Regions within the Council of Europe and the establishment of the Congress of Local and Regional Authorities of Europe

13 January 1995

Doc. 7220

1403-11/1/95-2-E

REPORT

on the regions in the Council of Europe

and the establishment of the

Congress of Local and Regional Authorities of Europe

(Rapporteur: Mr PINTO,

Portugal, Liberal, Democratic and Reformers Group)

_____

Summary

This report takes stock of the situation of the regions in the Council of Europe, particularly in the light of the establishment of a Chamber of Regions within the Congress of Local and Regional Authorities of Europe (CLRAE). It retraces the main stages in the process of development which our Organisation has undergone in this field.

This report is also an opportunity for the Assembly to express its views in the wake of the creation of the new CLRAE, the holding of its first session and the adoption of its first texts.

The Assembly recommends some additional reforms, particularly concerning regions' participation, and supports the CLRAE in its new role.

I. Draft recommendation

1. The Assembly refers to and reiterates its support for a greater role for regions in the Council of Europe, as expressed in particular in its Recommendation 1021 (1985) on increased regional representation in the Standing Conference of Local and Regional Authorities of Europe (CLRAE).

2. It also refers to the views repeatedly expressed in its opinions on the texts adopted by the CLRAE, especially with regard to fuller regional participation in national delegations to the Standing Conference.

3. The Conference on "Regionalisation in Europe: Evaluation and Perspectives", held in Geneva from 3 to 5 June 1993 on the initiative of the CLRAE, took stock of progress regarding regionalisation in the European countries and of participation by regions in European organisations, while recognising that regions now have an important political role.

4. The Assembly reiterates its satisfaction at the setting up of the Congress of Local and Regional Authorities of Europe and at the creation therein of a chamber of regions enabling the regions to discuss their common problems among themselves.

5. The Assembly also considers that the field of local and regional authorities is sufficiently complex and significant to be entrusted to a specific committee.

6. It further notes that the regions have no possibility of contributing to intergovernmental activities even though they possess important and increasing powers at national level, whether those powers are shared or exclusive.

7. The Assembly therefore recommends that the Committee of Ministers:

i. take steps to permit participation by regions in the field of intergovernmental co-operation and advocate to governments that:

a. representatives of regions should participate in conferences of specialised ministers alongside governmental representatives in cases where the regions possess powers in the field concerned;

b. representatives of regions should participate in the work of the Council of Europe's intergovernmental committees, again in cases where the regions possess the relevant powers;

ii. instruct the Steering Committee on Local and Regional Authorities (CDLR) to initiate or develop activities aimed at establishing regional entities in non-regionalised countries;

iii. provide the Congress of Local and Regional Authorities of Europe with adequate resources, both human and budgetary, in keeping with its new status and tasks.

II. Draft resolution

1. The Assembly has followed with interest the establishment of the Congress of Local and Regional Authorities of Europe (CLRAE) and the holding of its first session (31 May-3 June 1994); it notes however that, despite the creation of a chamber of regions, further progress is required in respect of participation by regions.

2. With a view to better ensuring the functioning of the Congress by virtue of its new statutory role and its increased legitimacy and representativity, the Assembly draws attention to some of its earlier proposals concerning, inter alia, the composition of the CLRAE's national delegations and its funding.

3. The Assembly therefore invites the CLRAE:

i. to envisage reforming the composition of its Chamber of Regions so as to ensure that only regions may be represented therein. For that purpose, the period stipulated in the first transitory provision of the Charter should be reduced to three years and a standing working group for regions possessing legislative powers should be set up at the Congress's next session;

ii. to provide for the holding of an additional annual session for the two chambers, outside the plenary sessions, while resorting to funding by the Congress's representatives if appropriate;

iii. to amend Article 2 of the Charter as soon as possible so that only representatives holding an elective mandate may become members of the Congress;

iv. to bring forward to the next session the re-examination of the fourth transitory provision of the Charter with a view to making representatives bear their own participation expenses, which are at present borne by the Council of Europe's budget;

v. to plan the creation of a standing committee for each of the two chambers, limit the number of working groups and, if necessary, envisage recourse to specialised committees.

4. With regard to the texts adopted at the first session of the CLRAE, the Assembly refers to Recommendation 6 (1994) and Resolution 8 (1994) on the Conference on "Regionalisation in Europe: Evaluation and Perspectives"; it supports the proposals to draw up a "European charter of regional autonomy" and promote regionalisation in greater Europe, and looks forward to carrying them out in partnership with the CLRAE.

5. As regards Recommendation 7 (1994) and Resolution 9 (1994) on regional/spatial planning prospects in the new Europe, the Assembly shares the CLRAE's position; considering that the Council of Europe has an important role to play in this field, it will itself draw up a report on this subject in which it will set out its own proposals.

III. Draft order

1. The Assembly refers to its Recommendation ... (1995) and Resolution ... (1995) on the regions in the Council of Europe and the establishment of the Congress of Local and Regional Authorities of Europe (CLRAE).

2. It recalls its decision concerning follow-up to the CLRAE's sessions and texts by the Committee on the Environment, Regional Planning and Local Authorities.

3. It instructs its Committee on the Environment, Regional Planning and Local Authorities to monitor in particular the development of participation by regions in the Council of Europe's activities and, for that purpose,

i. arrange periodic meetings with the President of the Congress of Local and Regional Authorities of Europe and the presidents of both the latter's Chamber of Regions and Chamber of Local Authorities;

ii. organise exchanges of views with the presidents of regional parliaments and the presidents of regions possessing legislative powers;

iii. continue to organise sectorial interregional conferences (frontier regions, Mediterranean regions, etc.), if appropriate in conjunction with the CLRAE.

