The present Intergovernmental Conference has been convened to review the Treaty framework of the European Union in readiness for enlargement.

The Council of European Municipalities and Regions, as the representative organisation for local and regional government in Europe, believes that sub-national government has a vital role to play in enabling a future Europe to advance with the confidence of its people. It also firmly supports consolidation of the various Treaties into one much clearer text which defines fundamental rights, the EU's objectives, its institutions and the competencies of the institutions.

The IGC must enshrine in the Treaty clear recognition of the role which local and regional authorities must play as the level of government closest to the citizen. The EU is founded on common values including democracy and respect for diversity. By encouraging active partnership of European Union, Member State and local and regional government, this round of Treaty reform can promote proximity of decision-making to the people those decisions affect. This in turn fosters lively and democratic participation.

In the preamble of the Maastricht Treaty, the Member State governments decided to create a European Union where 'decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity'.

As a result, this document sets out a number of small amendments to the EU Treaty which would contribute to CEMR's vision of genuine partnership across the various levels of government. They reflect the objectives contained in the Valencia Appeal, launched by CEMR, which was signed in 1996 by over 2,500 mayors and political leaders of cities, municipalities and regions.

LOCAL SELF-GOVERNMENT

Reason:

Article F sets out some of the basic guidelines and limits on EU spheres of activity. The Council of Europe's European Charter of Local Self-Government already recognises that many areas of public affairs are properly administered at local or regional level. A Treaty reference to this principle would be an important means of affirming the wish of sub-national government to be recognised as a genuine player in decision-making across Europe. Other amendments will develop a form of partnership building on the right to local government acknowledged here.

In the context of enlargement, this amendment establishes the high standard of participative democracy which applicant countries must achieve and maintain to become members of the EU.

TRANSPARENCY

Reason:
Declaration 17 of the Final Act of the Maastricht Treaty considered that a transparent decision-making process strengthens both the democratic nature of the institutions and public confidence in administration. A Treaty requirement has far greater force than a non-binding declaration. Good public access to information is thus a key component of strengthening the concept of European citizenship. A Treaty level requirement for public access to the background information to all decisions will greatly promote public confidence in decisions as well as make clear that due regard has been given to the principle of subsidiarity.

SUBSIDIARITY / PROXIMITY

Reason:
Subsidiarity is the key to ensuring the efficiency and proximity of EU activity. As the principle applies under the current Treaty, it requires that the EU acts where a policy based on cooperation between Member States genuinely gives an extra dimension that could not be achieved by national governments acting alone. This amendment would clarify that the application of the subsidiarity principle should also recognise and safeguard the large amount of public policy work which is rightly carried out at local and regional level. While CEMR's preference is for an amendment to Article 3b, a protocol on subsidiarity which gave appropriate recognition to local and regional government and which introduced the principles laid down in the Council of Europe's Charter on Local Self-Government would find support from authorities across Europe.

PARTNERSHIP

Reason:

European policies in many areas increasingly affect local and regional government. This was recognised by the creation of the Committee of the Regions in the Maastricht Treaty. But local and regional government must systematically be seen as a partner, with the Member States, in any policy initiative which affects its activities or structure. In reality many European policies require cooperation with local authorities. This amendment would help to ensure that local interests were fully taken into account, for example, when assessing the burdens of implementation and that, where expertise resides at sub-national level, this expertise is fully harnessed in implementation. Partnership with sub-national administrations would also contribute substantially to bringing European Union decisions closer to the citizens of Europe.

SUFFICIENT MEANS

Reason:
Local and regional authorities are key partners in enforcing and carrying out European policy and legislation. Compliance imposes financial burdens. This amendment lays down a requirement for the prior analysis of the Union's, Member States' and sub-national government's ability to meet the financial consequences of proposed EU legislation.

