“The Regions in the future of the European Union”

Prof. Dr. D. ANTONIO BAR CENDON

Professor of Constitutional Law

University of Valencia

Spain

Contents:

• The framework of the regional question in the EU

• The expansion of regionalism in Europe

• The Regions and the EU at present

• The Regions in the debate on the future of Europe: Different approaches

• Conclusion: The role of Regions in the future of Europe

The framework of the regional question in the EU

• The need to improve the democratic legitimacy and transparency of the Union and its institutions, in order to bring them closer to the citizens (Declaration 23 on the future of the Union, T. Nice)

• The need to improve the efficiency of public management: Decentralization

• The need to protect and give representation to the different cultural national and regional identities: the nationalist factor

The expansion of regionalism in Europe (1)

• “Prehistory” of regionalism:– Cons. Federal Germany, 1919

– Cons. Federal Austria, 1929

– Cons. II Republic Spain, 1931: “Estado integral”

– Cons. Italy, 1947: el “Stato regionale”– Cons. Federal Germany, 1948

The expansion of regionalism in Europe (2)

• Constitutional reforms towards federalism and regionalism:– Belgium: Federal State, reforms of 1970, 1980, 1988

and 1993– ( France: Regions established by Law of 5 July 1972; reforms by

Constitutional Law of 28 Mar.2003)

– Portugal: autonomy for Azores and Madeira, Cons. 1976

– Spain: Estado de las Autonomías, Cons. 1978– Finland: autonomy for Åland (1922), Cons. 1999– U.K.: autonomy for Scotland, Wales and N. Ireland,

1999

The expansion of regionalism in Europe (3)

• Other steps on European regionalism:– 1951: Council of European Municipalities and Regions

– 1957: Conference of Local and Regional Authorities (Council of Europe)

– 1971: Association of European Border Regions

– 1973: Conference of Peripheral Maritime Regions

– 1980: Framework Agreement for Transborder Cooperation (1982: West Alps; 1982: Jura; 1983: Pyrenees; 1991: Galicia-Norte de Portugal)

– 1986: Assembly of European Regions

– 1994: Council of European Municipalities and Regions (Council of Europe)

REGIONES EN LA U.E. ALEMANIA 16 Länder AUSTRIA 9 Länder BELGICA 3 Regiones 3 Comunidades DINAMARCA 14 Distritos ESPAÑA 17 Comunidades FINLANDIA 6 Regiones FRANCIA 26 Regiones GRECIA 13 Regiones IRLANDA 5 Provincias ITALIA 20 Regiones LUXEMBURGO 3 Distritos PAISES BAJOS 13 Provincias PORTUGAL 2 Regiones SUECIA 21 Condados REINO UNIDO 3 Territorios Total 174 Regiones

REGIONES DE LA U.E. CON POTESTAD LEGISLATIVA

ALEMANIA 16 Länder (igual)

AUSTRIA 9 Länder (igual)

BELGICA 3 Regiones (igual)

3 Comunidades (igual)

ESPAÑA 17 Comunidades (desigual en origen)

FINLANDIA 1 Región (Åland) (igual)

ITALIA 20 Regiones (desigual)

PORTUGAL 2 Regiones (Azores, Madeira) (igual)

REINO UNIDO 3 Territorios (desigual)

Total 74 Regiones (desiguales)

The EU and the Regions

• Reforms by the T. of Maastricht:– Committee of the Regions (Arts. 263-265 TEC)– Representatives “at ministerial level” at the

meetings of the Council (Art. 203 TEC)– Principles of “subsidiarity” and “proportionality”

(Art. 5 TEC)– European Regional Development Fund (Art. 160,

161, 162 TEC)– Economic and Social Cohesion Fund (Arts. 158,

159, 161 TCE)

The Regions in the TEC (1)• Preamble: “Anxious to strengthen the unity of their

economies and to ensure their harmonious development by reducing the differences existing between the various regions and the backwardness of the less-favoured regions”

• Art. 158: “In particular, the Community shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, including rural areas ”

The Regions in the TEC (2)• Principle of subsidiarity ( Art. 5 ):

“In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, …, be better achieved by the Community ”

• Principle of proportionality ( Art. 5 ):“Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty”

The Committee of the Regions• Consultative body (Arts. 263-265):

