Publication date: 08.07.2024
Legal regulation of cross-border cooperation
Cross-border cooperation plays an important role in the development of interstate relations, promotes economic growth, cultural exchange and security on common borders. In this article, we will examine the main aspects of legal regulation of cross-border cooperation, including international and national legal acts, principles and mechanisms of cooperation, as well as challenges and prospects for the development of this area in Ukraine.
International legal regulation
Convention on Transboundary Cooperation between Territorial Communities or Authorities of 1980 (Madrid Convention)
One of the main international documents regulating cross-border cooperation is the 1980 Convention on Transboundary Cooperation between Territorial Communities or Authorities, also known as the Madrid Convention. The Convention establishes a legal framework for cooperation between neighboring territorial communities or authorities of different states.
The main provisions of the Convention include:
- Recognition of the right of territorial communities to cross-border cooperation.
- Establishment of general principles and forms of cooperation.
- Obligations of the participating states to promote the development of cross-border cooperation.
European Framework Convention on Transfrontier Cooperation between Territorial Communities or Authorities (ETS No. 106)
The European Framework Convention is a supplement to the Madrid Convention and provides more detailed provisions on cooperation between territorial communities and authorities. It establishes the basic principles, forms and mechanisms of cross-border cooperation, including the establishment of cross-border associations, joint management structures and project financing.
Other international agreements and programs
In addition to the above conventions, there are a number of other international agreements and programs that promote cross-border cooperation. Among them are the following:
- European Union programs, such as Interreg, that finance cross-border cooperation projects.
- Bilateral agreements between neighboring countries that regulate cooperation in specific areas, such as environment, transportation, economy and security.
National legal regulation
In Ukraine, legal regulation of cross-border cooperation is based on international obligations and national legislation. The main legal acts are:
- TheLaw of Ukraine "On Transboundary Cooperation " is the main law defining the legal, economic and organizational framework for cross-border cooperation.
- TheConstitution of Ukraine - sets out the basic principles of Ukraine's foreign policy, including the development of good neighborly relations and international cooperation.
- TheLaws of Ukraine "On Local Self-Government in Ukraine" and "On Local State Administrations"regulate the participation of local authorities in cross-border cooperation.
- International treaties and agreements ratified by the Verkhovna Rada of Ukraine establish specific conditions and mechanisms for cross-border cooperation.
Principles of cross-border cooperation
Voluntariness
One of the main principles of cross-border cooperation is the voluntary nature of participation. Territorial communities and local authorities independently decide whether to participate in cross-border projects and initiatives.
Mutual benefit
Cooperation should be mutually beneficial for all parties. This means that each participant receives certain benefits from participating in cross-border projects, be they economic, social or cultural.
Compliance with the law
All participants in cross-border cooperation must comply with the national laws of their countries, as well as international obligations. This includes the implementation of all regulations governing cross-border cooperation.
Transparency and accountability
Cross-border cooperation processes should be transparent and accountable. This implies openness of information about projects, use of funds and achievement of results.
Forms of cross-border cooperation
Joint programs and projects
One of the main forms of cross-border cooperation is the implementation of joint programs and projects. These can be projects in the field of infrastructure, environment, education, culture, healthcare and other areas. Joint projects are funded from various sources, including state budgets, grants from international organizations, and private investment.
Cross-border associations
Cross-border associations are created for more effective cooperation, which can take various forms:
- Euroregions - interregional associations that include the territories of several countries and facilitate the implementation of joint projects.
- Joint management structures - bodies that coordinate and manage cross-border projects.
Exchange of information and experience
The exchange of information and experience is an important element of cross-border cooperation. This includes joint seminars, conferences, training programs, and the exchange of specialists and experts.
Co-financing
Funding for cross-border projects comes from various sources, including state and local budgets, grants from international organizations, and private investment. Co-financing reduces the financial burden on each participant and ensures the stability of project financing.
Challenges of cross-border cooperation
Differences in legislation
One of the main challenges of cross-border cooperation is the difference in legislation between different countries. This can create obstacles to the implementation of joint projects and require additional efforts to harmonize legal norms.
Political and economic factors
Political and economic factors can also affect cross-border cooperation. Political instability, economic crises, changes in governments and other factors can create obstacles to the implementation of cross-border projects.
Bureaucracy and administrative obstacles
Bureaucracy and administrative obstacles can complicate the process of cross-border cooperation. This may include complex procedures for obtaining permits, licenses, project registration and other administrative procedures.
Financial constraints
Financial constraints are another challenge to cross-border cooperation. Lack of funds to finance projects may limit the ability to implement joint initiatives and require the search for additional sources of funding.
Prospects for the development of cross-border cooperation
Harmonization of legislation
One of the key prospects for the development of cross-border cooperation is the harmonization of legislation in different countries. This will reduce legal barriers and simplify the implementation of joint projects. Legislative harmonization can be achieved through bilateral agreements, participation in international organizations, and the adaptation of national legislation to international standards.
Infrastructure development
Infrastructure development is an important factor for successful cross-border cooperation. This includes the construction and modernization of transport corridors, customs points, communications, and other infrastructure facilities. Investments in infrastructure will contribute to more efficient cross-border cooperation and economic growth.
Enhancing institutional capacity
Increasing the institutional capacity of local authorities and territorial communities is a key factor for successful cross-border cooperation. This includes training, professional development, exchange of experience, and engagement of experts. Developing institutional capacity will facilitate effective management of cross-border projects and improve the quality of services provided to citizens.
Public involvement
Public involvement in the cross-border cooperation process is an important element of successful project implementation. This includes holding public consultations, involving public organizations, and informing the public about the benefits and results of cross-border cooperation. Active public participation will help increase trust in cross-border projects and ensure their sustainability.
Conclusions.
Cross-border cooperation is an important tool for the development of interstate relations, economic growth and security at common borders. The legal regulation of cross-border cooperation includes international and national legal acts, principles and mechanisms of cooperation, as well as challenges and prospects for the development of this area in Ukraine. Harmonization of legislation, infrastructure development, institutional capacity building, and public involvement are key factors for successful cross-border cooperation. International cooperation and support also play an important role in ensuring proper regulation and development of cross-border cooperation.
So, it doesn't matter whether you need a lawyer's advice or a lawyer's advice. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
