Der Europäische Verbund für territoriale Zusammenarbeit. Vergegenwärtigung und kritische Analyse eines weithin unbekannt gebliebenen europäischen Organisationsmodells

Abstract

European Grouping of Territorial Cooperation

The European Union has set itself the task of promoting economic, social and territorial cohesion among the Member States. In achieving this objective, the Union is faced with very specific challenges in its border regions. In particular, there is often a need for greater compatibility between Member States' legal systems in order to facilitate the institutional establishment of a firm legal basis for cross-border cooperation. The European Grouping of Territorial Cooperation (EGTC) is a legal body at Union level that has been designed to overcome obstacles hindering cooperation between partners in the border regions. Based on a European regulation, the EGTC is a new body equipped with legal personality and legal competences that aims to promote cross-border and interregional cooperation. Participants in this new legal body can be Member States and, above all, regional authorities, local authorities and authorities governed by public law located in at least two Member States of the European Union to maintain the cross-border characteristic.

The EGTC raises several legal questions. These relate not only to the uncertainty concerning its spheres of competence and operation, but in particular to the compatibility of the EGTC body with the organizational autonomy of the Member States. This question arises because the EGTC represents an independent administrative body operating in the area between the European Union and its Member States which, from the perspective of executive federalism, increases the imbalance between administration by the Member States and proliferating administration by European Union institutions. A further shortcoming of the EGTC body lies in safeguarding effective legal protection, since those affected might not necessarily be located in the Member State of the EGTC where legal protection against EGTC activities should be sought. Finally, it is essential to examine critically whether the introduction of the EGTC presents the only solution to promoting the dialogue and exchange that is essential between different legal systems. The concept appears to constitute a narrow approach and should be extended, also in the public sector, to include rules that determine which legal system applies to a given dispute (conflict of laws).