WORKING GROUP ON THE PRINCIPLE OF SUBSIDIARITY WORK PLAN 2012

Transcription

1 WORKING GROUP ON THE PRINCIPLE OF SUBSIDIARITY WORK PLAN 2012 I.- Introduction 1.- The coming into force of the Lisbon Treaty, on the 1st of December 2009, resulted in significant changes for the role of both National and Regional Assemblies with legislative competences within the EU legislative process. These changes have acknowledged the "regional factor" for the first time within the EU regulation framework, achieving one of the main claims put forward by the CALRE some years ago, as it has been recorded in their annual Declarations. Subsidiarity is a principle that aims at bringing citizens closer to the EU decision making processes, as it is understood that this closeness will result in a more efficient compliance with the goals pursued by the EU institutions. Thus, this principle allows us to draw the borders of the responsibilities of the Members States and of EU and helps us determine whether an action is to be carried out by a Member State or by the European Union. Therefore, the Protocol 2 attached to the Lisbon Treaty on the application of the principles of subsidiarity and proportionality foresees the possibility that the European Legislative Regional Assemblies participate -upon the specific consult made to the appropriate National Assemblies- in an initial phase for the adoption of the European legislation, in order to control of compliance with the principle of subsidiarity through the so called Early Warning System (EWS). 2.- At the same time, the Lisbon Treaty puts forward a responsibility approach (multilevel governance) which requests a coordinated action by EU with the Member States, as well as with regional and local entities, in order to develop and implement the European policies. Thus, as set out by the Committee of the Regions, insofar as a preponderant part of the legislation implemented both regionally and locally comes 1

2 from the European Union, the previous analysis of the territorial impact of any EU initiative is currently considered as a condition for a good governance, since the financial charges and regulations arising from the EU decisions increasingly affect the budget of the territorial entities and their administrative capabilities. Therefore, a logical multilevel governance should lead to a better regulation based on an agreed coordinated approach and a shared follow-up and a control process relying on the principles of subsidiarity and proportionality and on a consistent legislation so as to facilitate its proper transposition We are undergoing very difficult times, especially from the economic and social point of view. Due to the current serious economic crisis, some have forecasted the end of Europe. Likewise, authorised voices have stated that this crisis is being dealt with from an European approach and, regarding the decision-making process to deal with it, the crisis is being faced, at least, peculiarly. It is being said that a redistribution of the power within Europe, a concentration of the power in a few States and a loss of the role which, according to the Treaties, should be played by the EU decision-making Institutions (especially the Commission) is taking place de facto, as these institutions are currently pushed out by atypical centralising movements, which may compromise the appropriate participation of the different sensitivities comprising the EU and of Regional Assemblies which, in accordance with their direct democratic legitimacy and based on their closeness to their respective citizens, should not be kept out of the decision-making processes. Regardless of the assessment about these phenomena and of their final direction, the solution to the our serious problems can be only achieved by reinforcing the values which Europe has always embodied, especially values such as the respect for diversity and plurality, clearly exemplified by the different Regions comprising Europe and their citizens. Now more than ever, it is necessary to strengthen the support of a strong Europe, united within its enriching diversity and as close as possible to its citizens and to their problems. Thus, claiming the principle of subsidiarity, a recurrent topic in the CALRE s works, makes now more sense than ever. Multilevel governance is established in the regulations of Lisbon Treaty and, therefore, it cannot be undermined, even with the justification that it is a measure necessary so as to overcome the crisis. In short, having explained the necessary approach which the working group (WG) on subsidiarity has followed up to date, the present times demand a deep reflection on the future of this principle regarding the current transformation process of the EU, as there are potential threats to this principle, arising from the current complex context and scenario. Hence, the WG on the principle of subsidiarity aims to analyse such 1 White Paper of Multilevel Governance Build Europe in Partnership (CoR 25/2010). 2

