Bicamérisme et représentation des régions et des collectivités locales : le rôle des secondes chambres en Europe

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Palais du Luxembourg, 21 février 2008

Seventeen Council of Europe member states have a bicameral parliament. In those states, whether they have a federal or a unitary system, bicameralism is seen in a growing number of cases as the most appropriate way of meeting the need for a balance between the centre and regional and local units of government.

However, the general trend towards regionalisation and decentralisation that can be seen in Europe does not always lead to changes in the way sub-state entities are represented and participate in state-level decision-making. It was for this reason that the Council of Europe and the French Senate - the prime mover in the setting up of the Association of European Senates - took the initiative of organising an International Conference on «Bicameral Systems and Representation of Regions and Local Authorities», held at the Palais du Luxembourg in Paris on 21 February 2008, to highlight «the role of second chambers in Europe».

The conference, whose proceedings are brought together in this publication, used the different countries' experiences as the basis for a detailed comparative study of the different aspects of this representative function, organised around the following themes:

- the diversity of second chambers in Europe, illustrated by four case studies;

- forms of representation in second chambers and election procedures;

- ways of improving representation of regions and local authorities in second chambers;

- links between representation of regions and local authorities and the powers of second chambers.

The conference provided the opportunity for a wide-ranging debate based on statements by representatives of the different countries. Participants included policy-makers, parliamentarians, local and regional elected representatives and academics from many European countries.

These proceedings are intended to reflect the wealth of ideas that emerged from the conference and to highlight the links between bicameralism, local and regional democracy and the preservation of Europe's diversity.

Ms Michèle ANDRÉ (France), Deputy Speaker of the French Senate

Ladies and gentlemen, distinguished guests,

Welcome to the Senate. It is my pleasant duty to be chairing our first round-table forum this morning. I shall hand over straight away to Mr Alain Delcamp, our Secretary General, who has a message of welcome for you from the Speaker of the Senate, Mr Christian Poncelet.

Mr Delcamp, over to you.

Mr Alain DELCAMP, Secretary General of the French Senate

Madam Chair, Prime Minister, distinguished guests, ladies and gentlemen,

The Speaker of the Senate has asked me to tell you, at the start of our conference, how sorry he is that official commitments prevent him from being with us today. As you will be aware, we are in the middle of campaigning for the upcoming local elections. A wealth of current events, both happy and less happy, conspire to keep us elected politicians busy.

He has also done me the somewhat rare honour of asking me to read out his message to you, even though several of his colleagues, including Deputy Speaker Michèle André, are already here with us. There is a particular reason for this. I have in fact had occasion to work, in a range of functions, with the different institutions that are co-hosting this event. I have fond memories of that co-operation, and it is my pleasure to list them.

First of all I am happy to welcome the representatives of the Council of Europe's Congress of Local and Regional Authorities, who were kind enough to consider me an expert in comparative law on local and regional matters and voted, a few years ago in 1996, to elect me as Chair of the Congress's Group of Experts, a post I held until I retired from the Congress in 2003.

That time was an extremely rewarding experience for me. It coincided with a period when new democratic bodies were being set up in the various member states of the Council which have since joined the European Union. Through my work at that time I also came to know the Venice Commission, whose new President, Mr Jan Erik Helgesen, is with us today - welcome, Sir. In working with the Commission I had occasion to draft and present a number of reports, and to represent the Group of Experts. I met up again with a lot of friends and university colleagues and enjoyed some very happy times.

I am of course pleased to welcome Mr Lluis Maria de Puig, the new President of the Council of Europe Parliamentary Assembly. A little anecdote here: Mr de Puig had already agreed to attend our conference as a Assembly member, even before he was elected President. So we are doubly happy to welcome him today.

Welcome too to my fellow secretaries general: Mr Ulrich Bohner, Mr Gianni Buquicchio and Mr Mateo Sorinas. Mr Sorinas has taken over from Mr Bruno Haller - a trusty friend of long standing.

I must not forget either all the members of our various parliaments, and especially you, Madam Chair, and the many members of the French Senate who are taking part in our conference. It is my very great privilege to serve them and to be involved in the running of the Senate.

I will now read out the message from the Speaker of the Senate, Mr Christian Poncelet.

Message of welcome from Mr Christian PONCELET, Speaker of the French Senate

"Ladies and gentlemen, distinguished guests,

It is a great pleasure to be hosting this special conference, in the Palais du Luxembourg , on bicameral systems and representation of regions and local authorities in Europe.

This event is special by its very title, which lists amongst the functions of the second chamber that of representing local and regional authorities. This is not the only representative function of second chambers, and not all of them are built on this model, far from it. And it was not the French Senate - which, under our Constitution, represents the 'territorial communities of the Republic' - that took the initiative here. Credit for that goes to the Venice Commission, which was first off the mark, instigating a series of studies on second chambers in the Council of Europe member states and wisely choosing as its general rapporteur my very good friend Mr Patrice Gélard, who combines the office of Deputy Chair of the Senate's Law Committee with the deanship of several law faculties.

