local and regional level;

agrees with the Commission's view about future targeting
inter alia

31.
of communication to specific population groups,
women and young people;

that

believes

32.
the European Union's communication
policy will become more coherent and effective if the European
institutions find a legal framework or basis conducive to the
implementation of a properly targeted programme based on this
policy and backed up by sufficient financial resources; local and
regional authorities and their networks should be eligible for
Community funding under these future programmes; welcomes
in this context the guidelines for the European Parliament's 2008
budget procedure calling for greater
involvement and new
action plans for communication oriented to the local and
regional media;

Europe, and welcomes the fact that cooperation with regional
and local
institutions has been relaunched with a view to
demonstrating the relevance and impact of the EU's decisions in
citizens' lives;

34.
supports the European Parliament's proposal regarding
an interinstitutional agreement setting out the common princi-
ples that might govern cooperation between the institutions in
the area of communications, and asks that it be involved in
drafting and implementing this agreement (5);

supports the European Parliament's proposal on the
35.
evaluation of the activities of the Interinstitutional Information
Group (IIG) to establish whether there is scope for improve-
ments and whether a group responsible for coordinating the
the guidelines set by the IIG should be
implementation of
created, and would be willing to participate in such an evalua-
tion (6);

also welcomes the addendum to the cooperation agree-
36.
ment with the European Commission, signed in November
2005, relating to information and communication policy, which
strengthens this dimension of interinstitutional cooperation in
favour of a genuine decentralised communication policy;

37.
supports the communication activities of regional parlia-
ments, and requests the participation of its members and of
regional parliaments and their representative associations in the
Inter-parliamentary forums on the future of Europe;

38.
welcomes the European Parliament's initiative proposing
the creation of a European journalism fund aimed at making
to regional and local circum-
European themes
stances (7);

relevant

notes that both the Commission (3) and the European
33.
Parliament (4) recognise the need for cooperation between the
EU institutions to give the public a consistent message about

39.
instructs its President to forward this opinion to the
members of the European Council, the Council, the European
Parliament, the Commission and the European Economic and
Social Committee.

Brussels, 6 June 2007.

The President

of the Committee of the Regions

Michel DELEBARRE

(3) SEC(2006) 1553, Plan D — Wider and deeper debate on Europe, Informa-
tion note from Mrs Wallström to the Commission, 29 November
2006.

(4) European Parliament resolution on the White Paper on a European

communication policy (2006/2087(INI)), 16 November 2006.

(5) 2006/2087(INI), pt. 9.
(6) 2006/2087(INI), pts. 44 and 48.
(7) 2006/2087(INI), pt. 33.

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II.A. Procedure

Title

References

Legal basis

Procedural basis

Date of Bureau decision

Commission responsible

Rapporteur

Analysis

Discussed in commission

Date adopted by commission

Commission staff working paper: The cost of
Constitution, 21 November 2006

the non-

—

Own-initiative opinion (Article 265(5))

—

12.2.2007

Commission for Constitutional Affairs, European Govern-
ance and the Area of Freedom, Security and Justice
(CONST)

Mr Paiva, Mayor of Tomar (PT/EPP)

CdR 12/2007

27.2.2007

3.5.2007

Result of the vote in commission

Adopted by a majority

Date adopted in plenary

6.6.2007

Previous Committee opinions

(1) OJ C 81, 4.4.2006, p. 32.

II.B. Procedure

Title

References

Legal basis

Procedural basis

Date of Bureau decision

Commission responsible:

Rapporteur

Analysis

Discussed in commission

Date adopted by commission

Opinion CdR 250/2005 of 13 October 2005 on The period
of reflection: the structure, subject and context for an assessment
of the debate on the European Union, rapporteurs: Mr Schaus-
berger (AT/EPP) and Lord Tope (UK/ALDE) (1).

Plan D — Wider and deeper debate on Europe

SEC(2006) 1553

Own-initiative opinion (Article 265(5))

—

12.2.2007

Commission for Constitutional Affairs, European Govern-
ance and the Area of Freedom, Security and Justice
(CONST)

Mr Paiva, Mayor of Tomar (PT/EPP)

CdR 12/2007

27.2.2007

3.5.2007

Result of the vote in commission

Adopted by a majority

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Official Journal of the European Union

24.8.2007

Date adopted in plenary

6.6.2007

Previous Committee opinions

(1) OJ C 229, 22.9.2006, p. 67.

Opinion CdR 52/2006 of 15 June 2006 on the Communi-
cation from the Commission to the Council, the European
Parliament, the European Economic and Social Committee
and the Committee of the Regions on The Commission's
contribution to the period of reflection and beyond: Plan-D for
Democracy, Dialogue and Debate (COM(2005) 494 final) and
on the White Paper on A European communication policy
(COM(2006) 35 final), rapporteur: Ms Bresso (IT/PES) (1).