Abstract
This chapter will explore recent developments in the governance of cross-border cooperation. By focusing on the latest developments of Community Initiative Programmes such as Interreg III and IV, and on the process which led to the adoption and application of the European Grouping of Territorial Cooperation (EGTC), or Regulation 1082/2006, this chapter will assess the extent to which governance is state-centred in a ‘zero-sum game’ or is multi-layered within the EU. Within the multi-level governance theoretical framework, the chapter will address the issue whether we can speak of an alliance between sub-national, supra-national and transnational actors in cross-border cooperation programmes in pushing towards multi-level governance. It will firstly analyse EU Commission and Committee of the Regions’ White Papers and it will examine the stages and guiding principles of cross-border cooperation, from the Council of Europe Convention of 1980 under international law to the Commission European Communities Initiative and finally the European Grouping of Territorial Cooperation (EGTC) under Community law. Here, the focus is on the process that led to Regulation 1802/2006. In particular, it will be explored the role played by supra-national institutions like the CoE and the Commission; transnational institutions such as the Committee of the Regions and the Association of European Border Regions and sub-national actors in cross-border cooperation and the alliances between these actors.
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Notes
- 1.
This intergovernmental political institution, founded in 1949 by 10 countries, nowadays brings together 46 European countries, including all the European Member States (AEBR 1997: 19).
- 2.
Interviewees will remain anonymous and interview evaluation proceeds on a strict anonymity basis that is, providing letter-coded reference and date of the interview only.
- 3.
‘Ultimately the impact of European Union rules depends on the willingness and capacity of Member State authorities to ensure that they are transposed and enforced effectively, fully and on time. Late transposition, bad transposition and weak enforcement all contribute to the public impression of a Union which is not delivering. The prime responsibility for this lies with national administrations and courts’ (EU Commission White Paper 2001: 25; emphasis has been added).
- 4.
According to the CoR White Paper on Multi-level Governance, the conditions to implement a good-beneficial multi-level governance strongly depend on the actual engagement of the Member States themselves. ‘The principles and mechanisms of consultation, coordination, cooperation, and evaluation recommended at Community level must firstly be applied within the Member States’ (CoR White Paper 2009b: 10).
- 5.
The Commission stated that the CoR should ‘Play a more proactive role in examining policy, for example through the preparation of exploratory reports in advance of Commission proposals. Organise the exchange of best practice on how local and regional authorities are involved in the preparatory phase of European decision- making at national level. Review the local and regional impact of certain directives, and to report to the Commission by the end of 2002 on the possibilities for more flexible means of application. The Commission will then consider a more systematic approach to allow such flexibility for some parts of Community law’ (EU White Paper 2001: 14).
- 6.
The EP had an important role also in the creation of the EGTC, as is confirmed by supra- national representatives. As one of them argued, ‘it is important to stress that surely the EP had a key role in promoting Re 1082/2006. Fortunately there was a co- decision method, therefore, the EP was quite strong’ (interview with TT, Committee of the Regions Policy Analyst at Committee of the Regions, 20 February 2009).
- 7.
On 4 December 2007, the European Commission approved INTERACT 2007–2013, a European Territorial Cooperation Programme that covers the whole of the European Union, plus Norway and Switzerland. The Programme aims to promote good governance of Community- funded Programmes that fall within the framework of the European Territorial Cooperation Objective and has a total budget of around €40 million. Community investment through the European Regional Development Fund (ERDF) amounts to some €34 million, which represents approximately 0.5 % of the total EU investment earmarked for the European Territorial Cooperation Objective under the Cohesion Policy for 2007–2013. The role played by Interact is complementary to the one played by the CoR and the EU Commission in providing information on this new EU tool.
- 8.
The key role played by the CoR in the process which lead to the setting up of the EGTC clearly emerges both from the interviewees carried out for the present research and official documents, (CoR Opinions 2002).
- 9.
‘The second important contribution of the Committee of the Regions was its desire – shared by the Parliament – not to limit this legal instrument to cross- border cooperation, but also to use it in trans-European cooperation including transnational and interregional cooperation as well as cross-border cooperation 238. On similar lines, but using the term “territorial cooperation” – which has the advantage of tying in with the third priority objective of the forthcoming programming period for the Structural Funds – the European Parliament also requested this amendment, which was accepted by the Commission and the Member States without any problems” (EGTC Study 2007: 62; Recommendation 1 of Opinion 62/2004, OJ C 71, 22.3.2005, p. 49. The term “trans- European cooperation” is consistent with the terminology used in the study carried out in 2001 by the Assembly of European Border Regions on behalf of the Committee of the Regions).
- 10.
The convention is notified to all its members, and to the Member States, and to the Committee of the Regions. The Committee shall enter the convention in a public register of all conventions of trans- European cooperation (CoRs Opinions 2004).
- 11.
MP in the EP clearly focused on facilitating cross- border cooperation, in developing as well a transnational and cross- border level.
- 12.
President of the Piedmont Region who actively contributed in drafting Opinions on the EGTC (CoR’s Opinion, June 2008).
- 13.
The mission of the Directorate General for Regional Policy is to strengthen economic, social and territorial cohesion by reducing disparities between the levels of development of regions and countries of the European Union. In this way the policy contributes positively to the overall economic performance of the EU (http://ec.europa.eu/dgs/regional_policy/index_en.htm).
- 14.
Article 5 Acquisition of legal personality and publication in the Official Journal: (1) The statutes referred to in Article 9 and any subsequent amendments thereto shall be registered and/or published in accordance with the applicable national law in the Member State where the EGTC concerned has its registered office. The EGTC shall acquire legal personality on the day of registration or publication, whichever occurs first. The members shall inform the Member States concerned and the Committee of the Regions of the convention and the registration and/or publication of the statutes. (2) The EGTC shall ensure that, within 10 working days from registration and/or publication of the statutes, a request is sent to the Office for Official Publications of the European Communities for publication of a notice in the Official Journal of the European Union announcing the establishment of the EGTC, with details of its name, objectives, members and registered office.
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Nadalutti, E. (2015). The European Grouping of Territorial Cooperation: A Big-Bang Within Cross-Border Cooperation?. In: The Effects of Europeanization on the Integration Process in the Upper Adriatic Region. United Nations University Series on Regionalism, vol 9. Springer, Cham. https://doi.org/10.1007/978-3-319-16471-7_4
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