IV. Explanatory memorandum

by Mr PINTO

Contents

Page

I. INTRODUCTION 6

II. BACKGROUND 7

1. The Parliamentary Assembly 7

2. The Committee of Ministers 10

i. The Ministers' Deputies 11

ii. The Steering Committee on Local and Regional

Authorities (CDLR) 11

iii. The Conferences of European Ministers

responsible for Local Government 12

3. The Standing Conference of Local and Regional

Authorities (CLRAE) 12

4. The Council of Europe's conventions 17

i. The European Outline Convention on Transfrontier

Co-operation between Territorial Communities or

Authorities 17

ii. The European Charter for Regional or Minority

Languages 18

iii. Draft conventions (inter-territorial

co-operation, regional autonomy) 18

III. THE CONGRESS OF LOCAL AND REGIONAL AUTHORITIES

OF EUROPE 18

1. The reform 18

2. The Chamber of Regions 19

3. First Session (31 May-3 June 1994) and texts adopted:

procedure for examination by the Assembly 19

IV. CONCLUSION 24

1. Introduction

In its efforts to protect democracy and bring politics closer to the ordinary citizen, the Council of Europe has been engaged in promoting local democracy ever since its inception. Indeed, it pioneered recognition of the importance of local and regional authorities by allowing them at a very early stage to participate in the process of international co-operation.

This commitment on the part of the Council of Europe is apparent in the activities of all its organs, but it is only fair to mention in particular the long-standing task of promotion and persuasion undertaken by the Parliamentary Assembly which led initially to the creation of a specific Council of Europe body representing local authorities (the European Conference of Local Authorities). The Assembly then recognised the emergence of regions by campaigning for their participation in this Conference, which later became the Standing Conference of Local and Regional Authorities of Europe (CLRAE). Lastly, the Assembly contributed to the Conference's recent transformation into the Congress of Local and Regional Authorities of Europe.

It should also be acknowledged here that, in addition to maintaining co-operation between local and regional authorities and defending their interests, the CLRAE has been an energetic advocate of its own cause. Indeed, the cogency of its arguments was no doubt connected to the decision taken by the heads of state and government at their Vienna Summit, followed by that of the Committee of Ministers to grant a statutory position to the new Congress.

It is also clear that in recent years the regions have occupied an increasingly important place in the national policies of Council of Europe member states. Their role has expanded at international level too, especially in various international organisations, such as the Council of Europe or the European Union. Moreover, this role will gain in importance, as the regions are increasingly being relied upon to preserve certain identities and provide ordinary citizens with a channel for direct participation in the affairs of an ever more integrated continent where decision-making is occurring further and further away from them. In such a context, the Council of Europe, often in the forefront where democracy is concerned, has a duty to continue its efforts to enhance democracy on the basis of human rights, particularly local and regional democracy. These efforts have become even more important as a result of the Organisation's enlargement to the countries of central and eastern Europe, which need active co-operation, especially in the field of local democracy and regionalisation.

Consequently, this is no doubt an appropriate time to take stock of the situation of the regions in the Council of Europe, particularly in the light of the establishment of a chamber of regions within the Congress of Local and Regional Authorities of Europe. The present report attempts to retrace the main stages in the process of development which our Organisation has undergone in this field.

The report is also an opportunity for the Assembly to express its views in the wake of the creation of the new CLRAE, the holding of its first session and the adoption of its first texts, in application, for the first time, of the new procedure decided on by the Bureau.

II. Background

1. The Parliamentary Assembly

Ever since the foundation of the Council of Europe the Parliamentary Assembly has believed in the importance of local democracy and local authorities. It was in that belief that as early as 1951 a motion for a resolution aimed at setting up a special committee on municipal and regional affairs was put forward. On 27 September 1952 the Assembly adopted its Resolution 20 by which such a committee was created. In the words of the Rapporteur, Mr Chaban Delmas, the committee "will keep in constant touch both with the various organs of the Assembly and with the bodies representing local authorities, from municipalities to regions".

As time went by and its responsibilities were extended, this committee became the present Committee on the Environment, Regional Planning and Local Authorities. In January 1966, in view of these broader responsibilities, the committee set up a sub-committee on local and regional structures, which in January 1977 became the Sub-Committee on Regional Problems of Europe and since May 1984 has been the Sub-Committee on Local and Regional Authorities.

During this period, usually on the committee's initiative, the Assembly adopted numerous texts (recommendations, resolutions and opinions) in which it spoke out in favour of the preservation and promotion of regions in Europe. In several of these texts the Assembly advocated a greater degree of representativity for the CLRAE (the result, incidentally, of an Assembly initiative) and the improvement of its status (permanent nature, inclusion of regions, reform of its charter, etc.). Thus, without mentioning them all, one might enumerate some of these texts which provide evidence of the Assembly's commitment in this field.

—Re solution 210 (1961) on European regional policy and local authoritiesIn

In this text the Assembly expressed the view that the balanced development of the European area presupposed that regions should be regarded as "the basic development units" and that "a policy of decongestion" be pursued for those regions, "including the institution of political and administrative machinery".

—Re commendation 368 (1963) giving the opinion of the Assembly on Resolutions 23 and 38 (1962) of the European Conference of Local Authorities on European regional planningHe

Here the Assembly upheld certain principles, including the ideas that a regional planning policy "presupposes a study of the problems and an approach to their solution", that such a policy "is inconceivable without organisation of the region" and that it required "a close association of ... regional and local authorities".

The Assembly also recommended the creation of a regional documentation and study centre.

—Op inion No. 43 (1964) on the activities and status of the European Conference of Local AuthoritiesHe

Here, the Assembly recalled that "by virtue of the Conference, the Council of Europe is the only European organisation which enables local and regional authorities to share in the construction of Europe".

—Re commendation 469 (1966) on the evolution of local and regional structures in Council of Europe member countries, and giving an opinion on Resolution 54 (1966) of the European Conference of Local AuthoritiesIn

In this text the Assembly expressed the belief that "the creation of a regional local government tier ought to be the consequence of modern regional activities", that "the regional level is of particular concern to European unification" and that "an effort should be made to harmonise regional structures in Europe".

It also considered that "such an undertaking would be an important contribution to the development of an intermediate European political and administrative structure", and it recommended instructing a committee of government experts to draw up "suitable criteria for a European regional structure applicable in all European countries".

—Re solution 469 (1971) on the 8th Session of the European Conference of Local Au thoritiesTh

The Assembly expressed here its support for the Conference's Resolution 67 on the problems of regionalisation in Europe, especially with regard to an initial European outline of the concept of region. It also called on the Conference to render the concept of region "increasingly specific".

—Re solution 502 (1971) on the role of the Council of Europe in the near futureTh

The Assembly expressed the view that, alongside the Europe of the nations, the Council of Europe should become the champion of the "Europe of the regions".