The emphasis placed on local and regional authorities is due to the active commitment of the Council of Europe's Congress of Local and Regional Authorities, and I pay tribute to its various members, its President Mr Skard and my colleague Mr Jean-Claude Frécon, Vice-President of the Congress and Senator for the Loire, who played a large part in getting the European Charter of Local Self-Government ratified by France - too late, in my opinion, but better late than never!

Our thanks too to the Parliamentary Assembly of the Council of Europe for honouring this event with its patronage. Thanks to the work of the Assembly, second chambers are able to make their influence felt at European level. And it is good that, in our dealings with the governments of the Council of Europe member states, the parliamentary torch should be carried by a senator from a country which has managed its transition to democracy so well.

The question of the role which local and regional authorities play in our countries is one of the major institutional issues facing European countries. To us as senators, it guarantees true democracy: as de Tocqueville put it, 'local institutions are to liberty what primary schools are to science; they teach people to appreciate its peaceful enjoyment'.

In this context, the progress which all our European countries have made towards devolution reflects their shared concern, in an age of globalisation and large organisations, to meet their fellow-citizens' dual requirement of proximity and diversity.

I am aware that the Congress makes a distinction between local and regional authorities. I also know that the latter have formed a Working Group on Regions with Legislative Powers, represented here by its Chair, Mr Jean-Claude Van Cauwenberghe, and that efforts have long been made to distinguish a 'Europe of the regions' from the 'Europe of nation states'.

So I am very glad to see that one of the topics for this conference is the exploration, in concrete terms, of the way in which the regions, but local authorities too, might have more of a voice in national decision-making. So this conference may be a stage in the process of upholding and indeed reviving bicameralism, which is of course something close to my heart.

For nearly ten years the French Senate has worked tirelessly to forge links amongst the world's senates. Far from decreasing in number, they are increasing and bicameralism is often, in the new democracies, seen as a way of bringing peace to societies and ironing out differences. I have also set up an Association of European Senates, which meets twice a year - on the last occasion in Bucharest, next time in Vienna, and next autumn in St Petersburg.

Working together, with the moderation characteristic of second chambers, we seek to achieve reasonable situations of balance in our respective countries, remaining suitably mindful of the diversity of structures and keen to secure the wellbeing of our fellow-citizens.

But may I say, and this is a belief I hold very strongly, that the forms which this common endeavour takes and the routes it follows must be appropriate to each country. The second chamber reflects each country's institutional evolution, which is shaped by national history and national political and geographical realities. So there cannot be one model alone. My message to the many representatives of local and regional authorities who are here today, and notably to Mr Luc Van den Brande, the new President of the European Union's Committee of the Regions, is thus that they should agree the approach best suited to their specific circumstances.

Taking part in decision-making at national level, through a second chamber, will not make them further removed from Europe. Under the Treaty of Lisbon, which France has just ratified, national parliaments will have new means of participation. The French Senate intends to make full use of these new opportunities. It is already trying them out, in conjunction with other second chambers, notably the Bundesrat and the House of Lords, both of which are represented at our conference.

So I have no hesitation in inviting you to share in the search for a new dimension in bicameralism, whilst urging you all to respect difference. Bicameralism is one of the most natural guarantees of such respect."

Ms Michèle ANDRÉ

Thank you. I now hand over to Mr Lluis Maria de Puig, President of the Parliamentary Assembly of the Council of Europe. Mr de Puig.

Speech by Mr Lluis Maria DE PUIG (Spain), Senator, President of the Parliamentary Assembly of the Council of Europe

Thank you.

We are going today to look at bicameralism and the representation of regions and local authorities in our respective countries, in an attempt to conceptualise the role of second chambers in Europe.

Let me start by saying that democracy needs parliaments. Without parliaments there can be no such thing as democracy. Systems may be either unicameral or bicameral. Some member states of the Council of Europe have just one chamber, but most of them have two, and they often differ widely from one country to another. So there is a degree of diversity here.

It is also important to take into account the nature of democracy in each country, its historical traditions and the decisions of its citizens, who may or may not want the second chamber to be an "upper house" that gives draft legislation a second reading or a chamber of regional and local representation. We shall address these matters with the help of this morning's speakers. But the whole raison d'être of a second chamber is to enhance the democratic process. That is achieved through the legislative work of second chambers, the most important area of parliamentary work.

