Active subsidiarity: a fundamental principle in the EU Better regulation agenda
Opinion factsheet
On this page
- Constitutional and Institutional Affairs
- European treaties
- Principle of subsidiarity
- Regulatory policy
- Vision of Europe
Opinion number:
CDR-5624-2023
Status:
Adopted
Objective
• Coming at a crucial moment in light of the European elections and of the kick-off of a new institutional term, the opinion aimed to contribute to the inter-institutional debate on how the EU decision-making and legislative processes can keep pace with strategic, democratic and institutional challenges ahead.
• Furthermore, the opinion also followed up on the proposals of the Conference on the Future of Europe, notably those acknowledging that active subsidiarity and better regulation are key components of a functioning and accountable European. It also took into account the debate on possible institutional reforms with a view of the future enlargement of the EU.
• The opinion aimed to contribute to the work of the CoR Better Regulation and Active Subsidiarity Steering Group on developing and enhancing the CoR's policy and toolbox on better regulation and to the preparation of the CoR 11th Subsidiarity Conference.
• Furthermore, the opinion also followed up on the proposals of the Conference on the Future of Europe, notably those acknowledging that active subsidiarity and better regulation are key components of a functioning and accountable European. It also took into account the debate on possible institutional reforms with a view of the future enlargement of the EU.
• The opinion aimed to contribute to the work of the CoR Better Regulation and Active Subsidiarity Steering Group on developing and enhancing the CoR's policy and toolbox on better regulation and to the preparation of the CoR 11th Subsidiarity Conference.
Impact
• In its follow up report on the opinion, the European Commission highlighted that it highly valued the cooperation with the Committee, its opinions and the many other outreach, communication and consultation activities conducted by the CoR.
• The Commission highlighted that close involvement of the sub-national level could facilitate the preparation for an enlarged Union, as noted in the opinion, and announced that it would carry out pre-enlargement policy reviews in the beginning of 2025 for this purpose.
• It also noted that the revised cooperation agreement with the CoR signed in March 2024 would allow to address most of the proposals put forward by the opinion.
• More information in the [report] https://cor.europa.eu/sites/default/files/2024-10/follow-upreportcorjune2024_final.pdf, pp. 5-7
• The opinion contributed to the preparation of the recommendations of the CoR Better Regulation and Active Subsidiarity on Developing and enhancing the CoR's policy and toolbox on better regulation (September 2024). It also fed in the conclusions of the CoR 11th Subsidiarity Conference (October 2024). See the dedicated section of the CoR website, under ''Documents'': https://cor.europa.eu/en/our-work/commissions/civex/better-regulation-and-active-subsidiarity.
• The Commission highlighted that close involvement of the sub-national level could facilitate the preparation for an enlarged Union, as noted in the opinion, and announced that it would carry out pre-enlargement policy reviews in the beginning of 2025 for this purpose.
• It also noted that the revised cooperation agreement with the CoR signed in March 2024 would allow to address most of the proposals put forward by the opinion.
• More information in the [report] https://cor.europa.eu/sites/default/files/2024-10/follow-upreportcorjune2024_final.pdf, pp. 5-7
• The opinion contributed to the preparation of the recommendations of the CoR Better Regulation and Active Subsidiarity on Developing and enhancing the CoR's policy and toolbox on better regulation (September 2024). It also fed in the conclusions of the CoR 11th Subsidiarity Conference (October 2024). See the dedicated section of the CoR website, under ''Documents'': https://cor.europa.eu/en/our-work/commissions/civex/better-regulation-and-active-subsidiarity.
Essential points
THE EUROPEAN COMMITTEE OF THE REGIONS
- notes that in the upcoming new institutional mandate of the EU European democracy needs to actively address the challenges of the digital and green transitions while enhancing economic competitiveness and resilience;
- is convinced that greater involvement of the CoR and the regions in all phases of the European legislative process and in strategic policy processes can ensure more efficient decision-making and implementation of EU policy;
- encourages the Commission to request more often that the CoR draw up ‘outlook opinions’ on future Union policies before action is taken at Union level or on the evaluation and implementation of a policy, and to provide proper follow-up;
- is committed to including foresight in its programming framework and strategic planning;
- stresses the importance of using diverse better regulation tools like assessments concerning subsidiarity, proportionality, territorial impact and rural proofing more systematically, consistently and continuously throughout the decision-making cycle;
- encourages the co-legislators to assess the impacts of their amendments (in the course of the legislative process), in line with the Interinstitutional Agreement on Better Law-Making (IIA). In this context, in order to provide inputs to these updated assessments, the CoR should be involved as an observer in the trilogue negotiations;
- calls for the F4F Platform working methods to be extended to the pre-legislative phase, thus guaranteeing an evidence-based, place-based and consistent approach throughout the legislative cycle – from ex ante assessments to ex post evaluations;
- requests to be actively involved in the negotiations for any future revision of the IIA and to be included in the IIA framework through ad hoc protocols or implementation agreements;
- considers that most of the above-mentioned proposals can be implemented in the current Treaty framework or by optimising it. Nevertheless, the CoR supports the European Parliament’s call for the European Council to convene a convention in accordance with the ordinary Treaty revision procedure provided for in Article 48 TEU as soon as possible; and requests that the Convention fully involves members of the CoR.