—Re commendation 694 (1973) on the 9th Session of the European Conference of Local AuthoritiesIn

In this text the Assembly stressed "the political importance of the principles of regionalisation", adding that "it would be in keeping with the spirit of the Statute of the Council of Europe ... that the Council of Europe should play a greater part in promoting the Europe of the regions".

The Assembly also called on the Conference "to make itself more representative ... in order to play its full part as the consultative and representative organ of the regions and municipalities of Europe".

—Re commendation 755 (1975) on the texts adopted by the European Conference of Local Authorities at its 10th SessionWi

With regard to the role of the Conference, the Assembly recommended that the Committee of Ministers "confirm the Conference's function as official representative of the local and regional authorities" and "strengthen (its) representative character".

It also recommended that the Committee of Ministers approve the restructuring of the committees by instituting a "committee on regional affairs".

—Op inion No. 80 (1977) on the texts adopted at the 11th Session of the Conference of Local and Regional Authorities of EuropeTh

The Assembly noted here "that the Conference's character as an assembly of elected members of local and regional councils, to which the Assembly attaches the greatest importance, is not yet fully secured".

—Re commendation 1021 (1985) on increased regional representation in the Standing Conference of Local and Regional Authorities of EuropeAf

After several clear but sporadic pronouncements, this was the first substantial text to be adopted by the Assembly concerning the regions in the Standing Conference after its expression of support in 1975 for the enlargement of the CLRAE to include the regions. Here, the Assembly reaffirmed the importance "of ensuring equitable representation of regional and local authorities within the CLRAE". For this purpose it put forward several proposals aimed at "ensuring that each state's delegation is effectively representative of the regions" (notably numerical equality between local and regional representatives in each delegation). The Assembly also recommended establishing a "general regional affairs committee".

—Op inions Nos. 126 (1986), 138 (1988) and 148 (1989) on the texts adopted at the 20th, 22nd and 24th Sessions of the CLRAEWh

While expressing satisfaction at the number of regional representatives, the Assembly reiterated its wish that their number be further increased in order to enhance the regional presence within the CLRAE.

—Op inion No. 159 (1991) on the texts adopted at the 26th Session of the CLRAETh

The Assembly reverted here to its proposals concerning improved representation of local and regional authorities within the CLRAE.

It also supported the CLRAE's wish to have its statutory position enhanced, while expressing the hope that this would be done by ensuring an appropriate role and place for local and regional authorities within the Conference, which should be able to discuss their own affairs in complete freedom.

In this connection the Assembly fully approved "the proposal to set up a specific platform in the Council of Europe for regions with legislative powers through the establishment of a partial agreement".

—Op inion No. 173 (1973) on the texts adopted at the 28th Session of the CLRAEOn

On the subject of the improvement of the CLRAE's statutory position, the Assembly recalled that the regions "would like the Council of Europe to provide them with a platform for dialogue and consultation enabling them to deal, completely independently, with subjects particular to their status and situation".

The Assembly reiterated "its desire for two chambers to be set up within a single body ... one of (which) would comprise local authorities, while the other would be made up of regional authorities". It added that the chambers "should enjoy a certain amount of autonomy, each have a bureau and be allowed to hold an annual plenary session separate from the annual session of the Conference".

—Op inion No. 177 (1993) on the draft statutory resolution relating to the setting up of the Congress of Local and Regional Authorities of EuropeTh

The Assembly welcomed the arrangement adopted, which, in accordance with its wishes, entailed the creation of two chambers within the Congress: a chamber of local authorities and a chamber of regions.

The foregoing recapitulation of the positions taken up by the Assembly shows how much importance it has always attached to the regional tier of government, the emergence and development of regional structures in member states and the desirability of such structures being recognised and even represented in the Council of Europe.

In view of the existence of an appropriate body for this purpose, viz the CLRAE, the Assembly has constantly urged that the regions be provided with a proper forum of their own, if possible an autonomous one, enabling them to discuss their common problems. Not until 1994, with the transformation of the old CLRAE into a Congress of Local and Regional Authorities of Europe and the setting up of a chamber of regions within its framework, did the regions finally obtain an opportunity to be represented in the Council of Europe in their own right alongside the local authorities.

Despite this improvement in the CLRAE's statutory position, the Assembly considers that there are still some unsatisfactory aspects which will prompt it to propose ways and means of further increasing the representativity of the Chamber of Regions.

2. The Committee of Ministers

Reference may be made here to the various bodies subject to or connected with the Committee of Ministers: the Committee of Ministers' Deputies, the Steering Committee on Local and Regional Authorities and the conferences of specialised ministers.

It should be recognised, even though this may not be its function, that the Committee of Ministers has never taken any decisions on the role and participation of the regions in the Council of Europe except under the impetus of other organs or bodies such as the Assembly and the CLRAE. Nevertheless, albeit with a certain delay and to a limited extent in many cases, the Committee of Ministers has mostly supported the various opinions and proposals aimed at granting the regions a higher degree of representation.

In this connection mention should first of all be made of the declaration adopted by the heads of state and government of the Council of Europe's member states at their Vienna Summit in October 1993. In this text the heads of state and government decided "to approve in principle the creation of a consultative organ genuinely representing both local authorities and regional authorities in Europe".

i. The Ministers' Deputies

Reference may be made to Resolution (61) 20 adopted by the Ministers' Deputies on 13 September 1961, by which the European Conference of Local Authorities (whose creation had been proposed by the Assembly in Recommendation 262) was set up, as well as to Resolution (70) 31, adopted by the Ministers' Deputies on 24 October 1970, containing a decision to create an intergovernmental committee called "committee on co-operation in municipal and regional matters".

Another important decision was embodied in Resolution (75) 4 of 19 February 1975, amending the charter of the European Conference of Local Authorities. In this resolution the Ministers' Deputies decided to transform the Conference of Local Authorities into a "conference of local and regional authorities of Europe". The Deputies specified that the Conference "shall ensure the participation of local and regional authorities in the achievement of the aims of the Council of Europe" and that it "represents the local and regional authorities of the member states within the Organisation".

Another very significant text was Statutory Resolution (94) 3 on the institution of the Congress of Local and Regional Authorities of Europe, adopted by the Ministers' Deputies on 14 January 1994. Here, in Article 4.2, it was specified that "the CLRAE shall exercise its functions with the participation of two chambers: one representative of local authorities (Chamber of Local Authorities) and the other representative of regional authorities (Chamber of Regions)".

