Background paper

Proposed European Charter of Regional Democracy

Background

In 1997 the Congress adopted a “European Charter of Regional Self-Government” which was supposed to do for the regions what the Charter of Local Self-Government had done for the municipalities.  This instrument was twice rejected by the European ministers responsible for local and regional democracy, in 2002 and 2005, and so in 2006 the Chamber of Regions began preparing a new text entitled “European Charter of Regional Democracy” which might be submitted to the European ministers responsible for local and regional democracy after its finalisation and adoption by the Congress in May 2008.  Beyond these modifications, the new draft takes account of all the developments in Europe over the last few years, especially the irrevocable affirmation of the “region phenomenon” in all European policies.

Philosophy of the new Charter

The reworking of the 1997 Charter of Regional Self-Government was a necessity dictated by rapid changes in not only our societies, but also their political structures and methods of governance, and the demands made by citizens.

The new draft reaffirms respect for local self-government, while ensuring the consistency and regional cohesion of local policies. The new instrument also prohibits regional centralism, and stipulates that local self-government must be protected.

The future convention must be flexible enough to cater for the fact that the regional tier tends to experience more changes in terms of dynamics, powers and responsibilities than the local tier, which is structurally more homogeneous, in spite of its diversity.

The new instrument must emphasise regions' responsibilities and duties as much as their rights.

Innovative aspects

The new draft European Charter of Regional Democracy contains numerous innovative elements, the main of which are:

a) A new title emphasising "regional democracy", rather than using the term "self-government", which also matches the new content of the Charter.

b) A new structure, divided into three parts:


c) The innovative principles included in Part I likely to be of interest to governments and local authorities are:

d) Finally, the inclusion in Part III of the right of the higher state authorities to act in lieu of regional authorities in specific cases in which these fail to carry out their statutory duties.

Project finalisation

At this stage, it should be considered as a very first proposal which could serve as basis for discussion with regions, regional associations, the Committee of the Regions of the European Union, the competent Committee of the Council of Europe’s Parliamentary Assembly and the CDLR.  A joint reflection between all these players should take place during the next year until the Congress Plenary Session 2008, where a final and consensual draft Charter could be adopted and then submitted to the Council of Europe Committee of Ministers.