Brussels, 18/11/2002 (Agence Europe) - The European regions that have legislative powers are calling for special status within the EU. Meeting on 14 and 15 November in Florence, their presidents brought specific and strong claims to the attention of the Convention. European Commissioner Michel Barnier cooled the situation down somewhat by inviting them not to brace themselves against the principle of subsidiarity. The "real battle yet to come" is probably not that battle, but rather the "level of ambition" that the Convention is to express regarding the "European project and common policies", he told them. Forty-three regions were present under the presidency of Italian Claudio Martini.
These regions consider that they are not sufficiently involved in the European decision-making process and, in their declaration approved in Florence, they specify their expectations. They consider above all that the principles of subsidiarity and proportionality must be seen as a binding obligation and not just as political principles, and call for an ex-ante mechanism to be established in order to ensure respect for subsidiarity at an "early stage of the legislative process". These regions demand special status within the European Union. They want to: be consulted by the European Commission when the Commission develops proposals in fields that come under regional competence; play a full and direct part in the control of subsidiarity; be able to initiate actions at the Court of Justice in power conflicts; and extend to regional parliaments any proposal of the Convention aimed at improving the way in which national parliaments are involved in the process of integration. The Florence Declaration also calls for the use of Article 203 TEC to be "generalised", allowing regions with legislative power to take part in the Council of Ministers.
Michel Barnier encouraged participants to become involved in European affairs while clearly setting the limit for constitutional arrangements proper to each State - that the EU will not touch. He also stressed on several occasions in "all frankness" that the question of subsidiarity and proportionality is henceforth not at the heart of the debate and that one should be more attached to the project of Europe. The "Union must remain neutral towards the internal organisation of each Member State, which makes its own choices. But being neutral does not mean ignoring it", he declared. He went on to add: "the future Treaty must mention the regional and local dimension in a more coherent and condensed way than today, as well as the respect that must be granted to the internal rules of competence of each Member State". Mr Barnier also stressed that the Convention debates have demonstrated a very clear consensus for not "padlocking the Union powers in a rigid catalogue". On the other hand, he said he shared the demand for better consultation of regional actors and greater recourse to a framework legislation that is not over-detailed at the European level.
The presidents of the regions, like the Commissioner, agreed on the fact that it is necessary to improve the functioning and the role of the Committee of the Regions. The legislative regions again declared that "in its current form, the Committee of the Regions does not live up to their expectations". They consider it necessary to optimise its functioning and to strengthen its impact on the EU's decision-making. They support the Committee's request of having itself granted the full status of EU institution and of being able to refer to the Court of Justice. Mr Barnier said one must trust the Committee as it is still a young body. He said that, if the future Treaty entrusts it with a role in the jurisdictional control of subsidiarity and proportionality, then it would become the way in for territorial authorities to Community justice. Albert Bore, President of the Committee of the Regions, was not present but had sent a message pointing out that the Committee, although supporting the claims of these regions (mainly for better participation in Council), does indeed represent all the regions. He considers as unfair the criticism of ineffectiveness on the part of the legislative regions. Nonetheless, he recognises that the Committee must improve its influence on EU policy.
The Delcaration of Florence stresses that, in 8 of the 15 Member States, there are 74 regions with legislative authority which, alone, represent 56% of the EU population. They define themselves as regions which have their own governments and parliaments and which often have responsibilities (legislative, executive and judiciary) similar to those of their respective member States. In the areas that come under their legislative attributions, they have the responsibility to implement directives. The regions also have an influence, at varying degrees, on the negotiating positions of their Member States within the Council, and many of these regions have a considerable influence on the ratification of changes brought to the Treaty. The Conference of the Presidents of the Regions with legislative authority met for the first time in Barcelona on 24 November 2000, then in Liège on 15 November 2001. According to Claudio Martini, from Tuscany, the future presidents of the conference will be the President of the Land of Salzburg, then that of Scotland.