• 222 representatives of of regional and local bodies ( T.Nice: “who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly” )– appointed by the Council acting unanimously on proposals from the respective

Member States

– for four-year term, renewable

– Spain: 21 members (17 repres. CCAA + 4 repres. Municipalities)

– ( T.Nice: 344 members; Spain: 21)

• The CoR members are completely independent in the performance of their duties, in the general interest of Community

• The CoR is consulted by the Council or by the Commission where the Treaty so provides

• The Council or the Commission set the Committee, for the submission of its opinion, a time-limit which may not be less than one month

• The CoR may be consulted by the European Parliament

• It may also issue an opinion on its own initiative

DECISION-MAKING PROCESS AND INSTITUTIONAL STRUCTURE OF THE E.U.

COMMISSION COUNCIL PARLIAMENT COMMISSION

COREPER II COREPER I

ANTICI Group

MERTENS Group

EXPERT GROUPS

- Experts

- Civil Servants of Member S.

- Commission Officials

WORKING GROUPS

- Civil Servants

of Member S. - Commission

Officials

PARLIAMENTARY COMMITTEES

- EP Members

IMPLEMENTATION COMMITTEES (“Comitology”)

- Civil Servants of

Member S.

COSAC

National Parliaments

CALRE

Regional Parliaments

COUNCIL

CONCILIATION COMMITTEE

- 15 Ms. Council - 15 Dps. EP - R. Commission

PARTICIPACION DE LAS REGIONES EN LAS REUNIONES DEL CONSEJO DE LA UE (años1998-2000)

Estado / Región Total veces (a) % Reuniones (b) Portavoz Miembro Deleg. _____________________________________________________________________________ REINO UNIDO 34 13,2 - Escocia 24 9,3 1 23 - Gales 5 1,9 - 5 - N. Irlanda 5 1,9 - 5 BELGICA 31 12,0 - Walonia 11 4,3 5 6 - Flandes 10 3,9 10 - - Comunidad Francesa 4 1,6 3 1 - Comunidad Alemana 3 1,2 2 1 - Bruselas 3 1,2 3 - ALEMANIA 23 8,9 - Baviera 5 1,9 - 5 - Renania-Palatinado 5 1,9 - 5 - Hessen 4 1,6 - 4 - North Rhine-Westph. 3 1,2 - 3 - Schleswig-Holstein 3 1,2 - 3 - Baden-Würtemberg 1 0,4 - 1 - Brandenburgo 1 0,4 - 1 - Sajonia 1 0,4 - 1 (a) Entre los años 1998 -2000, el Consejo se reunió 258 veces de manera decisoria, con 19 formaciones diferentes. (b) Porcentaje sobre el número total de reuniones del Consejo en este período.

Different concepts on the role of the Regions in the future of the EU

• An ample perspective: requests of the AER

• A radical view: requests of the Intergroup “Nations without State”

• The view of the “Constitutional Regions”

• The institutional perspective:– The requests of the CoR– The requests of the EP– The proposals by the Commission

• The view of the European Convention

Requests of the AER• Recognition of the regional structure as a part of the national

identity in the general principles of the EU• Explicit incorporation of the Regions in the description of the

principle of subsidiarity• Participation of Regional Parliaments in the mechanism for the

control of the respect of the the principle of subsidiarity (Participation also in a future body representing National Parliaments –Second Chamber)

• Right of referral to the CJ to defend their own powers• Right to be consulted at an earlier stage in the decision-making

process• Extension of the jurisdiction of the Regions in matters of the

application of Community Law• Strengthening of the role of the Committee of the Regions:

• giving its opinions a binding force• giving it the right of referral to the CJ• giving the “Constitutional Regions” a special role within it

Requests of the CoR as regards its own role

• Status as a fully-fledged Institution• Right of referral to the CJ:

• to defend their own powers• to defend the principle of subsidiarity

• Strengthening its powers and competences:• Right to veto in some of the cases of compulsory consultation• To participate in the codecision process in the 10 cases of compulsory

consultation• Codecison role in programs of transborder cooperation• Need to justify deviations with respect to CoR opinions in cases of

compulsory consultation• To extend compulsory consultation to every subject under regional or

municipal power• Right to address the Commission, orally and in writing• To monitor the observance of the principle of subsidiarity

Requests of the CoR as regards the role of the Regions

• The CoR as the sole means for the participation of the Regions in the decision-making process at the EU level