This resolution also acceded to the requests made by the former CLRAE and the Parliamentary Assembly by acknowledging the separate natures and roles of local authorities and regions.

In more specific areas involving regional problems, mention may also be made of Recommendation No. R (85) 1 of the Committee of Ministers to member states on balanced regional development, adopted by the Ministers' Deputies on 22 January 1985, as well as Recommendation No. R (85) 19 of the Committee of Ministers to member states concerning regional statistics, adopted by the Deputies on 23 September 1985, where it was stated that the Council of Europe "is in need of a permanent system for observing the regions in Europe".

ii. The Steering Committee on Local and Regional Authorities (CDLR)

In 1970 (Resolution (70) 31), the Committee of Ministers set up an intergovernmental committee called the "Committee on Co-operation in Municipal and Regional Matters" by making the former ad hoc committee permanent. This committee, which later became the "Steering Committee on Municipal and Regional Matters", has since 1987 been entitled the "Steering Committee on Local and Regional Authorities" (CDLR).

The CDLR is composed of officials from the national ministries responsible for local and regional authorities. Its terms of reference include considering questions,which are covered by the responsibilities of local and regional authorities or which relate to regional policy.

This intergovernmental committee has published various reports and studies among which mention may be made of those entitled "Regional institutions and regionalisation in Europe" (1972 and 1974) and "Financial instruments and the role of finance in regional institutions" (1990). Other documents deal jointly with matters concerning local and regional authorities.

At present the CDLR is conducting an activity concerning the impact of regionalisation on local self-government.

iii. The Conference of European Ministers responsible for Local Government

The first Conference of European Ministers responsible for Local Government was held in Paris on 20 and 21 November 1975. It was followed by an ad hoc conference of the same ministers in Lisbon on 28 and 29 October 1977, which dealt with the development of the regional unit when discussing one of its themes, viz "reallocation of duties and resources between the various levels of government".

At the 6th conference (Rome, 6-8 November 1984) one of the themes discussed was "relationships between the various levels of local administration under a regional organisation". In their conclusions, the ministers recognised the importance of the regional level and proposed fostering "studies and activities whose purpose is the development of regional institutions".

The 10th and most recent conference was held in The Hague on 15 and 16 September 1993. It should be pointed out that both the Parliamentary Assembly and the CLRAE have regularly been represented at these ministerial conferences. In addition to participating in the working sessions, the members of the Assembly and the CLRAE traditionally have an opportunity to hold an exchange of views with the ministers at a specific colloquy held for that purpose during the conferences.

It may therefore be observed that regional problems have not really appeared on the agenda of the conferences of ministers responsible for the subject, despite the acknowledged importance of the regional level of government.

3. The Standing Conference of Local and Regional Authorities of Europe (CLRAE)

Following its early efforts to deal with questions relating to local and regional authorities, the Assembly decided to convene periodically a European conference of local authorities (comprising elected local representatives), which held its first session from 12 to 14 January 1957.

On 13 September 1961 the Committee of Ministers (Resolution (61) 20) granted permanent status to this European conference of local authorities on the basis of Article 17 of the Council of Europe's Statute as a body of an advisory and technical

nature.

On 19 February 1975 the Committee of Ministers (Resolution (75) 4) reformed the Conference's charter and transformed the Conference into a "conference of local and regional authorities of Europe", thus opening its membership to regional representatives.

Since then the CLRAE has been working for the development and recognition of European regions, as well as for co-operation between them, both within its own framework and by promoting inter-regional co-operation outside the Council of Europe. A working party on regional problems and regional planning was set up as early as 1967 and, with the reform of 1975, it was transformed into a specialised committee. Reference may be made here to various initiatives of the CLRAE, especially to some of its texts (opinions, resolutions) concerning regional questions, a subject discussed and developed ever since the CLRAE's inception.

—Re solution 12 (1960) on the concept of "region"He

Here the CLRAE put forward an initial definition of the term "region", which it proposed reserving for "territorial units smaller than states whose inhabitants have common interests of various kinds".

—Re solution 15 (1960) on the integration of natural regions astride frontiersHe

Here the CLRAE expressed its sympathetic approval of "the development of regional planning astride frontiers in various parts of Europe".

—Re solution 38 (1962) on European regional planningIn

In this text the CLRAE supported a proposal to set up a regional documentation centre.

—Re solution 45 (1964) on regional planning and the expansion of underdeveloped regionsTh

The CLRAE expressed the view here that regional planning should enable regional economies to find propulsion and potential within themselves. It laid down several principles endowing the regional level with its full significance, such as "the region is the unit best adapted to serve as a basis for efforts to end underdevelopment ..." and "the strengthening of regional structures is a prerequisite ...".

—Re solution 67 (1970) on the problems of regionalisation in EuropeIn

In this, one of its most important texts, the CLRAE began to lay down its criteria concerning regionalisation.

The CLRAE reverted here to the concept of region, stating that a region "is characterised by a historical, cultural, geographical and economic homogeneity, which gives the population a unity in the pursuit of common interests and aims", adding that "the institution of the region (should serve) only to give legal confirmation to a sociological reality".

The CLRAE also maintained that "regionalisation is essential if the wide economic and social disparities between the various parts of Europe are to be corrected", and that "regional autonomy means more than the decentralisation of the state administration. It implies election of the deliberative and executive regional authorities by direct or indirect universal suffrage ...".

Lastly, the CLRAE asked the Committee of Ministers to recommend "the establishment or maintenance of institutions of a regional character, having their own resources and access to equalisation grants, endowed with active powers in economic, political, social and cultural affairs and in the field of regional planning and headed by authorities elected, directly or indirectly, by the people".

—Op inion No. 17 (1974) on the regional policy of the European Economic CommunityIn

In this opinion the CLRAE called in question the Community regional policy on the ground that it confined itself "to the strictly economic prospects" and "totally (failed) to recognise the region as a living, human community". It also emphasised that "the institutionalisation of the region's personality is an imperative for every state".

—Re solutions 89 (1977), 99 (1978) and 108 (1979) on the regional policy of the Council of Europe member states and of the European institutionsIn

In these texts the CLRAE reviewed regional policies and made further recommendations to states and European institutions. In particular it asked that regional authorities be allowed to play an increasing role in the solution of their problems, and it reaffirmed that a genuine regional policy cannot be drawn up at European level without the regional authorities being regularly consulted.

