Jour fixe mit dem Generalsekretär des Kongress der Gemeinden und Regionen Europas beim Europarat, Strassburg
14 October 2008, Munich, Germany
Für Frieden, Toleranz und nachhaltige Entwicklung: die Zusammenarbeit auf regionaler und lokaler Ebene am Beispiel Südosteuropas und des Schwarzmeerraumes
Mr President,
Excellencies,
Ladies and Gentlemen,
It is an honour for me to address you today as Secretary General of the Congress of Local and Regional Authorities of the Council of Europe. Our Congress is a representative body of more than 200,000 territorial communities of 47 European countries which are members of the Council of Europe and as such offers a unique pan-European forum for opinion-sharing and exchanges of best practices, and a platform for cooperation and coordination of action of local and regional elected representatives on matters of common interest. But first and foremost, the Congress is the only European body charged with monitoring the development of local and regional democracy on our continent.
This is why I am particularly pleased to be here today, and I would like to thank the organisers for giving me this opportunity to share with you our vision of territorial democracy and the development of local and regional self-government as a crucial factor for consolidating and strengthening democracy itself. I would also like to stress our conviction that the future of European integration lies in transfrontier cooperation between cities and regions, in the creation and development of municipal and regional networks, of which South-East Europe and the Black Sea basin are two good examples.
South-East Europe and the Black Sea basin are two geographical regions of particular importance to the Congress; they have been in the centre of our attention and action for quite some time now, which allowed us to gain considerable experience in democracy-building at community level against the background of a difficult ethnic mix.
Back in the early ‘90s, when South-East Europe and South Caucasus were the two regions ravaged by conflict, the Congress responded quickly to the need for post-conflict reconstruction, finding its specific niche – local and regional – in the efforts of other international organisation. Of course, it was South-East Europe, largely the former Yugoslavia, which caught most of the public eye with the atrocities committed there, where peace was brokered, and where international organisations – the United Nations, the Council of Europe, the European Union and OSCE – took an immediate action to engage the region into their orbit.
The Congress launched several initiatives in South-East Europe after the Balkan wars. First, we set up local democracy agencies, LDAs, to restore trust and build confidence between war-torn communities through concrete projects on the ground, involving local authorities. This endeavour proved so successful that the network of LDAs expanded into South Caucasus, by opening its 12th agency in Kutaisi, Georgia, and established the Association of Local Democracy Agencies, ALDA.
Another Congress’ initiative was to bring together associations of local authorities in South-East European countries into a cooperation network, which is now operating under the name NALAS, Network of Associations of Local Authorities of South-East Europe. Last but not least, the Adriatic Euroregion was established to coordinate cooperation at local and regional level around the Adriatic Sea, linking communities from both member and non-member countries of the European Union.
Yet, it was the Black Sea basin, the basin where South-East Europe meets South Caucasus and the “political” East of our continent, which was left to harbour four “frozen” conflicts – Abkhazia, Nagorno-Karabakh, South Ossetia and Transnistria. One of those conflicts has just exploded into armed hostilities, reminding us that “frozen” conflicts cannot remain cold forever and need a comprehensive, negotiated and peaceful settlement. Our experience in South-East Europe only reinforced our conviction that ethnic divide and confrontation can and must be countered with interaction and dialogue between communities, transcending national borders. Transfrontier cooperation between cities and regions, which we are seeking to build and for which the Black Sea basin offers an enormous potential, can serve as a sound alternative to conflict between states, and regional autonomy, with panoply of existing flexible models, as a counterbalance to separatism.
Drawing on the Congress’ experience in South-East Europe and applying it to the Black Sea region, creating a network of communities with shared interest in addressing common problems would certainly influence their choice between cooperation and conflict. There is a fertile ground for it: on the Black Sea shores rest historical traditions of enormous length – traditions of commercial and cultural exchanges, traditions of co-existence of civilisations and religions, traditions of discovery and exploration. A crossroads of Europe and Asia and thus of major political and economic interests, the Black Sea region has been throughout its history a hub for migratory flows and economic endeavours, but also a chessboard for geopolitical games and territorial conquest, representing both great potential for cooperation to be explored, and a source of tension and conflict. Rich in energy resources, this is also a region of important transit routes for energy supplies, which is an asset fraught with potential rivalry – much as is its ethnic diversity, a source of both strength and strife. To boot, this is a region which has been confronted with ecological fragility, environmental problems, and challenges of illegal migration and organised crime.
