Strasbourg, 14/01/2003 (Agence Europe) - By adopting by 395 in favour, 100 against and 45 abstentions, the report by Giorgio Napolitano (Democratici di Sinistra) on the role of local and regional authorities in European construction, the European Parliament calls on the Convention to amend several articles in the framework of drawing up the future Constitutional Treaty. It proposes, notably, including among Union objectives, in Article 2 of the Treaty, the promotion of territorial cohesion. Article 6 would mention that "the Union respects the national, regional and local identities of its Member States, as well as their territorial structure, regional configuration and local autonomy". A new Article would stipulate that, in the realm of its competence, the Community respects and encourages linguistic diversity in Europe, including regional or minority languages as expression of this diversity, encouraging co-operation between Member States and using other appropriate actions to attain that objective. Member States should also engage in promoting cross-border co-operation at their internal and external borders, as well as creating the necessary legal framework and apply the status of cross-border co-operation. Parliament would like Article 299 on outlying regions to be consolidated.
Most of the debate on this report focused on the question of whether regions should or not be granted the right to appeal to the Court of Justice to defend their prerogatives. The Constitutional Committee had, through a small majority and against the opinion of the rapporteur, called for such a right for regions with legislative powers. Parliament finally opted for a compromise formula that recognises the right of all regions and other territorial entities to defend their prerogatives but without interfering in the internal organisation of Member States. Thus, in the terms of a compromise amendment signed by Spain's Inigo Mendez de Vigo, Germany's Joachim Wuermeling and Ursula Schleicher and Italy's Guido Bofrato, Parliament "calls on the Convention to ensure that, given the principles of subsidiarity and if directly harmed by a community act in their prerogatives, regions and other territorial entities may defend their rights before the Court of Justice, under the authority of the Member State concerned, in compliance with its constitutional or national legislation."
This amendment was adopted by 268 votes in favour, 235 against and 19 abstentions. The Parliament also proposes that the Committee of the Regions should be entitled to refer matters to the Court of Justice in the case of presumed violation of the principle of subsidiarity or in order to defend its prerogatives. It should be noted that the Parliament also adopted (335 for, 189 against and 17 abstentions) a "whereas" indicating that the European Union is based on the dual legitimacy of States and of citizens (amendment by Mr Mendez de Vigo).
During the debate, on Monday evening, Mr Napolitano had recalled that this report allows the European Parliament to provide a contribution to the Convention before the debate that it is to hold on the role of the regions and local authorities. The debate will be held on 6 and 7 February. The rapporteur urged for the role of all regional authorities to be recognised and insisted on the need not to weigh down procedures or the Union's institutional system.
Commissioner Michel Barnier insisted on the need for a real cohesion policy recalling that economic and social disparities will be far more obvious in the new Union of 25. He took a stance in favour of: (1) a stronger role for the Committee of the Regions (right to access to the Court of Justice merits examination, he said); (2) new means for participation by the regions and authorities, mainly through increased dialogue between the Commission and the associations representing these regions; and (3) the introduction of tripartite contracts (Commission-State-Region) and more account taken of the realities on the ground. The Commissioner, however, expressed concern about the possible granting of a right to appeal for regions with legislative powers. One must not promote any one system by creating differences between types of regions, he said, before suggesting that the facility provided under Article 203 (possibility for member States to be represented by the regions in Council) should be extended to referral to Court.
Mr Mendez de Vigo (EPP, Spain) defended the proposal of compromise. British Labour member Richard Corbett felt it necessary to apply a filter (Member State or Committee of the Regions) to eventual appeal by regions. On the other hand, the elected member of the Scottish National Party, Neil MacCormick, defended the right of regions and local authorities to directly refer cases to the Court. Belgian Green MEPs Bart States and Monica Frassoni also felt that filters are not "practical". The State could be in disagreement with the region and the Committee of the Regions was created to be weak, Ms Frassoni explained.
Bavarian CSU member Ursula Schleicher was very pleased with the plenary vote, and stressed the great diversity of Member State situations. At the same time, she felt that the European Parliament must continue to play its role as an integrating force in Europe, and exclaimed: "We MEPs represent people who feel at home in their regions and communes. Now we are building an even bigger Europe (…), and we shall endeavour to give it a soul, with the agreement of Europeans". British Liberal Democrat Andrew Duff, a Member of the European Convention, welcomed this "breakthrough for decentralisation". In his view, the suggestions put forward by the European Parliament should allow regions to defend their interests without forgetting "common sense while respecting the integrity of EU law". However, Mr Duff regretted that the European Parliament had not wanted to give regions with legislative powers (which "today carry the responsibility of implementing a lot of EU law") their own right to go the European Court of Justice without the sanction of the national government of the Member State in question.