—Re solution 117 (1980) on regional institutions in EuropeTh

This is another important text confirming the CLRAE's doctrine concerning regionalisation, which it defined as implying certain factors such as the establishment of large-scale territorial authorities with a comprehensive sphere of activity, elected representative assemblies and both legislative and budgetary powers.

The CLRAE also stated that "the powers of the regional authorities on all levels should not be confined to those matters which are assigned to them expressly by statute ... they should also have the right to take over new administrative functions on their own initiative ... they must have revenue at their disposal to allow them not only to carry out effectively, on their own responsibility, the tasks assigned to them by statute, but also to make appropriate use of their right to take over new functions".

The CLRAE concluded by declaring that "the municipalities and regional authorities are ... just as much parts of the 'state' and wielders of 'state authority' as the centrally-run administrative structures".

—Re solutions 122 (1981) and 141 (1983) on the regional policy of the member states of the Council of Europe and the European institutionsIn

In these texts the CLRAE addressed some proposals to governments, the Committee of Ministers and other European bodies.

—Re solution 156 (1984) on the Conference of the Regions of the European Community and the applicant countries, Spain and PortugalDe

Developing further its position on regional autonomy, the CLRAE expressed the opinion here that "regional autonomy implies more than the mere decentralisation of the state administration, entails the election by universal suffrage of a regional deliberating assembly and the existence of a regional executive answerable to it; and that regions should be vested with independent powers and assigned the administrative and financial resources necessary for their exercise".

It also emphasised "the importance of preserving and enhancing regional identity".

—Re solution 192 (1988) on regional or minority languages in EuropeHe

Here the CLRAE submitted to the Committee of Ministers a draft European charter for regional or minority languages. It expressed the view, in particular, that "the right of peoples to express themselves in their regional or minority language ... is an inalienable right" and that "the defence and promotion of regional or minority languages ... represent an important step along the road to a Europe based on the principles of democracy and cultural diversity".

—Re solution 226 (1991) on regional solidarityTh

This text referred, inter alia, to the Europe of regions and to the principle of subsidiarity. The CLRAE expressed the view that it was important to strengthen the participation of regions in its work and that the regions should be given a special place within its framework. It invited "the parliaments and governments of the states which still do not possess ... regional authorities to set them up".

—Re solution 227 (1991) on the external relations of local and regional authoritiesTh

This resolution postulated "the need to reinforce the role of local and regional authorities in the conduct of external relations" and proposed drawing up a preliminary draft convention on interregional co-operation to give a legal basis to relations other than transfrontier ones.

—Re solution 242 (1993) on the statutory improvement of the CLRAE and enhancement of the participation of regions and townsTh

This resolution called for an improvement in the CLRAE's statutory position and a reform of its charter, addressing some proposals to the Committee of Ministers to that end, including the first ever proposal to set up two sections: one for local authorities, another for regional authorities.

—Re solution 248 (1993) on inter-territorial co-operationWi

With this text the CLRAE submitted to the Committee of Ministers a draft convention on inter-territorial co-operation, as proposed in Resolution 227.

Parallel to its clear pronouncements on regions, their role in present-day Europe and regional policy, the CLRAE organised or co-organised various large-scale regional conferences.

In connection with regionalisation, mention should be made of the Convention of the Authorities of European Peripheral Regions (Galway, 14-16 October 1975). In the declaration adopted at this meeting, regions were called upon to gauge the importance of "an institutionalised collective representation of all the regions of Europe, representation which can take the form of a second assembly — a European Assembly of Regions".

In conjunction with the Parliamentary Assembly, the CLRAE then organised the Council of Europe Convention on the Problems of Regionalisation (Bordeaux, 30 January-1 February 1978). At this meeting stock was taken of regionalisation in Europe.

In the declaration adopted, the regional entity was described as "a fundamental element of a country's wealth" and the regions of Europe as "an irreplaceable and incomparable asset of European civilisation". It was proclaimed that "every European's right to his region is part of his right to be different", and the concept of region was defined as denoting "the largest territorial unit in each country".

Reiterating the terms of Resolution 156, the convention declared that "regional autonomy ... implies election by universal suffrage of a deliberative regional assembly and the existence of a regional executive which is responsible to it".

The convention laid emphasis on the cultural (legislative, administrative and financial) autonomy of regions. It expressed the view that the promotion of regional cultures was an indispensable element in the construction of Europe.

It concluded that "participation of the regions in a unified Europe should be achieved by the creation of a European second chamber composed of local and regional representatives".

Lastly, mention should be made of the Conference on "Regionalisation in Europe: Evaluation and Perspectives" (Geneva, 3-5 June 1993). In the final declaration adopted by the conference, it was emphasised that "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".

With regard to the European Union, it was acknowledged that "the regions have become one of the statutory pillars of European integration as a result of the inclusion of the principle of subsidiarity 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".

In respect of the Council of Europe, it was recognised that the CLRAE needed to be reformed so as to strengthen the position of regions and local authorities by the creation of two separate chambers. As regards the proposed regional chamber, it should prepare a "European charter of regional autonomy". The wish was also expressed that a European convention on inter-territorial co-operation be adopted as soon as possible.

Another important aspect of the CLRAE's activity, sometimes conducted in conjunction with the Parliamentary Assembly, is the holding of sectorial interregional conferences. This enables the representatives of certain types of regions possessing common characteristics to be periodically convened in order to pool their experience and ideas. Among these conferences, mention may be made of those involving:

—fr ontier regions (the first of which was held in 1972 and the 6th and most recent in Ljubljana in October 1994);—

—mo untain regions (since 1978 in the case of the Alpine regions and since 1982 in the case of the Pyrenean regions; the 3rd and most recent was held in Chamonix in September 1994);—

—Me diterranean regions (the first was held in 1985 and the 3rd and most recent in Taormina in April 1993);—

—is land regions (the first was held in 1981 and the 3rd and most recent at Mariehamn in June 1991).4.

