Opinion about the debates of the Convention

On the debates and the contributions to the works of the Convention, The European Association of the Elected representatives from Mountain Areas (AEM) notices that the question of territorial diversity is clearly withdrawn in comparison to other topics, and that the specifics of the mountain areas have not been considered at all.

The discussions have mainly been focused on subjects related to the Institutions and foreign relations, leaving behind the debate on the role of the local and regional authorities.
By excluding a work group specific to the local and regional aspects of European governance, the organization of the debates may have buried the issues of territorial cohesion completely, where it not for the contact group “Regional and local authorities” that has partially revived it.

To this day the territorial question remains erratic. Yet, implicitly or explicitly, it is a recurring one in the external contributions as well as in those of some members of the Convention.

Thus the opinions of certain working groups such as Subsidiarity, Complementary Competencies, National Parliaments, Simplification or Social Europe can relate to AEM as an European association of authorities from mountain territories. Yet no member of the Convention has ever spoken explicitly neither about mountain specifics, nor about structurally handicapped areas (mountains, islands and sparsely populated areas). The recognition of territorial diversity and its consequences in terms of cohesion have only been treated by external contributions coming mainly from groups of local and regional authorities.

Proposals

AEM wishes to see the subject of territorial diversity tackled by the Convention members through the themes of subsidiarity, proportionality, general interest services and economic and social cohesion. Indeed, the recognition of the territorial diversity principle, and consequently the inscription of territorial cohesion as a complement of the economic and social cohesion objective, is a transversal subject which spans several issues.

Referring to the first draft of the constitutional treaty presented during the plenary session of October 28th, 2002 by President Giscard d’Estaing, AEM wishes to see added:

in the constitutional architecture, title I, article 1, subparagraph 3: the recognition of the plural character of the Union, the diversity of its people, its territories, its languages, its cultures, the regions and the Member States.
in the constitutional architecture, title I, article 3: the promotion of economic, and social, and territorial cohesion.

Hence the European Union - or United Europe - must reinforce its prosperity and solidarity objective within the Community. To this objective, which has been achieved through economic and social cohesion, must be added the principle of territorial cohesion, its objective being that of promoting equality for all European citizens regardless of where they live.

The acknowledgement of the diversity of the geographical and demographic conditions, particularly those to be found in structurally handicapped areas, must guarantee that all citizens have equitable access to the economic and social services of general interest, and that the conditions of optimal competition between the territories of the Union are ensured.

This territorial cohesion objective must be developed through a cohesion policy specific to its transversal dimension, primarily targeting those territories subject to demographic and geographical constraints. This Community policy must be directed to the poorest European regions, as well as to other areas by means of broad political objectives, one of which would be intended for those territories with demographic and geographical constraints.

In addition, the issues of competition policy and particularly of State aid with regional purpose must abide by this principle in order to avoid all discrimination as defined by the European Court of Justice: “A discrimination consists in treating differently situations which are identical, and in treating in an identical way situations which are different” (Wagner Ruling, 23rd of February 1983).
Territorial cohesion must thus be implemented through the proportionality and the subsidiarity principles central to the Community legislation. In this way, the specifics of the territories will allow regulations and directives to be adapted to the local diversities.

This remark brings us to the question of good European governance : it is time to bring Europe closer to its citizens, to clarify the roles and responsibilities at all levels of government and to support the inter-institutional partnerships, in particular on those policies with a strong territorial impact, and to develop tripartite contracts between the Commission, the Member State and the Region on an equal basis. The role of regional and local authorities in the Community decision-making process must be made transparent, simplified and institutionalised, mainly through the involvement of the Committee of regions.

It is necessary to reinforce the consultation of the national Parliaments in particular through the Congress of the European people. It is also necessary to strengthen the partnership with the regional and local authorities and, specifically, with the elected officials legitimately and democratically carrying the aspirations of the populations. To that end, it is necessary to support the participative democracy and the work of the elected officials through their regional, interregional, national and European associations.

Annex: Commune call from AEM, the CPMR Islands Commission, Euromontana.

CALL FOR THE INCLUSION OF A TERRITORIAL COHESION OBJECTIVE IN THE CONSTITUTIONAL TREATY

As the European Convention undertakes “to establish a new framework and structures for the European Union which are geared to the needs of the citizens of Europe and the future development of the European Union”, it seems essential that the Convention members take into account one of the Union’s most obvious realities: that of the diversity of its territories and of the way they are being populated.
Representing the political and socio-economic interests of islands and mountain regions – in other words, of those territories of the EU which are amongst the most exposed to geographic or demographic constraints – the signatories of this appeal (European Association of Elected Representatives from Mountain Areas, “Islands Commission” of the Conference of Peripheral Maritime Regions, Euromontana) ask the European Convention to recognize the need for an adapted treatment of their territories.
The signatories:
Draw the attention of the Convention members to the fact that factors such as isolation, desertification, and severe climatic or geomorphologic conditions result in handicaps with multiple consequences that are of a permanent nature (reduced mobility for the population, limited access to goods and services, increased cost of public and private infrastructure, restricted size of local markets, limited productivity, etc.).
Recall that if the European Union is a “single area” in economic terms, it nevertheless is not homogeneous in terms of geography and population, and that the capacity of its citizen to enjoy the four fundamental freedoms upon which is has been founded – freedom of movement of people, of goods, of capital and of services – is indivisibly related to the characteristics of the land they live in.
Also recall that many Community policies have, directly or indirectly, a considerable territorial impact (e.g.: transport policy, the common agricultural and fisheries policies, regional policy, competition policy, environmental policy etc.) and submit that it would be beneficial if they were adapted to specific regional conditions.
Stress that, without a legal basis which promotes the acknowledgement of those territorial differences that exist within the Union, there is a risk of seeing such policies maintain, or even aggravate discriminatory situations, such as have been defined by the European Court of Justice: “A discrimination consists in treating differently situations which are identical, and in treating in an identical way situations which are different” (Wagner Ruling, 23rd of February 1983).
Proposal:
The signatories consequently request the Convention to seize the opportunity presented by the reshaping of the legal foundation upon which the European Union rests to introduce provisions aimed at instituting an equality of treatment between territories, so as to limit the risk of such discrimination; bearing in mind that such discrimination is a potential source of political and social friction which may in turn affect adversely the Community’s consolidation, as well as its safety and security.
To that effect, they wish to suggest in particular – and without prejudice for other measures – that an objective of territorial cohesion, aiming to establish a principle of equity amongst the European citizens wherever they live, be included in the Union’s fundamental aims, side by side with the objectives of social and economic cohesion.
They consider that a commitment to territorial cohesion’s would promote the provision of equitable condition of access to public interest services to the Union’s inhabitants, and of optimal capacity for competitiveness to all its territories, bearing in mind in particular the diversity of their geographic or demographic condition.
They consider that their own areas will then be able to fully exploit and develop their assets which comprise their environment, in terms of landscape, cultural heritage, ecology and quality of life, and their know-how and capacity to provide authentic products distinguishable from those of mass production, in this way responding to the expectations of our society.
A.E.M – CPMR Islands Commission - EUROMONTANA

Association Européenne des Elus de Montagne
Associazione Europea degli Eletti della Montagna
Associação Europeia dos Eleitos de Montanha
Europäische Vereinigung der Gewählten von Bergregionen
Asociacion Europea de Autoridades Politicas de Regiones de Montaña
European Association of Elected representatives from Mountain Areas

Contact: mailto:aem@promonte-aem.org; http://www.promonte-aem.org/
AEM
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