| For a clear delineation of competences: a demand to the Constitutional Convention JEF’s demand to the Convention, Brussels, 15 April 2002
The European Union is too complex and bureaucratic. Citizens find it difficult to understand, and accountability and transparency in decision-making – fundamental principles of democracy – are often lacking. This leads to fears of a Brussels super-state. These fears have to be tackled. It is only with the support of the citizens that the European project can be a success.
The current allocation of competences, the result of repeated negotiations and political compromises, lacks consistency. The system by which competences are allocated in order to fulfil the aims and goals of the EU causes conflicts on competence between the different levels and is not transparent to the public. The principle of subsidiarity as it is laid down in the treaty has failed in preventing this process. A federal Constitution must comprise a system which allocates clearly the competences of the different levels, regulating matters on the European level and maintaining the diversity of Europe.
The Young European Federalists are convinced that decisions should be taken as close as possible to the citizen. We therefore demand a division of competences which maintains this principle, enhancing the democratic nature of the European Union.
In the modern, highly interdependent world, achieving a strict delineation of competences is illusory. There should be a distinction between exclusive European competences, mixed competences, and those which should remain at the national level. Within the area of shared competences, the EU should be responsible for framework regulation, leaving to the member states the responsibility for formulating the detailed regulations.
Therefore JEF demands the Convention to introduce:
1. A change in the system of goal- and aim-orientated allocation of competences towards an allocation which indicates for each policy the respective exercising level.
2. The introduction of a Charter of competences which comprises the exclusive and the shared competencies of the EU and the exclusive competences of the member states. This Charter should be based on the principle of proportionality and the principle of mutual obligation.
3. For each competency, decision-making, accountability and fund raising should take place at the same level.
4. Within the field of shared competences the division of the legislation into framework-regulation on European level and the more detailed legislation for the lower levels. ("Principle of proportionality")
5. The introduction of a mutual obligation for both levels to act in respect of the other level as guideline for legislation ("Principle of mutual obligation").
6. The change of the current principle of subsidiarity, to ensure that competencies are expressed at the level as close to the citizens as possible, laid down in an easily-understandable catalogue.
7. The creation of a body composed of national and European parliamentarians to decide conflicts of competence. This chamber would allow the integration of the national parliaments in the framework of the EU-institutions.
JEF Europe
mailto:info@jef-europe.net Information uploaded by Maarten Linden on February 04, 2003 12:42 PM
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