• Acknowledgement of the role of the Regions in the implementation of the EU policies: subsidiarity

• Definition of a process of consultation by the Commission to the Regions at an early stage of the adoption of the EU policies affecting the Regions

• Right to initiate proceedings before the CJ to defend their powers and competences

• Refusal of the right of the Regions with legislative power to constitute a Second Chamber (within or without the CoR)

[Positive] Proposals of the E.P.(Res. Role of the Regional Authorities ..., 14.1.2003)

• Definition of a process of direct participation of the Regions in the preparation and adoption of the EU policies

• To define precisely the exercise, application and monitoring of the subsidiarity principle

• To strengthen the internal mechanisms of cooperation with and participation of the Regions in the formulation of the will of the State and on the implementation EU law

• To strengthen the cooperation between Regional Parliaments and the European Parliament through the C. on Regional Policy

• To give the CoR the right to initiate proceedings before the CJ to defend its powers and competences

[Limitative] Proposals of the E.P.(Rep. Napolitano, 4.12.2002)

• The right to initiate proceedings before the CJ will only be realised under the authority of the State concerned, according to its national legislation

• The right to self-determination of the territorial entities cannot be acknowledged

• No distinction must be established between Regions: all territorial entities shall have the same role in the EU process

• The EP is the only representative of the peoples and citizens of Europe:– There shall not be a Second Chamber for the Regions

– Regional constituencies for the election of the EP may be established

• The CoR is the only representative of the local and regional entities: it cannot be superseded by any other body that does not represent the whole of the territorial entities

Proposals of the Commission’s White Paper on ‘European Governance’ (25.7.2001)

• Goal: “Reaching out to citizens through regional and local democracy…”

• The Commission should:– establish a more systematic dialogue with European and national associations

of regional and local government at an early stage of policy shaping

– setting up tripartite target-based contracts between Member States, regions and localities, on one hand, and the Commission on the other

• The Committee of the Regions should:– prepare exploratory reports in advance of Commission proposals

• Member States should: – improve the involvement of local and regional actors in EU policy-making

– promote the use of contractual arrangements with their regions and localities

Draft EU Constitution [‘Penélope’] byProdi, Barnier and Vitorino (4.12.2002)

• It is not very different –to this respect– from the drafts produced so far by the European Convention

• Peculiarity: “Assembly of the Regions”:– consultative body (replacement for the CoR)– empowered to initiate proceedings before the CJ:

• for annulment

• for infringement of the principle of subsidiarity

The regional question in the works of the European Convention

• Reports of the Working Groups:– W.G. 1: Subsidiarity– W.G. 4: National Parliaments– W.G. 5: Complementary competences– W.G. 9: Simplification of EU law– W.G. 11: Social Europe

• Preliminary draft Constitutional Treaty:– Draft Protocol on the application of the principles of

subsidiarity and proportionality– Draft Protocol on the role of National Parliaments in the

EU

Proposals of the European Convention

• Preliminary draft Constitutional Treaty:– The regional structure as a part of the national identity of the

Member States

– The need of a permanent dialogue with the associations representing civil society (including Regions)

• Protocol on the application of the principles of subsidiarity and proportionality:– The Commission must justify its proposals with regard to the

principle of subsidiarity: including impact on regional legislation

– National Parliaments should establish internal procedures to consult with Regional Parliaments

– The CoR shall be empowered to initiate proceedings before the CJ

Conclusions (1)

• Contradictions between the regionalist discourse and the proposals made for the reform of the EU

• The EU is –and will continue to be– a union of States

• Complexity of the regional structure:– Different forms of territorial organization– High number of Regions– Different kind of Regions– Many other territorial entities

• A uniform treatment for the territorial entities has been –implicitly– adopted

Conclusions (2)• A uniform treatment for the territorial entities :

– The CoR as the only means for the participation and representation of all the territorial entities

– Strengthening of the CoR’s powers: including consultative function, referral to CJ, …

– No establishment of a Chamber of Regions

• The management of the regional question is referred to the Member States jurisdiction

• Strengthening of the direct dialogue between the Commission and the territorial entities

• Promotion of the cooperation between Regional Parliaments and the European Parliament

• The presence of Regional representation within the national delegations in the Council and in other bodies is foreseen

“The Regions in the future of the European Union”

The End