European Spatial Development Policy (ESDP) - Maastricht Treaty

    ACSP -AESOP Joint International Congress
Toronto, Canada
July 25-28 , 1996
Contribution 

Professor Dr.jur.Carl-Heinz David

Universität Dortmund

Fakultät Raumplanung / Lehrstuhl Rechtsgrundlagen der Raumplanung

D 44221 Dortmund, August-Schmidt-Str.10 (AVZ)

Tel.(0231)755 2295/3217/2219 Telefax(0231) 755 2539 Telex 822465 unido d

E-mail davidc@pop.uni-dortmund.de  http://www.raumplanung.uni-dortmund.de/rgl/


Abstract

 
 
 

Institutionalizing European Spatial Development Policy

- Additional Executive Power For The European Union Or To Be Left To Inter-Governmental Member States' Responsibility Based On An Explicite Amendment Of The Maastricht Treaty ?-

The Maastricht Treaty focussed the aspect of restricting the jurisdictions and powers of the European Union's (EU) executive bodys by introducing the principle of subsidiarity in Art. 3 b of the Treaty establishing the European Economic Community. Therin is stated, that the Community shall act only within the limits of the powers conferred upon it by this Treaty and the objectives assigned to it therin. In areas which do not fall within its exclusive competence, that Community shall take action, in accordance with the mentioned principle of subsidiarity, only in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community. Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.

Both the East-expansion of Europe caused by the removal of the Iron Curtain and the rizing concern of the EU in the Mediterranean area has brought up the need to cope with spatial development planning issues on European scale. The explicite jurisdictions of the EU in this respect are restricted to specific sectoral aspects, as agriculture, economic and social cohesion, environment etc.

There is a rizing interest in improving spatial coordination of both EU's and member states's spatially relevant activities (in the fields of planning, administrative implementation and budgetary allocation of public funds). Due to EU's efforts to extend its restricted jurisdictions and powers to areas of compentence claimed by the member states their proper realm, interests between EU and member states are clashing, needing political reconciliation, which could be reached by explicitely amending the Maastricht Treaty.

For political and scientific reasons European Spatial Development Policy is related to regional aspects, though political pressure has banned the appropriate regional terminology from the vocabulary describing the issue. Due his federal background, a German lawer might be in an more neutral position to discuss the issue of institutionalizing the new task of an European Spatial Development Policy, which will differ from "spatial planning" in the Britain sense as well as from the French "aménagement du territoire" or the German "Raumordnung" and should finally be based on a middle course between a centralised and a de-centralised approach of the issue.

After detailed, in particular German proposals to distinctly institutionalize European Spatial Development Policy in the Treaty of European Union a minimal consent by the member states and the Commission on launching an European Spatial Development Persepective appears the most likely poltical result of the considerations.

A working group of the (German  Academy for Regional Research and Regional Planning recently laid down its view on this issue( see Annex)  The contributor prepared the legal aspects of the paper, which he will focus in an updated form at the Toronto Conference. 


Annex
 
  ACADEMY FOR REGIONAL RESEARCH AND REGIONAL PLANNING Akademie für Raumforschung und Landesplanung D- 30161 Hannover, Hohenzollernstr. 11, Deutschland

Towards Codificating European Spatial Development Policy

in the Treaty on European Union

Europäische Raumentwicklungspolitik Rechtliche Verankerung im Vertrag über die Europäische Union Position Paper of the ARL's ad hoc working-party on

Legal and Spatial Planning Policy Issues of Revising the Treaty on European Union

(Planungsrechtliche und raumordnungspolitische Aspekte bei der Revision des Vertrages über die Europäische Union)

incorporating contributions from its members:

Viktor Freiherr von Malchus (chair), Carl-Heinz David, Ulrich Höhnberg, Reinhard Klein, Paul Klemmer, Klaus R. Kunzmann, Welf Selke, Gerd Tönnies

Translation: Dr. Graham Cass, Dortmund
 


Contents

 

Part A: Recommendation

 

    I. Political Aims in Amending the Treaty

    II. What is "Spatial Planning Policy"? What is "Spatial Development Policy"?

    III. Justification for a European Spatial Development Policy

    IV. Extension of Community Law for the Purpose of Codifying the Tasks, Procedures and Legal Instruments of a European Spatial Development Policy

    V. Instruments for a European Spatial Development Policy

Part B: Reasoned Justification

    I. Political Aims in Amending the Treaty

    II. What is " Spatial Planning Policy"? What is "Spatial Development Policy"?

    III. Justification for a European Spatial Development Policy

    IV. Extension of Community Law for the purpose of Codifying the Tasks, Procedures and Legal Instruments of a European Spatial Development Policy

    V. European Spatial Development Perspective (ESDP) as a Foundation for Coordination of Depatemental Actions with Spatial Impacts.

    VI. Periodic Reporting