3 threats and to submit proposals in order to prevent this principle from fading until becoming unrecognizable 2. II.- General Advice The CALRE's working group on the principle of subsidiarity was established in the late From the creation of this group, and more specifically, since its coordination was undertaken by Assembly of Catalonia in 2007, its work has especially focused on two topics: 1) To spread the meaning and the scope of the principle of subsidiarity and the role which European Regional Assemblies should play, according to this principle, in the European decision-making process. This task has been carried out both before and after the Early Warning System was foreseen in the Protocol attached to the Lisbon Treaty and upon its coming into force in the late For these purposes, a very important work has been carried out by organising meetings, seminars and symposia so as to study and assess the implementation of this system and which have resulted in the drafting and publishing of several works which are currently used as a reference on this topic 3. Thanks to this work, we have a significant theoretical corpus based on the laws, allowing us to put forward specific proposals aimed at making a step forward in the implementation of the principle of subsidiarity by the European Regional Assemblies. 2) The WG has also contacted (directly through its members or indirectly through the CALRE s Presidency) representatives of the different European institutions and even of State assemblies, in order to facilitate the boost and the implementation of the different conclusions arising from the reports issued by the said working group. From the fruitful work developed up to date, the current Presidency of the WG on the principle of subsidiarity, recently approved after the CALRE s plenary session held in L'Aquila (Italy) in November 2011, puts forward a work plan for the present year 2012, 2 The Committee of the Regions, in its White Paper of Multilevel Governance Build Europe in Partnership (CoR 25/2010) sets out that the impact of the global crisis and the assessment of the first results in the EU response have undoubtedly affected the contributions and have made all political and economic agents demand their participation in the reactivation means. In fact, the traditional trend to centralise the decision-making process and the action means in times of crisis is considered, by many, as a risk that the recovery measures are not ideally collected in the regional and local levels and, as a result, these measures are partially or wrongfully applied, whereas the territorial entities have an essential role to play in stimulating growth, especially in times of crisis or during the process to overcome the crisis. 3 The specific results of the WG on subsidiarity collected up to date are available on the CALRE s Web site: ( 3

4 whose general advice combine continuity with other newly designed elements and all of which are consistent with different aspects set out in the CALRE's 2011 Declaration: Section 2. Enhancing Relations among Regional Legislative Assemblies. For the sake of the people they represent, the Presidents of European regional legislative Assemblies confirm their willingness to strengthen cooperation, in order to: improve the reciprocal knowledge, favour exchanges of experiences, start collaboration projects, and develop strategies addressed to regional communities in order to favour the growth of a European culture... Taking for granted the respect of the autonomy of each Parliament, it is desirable that the CALRE opens itself to a deeper involvement of its Parliament members internal structures, such as the Commissions for European Affairs, into its activities and creates a European legislative database to exchange information on the initial and final phase of the European legislation. Section 3. Enhancing Relations among European Inter-Regional Associations. European regional associations constitute a heterogeneous universe, because of the diverse interests that Regions support and represent. Thus, the Presidents of the CALRE point out the necessity to cooperate more closely with other European regional associations in areas of common interest, insofar as this allows their Parliaments to participate in the decision-making processes in a more effective and credible way. Section 5. The subsidiarity network and the early warning system Precautionary work is absolutely fundamental. Therefore, in order to support the contribution that the regional system can provide within the national and European sphere, the CALRE Presidents underline the necessity for the Regional legislative Assembly of the European Union to participate in the early warning system, together with the national Parliaments. They call upon the national assemblies to foster a higher involvement by the Regional Parliaments, promoting their participation and submitting both their rulings and suggestions to the European institutions. Finally, they also emphasise the need to strengthen the participation of the CALRE Assemblies in the subsidiarity network founded by the Committee of the Regions (CoR) and to foster the use of the subsidiarity evaluation grid provided by the CoR, in order to promote a constant exchange of information, knowledge and contacts. Thus, the main goal of the WG for the present year 2012 will consist of making the CALRE be "considered" as the entity defending the interests and approaches of the 4