As I have just mentioned, the Council of Europe Congress has already gained experience on the ground in the Black Sea basin and South Caucasus in particular. We have set up a Local Democracy Agency in Kutaisi, Georgia, and have helped to create the National Association of Local Authorities of Georgia, NALAG, as well as three national associations of local authorities in Azerbaijan. We have also helped to negotiate the status for Gagauzia, in the Republic of Moldova, which is one example of a peaceful and negotiated settlement of a territorial dispute on the basis of regional autonomy. But most importantly so far, the Congress has just launched, on 26 September 2008, after two years of efforts, the Black Sea Euroregion, BSER, which will serve as a cooperation framework and a launching pad for multilateral projects and initiatives between regions and municipalities, using also existing national, European and international financial mechanisms. The new Euroregion will complement the intergovernmental activities carried out by the Organisation for the Black Sea Economic Cooperation, BSEC. Fourteen municipalities have already signed the Constituent Act of BSER, which is open to local and regional authorities from Albania, Armenia, Azerbaijan, Bulgaria, Georgia, Greece, Moldova, Romania, Russia, Serbia, Turkey and Ukraine.
Ladies and Gentlemen,
Transfrontier co-operation, which we are seeking to expand in particular in South-East Europe and the Black Sea basin, is growing in importance in today’s Europe. It is a way of bringing together the citizens of Europe across borders, not only national borders but also across European borders, be they internal borders of the European Union or the new external borders which, for the Council of Europe with its 47 member states, are internal borders. The Parliamentary Assembly of the Council of Europe, which is the other elected body of our Organisation, also recognised the importance of transfrontier cooperation, stressing that – I quote - “Transfrontier co-operation is a key aspect of the Council of Europe’s work to promote democratic stability and mutual understanding between States and populations, including people from minorities, by strengthening partnership and dialogue between politicians and civil society. This co-operation remains essential to Europe’s stability and continues to play a central role in promoting the values on which the Council of Europe is founded”.[1]- end of quote
I have just briefly described the most recent activities of the Congress involving transfrontier cooperation in South-East Europe and the Black Sea region, the two specific themes of today’s conference. However, to understand the roots of our action for territorial democracy and transfrontier cooperation, the role and place of local and regional self-government in the European political landscape, one has to look at the historic, political and legal framework of the process of its development.
This is why during my address today, I shall provide you with a brief history of the Congress and of its activities to promote transfrontier co-operation, including the setting up of different co-operation structures and the drafting of different texts. And finally, I shall give an overview of the activities within the Congress and the Council of Europe to promote peace, tolerance and sustainable development in the 47 member states.
The spectacular advance of territorial democracy has been a landmark of the contemporary European democratic society. The Congress has been championing this cause for more than 50 years, since the establishment of its predecessor, the Conference of Local Authorities of Europe, in January 1957. Originally created at the behest of the Parliamentary Assembly of the Council of Europe to bring together elected representatives of local authorities, the Conference of Local Authorities of Europe became a permanent institution of the Council of Europe by decision of the Committee of Ministers, the Council’s decision-making body, in March 1962. In 1975, the Conference also became the official representative of regions within the framework of the Council of Europe, when, to reflect the growing importance of regions in Europe, regional dimension was added to both its Charter and the title, making it Conference of Local and Regional Authorities.
On 14 January 1994, the Council of Europe Committee of Ministers decided to replace the Standing Conference of Local and Regional Authorities of Europe with the Congress of Local and Regional Authorities of Europe (CLRAE) and to create new structures in the shape of two Chambers: the Chamber of Regions and the Chamber of Local Authorities.
Finally, on 14 October 2003, the CLRAE changed its name and became the Congress of Local and Regional Authorities of the Council of Europe which it remains today.
