Strasbourg, 1st October 2010 CDLR(2010)28 rev.
Item 4.4.3.2 of the agenda
EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY
(CDLR)
PREPARATION OF THE CONFERENCE ON REMOVING OBSTACLES
AND PROMOTING GOOD PRACTICES ON CROSS-BORDER COOPERATION
For guidance
Secretariat Memorandum
prepared by the Directorate General of
Democracy and Political Affairs
Directorate of Democratic Institutions
 |
Introduction
At the 16th session of their Council of Europe conference, European ministers responsible for local and regional government, having discussed the role of governments to overcome obstacles to crossborder co-operation, agreed to draw up an inventory of practical and legal obstacles to crossborder co-operation at national level, using Committee of Ministers’ Recommendations Rec (2005) 2 and 3 as guidelines[1], and to report through the CDLR to the next session of their conference.
At the close of the conference, the chair expressed satisfaction with the adoption of the Utrecht Declaration and its chapter I.B on crossborder co-operation, and proposed that an international conference be held in 2010 to share views on experiences made at national and European level in order to identify and reduce obstacles and promote best practice in crossborder co-operation. This proposal was welcomed by ministers.
On the occasion of the meeting of the LR-IC committee on 30 May-1 June 2010, the Dutch delegation circulated a paper highlighting crossborder co-operation issues and tabled initial proposals for the conference (document LR-IC(2010)Inf). The committee noted that the conference could not be organised already in 2010 and accepted the proposal to have it as a joint venture with Hungary, as part of the Hungarian presidency of the EU council of ministers in the first half of 2011.
A working party was established and entrusted with the task of submitting proposals for the theme, modalities and objectives of the conference. On the basis of written consultations, the remarks and proposals appearing at the Appendix 1 to this document are submitted to the CDLR for consideration.
Action required
CDLR members are invited to prepare for a discussion on the proposals submitted in Appendix 1 and agree on the next steps for the organisation of the Conference in 2011.
Appendix 1
Preliminary considerations and proposals concerning the conference on removing obstacles to crossborder co-operation (first-half 2011)
prepared by the working party established by the LR-IC[2]
The conference
The object of the conference should be to discuss and facilitate access to good practice in managing policy areas at cross-border level.
The methodology is to find and disseminate solutions to problems with which populations living in border areas are confronted: mobility and transport, health care, education and training, access to the labour market, etc.
The goal is to promote action in order to make border areas – where a significant proportion of European citizens live – places where it is pleasant to live and work.
The approach
The approach suggested is a thematic one. The CDLR has worked so far – and one could even say, enough – on the institutional dimension of crossborder co-operation with a view to making the latter easier for territorial authorities or communities, be they regions, provinces or municipalities. This work has had as its focus the suppression or the significant lowering of the legal, administrative and technical barriers to crossborder co-operation between local and regional authorities, in their respective spheres of competence. The Madrid convention and its three protocols bear witness of that.
It is now time to address the obstacles from the point of view of citizens living in border areas. Do citizens have equal access to public services on both sides of the border? Do the (legitimate) differences in legislation, regulations and practice make access to the nearby area and its services difficult, unreasonably expensive or time consuming?
Answering these questions is like asking: are the nearby border areas viewed and considered (by spatial planners? By politicians? By citizens?) as a single space? In other terms, is the border area “governed” as if it were a single space?
The question of crossborder governance can therefore be asked and answered to.
The themes
The thematic approach would require the early identification of some subject matters on which the work should concentrate. The examples given above – health care and access to health facilities, local transport and crossborder mobility, education and training, access to the labour market – are by no means exclusive and other areas can be added.
As a transversal theme, crossborder governance should also be considered.
The conference should also consider whether existing legal instruments at European level – ranging from the Madrid convention and its protocols, notably protocol No 3, to EC Regulation 1082/2006 – provide an adequate response to the need for innovative solutions at crossborder level, and make suggestions as the case may be.
In this way, the conference could constitute a source of inspiration for both the eventual revision of Regulation 1082/2006 and the appendices to Protocol No 3 to the Madrid convention.
Finally, as proposed in Esztergom when discussing cross-border co-operation issues (6-7 May 2010) the conference should enable the good practices and institutions effective in removing the obstacles encountered by local and regional authorities to emerge and be discussed.
The organisation
The conference should be practical and action-oriented. Once the themes have been selected, the preparatory work aimed at collecting as many examples as possible of issues-cum-solutions should start. The purpose is to enable exchanges of experience and information and the eventual adoption, by the policymakers in a given border area or country, of the solutions that have worked in another area/country.
Member states should be invited to provide information on the basis of a questionnaire. The Congress of local and regional authorities could greatly facilitate the involvement of local authorities in the identification of the good (and not so good) experiences.