4. The Council of Europe's conventions

i. The European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (1980)

Following various proposals, notably that of the Parliamentary Assembly in its Recommendation 470 (1966) on European co-operation between local authorities, the Committee of Ministers adopted its Resolution (74) 8 on co-operation between local communities in frontier regions. At their first meeting (Paris, 1975), the European Ministers responsible for Local Government proposed preparing a European outline convention. A draft convention was submitted to the Committee of Ministers in 1977, which then referred the text to the Assembly, and the latter adopted a favourable opinion thereon (Opinion No. 96 (1979)). The Committee of Ministers opened the outline convention for signature at the 4th Conference of European Ministers responsible for Local Government (Madrid, 21-23 May 1980).

The aim of the convention is to foster transfrontier co-operation and contribute to the economic and social progress of frontier regions. It proposes various forms of transfrontier co-operation based on proposed model agreements meeting the different co-operation needs.

ii. The European Charter for Regional or Minority Languages (1992)

An interest in the subject of regional or minority languages was expressed by the Parliamentary Assembly in two texts: Recommendation 285 (1961) on the rights of national minorities and Recommendation 928 (1981) on the educational and cultural problems of minority languages and dialects in Europe. The CLRAE, for its part, began work on the subject in 1984, which resulted in a draft charter as set out in Resolution 192 (1988). After being examined by the Committee of Ministers, the charter was opened for signature in Strasbourg on 5 November 1992.

The purpose of the charter is to protect and promote regional or minority languages as a threatened aspect of the European cultural heritage. It seeks to protect and promote languages rather than linguistic minorities. Stress is laid on the cultural dimension and the use of language in all aspects of life (education, justice, administration, public services, media, cultural activities and facilities, economic and social affairs).

iii. Draft conventions (inter-territorial co-operation, regional self-government)

In its Resolution 248 (1993), the CLRAE proposed to the Committee of Ministers a draft convention on inter-territorial co-operation between territorial communities or authorities. The draft has been supported by the Parliamentary Assembly (Opinion No. 173 (1993)) and is now before the Committee of Ministers. It is aimed at supplementing and enlarging the scope of the Outline Convention on Transfrontier Co-operation by permitting co-operation beyond frontiers between non-adjacent regions.

It should be remembered in this connection that at their Vienna Summit in October 1993 the heads of state and government of the Council of Europe's member states urged the Organisation "to pursue its work (in the field of transfrontier co-operation) and to extend it to co-operation between non-adjacent regions".

Moreover, following a proposal by the Conference on "Regionalisation in Europe: Evaluation and Perspectives" (Geneva, June 1993), the Congress of Local and Regional Authorities of Europe adopted Resolution 8 (1994) in which it invited the Chamber of Regions and the Chamber of Local Authorities to draw up a "European charter of regional autonomy" in co-operation with the Parliamentary Assembly.

III. The Congress of Local and Regional Authorities of Europe

1. The reform

As already mentioned, in their declaration of 9 October 1993 (Vienna Summit) the heads of state and government of the Council of Europe's member states approved the principle of creating a new consultative organ genuinely representing both local and regional authorities in Europe. They thus implicitly decided on a reform of the former Standing Conference of Local and Regional Authorities of Europe.

On 14 January 1994, following this declaration, the Committee of Ministers adopted Statutory Resolution (94) 3 establishing the Congress of Local and Regional Authorities of Europe (CLRAE) as well as the new Congress's charter.

The aim of this reform, long recommended by the Standing Conference and supported by the Assembly, was to re-evaluate the CLRAE's political role and grant it greater autonomy by making it a statutory body instead of a mere group of experts under Article 17 of the Council of Europe's Statute, as had previously been the case.

The main innovation in relation to the former CLRAE was to make the Congress more representative by creating two separate chambers for regional representatives on the one hand and local representatives on the other (Article 4.2 of the statutory resolution and Article 6.1 of the charter), still within a single structure.

The legitimacy of the new Congress was also partly improved by the placing of restrictions on the mandates (elective nature) of the representatives (Article 3.1 of the statutory resolution and Article 2.1 of the charter). Contrary to the situation under the old charter, officers of organisations or associations of local and regional authorities are no longer able to become members of the Congress.

2. The Chamber of Regions

The Assembly, for its part, reiterates its satisfaction and welcomes this development which, in accordance with its wishes, has finally led to the creation of a representative organ specific to regions.

It should be noted, however, that, in order to keep a balance between the two chambers, they may both comprise in theory — and do comprise in practice — the same number of representatives from the thirty-three member states. The first transitory provision of the charter authorises, on a temporary basis (this provision is to be reviewed after a six-year period), "states which do not possess regional authorities ... (to) appoint to the Chamber of Regions ... elected representatives of local authorities or of regional associations of local authorities".

Moreover, it is planned to convene the chambers only once a year, on the occasion of the Congress's plenary sessions. The reason for this is probably a budgetary one, as the representatives' participation costs are borne by the Council of Europe's budget (fourth transitory provision of the charter). However, one annual meeting does not seem either sufficient or satisfactory to enable the chambers to function smoothly, particularly the Chamber of Regions, whose members would no doubt be prepared to pay for their own participation as in the case of the Parliamentary Assembly, which had incidentally proposed such an arrangement.

The operating difficulties inherent in these single annual plenary sessions will be all the greater as the chambers do not possess a standing committee able to ensure continuity or follow-up for their proceedings. A standing committee exists in practice only at Congress level and is therefore composed of representatives of both chambers.

3. First Session (31 May-3 June 1994) and texts adopted: procedure for examination by the Assembly

Because of the CLRAE's reform, the Bureau of the Assembly had to draw up a new procedure for examining texts adopted by the Congress. For that purpose the Bureau consulted the relevant committee (Committee on the Environment, Regional Planning and Local Authorities), whose proposals it accepted.

It is this committee that, as before, will co-ordinate the examination exercise whenever other Assembly committees are affected by this or that text. Moreover, the Assembly will be free to express its views, or refrain from so doing, on texts adopted by the CLRAE in the light of its own interests, contrary to past practice and procedure whereby the Assembly always received texts for an opinion before they were examined by the Committee of Ministers. In future, the Assembly will also carry out a more political assessment of the CLRAE's sessions.

In connection with this first application of the new procedure, the Assembly wishes to reiterate its political support for the new Congress and assure it of its desire to co-operate with it in developing local democracy and regionalisation. The Assembly will nevertheless keep an eye on the CLRAE's functioning in order to satisfy itself that the objectives of the reform (improvement of the CLRAE's statutory position and enhancement of its political role through improved representativity and greater legitimacy) are being achieved.

