Brussels, 07/02/2003 (Agence Europe) - The members of the Convention are unanimous in recognising the importance of the regional dimension in Europe and the need to involve local and territorial authorities in the decision-making processes by improving the consultation mechanisms, through the Committee of the Regions and their representative associations. The debate also confirmed the likely attribution on the Committee of the Regions of the right of appeal in the context of having the principle of subsidiarity respected.
While recalling that it was a question of building "a united but not uniform Europe", Commissioner Michel Barnier placed emphasis on several points that should find their place in the future European Constitution: - a clause guaranteeing the respect of the territorial organisation of each Member State; - consultation of territorial authorities through representative structures when drawing up and implementing legislation and programmes; - the creation of a policy of territorial cohesion; - the allocation of the right of appeal regarding subsidiarity to the Committee of the Regions, as well as territorial authorities, which would exercise this right through the Committee or through the Member States; - a tightening of provisions concerning outlying regions. On this last point, Barnier received the support of the French, Spanish and Portuguese members of the Convention.
Like the representative of the Bundesrat, Erwin Teufel, the Austrian, German and Belgian members of the Convention pleaded in favour of regions with legislative powers to be granted a right of appeal to the Court. Belgium's Marie Nagy proposed extending Article 203 (possibility for Member States to be represented in Council by a region) so as to enable States so wishing to grant this right of appeal to their territorial authorities without creating a specific appeal for a type of territorial authority that does not exist in every Member State. A majority of members, like the Polish parliamentarian, Edmund Wittbrodt, however, consider this right of referral granted to the Committee of the Regions to be sufficient to defend the rights of territorial authorities. Although he agrees with Mr. Teufel to provide for a right of appeal for the two chambers in a country that have a bicameral parliament, French Senator Hubert Haenel remains resolutely opposed to regions appealing directly to the Court, as do the representatives of the Spanish Government, Alfonso Dastis and British Peter Hain.
Talks again revealed problems of composition and the representative nature of the Committee of the Regions. Following the member of the Scottish National party, Neil MacCormick, many members pleaded for a modification to this composition. Mr. MacCormick noted that Malta would have five members in the Committee of the Regions, whereas Wales, Bavaria, Scotland and Catalonia only have two. He then stressed in passing that smaller countries than Scotland would have access to the Court of Justice and that Slovakia (which has no access to the sea) would be represented on the "Fisheries Council" by a Slovak, whereas no Scotsman will be present. Other members of the Convention, like Teufel, pleaded along with the former President of the Committee of the Regions, Josef Chabert for the Committee's consultation mechanism to be strengthened, possibly with an obligation to set out reasons when the Council and/or Commission stray from its opinion. Mr. Chabert's plea in favour of giving the Committee of the Regions the status of institution came across resolute opposition from many members.