About Two Relations between European Union and Local Authorities - Citizenship of EU and Committee of Regions

• Author: Vallo Olle
• Pages: 48-52

Vallo Olle

About Two Relations between European Union and Local Authorities - Citizenship of EU and Committee of Regions

At the outset, it should be noted that relations between the European Union and local authorities are very complex and much of the ambiguity can be attributed to the application of European Community law. An example can be seen in the situation whereby assistance originating from a local authority may be deemed prohibited public aid. The European Court of Justice has recognised local authorities as an "emanation of the state". As nationals may bring the activities of a local authority in implementing European Community law to a court, analysts have expressed the view that this reality makes local authorities extremely vulnerable to informed public interest groups, aware of their right to seek direct enforcement of unimplemented directives, and willing to exercise this right [2, pp. 3-4]. The integration of acquis communautaire is a precondition of Estonia's accession to the European Union. European Community law is undoubtedly an expression of the closely integrated nature of European countries' legal systems. At the same time, Community law does not aim to unify the power structures of the Member States within the European Union. Our public, the press included, has quite ignored the fact that regions and local authorities play an important role in the European Union¹. Concerned citizens should however be aware that the need to apply and consider the Community law in their activities is not limited just to the legislator and central administrative bodies of a state. In this connection, the following diagram could be used in respect of administrative bodies:

This article, however, will not focus on the problems encountered by local authorities in applying EC law but rather contemplates briefly two connections that exist between the European Union and local governments - the citizenship of the European Union and the Committee of the Regions. These are the factors bound to have an effect on Estonia's situation upon our accession to the European Union.

Citizenship of European Union

In the literature on problems of citizenship it has been said that nationals of the Member States of the European Union find themselves increasingly more "subject to two spheres of rights and duties: the national and the Community" [4, p 24]. Estonia is one of the countries in Europe where aliens have been granted the right to vote at local elections. Under the 2^nd paragraph of § 156 of the Constitution of the Republic of Estonia, in elections to local government councils, persons who reside permanently in the territory of the local government and have attained eighteen years of age have the right to vote, under conditions prescribed by law [14]. The units of local government are rural municipalities and towns (1^st paragraph of § 155) and the representative body of a local government is the council which is elected for a term of three years (1^st paragraph of § 156).

Under §§3(1)-(3) of the Local Government Council Election Act² an Estonian citizen who has attained eighteen years of age by election day, resides permanently in the territory of the local government and is entered in the Estonian National Electoral Register of Citizens in the rural municipality or city has the right to vote. An alien legally residing in Estonia who has attained eighteen years of age by election day, has resided permanently in the territory of the corresponding local government for at least five years by 1 January of the election year and is entered in the Estonian National Electoral Register of Aliens in the rural municipality or city also has the right to vote. An alien residing permanently in the territory of the local government is a person who is in Estonia on the basis of a residence permit and resides in the territory of the local government for at least 183 days annually, whereas his or her absence therefrom does not exceed ninety consecutive days. Every Estonian citizen with the right to vote who has attained eighteen years of age, resides permanently in the territory of the local government on 1 June of the election year at the latest, is entered in the Estonian National Electoral Register of Citizens in the rural municipality or city, has taken the oath pursuant to procedure prescribed by law and is proficient in Estonian pursuant to the level provided for in the Language Act (RT I 1995, 23, 334) may run as a candidate for membership of the local government council³ [15].

Under the Treaty of Maastricht (1992), articles concerning citizenship of the Union were inserted to the Treaty on the European Community (Part 2 - Citizenship of the Union, Articles 8-8e)⁴. Pursuant to the 1^st paragraph of Article 8, every person holding the nationality of a Member State is a citizen of the Union [6, p. 75]. The Treaty of Amsterdam supplements this article with the principle that citizenship of the Union shall complement, and not replace, national citizenship [17, art. 2]. Article 8b(1) of the Treaty of the European Community states: "Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that state. This right shall be exercised subject to detailed arrangements to be adopted before 31 December 1994 by the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament; these arrangements may provide for derogations where warranted by problems specific to a Member State." [6, p. 75].

Council Directive 94/80/EC of 19 December 1994 [18] (amended by Council Directive 96/30/EC of 13 May 1996 [19])⁵ laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals. Its content is as follows:

1. The above-mentioned Directives lay down detailed arrangements enabling citizens of the Union who reside in a Member State of which they are not nationals to exercise the right to vote and stand as a candidate in municipal...