At its first session, the Congress experienced some malfunctionings of the kind which characterise the teething period of any new institution. In this particular case it should be remembered how many difficulties had to be overcome in order to implement the CLRAE's new structures and what delicate balances it was necessary to maintain.

This partly explains the difficult transition from the old system to the new one, which could, however, have been avoided if greater political courage, more ambition and less conservatism had been shown. Thus a cleaner break ought to have been made with the old CLRAE, for example with regard to the current business. This should have been completed by the old organ and, if appropriate, adopted by the CLRAE's Standing Committee. The Congress would thus have been able to start on a new basis with an inaugural session where only purely institutional and administrative questions would have been dealt with.

In this connection the Assembly wishes to make some critical comments with a view to facilitating the development and permanent establishment of the Congress. These comments are made in a constructive spirit and in line with certain proposals already made by the Assembly in the past, notably during the preparation of the Congress's new structures.

—A first surprising aspect is the very composition of the chambers, which, under Articles 2.3 and 6.1 of the charter ("... Substitutes shall be members of the chambers in the same capacity as representatives"; "... Each chamber has at its disposal a number of seats equal to that of the Congress itself"), have as many members as the plenary congress itself, thus distorting the role of the substitutes, who are expected to perform the same functions as the representatives. It would seem only logical that each of the chambers should have only half the plenary congress's number of members, with the substitutes acting as genuine replacements.—

—Th e composition of the Chamber of Regions also seems open to criticism, as already mentioned, inasmuch as the representatives of genuine regions continue to sit, albeit it temporarily, alongside those of other types of authorities. For a period of six years, which seems excessive from all points of view, the first transitory provision of the CLRAE's Charter enables states that have no regional authorities to appoint "representatives of bodies ... made up, on a regional basis, of elected representatives of local authorities or of regional associations of local authorities".It

It did not seem politically acceptable that certain member states might not be represented in one of the chambers, that is, the Chamber of Regions (the problem does not arise in respect of local authorities), but the solution adopted is detrimental to the regions themselves, whose demand for a body of their own it was wished to satisfy. The result is if that such states as Liechtenstein, Luxembourg or Malta, which have no regions and no doubt never will, are represented in the Chamber of Regions.

The solution adopted does not seek viable in the long run, as there is a danger of re-creating some of the very difficulties that had led to the chambers being set up. The Assembly, which had already supported the creation of a purely regional body, would therefore be in favour of shortening the stipulated six-year period as far as possible (to three years at the most) and limiting representation solely to genuine regional authorities from then on.

This would mean that the Chamber of Regions would be under-represented in relation to the other chambers when both were sitting as a congress or, to avoid this, that certain member states would be over-represented in the Chamber of Regions (as well as in the plenary congress) in order to compensate for the imbalance, which does not seem either equitable or politically acceptable.

Further thinking is therefore called for on this subject, but without leaving things as they stand at present. Some imagination and political will should be shown forthwith in order to provide regions with a structure with which they can fully identify, whether it be all regions or only those possessing legislative powers.

—An other difficult, as well as long-standing question, is that of the elective nature of the CLRAE's representatives. Although, as stated earlier, there has been a significant improvement in comparison with the old charter, Article 2.1 of the new charter still accepts the mandate of "a person directly responsible to an elected local or regional body". It is true that the mandates of association officers are no longer accepted, but the fact remains that, here too, the reform did not go as far as would have been desirable.Th

The Assembly, which has already expressed its views on this subject in the past, is still in favour of CLRAE representatives' holding an elective mandate in the strict sense. If the Congress's full political legitimacy is to be ensured, it ought to be composed of elected representatives who have stood for election and submitted themselves to the electorate. The acceptance of mandates of "persons directly responsible" might result in the weakening of the Congress. Direct responsibility to an elected organ is politically legitimate and perfectly respectable, but it will never enjoy the representativity conferred by universal suffrage.

Merely to give an example, without in any way calling in question the legitimacy or competence of the person concerned: some might be surprised that the office of President of the Congress should have been assigned precisely to a non-elected representative, whereas his main task is to lead a new body based on increased political representativity.

—An other aspect to which the Assembly attached importance was the funding of the CLRAE. It repeatedly urged that representatives' participation should be financed by the members themselves, not by the Council of Europe's budget. Here too, it seemed that a new arrangement should go hand in hand with the Congress's new autonomy.Th

This was not, however, the solution adopted for, albeit on a temporary basis, the fourth transitory provision stipulates that "the costs of participation of representatives (...) are covered by the budget of the Council of Europe".

As this provision is to be reconsidered after three years, the Assembly emphasises that the greater political autonomy acquired by the Congress should be combined with financial autonomy eliminating the dependence characterising the former CLRAE as a committee of experts governed by Article 17 of the Council of Europe's Statute.

—Th e Assembly is also surprised that at the opening of the Congress's first session such an important procedural step as the examination of credentials — a matter of obvious political significance for a new assembly — should have taken place after the elections to the various presidencies of the Congress and the Chambers. It would surely have been more proper from the procedural point of view to reverse the order of things so as to obviate any calling in question of certain representatives' mandates.In

In this connection, in order to avoid certain problems of interpretation concerning representatives' mandates, it would be wise if, at its very next plenary session, the CLRAE were to verify, in accordance with its rules of procedure, the national appointment procedures, as provided for in Article 3.1 of the charter. For the first session, as there were still no rules of procedure, these procedures were approved by the Committee of Ministers on an exceptional basis.

Such verification will no doubt make it possible to clarify the situation regarding certain national appointment procedures which have been criticised. Furthermore, the Assembly hopes that the examination of credentials will be carried out with all due rigour and that any representatives about whose conformity there is the slightest doubt or whose names were notified after the stipulated time limit will not be accepted.

—Wi th regard to the Congress's new structures, Articles 5, 7 and 8 of the charter provide that each Chamber shall elect a Bureau and that the CLRAE shall have a bureau (composed of the bureaux of the two Chambers) and a standing committee.To

To facilitate the Congress's business, especially as it is at present envisaged holding only one plenary session a year (Article 5 of the charter), it would seem relevant to provide for the creation of a standing committee for each of the two Chambers. These standing committees could ensure the continuity of the Chambers' business between sessions.

