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Reference Material 1

Reference Material 1:

Conference on Regionalization in Europe: Evaluation and Perspectives, Geneva, 3 - 5 June 1993. (status: Final Declaration) by Standing Conference of Local and Regional Authorities of Europe

The participants at the Conference on Regionalization in Europe, meeting in Geneva from 3-5 June 1993 at the invitation of the Standing Conference of Local and Regional Authorities of the Council of Europe (CLRAE) reached the following conclusions:

I - Regionalisation in Europe

1. Europe is made of unitary States on the one hand and regionalized States and federal States on the other, which differ quite fundamentally from each other. In the first case, the State constitutes a single entity and the various local and regional authorities have a degree of autonomy within a single legal order. Federal and regionalised States are an assemblage of different, more or less, self-governing parts.

2. Federal States (such as Germany, Switzerland, Austria and Belgium) and regionalized States (such as Spain and Italy) differ not in nature but in degree; both grant legislative power to their components which is different to States just being decentralized. Legislative autonomy, however, is less important in regionalized States than in federal States.

3. Real federalism should be based on the autonomy of the components, their participation in the federation and equality between the federated states and federal power. The experience in Europe shows that, contrary to some criticisms, federalism contributes to the stability and the balanced development of federal States.

4. The main distinction between the federal and the regionalized State lies in the fact that regions do not participate in the running of central decision-making authorities whilst a federated State does have this power.

5. The absence of a regional tier of government, defined as such, in unitary States does not mean that there is no decentralization or absence of discussion on regionalization. This discussion within unitary States has an economic dimension (search for an "optimum dimension"), to exercise powers which have been or which could be transferred, an administrative one (modernization of State functioning) and political connotations in the widest sense of the term (affirmation of identity).

6. Regionalization and decentralization, are under consideration in unitary States. This is the case of plans in Greece, Ireland and Portugal to create intermediate tiers of decentralized government. In the United Kingdom movements towards regionalization and decentralization are less clear and within England, Scotland and Wales it is likely that one existing level of local government will disappear.
Furthermore, reorganization is being carried out within the existing framework: strengthening of transfers of powers, lesser degree of supervision, legislation to promote new forms of co-operation, reforms are being studied and their implementation is under way in some countries, such as Finland and in Sweden.

7. The existence and autonomy of local authorities guarantees the full application of democratic principles in allowing citizens to participate in public life. The c o u n t r i e s o f C e n t r a l a n d E a s t e r n E u r o p e are thus now according priority to the construction of a first level of local democracy and are enshrining local autonomy in their constitutions on the basis of the European Charter of Local Self-Government.

8. The regional tier of administration, when provided for in the constitution, is envisaged as a level of deconcentration of powers rather than a tier of decentralization. Minority problems mean that the very idea of moves towards regional self-government sparks off fears of the eventual dismemberment of the State (and the implicit challenging of borders). Nevertheless, plans for decentralization with the creation of regional authorities are being studied in Poland and in the Czech and Slovak Republics. Moreover, there exists a positive tendency towards introducing regionalization in Croatia; regionalization forms also the basis of the Russian Federation.

9. In the countries of Central and Eastern Europe, real decentralization should go hand in hand with economic and political reconstruction. The problem of minorities must in no way serve as a pretext for excessive centralization. The Council of Europe might take steps to advocate and support regional decentralisation and, where necessary, of special regional autonomy statutes to cater for special situations and especially the existence of cultural and linguistic minorities. The CLRAE's plan to organise a Conference on minorities and regional autonomy in 1994 is thus to be welcomed.

10. Real self-government can only exist if backed up by a general field of competencies and the definition of exclusive powers and sufficient financial resources. The self-governing authorities need the possibility to generate their own revenue and each tier requires the faculty to have at its disposal the funds necessary to finance the fulfilments of its duties.

II European Construction in the Light of Regionalization and Local Self-Government

11. For the higher tiers of government, including the regional authorities, the respect of local self-government creates "positive obligations" (granting sufficient resources) and "negative obligations" (non-interference). Regional authorities should not be tempted to adopt a centralist approach as regards local authorities but rather transfer and delegate powers to these authorities, thus applying the principle of subsidiarity.

12. The Council of Europe "European Charter of Local Self-Government" forms a constitutional and statutory framework of the rights of local authorities and should also apply to the process of European construction. It should provide the basis for setting up mechanisms for the legal protection of self-government, and its principles should be taken into consideration by the national judicial institutions to which local authorities can appeal.

13. Local and regional powers may be jeopardised by the process of European integration through the recentralization at European level of state powers conceded internally to the self-governing authorities of the member States. In practice, partnership with the European Community in the sphere of its regional policy presently leave little room for the local and regional authorities, the State being the principal interlocutor of the European institutions. Consequently, it would be desirable for the EC to recognise this Charter in its legislation.

III Regions and the Maastricht Treaty

14. Discussions on the ratification of the Maastricht Treaty and the EEA treaty have highlighted fears of a Europe based on an interstate and bureaucratic construction, too far-removed from the real concerns of the people.

15. The regions, initially grouped by interests with Council of Europe support, demanded and obtained the right to participate in the integration process. This makes it possible to make good a certain democratic deficit, to counterbalance the centralization and standarization inherent in European integration and to secure greater efficiency in carrying out reforms. The regions can also be one favoured partner for establishing new relations with Central and Eastern Europe.

