XI Conference of Presidents of Regions with Legislative Power

Zaragoza, Spain, 18-19 November 2010

Statement by Secretary General Andreas Kiefer, Congress of Local and Regional Authorities, Council of Europe

President,

Ladies and gentlemen,

I should like to thank you for having invited the Congress of Local and Regional authorities of the Council of Europe to this 11th Conference of the Presidents of Regions with Legislative Powers and I convey the greetings of the Congress’ President, Keith Whitmore, and of the President of the Chamber of Regions, Herwig van Staa.

The Congress, which contributed to convening the 1st REGLEG Conference in 2000 in Barcelona, has followed REGLEG very attentively since its birth and has always given particular attention to regions with legislative powers and I see fields of even closer cooperation ahead – particularly with regards to achieving our common goals of strengthening the role of regions and of reflecting their domestic duties and responsibilities at local and national as well as at international level via the European Union and in the Council of Europe.

The Congress, a consultative body of the Council of Europe, has the statutory task to monitor the commitments of CoE member states in the fields of local and regional democracy, then come up with concrete recommendations to improve the situation and offer concrete assistance. While the CoR is the subsidiarity watchdog, the Congress has this role for local and regional democracy.

The Congress participates in the meetings of the Committee of Ministers and in all intergovernmental bodies dealing with legal instruments and the implementation of activities of relevance for regions and local authorities. We give input from a regional and local perspective based on recommendations and resolutions adopted by Congress members.

REGLEG succeeded in establishing a successful network among European regional governments and has been able to improve the dialogue between these regions and European institutions but also among the regions themselves.

We are all aware of the importance of regional democracy across Europe and of the need to involve the regions in the European decision making process.  We all know that the regional level of government increases the opportunities for citizens to participate in decision-making processes and in public affairs. Regional governance ensures that policies reflect regional cultural identities, with which citizens can identify. Own policies of the regions are essential if we want to give real meaning to the principles of subsidiarity, proportionality and proximity.

Still, regional governments need to be given greater legitimacy and a bigger say in decision-making at European level. 

The Congress of Local and Regional Authorities recently made an in-depth analysis of the role of regions with legislative powers within multilevel governance. Of course, we do not wish to impose a specific form of regionalisation. We do, indeed, respect the rich diversity of Europe’s regions based on different models; however, the regions with legislative powers play a specific role in this field. This system should be guided by mutual co-operation and interaction between European, national, regional and local authorities - with due regard to the respective roles, functions, activities and duties defined within the framework of national constitutions or national legislations.

The CoR set a precedent within the EU with the preparation of the White Paper on multi level governance. In the Council of Europe, where all the countries represented by regions today are members, the European Charter of Local Self Government serves as the legal basis for intergovernmental relations. Given the fact, that the Convention was signed 25 years ago we should ask; has the time come to develop it further and take into account the current changes in the political environment? Within the EU the regions and the local authorities are more and more involved in drafting legal instruments and policies and I am convinced, that this should be reflected also in this Charter. The regions with legislative powers could use their domestic influence on national governments to put the issue on the agenda and I am ready to discuss details with the Coordination Committee to prepare concrete action. The Council of Europe is undertaking a major reform aimed at getting back its profile as the benchmark for democracy, human rights and the rule of law. Regional democracy and governance is a cornerstone thereof.

Regions with legislative powers, in fact, should have a say in policy shaping and political decision-making, both at national and international levels: at national level - in second chambers, where they should have a political representation - and at international level in national delegations to international institutions. 

Next year we will deepen our reflection on the place of regions in second Chambers of national parliaments and organize a conference, and we will invite REGLEG to contribute. Second chambers have representatives in COSAC and in the Parliamentary Assembly of the CoE and thus can support positions of regions in the political process at this level.

Ladies and gentlemen,

Allow me now to briefly set out the Congress’ priorities for the years to come – adopted on the 26th October during our last Plenary Session -, with regards to the creation of synergies between REGLEG and the Congress.

 

During the coming years, we shall try to bring a new dynamic to our monitoring activities, whose cornerstone are the standards for local and regional democracy in the Council of Europe States - as set out in the European Charter of Local Self-Government and on the basis of the “Reference Framework for Regional Democracy”. We carry out approximately. 15 monitoring missions per year so that a sound analysis of each country will be available every five years. This will help us to identify common challenges and trends and put us in a position to make concrete proposals for assistance programmes, peer to peer reviews, exchange of experiences etc. As we must not forget that regions with legislative powers have a double role; on the one hand, they have their political duties under the guidance of the member state’s national government and on the other they serve as an essential supervising authority for their respective local municipalities and our monitoring activities should reflect this.