5 Regional Assemblies before the European institutions, especially before the European Parliament, the Commission and the Committee of the Regions. The Working Group on the principle of subsidiarity considers that it is necessary to take advantage of the capacity and the importance which, doubtlessly, the CALRE has in Europe so as to clearly claim a qualified mediation role so that the Regional Assemblies can be listened to in the decision-making forums of the EU, as well as to collect the appropriate information in a very early stage of the European decisionmaking process, i.e. during the discussions of the different options and alternatives which will be eventually established in the proposals of European legislative acts. All in all, the WG aims to make the CALRE become a kind of "antenna" at the service of the European Regional Assemblies comprising the CALRE in the two-sided procedure of the European decision-making processes. On the one hand, the collection of information (access to relevant documentation on legislative proposals, especially green and white papers) and making the information available for the European regional legislative assemblies. By this procedure, the European regional assemblies may be aware, from a very initial moment, of the European legislative texts being prepared and therefore, they will not have to wait until the European legislative proposal is subsequently submitted within the framework of the Early Warning System, when the issues are almost closed and are hard to be modified to take into account the regional assemblies approaches. But, on the other hand, the CALRE may also have the possibility to participate on behalf of the Regional Assemblies in this preliminary deliberative process, in accordance with Section. 2 of Protocol 2 on subsidiarity, which refers to the Commission s prior consultations, especially emphasising the very early stage of the European legislative process. Of course, this will not affect the opinion or decision which each Regional Assembly may take afterwards within the early warning procedure. In order to develop this basic advice, the present Work Plan 2012 comprises the following: 5

6 LINES OF ACTION 1.- The CALRE and the "political dialogue" with the Commission Besides the participation possibilities for the European Regional Assemblies established in Section 6 of the Protocol 2 attached to the Lisbon Treaty (Early Warning System), it is important to bear in mind that, at the same time, the Section 2 of the same document sets out that Before proposing European legislative acts, the Commission shall consult widely. Such consultations shall, where appropriate, take into account the regional and local dimension of the action envisaged This precept -along with the specific willingness set out by the Commission since 2006 to establish a permanent dialogue with the National Parliaments ("Barroso procedure") 4 - provides the sufficient, appropriate legal basis to allow the European Regional Assemblies to be listened to -even through their appropriate National Parliaments- as an alternative to the Early Warning System, resulting in a richer multilevel discussion within the European decision-making process. As the EU position to submit a legislative proposal is not decided yet (this would be a very early stage to analyse different options, such as: green and white papers, work programmes, etc.), there are more objective possibilities to take into account the approaches and points of view of the regional assemblies and to incorporate them into the appropriate regulatory text. Thus, the WG on the principle of subsidiarity would analyse the participation possibilities which, at least theoretically, the European Regional Assemblies would 4 The European Commission, in the annual report 2010 on the relations between the European Commission and the National Parliaments [COM (2011) 345 final] sets out that The experience gained with the subsidiarity control mechanism during its first year of implementation shows that the Treaty requirements for national Parliaments to trigger the 'yellow card' or the 'orange card' are quite stringent, and confirms what has already been observed during past years: a relatively small percentage of opinions sent to the Commission raise subsidiarity issues, with the national Parliaments continuing above all to be interested in engaging into a dialogue with the Commission on the substance of its proposals and initiatives. This clearly shows the importance and added value of continuing the political dialogue, which, as long as the Protocol 2 thresholds are not reached and the formal Treaty mechanism for reviewing proposals is not triggered, represents the main framework for the exchanges between the Commission and national Parliaments. The Commission explicitly invites national Parliaments to express their views also on pre-legislative documents, as well as to participate actively in open consultations, as it sees this as a particularly effective way for national Parliaments to contribute constructively and positively to the shaping of future EU initiatives and legislation. The Commission reiterates its commitment to take national Parliaments contributions received during the pre-legislative phase into account. 6

7 have within the framework of the "political dialogue" with the Commission and the role that the CALRE may play, even as a direct interlocutor or mediator with the European institutions. For such purposes, please note the statement set out in the Declaration of L Aquila, which should be used as a piece of advice: This contribution by regional parliaments to the content of European legislation should take place at a very early stage in the European Union's regulatory procedure. The study, prior to the early warning procedure, of documents drawn up by the European Commission (such as green papers, white papers, communications or work programmes) would be especially useful so as to identify those areas of interest for regional parliaments in the framework of the European Commission's strategy in the future. The CALRE Presidents recall that the so-called Barroso s procedure invites national Parliaments to undertake a political dialogue with the European Commission during the process of European policies elaboration and that the European Commission itself has affirmed that the control mechanism of subsidiarity and the political dialogue represent two sides of the same coin, since the principle of subsidiarity is part of a wider political relation between the Commission and the national Parliaments. In this process, in the areas falling within their competence, Regional Parliaments can provide national Parliaments and, consequently, European Institutions, with useful observations and remarks, not only through the examination of the subsidiarity principle, but also discussing the content of European legislation. Our wish is to widen the field of discussion open to regional legislative Assemblies, so as to be able to broach not simply any possible violation of the subsidiarity principle but also the principle of proportionality of any measures proposed in European draft regulations. This would allow a debate on whether a specific measure was appropriate and would also provide sufficient margin for suggestions or modifications to such measures. The CALRE records and welcomes the fact that the European Commission is increasingly aware that also the regional parliaments with legislative powers have a role to play in the European decision-making process. 2.- The CALRE s Relations with the European Parliament The relations between the CALRE and the European Parliament should be promoted and, for such purposes, a CALRE s representation office may be requested at the seat that the European Parliament has provided to all the Chambers of the State Members' National Parliaments. This measure, if accepted, may contribute to the goal of achieving a direct, immediate knowledge of the information relevant for the Regional Assemblies regarding the EU legislative initiatives and, at the same time, such office would reinforce the presence of the CALRE before the EU. 7