As you know, second chambers conduct a second reading of draft legislation or refer it back to the lower house, or they may exercise the right to initiate legislation themselves. When second chambers consider draft legislation at second reading they conduct a review of the texts adopted, taking account of the different regional or national interests. They also help to deepen the debate and secure agreement amongst the various political forces, which the first chamber may not have managed to secure at first reading. In a number of countries, such as the USA or Italy, the second chambers have different prerogatives or powers, which are sometimes broader than those of the lower house. This is the case in Mexico, a country which has observer status with the Council of Europe, and is a federal state. In Mexico the Senate has sole competence in respect of foreign affairs.

Elsewhere, the political crisis triggered by the Italian Senate gives us an idea of a second chamber's power and capabilities.

So second chambers clearly play a significant part in major political debates. They also have a cardinal role in parliamentary supervision and may play a part in regional and local representation, as a complement to the direct representation provided by first chambers. These different roles allow them to do what is necessary to ensure a more representative system of parliamentary democracy.

Second chambers sometimes represent the various elements in society too -certain regional or local bodies or social institutions. The Irish Senate, for example, includes members elected by the universities. But second chambers are also a vehicle for institutional stability and thus beneficial to democracy.

Whilst the Parliamentary Assembly never really addressed this question at the first Conference of National Parliaments and Regional Assemblies, held in Strasbourg on 12 September 2007 on the subject of "Representative democracy, European affairs and active citizenship", second chambers were nevertheless acknowledged as being the repository of regional and local political life.

Consequently a proposal for a declaration is to be laid before the Assembly Bureau, expressing the wish for good governance at regional and local levels, and quoting the declaration by the heads of state and government at the third Council of Europe Summit in Warsaw in 2005 that effective democracy is essential for facilitating economic and social progress.

I must take this chance of highlighting the Congress's many efforts to further regional development, and those currently under way to finalise a European Charter of Regional Democracy.

The Council of Europe is already showing a lead, since it has both a Parliamentary Assembly, made up in particular of elected second-chamber representatives (a senate), and a Congress made up of elected local and regional representatives and, for the past few years, it has had a Chamber of Regions.

Can we go still further?

We could consider doing more to open up the Parliamentary Assembly to regional parliaments. We have already begun to move in that direction, since the Parliamentary Assembly is working on a draft agreement on strengthening co-operation between the Parliamentary Assembly and the Conference of European Regional Legislative Assemblies, in order to strengthen the institutional role of regional parliaments in Europe, notably in the Parliamentary Assembly.

Given this background and these plans, it is fair to say that bicameral systems still have a bright future ahead of them.

Thank you.

Ms Michèle ANDRÉ

Thank you. I now call on Mr Halvdan Skard, President of the Council of Europe's Congress of Local and Regional Authorities. Over to you, Mr Skard.

Speech by Mr Halvdan SKARD, President of the Congress of Local and Regional Authorities of the Council of Europe

Mr Chairman,
Excellencies,
Ladies and Gentlemen,
Dear colleagues,

It is an honour for me to address this conference within the walls of the Senate of France, which is the embodiment of local and regional democracy in this country and the link between territorial and national democracy, representing territorial authorities at national level. By virtue of this fact, the Senate and the Congress of Local and Regional Authorities of the Council of Europe, of which I am President, are natural and regular partners in the efforts to advance territorial democracy on our continent. Our long-standing cooperation has already produced important synergies - I am thinking, for example, about the colloquy in June 2001 on decentralization in France, co-organised by the Senate and the Congress, and, of course, this conference today on the role of second chambers, in which the Council of Europe Parliamentary Assembly and Venice Commission are taking part as well.

I would like to take this opportunity to pay tribute to the Secretary General of the Senate Alain Delcamp for his outstanding work on local and regional issues and his contribution to the work of the Congress. I also welcome here my counterpart in the Parliamentary Assembly Lluis Maria De Puig, who was for a long time Assembly Rapporteur on regionalisation in Europe and who was elected Assembly President in January this year. I also would like to pay tribute to the work done by Senator Patrice Gélard in the framework of the Venice Commission.

Ladies and Gentlemen,

The theme of this conference - the role of second chambers - is of paramount importance to the Council of Europe Congress, an assembly of local and regional elected representatives which has two chambers - the Chamber of Local Authorities and the Chamber of Regions. Recently, the Congress has been increasing its cooperation on territorial democracy with the Committee of the Regions of the European Union and I am happy to welcome here the newly elected President of the Committee, Luc van den Brande. This cooperation is specifically included in the new Charter of the Congress, adopted by the Council of Europe's Committee of Ministers in May last year. Some of the cooperation passes through our ad hoc Working Group «Regions with Legislative Powers» whose President, Jean-Claude van Cauwenberghe, will present the general conclusions of this conference. In fact, it is within this Group that the theme of this conference was proposed.