Transfrontier co-operation instruments
The Congress’ scope of activities was evolving along with the increasing co-operation between local and regional authorities across national borders, which became one of priority areas for the Council of Europe. The importance of strengthening this cooperation was emphasised in the Action Plan adopted by the Council of Europe Heads of State and Government at their 3rd summit, held in Warsaw in 2005. However, work on promoting cross-border co-operation began long before that. As early as 1972, the Conference of Local Authorities of Europe as it was then known, organised, jointly with the Council of Europe Parliamentary Assembly, a first conference of border regions in Strasbourg. Since then, seven further conferences have been organised: in 1975 in Austria, in 1984 in Germany, in 1987 in Spain, in 1991 in Finland, in 1994 in Slovenia, in 1999 in Romania, and the last one in 2005 in Ukraine, on the occasion of the 25th anniversary of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities – the so-called Madrid Convention.
The first seeds of the Madrid Convention were sown in September 1966, when the Council of Europe’s Parliamentary (then known as Consultative) Assembly adopted Recommendation 470 on European co-operation between local authorities, in which it proposed that the Committee of Ministers prepare a legal treaty dealing with modalities of cross-border cooperation.
In February 1974, after examining a study of the problems concerning co-operation between local authorities in frontier regions, the Committee of Ministers adopted Resolution (74) 8 on co-operation between local communities in frontier areas in which it recommended that Council of Europe member states:
- promote European co-operation between local authorities in a number of specifically local fields recognised as such in national law;
- introduce into national legislation such changes as were necessary to remove any obstacles to transfrontier co-operation between local authorities;
- make administrative rules more flexible with a view to speeding up and simplifying protective procedures in regard to transfrontier co-operation between local authorities;
- supervise the establishment of regional transfrontier committees, and;
- provide local authorities with appropriate instruments for transfrontier co-operation.
It was the European Ministers responsible for Local Government who proposed the drafting of the Outline Convention at their first conference in 1975. The Convention was opened for signature during their 4th conference which was held in 1980 in Madrid, hence its name the Madrid Convention.
The purpose of the Convention was to "outline the general, legal and common bases on which bilateral co-operation could be founded, in the framework of the national sovereignty of each country." It aims to promote transfrontier co-operation as far as possible and contribute to the economic and social progress of frontier regions, since the smooth functioning of transfrontier co-operation between municipalities and regions enables them to carry out their tasks more effectively and, as a result to develop more harmoniously. The Convention comprises a series of model and outline agreements, statutes and contracts designed to meet the various transfrontier co-operation needs particularly suited to the requirements of territorial communities.
The Outline Convention was supplemented in 1995 by a protocol which aimed to strengthen the Convention by recognising, under certain conditions, the right of territorial communities to conclude transfrontier co-operation agreements, the validity in domestic law of the acts and decisions made in the framework of a transfrontier co-operation agreement, and the legal personality of any co-operation body set up under such an agreement.
In 1998, a second protocol was drawn up to complement the existing Convention and protocol which recognised the right of authorities to set up twinning agreements and set out a legal framework for them to do so.
Work is currently underway on a 3rd protocol to the Madrid Convention to provide a legal instrument that would enable a uniform set of regulations with variable geometry to be provided for so called Euroregional co-operation groupings. The aim is to create a set of rules of substantive law capable of governing Euroregions and other transfrontier bodies in all Council of Europe member states in the same way. This project has met with some problems due to incompatibility with national legislation in some member states and also as a result of the adoption of the European Parliament/Council Regulation (EC) No. 1082/2006 of 5 July 2006 which governs the setting up of European Groupings of Territorial Co-operation, with which the protocol needs to remain compatible. However, it is hoped that the text will be finalised by the end of the year and that the protocol will be ready for signature by the end of 2009.
Council of Europe declarations
Regularly over the years, the Council of Europe has reiterated its commitment to developing transfrontier co-operation through different actions. On the occasion of its 40th anniversary, the Council adopted a declaration on transfrontier co-operation in Europe, in which it sought the gradual removal of barriers of every kind - administrative, legal, political and psychological - which might curb the development of transfrontier projects. At the same time, the Council of Europe declared that the development of transfrontier co-operation, which gives practical expression to a true solidarity between people and communities, was a major contribution to the process of European unification, essential to a healthy, fair and balanced growth in the Europe of tomorrow, and important in guaranteeing generations to come a future of peace and freedom.
