The latest draft of the EU Constitution includes three key positions of the AER, which we have consistently brought to the attention of the Convention members.
- Subsidiarity: this principle has been extended and now explicitly refers to both “the regional and the local level” [Article I-9(2)] – the new extended definition now requires the Union to assess whether policy objectives can be sufficiently achieved at the regional or local level, before taking action in areas not within its exclusive competence – the AER has been steadfast in demanding for the inclusion of the regions within subsidiarity. In all previous texts, subsidiarity has only applied between the Union and the Member States
- Where the Constitution provides a role for national parliaments, this role is explicitly granted to “both chambers” in the case of bicameral parliamentary systems (‘early warning system’) [paragraph 7-Protocol on the role of national parliaments in the EU]
- Each chamber can request their respective Member State to bring an action before the Court of Justice for infringement of the principle of subsidiarity [paragraph 7-Protocol on the application of the principles of subsidiarity and proportionality]
These revisions constitute significant steps towards the constitutional recognition of a role for the regions within the Union. The AER will continue to promote the regional position to the Convention.
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