The LR-IC should be asked to work out the questionnaire, using as a reference the two recommendations of the Committee of Ministers referred to above. A draft could be prepared by the Working Party.
The conference could be organised around thematic workshops (possibly held in parallel) with inclusive sessions for cross-cutting issues.
Date and place
The conference could be held in Hungary, in the framework of the events to be organised in the framework of its EU presidency. It should last one day and a half. Ideally, the conference should take place in the second quarter of 2011.
Since this conference is a step in the direction of implementing the Utrecht conference’s decision to conduct a review of obstacles to crossborder co-operation and report to the Kyiv session, the findings of the conference should be brought – via the CDLR – to the attention of the ministers themselves for action.
Participants
In addition to all member states and the Congress, the Parliamentary Assembly, the European associations of local authorities (CEMR, AER, AEBR, CPMR, etc.), the Benelux Union, the Committee of the Regions and the European Commission should be invited.
The next steps
Once the CDLR has discussed the proposals above and set the theme and format of the conference, the working party, with the assistance of the Secretariat, should prepare detailed proposal for the identification of themes, drafting of working papers, identification of panellists, etc. The Mission Opérationnelle Transfrontalière (MOT) of France should be associated to this work, in view of its accumulated experience.
Appendix 2
COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
Recommendation Rec(2005)2
of the Committee of Ministers to member states
on good practices in and reducing obstacles
to transfrontier and interterritorial cooperation
between territorial communities or authorities
(Adopted by the Committee of Ministers on 19 January 2005
at the 912th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Having regard to the European Framework Convention on Transfrontier Cooperation between Territorial Communities or Authorities, signed in Madrid on 21 May 1980 ("the Madrid Convention"), its Additional Protocol of 9 November 1995 and its Protocol No. 2 of 5 May 1998 concerning interterritorial cooperation;
Bearing in mind the Declaration of the Committee of Ministers on Transfrontier Cooperation in Europe, adopted on 6 October 1989 on the occasion of the 40th anniversary of the Council of Europe, which encouraged gradual action to remove administrative, legal, political and psychological barriers that might curb the development of transfrontier projects;
Bearing in mind the Vilnius Declaration on regional cooperation and the consolidation of democratic stability in Greater Europe, adopted by the Committee of Ministers on 3 May 2002;
Bearing in mind the Chişinău Political Declaration on transfrontier and interterritorial cooperation between states in South-Eastern Europe, adopted by the Committee of Ministers on 6 November 2003;
Recalling that cooperation between the local and regional authorities of Europe, particularly as developed under the Madrid Convention, is an essential component of good neighbourliness between member states and can help to strengthen democracy and democratic stability in Europe;
Having learnt, particularly from the annual reports of the Committee of Advisers for the Development of Transfrontier Cooperation in Central and Eastern Europe, of numerous examples of good practices in transfrontier cooperation between member states and their territorial communities or authorities;
In the light of the efforts of the Committee of Experts on Transfrontier Cooperation to identify a number of obstacles of a legal, administrative, economic or practical nature affecting transfrontier cooperation between territorial communities or authorities;
Convinced that the generalisation of good practices and the removal of obstacles could facilitate ratification of the Madrid Convention and its protocols by states that have not yet done so and enable existing parties to give full effect to their provisions;
Believing that the removal of obstacles to transfrontier and interterritorial cooperation could also eventually facilitate the preparation of new legal instruments or inter-state agreements to take account of developments in such cooperation,
Recommends that the governments of member states:
1. establish an appropriate legal framework for transfrontier and/or interterritorial cooperation activities of territorial communities or authorities, complying with the principles of the Madrid Convention and its Protocols;
2. consider the possibility of becoming party to the Convention and its Protocols;
3. take the measures proposed in the appendix to this recommendation, adapting them where necessary to particular situations, in order to improve transfrontier and interterritorial cooperation and reduce the obstacles encountered by their territorial communities or authorities in their transfrontier and/or interterritorial cooperation activities;
4. involve territorial communities or authorities with the relevant powers under domestic law in preparing and implementing the measures proposed in the Appendix to this Recommendation;
5. continue the process of dialogue and cooperation within the Steering Committee on Local and Regional Democracy (CDLR) and the Committee of Experts on Transfrontier Cooperation (LR-CT) aimed at strengthening the legal framework and practical arrangements for transfrontier and/or interterritorial cooperation.
Appendix to Recommendation Rec(2005)2
These measures or "good practices" are addressed to central authorities, where the latter are responsible for defining the legal framework for and supervising the activities of territorial communities or authorities. In some federal states these prerogatives lie with the federated entities, in which case the measures are addressed to them. The central authorities are invited to bring the measures to their attention.