In 2002, the Ministers of Foreign Affairs of the member states of the Council of Europe adopted a declaration in which they stressed the importance of regional co-operation as a factor for consolidating democratic stability in various parts of the European continent, and the fact that regional co-operation helped to implement the Council of Europe’s founding principles of pluralist democracy, human rights and the rule of law at grassroots level, by:
- promoting the Council of Europe’s values and standards on a day-to-day basis;
- strengthening the protection of national minorities while respecting the territorial integrity of states;
- transforming borders into lines of contact thus facilitating exchanges between people;
- promoting mutual understanding and cultural co-operation;
- encouraging good neighbourly relations and mutual trust;
- fostering social and economic development.
A year later, the Ministers of Foreign Affairs repeated their commitment to transfrontier co-operation, underlining that borders should not hinder contact, exchange and dialogue between nations and civilisations. And in 2005, the Committee of Ministers recommended that member states reduce the obstacles encountered by their territorial communities or authorities in their transfrontier co-operation activities in order to improve transfrontier and inter-territorial co-operation.
Congress initiatives
So we can see how the Council of Europe and the Congress have endeavoured to promote cross border co-operation and have created tools to facilitate the setting up of such projects. But the Congress has not stopped there. Over the past few years, it has been instrumental in the setting up of new transfrontier co-operation initiatives.
Such projects can only be successful if all parties concerned are working towards the same goal, are open to working with different administrative cultures, and if they all agree on the added value the co-operation can bring. If external institutions try to impose co-operation which does not meet needs or which does not suit the existing administrative structures, problems cannot be addressed and co-operation will fail.
This is the foundation for the Congress’ initiative to set up Euroregions around semi-enclosed seas. The authorities at the different levels on the shores of these seas, be they local or regional, that is to say at the level closest to the citizens, as well as other actors including civil society, the private sector and the citizens themselves, share the same concerns and are looking for solutions for their shared problems. These actors are seeking to achieve a sustainable management and development of the sea basins in which they live and work.
With a shared aim, these actors can together set up co-operation projects which will ensure this development, and reinforce regional and local democracy and territorial cohesion. The missing element, however, is often the framework or a joint structure within which to work. The aim of the Congress’ Euroregions is to provide a permanent framework which can foster the setting up and co-ordination of co-operation projects in policy areas of importance to these areas, projects which address the challenges posed to semi-enclosed seas.
This brings me back to the two Europregions created by the Congress, which I have mentioned at the outset. The Adriatic Euroregion was the first to be set up on 30 June 2006 in Pula where it has its headquarters. It brings together national, regional and local authorities of both EU and non-EU member states around the Adriatic, with an aim to "protect natural resources, reinforce social cohesion by joint projects in the fields of agriculture, fisheries, tourism and transport, and to provide a platform for cultural co-operation and exchange".
The Congress’ second Euroregion, the Black Sea Euroregion, was founded last month, on 26 September in Varna, Bulgaria, where 14 territorial authorities from 4 countries signed the Constituent Act and Statutes. The initiative was first launched at an international conference held in Constanta, Romania in March 2006. The conference participants, local and regional authorities of the Black Sea basin, expressed their wish to develop transfrontier and inter-regional co-operation projects aimed at improving prosperity, stability and security, and thus providing favourable conditions for the strengthening of democratic practise and good governance, and for a sustainable development of the region. This conference was followed by others in Samsun, Turkey, in November 2006 and in Odessa, Ukraine, in June 2007. For the Black Sea Euroregion, the principles behind its creation are the same as for the Adriatic Euroregion, that of a joint approach to shared problems.
The partners in the Black Sea Euroregion intend to make a concerted and integrated approach to the Basin’s problems which include, amongst others: the protection of the environment and investment in renewable energy production; management of maritime transport risks; the promotion of sustainable tourism; the development of intercultural and social cohesion co-operation; management of migration flows; the establishment of good governance practices to consolidate democratic stability; and an effective exchange of information in order to find financial resources for co-operation projects.
The Congress’ initiative originally planned to set up a 3rd Euroregion around the Baltic Sea. However, an international conference held in Tromso, Norway in July of last year was informed about several good examples of existing transfrontier and inter-regional projects in the High North. So, for the moment, before embarking on the creation of an additional co-operation platform, the Congress is reflecting on which type of structure or partnership could provide added value to existing co-operation.