I would like to recall in this regard that Mr van Cauwenberghe has been for many years the driving force behind the draft Council of Europe Charter of Regional Democracy, a complement for the regional level to the European Charter of Local Self-Government. This draft text has already received support from several European regional organisations and the EU Committee of the Regions, and was also mentioned to the European Ministers responsible for Local and Regional Government at their conference in Valencia, Spain, in October last year. It is currently being finalised within the Congress and will be submitted to our Plenary Session in May 2008. I would make a plea for your support in the framework of the French Senate that the Charter of Regional Democracy is adopted in the future as a legal instrument.

We in the Congress strongly believe that in a democratic society the voice of local and regional authorities - the authorities closest to territorial communities - must be heard during the legislative process at national level. Bicameral systems give such an opportunity, to take better account of the interests of local and regional communities. In this regard, it will be interesting to compare experiences in different countries because we are living in a period particularly rich in institutional and constitutional reforms - not only in new democracies, but also in countries with Senates or second chambers established a long time ago.

This is why this conference is so important. Wishing it every success, I would like to finish my speech by the words of Hans Mommsen, distinguished Professor of Contemporary History who wrote some 20 years ago: «The nation state is dead, long live the region!»

Thank you.

Ms Michèle ANDRÉ

Thank you. I now call on Mr Jan Erik Helgesen, President of the Venice Commission. Over to you, Mr Helgesen.

Speech by Mr Jan Erik HELGESEN Senator, President of the Venice Commission

Ladies and Gentlemen,

As the newly elected president of the Venice Commission I am particularly pleased to take the floor today; the first time I have had the opportunity to address a multilateral seminar.

The Venice Commission, which is composed of independent experts from the member countries of the Council of Europe as well as of a number of non-member countries, is participating in this event as the body of the Council of Europe specialised in constitutional matters and has worked on the main constitutional issues since its creation in 1990. Our field of action is constitutional law understood broadly, including in particular issues such as constitutional justice, the protection of minorities, electoral issues and political parties. Today however, we are really at the core of constitutional law: its institutional aspects. The powers and the designation of Parliament are indeed one of the most traditional issues for constitutional lawyers.

The Venice Commission has frequently been involved in discussions on this theme. For example, an important element of the revision of the Romanian Constitution, for which the Commission co-operated actively with the Romanian authorities, was the re-definition of the powers of the Chamber of Deputies and of the Senate, from a nearly equal bicameralism towards specific powers of each chamber.

I am pleased to welcome here a number of Venice Commission members who will address this session. They are part of a large panel of specialists from various backgrounds: politicians of European calibre and academics, as well as personalities who combine both qualities, such as Senator Gélard who prepared the general report for the Venice Commission on the basis of contributions by its members.

Since we shall hear from Senator Gélard in a few minutes, I will not summarise his report. I would prefer to emphasise a few aspects of the issue of second chambers which I find important.

The subtitle of this conference is the role of second chambers in the representation of regions and local authorities. This is worthy of comment. Firstly, the term «regions and local authorities» and not «regional and local authorities» is used. This reflects reality: even if second chambers are often elected at regional or local level, direct election by the people has become more and more frequent. In the case of direct election, the issue may be raised as to what really distinguishes second from first chambers, at least in non-federal states.

Secondly, and from a much larger perspective, the purpose of the second chamber must be raised. The discussion should therefore go beyond the issue of regional and local representation. Representation of orders or the nobility or other «happy few» may appear somewhat old-fashioned today and be questionable from a democratic point of view. Of course, the House of Lords still exists, but its composition has been dramatically changed and its powers somewhat limited for almost a century. Strong discrepancies vis-à-vis the representation of the population are natural in federal states, where the federate entities have to be recognised as equal at national level, but are much more questionable in unitary states. We then come back to representation of the population as the most natural alternative to regional and local representation; one of the questions which must be asked is: does it make any sense and, if so, how? The most traditional argument is that the second chamber helps reflexion, but would there not be other grounds?

One of the scopes of this conference could also be to define the future of second chambers: should there be any harmonisation at European level? This does not seem to be the case concerning the powers or their mode of selection. However, the question may be asked whether the emphasis should be put on local and regional representation, as suggested by the title of the conference, or whether the current system is satisfactory? The debate should not just be limited to a description of the legal or even political context of each state, but raise issues of principle. This is not a choice for or against regional and local representation, but rather a discussion as to whether such representation must be central for each second chamber or not. Information about projects for reform, succeeded, failed or still in the pipeline, could let us know what the current trends are, and whether they go generally in the same direction or whether second chambers remain one of the last aspects of constitutional law (and even of law in general) continuing to be resistant to harmonisation.

Thanks to the impressive range of participants present here today, from all over Europe, from many different backgrounds, it should be possible to answer these questions.

May I conclude by thanking once again the French Senate, the Congress of Local and Regional Authorities as well as the Parliamentary Assembly of the Council of Europe for their contribution to the organisation of this event.

Ms Michèle ANDRÉ

Thank you, Mr Helgesen.