LEGAL FRAMEWORK FOR TRANSBOUNDARY COOPERATION IN THE ACT OF THE COUNCIL OF EUROPE
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article analyzes the legal framework for cross-border cooperation in the European Framework Convention on Transfrontier Co-operation between Territorial Communities or Authorities by using chronological and comparative methods. In Europe, close relationship between legal norms of the European Union, the Council of Europe and the national legislation of the countries are a well-established phenomenon. Cross-border cooperation (CBC) is a dynamic process where the legal norms of the European Union, the Council of Europe and the national ones have their roles, but none of them prevails. As mentioned in the preamble of the European Framework Convention on Transfrontier Co-operation between Territorial Communities or Authorities, transfrontier co-operation is not an international cooperation (between states), it has aim – to achieve unity between members of the Council of Europe, “by concluding agreements in the administrative field”. It should be noted that the legal instruments of the Council of Europe and the EU in the field of cross-border cooperation differ in their law - nature and regulatory function: the activities of the Council of Europe are aimed to ensuring minimum common regulation in accordance with the standards of international law, while at the same time, the EU bodies aim to provide a substantial legal harmonization of the laws of the EU member states, but they share the common goal – to harmonize European national legislation and cover the common legal changes. The Committee of Ministers of the Council of Europe, while signing the European Framework Convention on Transfrontier Co-operation between Territorial Communities or Authorities, aware of the innovative nature of cross-border cooperation, has paved the way for further enhancement and broadening the legal basis for such cooperation in the light of the experience gained during the implementation of the provisions of the Convention. Thus, in legal acts of the Council of Europe, for almost 30 years, transfrontier co-operation has been further developed, its legal nature and functions have changed.
Authors and Affiliations
Оксана Миколаївна Цукан
Keywords
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