Row looms over CoR's new powers

By Martin Banks - 26th November 2009

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A political row is looming over new "nuclear bomb" powers given to the Committee of the Regions by the Lisbon treaty.

Under the recently-ratified treaty, the Brussels-based CoR will have the right to go to the European court in cases where it is considered that draft EU legislation infringes the so-called subsidiarity principle.

However, the main political groups within the institution are divided on whether the CoR should enforce its new right.

Social Democrat members, who are in the minority, are reluctant to invoke the power, fearing it might lead to unnecessary conflict with the commission and member states.

But the CoR's EPP representatives feel it should be enforced at every appropriate opportunity.

The matter will come to a head at the CoR plenary on 3 and 4 December when the committee will decide its position.

A CoR insider said, "The subsidiarity issue is like a nuclear bomb – it is good to have it but most people do not want to use it."

Cases where the subsidiarity principle might be cited by the CoR include immigration and urban transport policy and trans-border issues.

According to the source, taking a case to the court, based in Luxembourg, is seen as a "high risk" strategy because of the possibility of it failing.

"It is for that reason that the CoR has formed a 'subsidiarity monitoring platform' with certain member states, including France, Italy and Germany," said the official.

The CoR will enjoy other new powers when the treaty comes into force on 1 December, including the right to be consulted by the commission before the executive tables a legislative proposal.

Though the CoR has no formal role in the matter, its members will also seek to influence the make-up of the new commission.

It hopes to be invited to some of the parliamentary hearings of the commission nominees in the New Year and has drawn up a series of policies it says each nominee should address.