8 Likewise, this measure may facilitate other cooperation actions between the CALRE and the European Parliament, such as, for instance, by holding regular meetings between the CALRE and members or Commissions of the European Parliament. 3.- Collaboration with other European Inter-Regional Organisations: REGLEG and COSAC So as to generate the necessary synergies and to coordinatedly join efforts to efficiently contribute to make the regional factor be sufficiently considered in the EU decision-making process, the collaboration of the CALRE -either directly or by the WG on subsidiarity- should be strengthened with other European inter-regional organisations which, as the CALRE, aim at defending the regional approaches before the EU decision-making institutions and, specifically, the observance of the principle of subsidiarity. These organisations are especially the Committee of the Regions but also REGLEG (Conference of European Regions with Legislative Power) and the COSAC (Conference of Parliamentary Committees for Union Affairs, i.e. a conference of EU bodies specialised in Union affairs and comprised of EU National Parliament representatives only). So as to get this goal, we should take advantage of the existing collaboration agreements entered into with some of the said organisations or, failing that, by fostering the signing of collaboration agreements. It may be very useful to promote the participation of one CALRE's representative in these bodies, especially in the COSAC, even as an observer, so as to have first-hand access to the information which these bodies may have regarding ongoing European legislative documents. 4.- The CALRE and the Committee of the Regions Subsidiarity Monitoring Network To be consistent with the paragraph above, we have put forward that a more determined, visible participation should be promoted by the CALRE in the Committee of the Regions Subsidiarity Monitoring Network, establishing an ongoing dialogue with such Committee, as it is a EU institutions which plays, within the European decisionmaking process, a role to defend the principle of subsidiarity. Thus, the CALRE should participate in the consultations made (both for ongoing regulatory proposals, before such proposals are put forward, and for the preparation of impact assessment documents) within the said Network. For these purposes and to increase our operational capabilities, it is logical that this participation should be coordinated by the WG on subsidiarity. 8

9 This WG should also participate in the annual meetings that the Committee of the Regions has arranged since 2009 to discuss subsidiarity issues (the Subsidiarity Conference). 5.- Strengthening of the Relations among the Commissions on European Affairs or Similar Bodies of the Regional Assemblies. The CALRE should foster an intense relationship among the Commissions on European Affairs or similar bodies of the Regional Assemblies taking part in the CALRE. This would not affect the role to be developed by President Pagana, unanimously appointed in the plenary session in L Aquila 2011 as the coordinator of the Presidents of the Commissions on European Affairs of the Regional Assemblies comprising the CALRE. Likewise and in accordance with the agreements reached in L Aquila, the implementation of this new tool for contacting each other and sharing information among the assemblies comprising the CALRE should be expedited. Furthermore and once it has been created, this forum may be used so as to provide the Regional Assemblies with the information which the CALRE may directly collect from the different EU institutions involved in the regulatory process, as well as to, where appropriate, to formulate a CALRE s unique response with the opinion of the Assemblies within the framework of the regional consultation process established in Section 2 of the Protocol on subsidiarity mentioned above. We also consider useful that either the WG on subsidiarity or the Coordination Group of Presidents of the Commissions on European Affairs of the CALRE's Assemblies regularly makes a selection of the EU legislative initiatives being more relevant to the Regional Assemblies. This selection of initiatives would be subsequently submitted to the Regional Assemblies so that these can submit the proposals and contributions, as a CALRE s common position, to the European Commission and the European Parliament. At this specific point, we find it appropriate to carry out, throughout 2012, a pilot test on any undoubtedly relevant topic for the Regional Assemblies comprising the CALRE. 6.- Use of Information Sharing Tools It is also necessary to implement and use platforms/tools for sharing subsidiarityrelated information among the European Regional Assemblies comprising the CALRE. For this purpose, the Declaration of L Aquila establishes: 9

