The European Committee of the Regions as a watchdog of the principle of subsidiarity
| Published date | 01 June 2020 |
| Date | 01 June 2020 |
| Author | Lisette Mustert,Salvatore Fabio Nicolosi |
| DOI | 10.1177/1023263X20906737 |
| Subject Matter | Articles |
Article
The European Committee of
the Regions as a watchdog of
the principle of subsidiarity
Salvatore Fabio Nicolosi* and Lisette Mustert**
Abstract
In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a
legislative proposal of the European Commission concerning a Regulation that changes the rules
governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity.
Accordingly, the Committee considered challenging the legislative proposal before the Court of
Justice if the proposal was formally agreed upon. Although at a later stage the European Com-
mission decided to take into account the Committee’s argument and amended the proposal
accordingly, such a context offers the chance to investigate more in detail the role of the Com-
mittee of the Regions in the legislative process of the EU and, more in particular, its role as a
watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect
of the EU constitutional practice, such as the potential of the Committee of the Regions to
contribute to the legislative process, and answer the question of whether this Committee is the
right body to guarantee compliance with the principle of subsidiarity.
Keywords
Regulation, Committee of the Regions, democratic legitimacy, quasi-institutions, regional
proximity, subsidiarity
1. Introduction: shedding light on a neglected body
The constitutional order of the European Union incorporates a plethora of bodies and committees
which contribute to policy-making in an advisory capacity.
1
Amongst these, the EU treaties assign
* Utrecht University, The Netherlands
** University of Luxembourg, Luxembourg
Corresponding author:
Salvatore Nicolosi, Utrecht University, Newtonlaan 201, Utrecht, The Netherlands.
E-mail: s.nicolosi@uu.nl
1. The role of committees has been especially explored in political science and governance studies, for a broader analysis
see in particular T. Christiansen and T. Larsson (eds.), The Role of Committees in the Policy-process of the European
Maastricht Journal of European and
Comparative Law
2020, Vol. 27(3) 284–301
ªThe Author(s) 2020
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DOI: 10.1177/1023263X20906737
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a privileged role to the two main consultative organs, the Economic and Social Committee (ESC)
and the Committee of the Regions (CoR). Pursuant to Article 13(4) of the TEU, these Committees
assist in an advisory capacity the three main EU political institutions, namely the European
Commission, the European Parliament and the Council, part icularly as regards the legislative
process.
2
While the ESC has been investigated more in depth, especially because it was already estab-
lished by the 1957 Treaties of Rome
3
to involve economic and social interest groups in the
establishment of the common market,
4
little attention has been paid to the CoR from an EU
constitutional law perspective.
5
Established by the Maastricht Treaty in 1992,
6
‘to reinforce the
democratic legitimacy of the Union’
7
by connecting with the enormous heterogeneity of sub-
national governments in the Member States, the CoR is the youngest EU constitutional organ. It
is composed of locally and regionally elected representatives from all Member States
8
and can be
involved in the law-making process by forming mandatory, requested and own-initiative opinions,
when the three main EU institutions draft legislation on matters concerning local and regional
government.
9
Due to this advisory capacity, the CoR has access to the decision-making arenas
without formal voting powers, as its opinions are not binding in character. Since the entry into
force of the Maastricht Treaty in 1993, the CoR has participated in many supranational policy
areas, most notably by giving advice to the Council and the European Parliament.
10
Union: legislation, implementation and deliberation (Edward Elgar, 2007); R. van Schendelen (ed.), EU Committees as
Influential Policymakers (Ashgate, 1998). From a legal perspective, see in particular M. Savino, I comitati dell’Unione
Europea. La collegialita
`amministrativa negli ordinamenti compositi, (Giuffr`e, 2005).
2. Article 13(4) Consolidated version of the Treaty on European Union (TEU), [2016] OJ C 202/1. For references see in
particular C. Jeffery and C. Rowe, ‘Social and Regional Interests: The Economic and Social Committee and the
Committee of the Regions’, in J. Peterson and M. Shackleton (eds.), The Institutions of the European Union (OUP,
2012), p. 359-381.
3. The Economic and Social Committee (ESC) is regulated by Articles 301-304 of the Treaty on the Functioning of the
EU (TFEU), Consolidated version, [2016] OJ C 202/1.
4. On the ESC, see extensively M. Westlake, The European Economic and Social Committee the House of European
Organised Civil Society (John Harper Publishing, 2016); see also R.P. Morgan, The consultative function of the
Economic and Social Committee of the European Community (European University Institute, 1991); N. Bernard, C.
Laval and A. Nys, Le Comite economique et social (´
Editions de l’Universit´e de Bruxelles, 1972).
5. Most existing studies on the Committee of the Regions are in the field of EU governance, see especially, S. Piattoni and
J. Scho¨nlau, Shaping EU Policy from Below: EU Democracy and the Committee of the Regions (Edward Elgar, 2015);
A. Warleigh, The Committee of Regions: Institutionalising Multi-level Governance? (Kogan Page, 1999); P.A. Feral,
Le Comit ´
e des R´
egions de l’Union Europ ´
eenne (Presses Universitaires de France, 1998); R. Dehousse and T. Chris-
tiansen (eds.), What model for the Committee of the Regions?: Past Experiences and Future Perspectives (European
University Institute, 1995).
6. Article 198A of the Maastricht Treaty, Treaty on European Union, [1992] OJ C 191/1, stated: ‘A Committee consisting
of representatives of regional and local bodies, hereinafter referred to as ‘‘the Committee of the Regions’’, is hereby
established with advisory status.’
7. J. Delors, President of the Commission at the inaugural plenary session of the Committee of the Regions in Brussels, 9
March 1994.
8. The Committee of the Regions (CoR) comprises 350 members and an equal number of alternate members who are
appointed for five years. Members are representatives of regional and local bodies and are nominated by Member
States. For the most recent composition, see Council Decision 2014/930/EU of 16 December 2014 determining the
composition of the Committee of the Regions, [2014] OJ L 365/143.
9. The CoR is regulated in the Treaties by Articles 300, 305-307 TFEU.
10. The Maastricht Treaty set out five particular areas: economic and social cohesion, trans-European infrastructure
networks, health, education and culture. In 1997 five more policy areas were added by the Treaty of Amsterdam:
Nicolosi and Mustert 285
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