We shall also improve – in close dialogue with member states - the follow up of observation missions of local and regional elections.  The citizens' right to exercise their democratic choice in free and fair local elections is for us a sine qua non of democracy!.

The Congress will also work to make local and regional authorities aware of their responsibilities for the implementation of human rights; as we need to ensure that our communities are providing the same protection to all persons living in their territories. In this respect we also cooperate with the Committee of the Regions, which will hold a seminar on this topic next Friday, 26 November 2010, in Vienna.

We shall also deal with other thematic activities, including the promotion of good governance, interregional and cross-border cooperation, social cohesion, sustainable development and intercultural dialogue.

Last but not least, the Congress will promote the Council of Europe’s “Reference Framework for Regional Democracy” as our basic text on regional democracy. In November 2009, in Utrecht, the European Ministers responsible for Local and Regional Government approved the “Reference Framework”, which was drafted in cooperation with the Congress.

This text, which will guide member states’ future regional reforms, embodies the main principles of regional democracy that the Congress feels must be respected:

- a democratic functioning based on citizen participation;

- the respect for regions’ autonomy in constitutions and in the law;

- the principle of subsidiarity;

- the responsibilities of regions with regard to states;

- and the principle of loyalty and mutual respect between the different levels of governance.

For the time being, the reference framework serves as a reference point for any government wishing to begin a process of regionalisation or reform of its local and regional structures.

Regional authorities, whatever their nature or particular institutional character, will now possess references and principles with regards to their democratic structure, their organisation, devolved powers and own resources, their place within the state, their relations with other authorities, and their relations with citizens.

The reference framework has a major symbolic value, because the standards it embodies have the general approval of the Congress and the Parliamentary Assembly, as well as the support of the Committee of Regions and, more broadly, the regional community and its main associations.

In our future common work, the Congress would very much appreciate relying on REGLEG’s support to ensure the best possible use and reference to this “Reference framework” within member states. Although not legally binding, it constitutes a highly relevant collection of proposals for rights and duties of regional entities, to be used by federal, regionalised or merely decentralised states.

But one of our major concerns today is the impact of the Lisbon Treaty on regions. The Treaty recognises for the first time the principle of local and regional self-government in the EU member states and also gives additional relevance to local and regional authorities within the member states via its Protocol on the principle of subsidiarity. The Treaty ensures that any new EU legislation is accompanied by a detailed review of its possible impact for local and regional authorities and also gives the Committee of the Regions greater powers - in political and legal terms -  to follow the steps of the EU legislative process. 

Across Europe, governments of all levels will have to work together more than before. Therefore, the main challenge for the Congress and REGLEG - as well as for local and regional authorities in general - is to fulfil, to the best of its ability, what the Lisbon Treaty recognises. You address this clearly in your Zaragoza declaration to be adopted today. 

In this respect, in the frame of the relations and joint programmes between the European Union and the Council of Europe, the Congress will concentrate its efforts on local and regional democracy and on human rights at local and regional level.

Concerning human rights, we have to acknowledge that local authorities are usually the first to be faced with migration issues. Efficient local reception structures and legal aid are of great importance both for vulnerable people and for national authorities in charge of asylum procedures. In many cases regions have legislative powers in this field and therefore give adequate responses to their minorities’ needs and to fight against administrative abuse and arbitrariness.

Some regions and some cities are fulfilling these tasks in an excellent manner, but for others, reaching an acceptable quality of life for their citizens and establishing the respect of everyone’s rights is still a long way off in the 47 member states of the Council of Europe. I believe that local and regional authorities can tackle the human rights challenge, but still, they need access to know how to do this and to be able to share the experiences of others. Here again: all levels of government have to contribute and to cooperate. The efforts of national, regional, local and European authorities should be in synergy, if we accept the idea that human rights are indivisible. A municipality or a region which fosters the protection of human rights is a place in which people enjoy living. We in the Congress will include the human rights element in our assessment of local and regional democracy in member states with the aim of raising awareness, collecting good examples and disseminating them. As the role of the regions with legislative powers in this field is crucial, I would like to invite REGLEG to cooperate in this field. It will be mutually beneficial!

One evident example where our synergies can produce concrete results is the current Council of Europe action with regard to the Roma population on our continent. On 20 October, the Council of Europe organised a High-Level Meeting in Strasbourg, during which representatives of European states pledged to work together to improve the situation of Roma.

However, the participants stressed that this action will be successful only through concerted efforts at European, national and territorial level, and only if it is implemented in regional and local communities. Many representatives spoke of the failure of national initiatives in favour of Roma because they failed at local level. They highlighted the need for proactive approaches and effective implementation mechanisms in regional and local communities, and a more vigorous engagement of regional and local authorities.