The planning of additional sessions for the two Chambers, if not for the Congress, would no doubt facilitate the establishment of the new Congress, which, like any new structure, requires a period of "running in" and adjustment which would be made easier by the holding of more regular meetings.

Moreover, the decision to abolish the specialised committees that existed in the old CLRAE and to replace them by ad hoc working groups (Article 9.1 of the charter) with specific terms of reference seems to raise some technical difficulties of implementation, mainly on account of their number.

To avoid causing blockages in the functioning of the Congress and the carrying out of the various activities, the Assembly feels that it would be appropriate either to limit the number and lifetime of the working groups more strictly or to revert to the traditional arrangement of committees specialising in major fields of activity.

As regards the texts adopted by the Congress, the Assembly wishes to comment on the following:

—Re commendation 6 (1994) on the Conference on "Regionalisation in Europe: Evaluation and Perspectives"Th

The Assembly intends to continue its work on regionalisation, especially in the context of Greater Europe, if appropriate in partnership with the CLRAE. The Committee on the Environment, Regional Planning and Local Authorities is particularly interested in studying relations between assemblies at national level and those at regional level. It also proposes to establish contacts with regional parliaments possessing legislative powers.

—Re commendation 7 (1994) on regional/spatial planning prospects in the new EuropeTh

The Assembly shares the CLRAE's views, which partly tie in with those it itself expressed in the documents it submitted to the last Conference of European Ministers responsible for Regional Planning and its Committee of Senior Officials. It believes that some of the proposals in this recommendation might be developed jointly with the Congress (planning policy in the new Europe, organisation of a pan-European regional/spatial planning forum, network of European spatial planning institutes). The Committee on the Environment, Regional Planning and Local Authorities will be presenting a report on this subject at a forthcoming meeting of the Assembly's Standing Committee.

—Re solution 1 (1994) on the rules of procedure of the CLRAE and Resolution 5 (1994) on verification of credentials of representatives and substitutes to the CLRAETh

The Assembly, referring to its comments set out above, suggests that proposals for amending the charter be submitted at the next session and that the procedure for revising the rules of procedure be initiated accordingly.

With regard to the verification of credentials, it cannot but emphasise the rigour with which the Bureau of the Congress should examine the official procedures for appointing national delegations as well as the credentials of all members of the CLRAE.

—Re solution 8 (1994) on the Conference on "Regionalisation in Europe: Evaluation and Perspectives"Th

The Assembly regards the proposal to draw up a "European Charter of Regional Autonomy" as interesting, is grateful to the CLRAE for inviting it to take part in the working group responsible for drafting such a charter and indeed intends to contribute to the group's proceedings.

—Re solution 9 (1994) on regional/spatial planning prospects in the new EuropeTh

The Assembly holds the same views as the CLRAE and is itself making a study of the new prospects for regional/spatial planning on a continental scale. It is fully prepared to initiate the preparatory work proposed by the CLRAE, and indeed intends to take part in the working group set up by the CLRAE for that purpose.

IV. Conclusion

Political developments in Europe have in most countries led to the creation of regional or intermediate levels of government. This was ascertained at the Conference on "Regionalisation in Europe: Evaluation and Perspectives" (Geneva, 3-5 June 1993).

In some of these countries (federal or regionalised), the regions have acquired unquestionable importance and political weight, particularly as a result of the powers they exercise, often exclusively.

The regions are contributing to the construction of Europe in the same way as states and on the basis of their own powers and capacities. This contribution and the increased political role of the regions concerned have been recognised by the European institutions, whether it be the Council of Europe (Chamber of Regions) or the European Union (Committee of the Regions).

Nevertheless, as far as the Council of Europe is concerned, and despite the reform of the CLRAE, the regions do not yet possess an assembly where they, and they alone, could meet amongst themselves. This is particularly true in the case of regions possessing legislative powers.

Some progress and, no doubt, further reforms are therefore still needed in order, on the one hand, to provide regions with a framework all of their own where they can deliberate without any interference and, on the other, to ensure that the Council of Europe retains its full character as an Organisation of democracy at all levels, particularly at that of local and regional democracy.

As regards the establishment of the Congress of Local and Regional Authorities of Europe, certain normal difficulties of adjustment are due to the process of transition from the former single-chamber CLRAE, working through committees, to the new Congress comprising two chambers and a large number of working groups.

However, to ensure that the Congress gets off to the good start ardently desired by the Assembly, some additional reforms will need to be carried out as soon as possible. Moreover, to consolidate its credibility, the Congress should make a point of strictly applying the provisions of its charter and rules of procedure.

The Assembly, for its part, will continue to see to the participation of regions in the Council of Europe as a whole and in the CLRAE in particular. It urges the Committee of Ministers and the CLRAE to facilitate such participation by all appropriate measures.

It will also continue to support the Congress in its new task, in a spirit of complementarity and harmonious co-operation.

Reporting committee: Committee on the Environment, Regional Planning and Local Authorities.

Budgetary implications for the Assembly: none.

Reference to committee: Doc. 6390 and Reference No. 1721 of 11 March 1991.

Draft recommendation, draft resolution and draft order adopted by the committee on 9 January 1995.

Members of the committee: MM. Parisi (Chairman), Ruffy, Lord Newall (Vice-Chairmen), MM. Bachna, Bernardini, Bianchi, Gudmundur Bjarnason, Mrs Blunck, MM. Bonrepaux, Brennan, Briane, Büchel, Mrs Ciemniak, Mr Demiralp, Mrs Dromberg, MM. Eversdijk, Feldmann, Mrs Graenitz, MM. Grau, Hadjidemetriou, Hardy, Johansson, Jung, Mrs Kaliská, MM. Korakas, Kukk, Lanner, Lie, Magnusson, Mrs Melandri, MM. Monfils, Motiu, Mozetič, Pinto, Pottakis (Alternate: Sofoulis), Požéla, Redmond, Reis Leite, Mrs Robert, Mr Rott, Mrs Sanchez de Miguel, MM. Sarens, Mrs Severinsen, MM. Špaček, Szabo, Szymański, Talay, Theis, Toshev, Vella, Mrs Verspaget (Alternate: Mr Blaauw), Mr Zierer.

N.B. The names of those who were present at the meeting are printed in italics.

Secretaries to the committee: Mrs Cagnolati-Staveris and Mr Sixto.