The Congress has taken its commitment to transfrontier co-operation a step further by creating a Working Group on Inter-regional Co-operation which held its inaugural meeting in November of last year. Until this Group was set up, there was no one body within the Congress responsible for transfrontier co-operation issues. This meant there was no means of benefiting from the knowledge and experience of Congress members dealing with transfrontier co-operation on a daily basis. In 2006, however, a decision was taken to create a working group which would look specifically at matters related to transfrontier and inter-regional co-operation. This decision was followed up in 2007 with a decision to appoint a rapporteur on transfrontier co-operation who could work specifically on the issue. The Congress Bureau decided to nominate Karl-Heinz Lambertz, Minister-President of the German-speaking Community of Belgium as rapporteur and the Working Group elected him to its chair last year. Mr Lambertz has a vast experience of transfrontier co-operation through the SaarLorLux Euregio and the Maas-Rhine Euroregio to which the German-speaking Community belongs. The Congress now has a Group composed of elected local and regional representatives with extensive, practical experience of the issue at hand.
The Working Group is responsible for monitoring the Congress’ inter-regional and transfrontier co-operation activities which implies: supporting the implementation of instruments which provide the legal framework for inter-territorial co-operation; providing support to the Adriatic and Black Sea Euroregions; reflecting on the possibility of creating Euroregions around other semi-enclosed seas; and maintaining and developing co-operation with the different Congress bodies, for example its statutory committees, on activities related to inter-regional and transfrontier co-operation.
In 2009, Mr Lambertz will present a report to the Congress on “the state of transfrontier co-operation in Europe”. The report will assess the state of transfrontier co-operation today and go on to examine the conditions necessary for removing obstacles which hinder or prevent its success. No doubt the conclusions will provide food for thought for future priorities of the Working Group and the Congress.
In 1993, the Vienna Summit of Council of Europe Heads of State or Government declared that – I quote – “The creation of a tolerant and prosperous Europe does not depend only on co-operation between States. It also requires transfrontier co-operation between local and regional authorities, without prejudice to the constitution and the territorial integrity of each State.”- end of quote. The Heads of State urged the Council of Europe to pursue its work in the field of transfrontier co-operation. Thanks to its initiatives in this field, the Congress continues to work towards its aims and those of the Council of Europe to consolidate democratic stability in Europe and achieve a greater unity amongst the 800 million Europeans it represents through the promotion of transfrontier and inter-regional co-operation.
Ladies and Gentlemen,
Apart from the need to strengthen cross-border cooperation between European cities and regions, which we call transfrontier cooperation – and for which the legal reference is the Madrid Convention and its protocols – there is a clear need in Europe today to have a legal reference for regional self-government, in recognition of the established and ever-growing importance of the regional dimension. The Congress’ work in this field resulted in the adoption, at its plenary session in May this year, of the European Charter of Regional Democracy. This new Charter has been conceived as a treaty similar to the European Charter of Local Self-Government, the Magna Charta of local communities adopted in 1985, which laid down the principles of local self-government as a right of local communities to manage their own affairs through local elected bodies. Since its entry into force twenty years ago, on 1 September 1988, the Local Self-Government Charter has become truly the cornerstone treaty for local democracy in Europe and beyond, inspiring the United Nations to draw up decentralisation guidelines worldwide.
Our aspirations are that the Charter of Regional Democracy will become a similar treaty for regional structures and regional authorities. Apart from being the first legal text laying down the tenets of regional democracy, the Charter reaffirms respect for national sovereignty and territorial integrity as one of its main principles, and offers a large variety of existing flexible models for regional autonomy. We in the Congress are convinced that it can serve as an inspiration for resolving questions relating to territories. But first and foremost, the Charter will serve to enhance regional identity and development, capitalising on European regional diversity as a major asset and a source of strength.
This is the general framework for the Congress’ activities aimed at promoting transfrontier and interregional cooperation, across our continent and in particular in South-East Europe and the Black Sea basin, two geographical zones of our priorities – to advance this cooperation for the future of European integration and for the benefit of 800 million Europeans.
Thank you.