10 The Presidents very much welcome the aim of the Committee of the Regions to establish, within the Subsidiarity Monitoring Network, a platform for the regional parliaments with legislative powers, to foster the information exchange, particularly within the early warning system. Thus, the CALRE s WG on subsidiarity will have to closely collaborate with the Committee of the Regions in order to implement, as soon as possible, such platform, so as to provide all the CALRE s Regional Assemblies with a tool for quickly sharing information and experiences about those issues related to the application of the principle of subsidiarity 5. Without affecting this platform and as a logical complement to the measures mentioned in paragraph 4 above, the CALRE should create its own computer tool, linked to its website, so as to share subsidiarity-related information among the different Regional Assemblies. 7.- CALRE s Access to IPEX. It is important to incorporate the CALRE into the IPEX 6, a highly useful information tool so as to monitor the European legislation, currently available to National Assemblies only. Likewise, the attendance of a CALRE s representative to the annual meetings held by this entity should be promoted. 8.- Seminar on Subsidiarity As it has been set out before, more than two years have elapsed after the Early Warning System was effectively implemented, not to mention the pilot experiences which certain States have carried out before the coming into force of the Lisbon Treaty, and the previous participation of a significant amount of European Regional Assemblies within the framework of the Committee of the Regions Subsidiarity Network. This means that European Regional Assemblies have an important, actual background in defending the said principle. 5 In Spain, under the COPREPA, there is a recently-implemented very useful system (Red_Parlamenta) which may be extrapolated to the CALRE. 6 The purpose of the IPEX (currently open to National Assemblies only) is to widen the information provided to these assemblies by sharing documents and specific affairs of the EU. IPEX comprises parliamentary documents and information on the EU, provided by each National Assembly, and this information is recorded in different databases and arranged according to the specific EU document to which they refer. Thus, consulting this information tool may be highly interesting. 10

11 However, the study of its theoretical framework should be deepened, as it supports the principle of subsidiarity and the application of the Early Warning System, making a step forward in analysing the possibilities which the current subsidiarity regulatory support provides within the European field, as well as in the practical application of the Early Warning System by the European Regional Assemblies comprising the CALRE. For these purposes, we find appropriate to arrange a seminar or meeting in 2012 (and preferably before the CALRE s plenary session so as to submit the conclusions to this plenary session), in order to think about the practical application of the principle of subsidiarity and, especially, on the future challenges which this subsidiarity deals with within the current economic crisis context and regarding the transformation which the EU is currently undergoing. This seminar or meeting should be attended not only by the representatives of the European Regional Assemblies, but also by subsidiarity experts, members of the European Parliament and representatives from all the European institutions directly involved in the process of application of the principle of subsidiarity (especially the Commission, the European Parliament and the Committee of the Regions). Such forum would be very useful so as to carry out a self-assessment process by which, after completing a very specific questionnaire-like form, the Regional Assemblies comprising the CALRE may analyse, from their own experience, the institutional performance provided by the Early Warning System, detecting the potential practical problems arising from their application and, therefore, the issues which should be dealt with in the future. III.- Work Plan It has been put forward that the WG should be comprised of, at least, 1 representative per each Member State comprising the CALRE. For these purposes, an invitation will be sent to all the Regional Assemblies participating in the CALRE. Based on the response received, on the plurality criteria and operational capacity, the WG will be finally formed. Then, the WG will try to hold, at least, two meetings throughout 2012 (February/March and May/June), in order to present a conclusion report in the CALRE s Standing Committee, before the plenary session. Such conclusion report will be previously submitted and made available to all the Legislative Assemblies comprising the CALRE so that they can, if appropriate, submit their contributions. 11

12 Santa Cruz de Tenerife, the 30 th of January, 2012 Signed: Mr. Antonio A. Castro Cordobez President of the Parliament of the Canary Islands 12