REGLEG – your partner regions – and the Congress could work together to provide the framework for training regional and local mediators on Roma issues, and to establish a mechanism for collecting and sharing best practices at regional and local level concerning the Roma situation.

The High-Level Meeting in Strasbourg illustrated the political will of the community of European states to make a difference and will also provide financial resources for this project. It is up to us, the community of regional and local authorities, to make sure that their initiatives are a success on the ground.

Allow me finally to welcome the draft final declaration of this REGLEG conference and make some references to it:

As far as multilevel governance is concerned the Congress can play an important role in protecting and developing the role of local and regional authorities within the Council of Europe member states: for this purpose, our European Charter of Local self-government can be considered an important instrument, as I mentioned before.

The implementation of good governance and the fight against corruption at local and regional level are also part of our past and future know-how and we are ready to cooperate with REGLEG in order to share these experiences and implement concrete projects like training for politicians and civil servants on the basis of the Congress’ code of ethical behaviour. Regions with legislative powers do have responsibilities and experience also in this important area that should be shared with others.

Yesterday we spoke about future perspectives for our continent and about the European model of society being exposed to competition at global level. Part of this European model of society is a strong political role of regions and local authorities, as Minister Chaves pointed out when addressing the Congress on 27 October. The regions with legislative powers must involve themselves in the discussion on the way ahead:  to be clear: I do not mean only the question of the future regional policy or the financial perspectives. I refer to what the Gonzalez group has discussed and what is being discussed now in the Council of Europe.

A few weeks ago a “Group of Eminent Persons” was established in order to prepare a report within the context of the Pan-European project “Living together in 21st century Europe”. The group consists of 9 high-ranking individuals: Joschka Fischer  Timothy Garton Ash, Emma Bonino, Martin Hirsch, Danuta Hübner, Ayşe Kadıoğlu, Sonja Licht, Vladimir Lukin and Javier Solana. The European model with the values of democracy, human rights and the rule of law is today challenged because of the resurgence of intolerance and discrimination: the Group of Eminent Persons will help the Council of Europe, as guardian of the European Convention on Human Rights, to deal with new challenges for security and stability of European citizens.

The Congress and REGLEG may wish to cooperate within this framework in order to make the regional and democratic aspects of this debate visible. I have spoken to Danuta Hübner and she is ready for a dialogue with the regions. Why should the regions not take the initiative to link the reflections about the future undertakings of the EU and the Council of Europe, where they affect their spheres of work and where they can contribute substantially.

A concrete way of involving the regions with legislative powers in the European construction is to reinforce their presence within the international bodies. At Council of Europe level, it would also be important that these regions take part in the intergovernmental bodies’ meetings, more than it is the case now. The Council of Europe’s “European Committee on Local and Regional Democracy” (CDLR), for instance, produces texts of great relevance for national governments that have direct impact on regional governments too. The texts on fighting the economic downturn at regional level and the “Reference Framework for Regional Democracy” are some of the most recent examples. 

It would be important that regions with legislative powers be better represented in member states’ delegations to bodies of the Council of Europe. I do not mean the Congress, but the intergovernmental sector. Here the EU can serve as an example. German, Belgian, Austrian, Italian, Spanish, and one Finnish region have members in delegations to Council working parties and Commission committees. In the Council of Europe this is practiced by Austria, Germany, Switzerland – and the Belgian delegation regularly consists only of representatives of the regions and the communities. But where are representatives of regions with legislative powers in the delegations of Italy, Spain, Portugal, the UK and Finland? It would be of great support for the Congress and the regional issue as such, if the examples given were followed by other countries.

What are the reasons? An analysis of the composition of the delegations in the Congress shows that from the present 62 full members and substitutes from the 8 member states represented in REGLEG, only 16 come from regional governments, while 46 (or three quarters) come from regional parliaments.  This means that the awareness for the important role of the Council of Europe for key business of regional governments needs to be raised and I would be happy to develop this further with your representatives in the Coordination Committee in the next months. The regions with legislative powers do dispose of participation rights that are still not fully exploited!

The Congress very much appreciates the commitment of REGLEG to cooperate on all matters of common interest, as expressed in the Zaragoza Declaration. I would like to invite you to work together on concrete projects and to consider signing a Cooperation Agreement with the Congress. Our common aim could be to support regional democracy in Europe and to increase the participation of the citizens in political life at regional level by exchanging innovative examples. I am convinced that cooperation in these areas will contribute to developing concrete actions in common in the fields of democracy, governance, human rights and the European model of society.

We may still have to go a long way until we experience in the Council of Europe what is happening in the EU in the months to come: when REGLEG partner regions chair Council of Ministers meetings, as done once again during the Belgian EU presidency. But, I believe, we should begin to take this route, because you never will arrive anywhere, if you do not make the first step.