16. Within the framework of the Community, the regions have become one of the statutory pillars of European integration as a result of the inclusion of the subsidiarity principle in the Maastricht Treaty along with the creation of a "Committee of the Regions" and the possibility for regional ministers to sit with voting rights on the Council of Ministers (under certain conditions).

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22. The new "Greater Europe" needs a strong representation of municipalities, towns and democratic institutions at the regional level which are capable when necessary of making their one voice heard, at the same time allowing each component to express its diversity. The Heads of State and Government meeting in Vienna on 8 and 9 October 1993 will have to lay down the statutory, administrative and financial conditions to enable the new CLRAE to fulfil its new objectives:

22.1 Enable the regions, towns and municipalities to participate more actively and efficiently in the intergovernmental work of the Council of Europe, in particular conventional activities and in the sphere of local and regional authorities, culture, education, social affairs and migration, environment, regional planning, transfrontier co-operation and the defence of minorities.

22.2 Promote the creation in European countries of local and regional structures vested with real autonomy in the interests of the well-being of the citizens and taking account of the cultural and economic diversity existing at the regional level. Stress should be put on inter-regional co-operation in the field of culture, training and education.

22.3 Lend support to the local and regional democracy which is gradually being restored in the countries of Central and Eastern Europe by promoting the emergence of new inter-regional solidarity in Europe.

22.4 Promote - by conventions or political initiatives - inter-regional and inter-municipal co-operation in Europe to allow local and regional self-government to represent solidarity, co-operation and integration rather than a process of political disintegration.

23. One of the first major tasks of the new General Chamber of Local and Regional Authorities and its Regional Chamber should be to draw up - in co-operation with the Parliamentary Assembly - a "European Charter of Regional Autonomy" which - without aiming at the uniformisation of regional institutions - sets out the democratic principles of regionalization and marks the boundaries between regionalism and separatism, as well as between the role of regions and local governments.

24. The General Chamber should also participate in drawing up a code for the application of the subsidiarity principle to be implemented in the States and at European level.

V The Region as a Unit of Solidarity and Co-operation

25. The region is also viewed as a unit of solidarity and as a motor behind this solidarity, the region are the architects of transfrontier or interregional co-operation agreements.

26. Co-operation between the regions of Europe should be viewed as a major element of political and social stability, creating and reinforcing mutual solidarity and tolerance and thereby contributing to the safeguarding of peace and democratic security in Europe.

27. The emergence of regional phenomena has led the regions to rediscover the advantages of direct contacts with each other (based on geographical proximity or common interests). Regions thus form a major ingredient of integration through inter-regional and transfrontier co-operation.
Such relations also avoid the creation of new borders between Community members and non-member States.

28. Clearly, therefore, transfrontier co-operation agreements need a legal framework and permanent transfrontier co-operation bodies need to be recognised in national laws as proposed in the draft additional protocol to the "European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities" and this protocol should be approved by the Committee of Ministers of the Council of Europe without delay.

29. Furthermore, the Outline Convention should be supplemented as quickly as possible with a EUROPEAN CONVENTION ON INTER-TERRITORIAL-CO-OPERATION - inter-regional and inter-municipal - bringing together authorities which do not have common borders. This draft, drawn up by the CLRAE, should be examined and adopted as soon as possible by the Committee of Ministers in order to give local and regional authorities the legal means for co-operation.

30. We are also witnessing a process whereby the most dynamic and prosperous regions are drawing closer together. This may have positive repercussions on the less prosperous regions (spin-offs of this impetus) but might also have negative effects (impoverishment of left-out regions). In this case, wariness is called for and priority should be given to co-operation where the principle of solidarity prevails over purely individual interests.

31. The Community and the Council of Europe should co-operate more closely on issues concerning inter-regional and transfrontier co-operation and together with the CLRAE should consider setting up a Centre for advice on and assistance for these forms of co-operation, mainly targeted at regions and local authorities in Central and Eastern Europe.

V The Regions and the New Europe

32. The emergence of the regions and the general decentralization trend in no way implies the evaporation of the nation State, even if its role will continue to diminish and will change in character.
Too much emphasis on ethnic identity can lead to a xenophobic nationalism or regionalism, which local and regional democratic leaders should oppose.

33. The Council of Europe should campaign in favour of greater decentralization of powers in all States, the unity of Europe and the relaxation of borders as obstacles to the free movement of ideas, people and goods, but vigorously oppose the resurgence of intolerance and xenophobia at any level whatsoever.

34. In this respect, the war in ex-Yugoslavia is a serious danger, one that Europeans were unable to recognise in time and prevent unfolding. The territorial recognition of the principle of "ethnic cleansing" carried out with arms or by any other means cannot and should not be accepted either directly or indirectly by democratic Europe. At stake is the survival of the ideals celebrated and codified by the Council of Europe and the European Community.

35. The "new Europe" will base itself as much on the States themselves as on their regional and decentralized authorities. There is no contradiction inherent in a movement towards centralization in some policy areas and towards decentralization and regionalization in others, the two phenomena complement each other and form the two sides of a process of European construction that is both democratic and respectful of diversity.

36. The regions should be "European-minded" as there will be no prosperous regions without a United Europe. Regions should direct their action towards "economic and social cohesion" in Europe, as in the absence of this, European unity would be an illusion far removed from the local and regional human realities of which it is made up.

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37. Finally, the participants would particularly like to thank:

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