Right of reply

On the face of it, subsidiarity isn’t the most exciting subject in the world but, as Martin Banks reports, the much-maligned principle is set to get a significant boost under the Lisbon treaty

If you carried out a poll in the street to canvas people’s views on subsidiarity, Luc Van den Brande wouldn’t be surprised if fewer than one in ten people were to say that they knew what it means or were in a position to say whether it’s important. But the Committee of the Regions president says that if you bother to explain what it means in everyday language –  that is, that decisions should be taken at the local, regional or national level of government unless a pan-European approach is going to be more effective  – then “far more” people will have a view.

“When they know what subsidiarity signifies, people do regard it as an important issue in my experience. They realise that ensuring that all levels of government have a stake in the decision-making process is at the heart of democracy, accountability and transparency.” As the Belgian explains, the Lisbon treaty, set to come into force in January 2009, will give the CoR an enhanced role in monitoring subsidiarity because it introduces a stricter regime to bolster subsidiarity compliance.

“The treaty meets one of the committee’s long-standing demands – the right to bring an action before the European court of justice (ECJ) to seek the annulment of an EU law which does not comply with the principle of subsidiarity. The right of action – also granted to national parliaments – reinforces the CoR’s institutional position and will increase its ability to foster a culture of subsidiarity and better regulation in the EU. If we succeed in fostering this culture, we will tackle subsidiarity issues at the earliest stage of the legislative process and avoid having to resort to legal action later on.”

Leaders of the governments and parliaments of 75 regions with legislative powers gathered at the CoR’s offices in Brussels on 19 May for a conference focused on the implications of the treaty for implementation of the principle of subsidiarity. Van den Brande, a former lawyer, says it will be a priority for the CoR to ensure that subsidiarity is “mainstreamed” throughout its political work.

In practice he says this means we will ensure that opinions will address the issue of subsidiarity whenever it’s relevant. “We will ask the question, ‘Is this something the EU really needs to be doing or is it a matter better left to the local/regional/national level?’ This is, above all, a political approach. But we are also following advice from the ECJ itself. I particularly recall the feedback we received from ECJ judge Christiaan Timmermans at our extraordinary bureau meeting in Luxembourg back in 2005. He indicated that the admissibility of an action at the ECJ on subsidiarity grounds would probably depend on the CoR having already raised the issue of subsidiarity in an opinion on the specific matter in question.”

Van den Brande, a CoR member since 1994, says there is also a role for the CoR in relation to the treaty’s subsidiarity control early warning procedure. “The treaty introduces an early warning procedure, which gives national parliaments the right to raise subsidiarity concerns with the European commission in relation to proposed EU legislation. The warning can take the form of a ‘yellow card’ or an ‘orange card’. Any parliament or chamber has up to eight weeks from the date of transmission of a draft legislative act to submit a reasoned opinion, stating why it considers that the proposal breaches the principle of subsidiarity.”

So does all this mean we can expect to see the CoR regularly launching annulment proceedings at the ECJ? Van den Brande, a former minister for employment in Belgium, says that regular court cases are unlikely. “We are committed representatives of local and regional authorities, but we are committed Europeans too. We are not looking to undermine the EU decision-making process, but to improve it. A culture of subsidiarity means better law-making. We want to convince our partners that a subsidiarity approach is in everyone’s best interest.

“That’s why we are looking to strengthen cooperation with national parliaments and the conference of community and European affairs committees of parliaments of the EU (COSAC), the regional parliaments with legislative powers, the European parliament, the conference of European regional legislative assemblies (CALRE), and the conference of European regions with legislative power (REGLEG).”

Van den Brande, CoR president since February 2008, also sees a role for the committee in terms of the treaty’s right of citizens’ initiative. The centre-right politician underlines the increasing importance of subsidiarity in the European multi-level system of governance. “Under the right of citizens’ initiative, one million citizens from a ‘significant number’ of member states will be entitled to invite the commission to take a specific action. This will strengthen democracy within the EU and sends the right signal to our citizens.

“It’s an opportunity for everyone to be involved in the European democratic process. I think that regional and local authorities, as the political representatives closest to citizens, will also see this as an opportunity to support public participation. There is a potential for the CoR to encourage and coordinate initiatives of this sort.”