STRUCTURAL FUNDS

Reason:
At present the partnership principle applies to some, but not all cohesion instruments. Application of the partnership principle in the administration of the Structural Funds has been effective in bringing local expertise to the shape of programmes. True partnership also serves the objectives of cohesion policy by putting in place effective structures to enhance the competitiveness of regions and so the overall prosperity of the EU. This amendment would be in the best interest of all players : EU, member States, local and regional authorities and public, private and voluntary sector partners in regional development.

COMMITTEE OF THE REGIONS

Reason:
These amendments aim to strengthen the Committee of the Regions by enhancing its powers and independence and guaranteeing its democratic legitimacy.

(i) powers: at present the Treaty only provides for the Committee of the Regions' consultative role to involve it advising the Commission and the Council. No mention is made of the European Parliament. In the interests of a tighter and more efficient institutional structure, as well as a freer flow of information, a simple Treaty amendment should ensure that all Committee of the Regions Opinions are routinely sent to the Parliament. The amendment also provides for the Parliament to consult the Committee of the Regions so that the Parliament can draw on direct experience of local and regional government as the need arises;

(ii) democratic legitimacy: the Maastricht Treaty does not require that the Members of the Committee of the Regions should be elected members of a local or regional authority. In practice, all countries have nominated Members with an elected mandate and in some Member States, this principle is reinforced by national legislation. However, CEMR believes that this issue needs to be resolved at Treaty level. A simple Treaty revision would also clarify that Members should resign from the Committee if they lose their elected mandate. This is vital if the Committee is to function properly as a democratically credible component of the decision-making process. The amendment proposes a six-month period of grace for Members losing a mandate in order to allow them to complete on-going work ;

(iii) independence: Protocol 16 of the Treaty provides that the Committee of the Regions should share a common administrative structure with the Economic and Social Committee. The link was helpful in allowing CoR to develop quickly, but it now gives no operational benefit. Indeed, Members' experience is that the Committee's efficiency is impaired by this administrative link.

COMMITTEE OF THE REGIONS AND LOCAL SELF-GOVERNMENT

Draft replacement Protocol 16

THE HIGH CONTRACTING PARTIES, AWARE of the various responsibilities for implementing European policies delegated to regional and local authorities in the Member States.

RECOGNISING that local self-government forms part of the common European heritage of democratic values.

HAVE AGREED upon the following provisions which shall be attached to the Treaty on European Union:

1. Members appointed to the Committee of the Regions shall be chosen from among holders of a local or regional authority electoral mandate or of a mandate as a person politically responsible to an elected local or regional body. A member losing such a mandate shall not continue as a member of the Committee for longer than six months.

2. The community shall respect fundamental rights, as guaranteed by the Charter of Local Self-Government of the Council of Europe, and as they result from the constitutional traditions of the Member States.

NON-DISCRIMINATION

Reason:
Through their various areas of activity and competence, local and regional authorities are actively involved in promoting the policy of non-discrimination. Citizens exercising the freedom of movement guaranteed in the EU should benefit from the same protection from discrimination in all member states.

EQUAL OPPORTUNITIES

Reason:
It is irrefutable that there remains a large gap between the law and the realities in the area of equal opportunities between men and women. Community legislative work must be intensified in this domain. CEMR believes that the principle of equal opportunities should be included in the preamble of the Treaty and that it be recognised as an integral part of Community law. Introducing a specific reference to this principle under Article 3 would also reinforce CEMR's aim of modifying the Treaty in order to eliminate all discrimination based on gender.

Article 119 of the European Union Treaty has undeniably contributed to the promotion of women within the European Union and is used as a foundation which other legislative measures are based upon. CEMR believes that it should be modified to affirm the application of the principle of equal pay and social protection between men and women performing work of an equal value.

CONCLUSION

CEMR believes that these amendments would make an important contribution to improving the efficiency of the EU by providing a clearer role for sub-national government in policy development and administration. The amendments further would enhance the transparency and proximity of European decision-making. CEMR puts forward its amendments as a means of bringing European decisions closer to the citizen and ensuring that an enlarged EU is built on a firm base confidentially supported by the people of Europe.