A. Measures concerning the legal framework for transfrontier and interterritorial co-operation
1. Establish an appropriate legal framework for transfrontier and interterritorial cooperation activities of territorial communities or authorities, through:
- legislation compatible with the Madrid Convention granting territorial communities or authorities the necessary powers, inter alia to enter into transfrontier cooperation arrangements within limits clearly defined by law, as well as adequate resources, particularly financial, to engage in transfrontier cooperation activities;
- bilateral and/or multilateral inter-state agreements establishing general powers to engage in transfrontier and interterritorial activities or sectoral powers, for example with regard to health or civil protection.
2. Establish the necessary legal foundation for ratification and full implementation of the Madrid Convention and its Protocols.
3. Consult territorial communities or authorities and inform them of progress towards ratification of the Madrid Convention and its Protocols.
4. Publish, preferably with the ratification law or decree, the full text of the Madrid Convention, including its appendices.
5. Negotiate and conclude without delay bilateral and/or multilateral agreements if the Madrid Convention’s implementation is subject to such agreements.
6. Periodically review the reservations and declarations made when ratifying the Madrid Convention to determine whether the underlying grounds still apply, inter alia through regular exchanges of views within the Council of Europe, and then adopt legislative and other measures so that the reservations and declarations may be withdrawn.
7. Provide for legal scrutiny, preferably retrospectively, of transfrontier cooperation arrangements entered into by territorial communities or authorities.
8. In so far as it is permitted by the national constitution, recognise decisions taken under a transfrontier cooperation arrangement as having the same legal value and the same effects as the acts of territorial communities or authorities under domestic legislation.
9. Make it possible or, where applicable, easier for institutionalised forms of transfrontier and interterritorial cooperation to acquire legal personality so that they may take binding decisions and receive and manage financing.
10. Examine whether the legislation has an impact on frontier regions and initiate, where necessary, the appropriate consultations.
B. Measures concerning information, training and institutional dialogue
1. Organise regular and/or institutionalised consultations with the competent authorities of neighbouring states on matters of common interest, to jointly determine solutions, identify legal and practical obstacles to transfrontier and interterritorial cooperation and take appropriate remedial action.
2. Ensure or improve, as appropriate, the supply of information for territorial communities or authorities on the state’s actions and policies of interest to them, and on opportunities that may arise for them.
3. Without prejudice to existing procedures and fora for institutionalised dialogue and consultation with frontier territorial communities or authorities, establish or maintain regular consultation between the different levels of administration, in order to identify matters of common interest and their respective responsibilities for and means of dealing with them, in the interests of the local community.
4. Create a structure for coordination between the central authorities and those involved locally in transfrontier cooperation, in order to determine their needs and inform them of new developments at national and European or international level, in the sphere of transfrontier cooperation.
5. Encourage, and if necessary, offer support for, the establishment of transfrontier and interterritorial cooperation structures at the level of territorial communities or authorities for exchanging information, planning and implementing joint measures and ensuring that issues raised by one side are not left unanswered by the other.
6. Develop all kinds of training, including language training, for those involved locally in transfrontier and interterritorial cooperation, particularly the staff of territorial communities or authorities, in cooperation, where appropriate, with territorial authorities’ associations.
C. Measures concerning transfrontier development
1. Establish procedures and bodies for assisting territorial communities or authorities to plan, draw up and implement projects, and also to submit them to relevant national and international sources of finance.
2. Within their budgetary policies and in the light of the relevant provisions of the European Charter of Local Self-government, adapt the financial capacity of territorial communities or authorities to their needs in order to optimise their transfrontier activities.
3. Provide central financial support to transfrontier and interterritorial cooperation programmes and projects.
4. Establish and adopt a frontier crossing policy that does not hinder transfrontier and interterritorial cooperation, for example by setting up special border posts for frontier workers or supplying them with free or very low-cost multiple-entry visas, in accordance with relevant national and international provisions.
Appendix 3
COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
Recommendation Rec(2005)3
of the Committee of Ministers to member states
on teaching neighbouring languages in border regions
(adopted by the Committee of Ministers on 2 February 2005
at the 913th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Having regard to the Declaration of the Heads of State and Government of the member states of the Council of Europe signed in Vienna on 9 October 1993, in particular to its statement that: “The creation of a tolerant and prosperous Europe does not depend only on cooperation between states [but] also requires transfrontier cooperation between local and regional authorities, without prejudice to the constitution and territorial integrity of each state”;
Having regard to the Declaration of the Committee of Ministers on Transfrontier Cooperation in Europe on the occasion of the 40th Anniversary of the Council of Europe, adopted on 6 October 1989;
Having regard to the European Cultural Convention, signed on 19 December 1954;
Having regard to the European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities, signed on 21 May 1980, its Additional Protocol signed on 9 November 1995 and its Protocol No. 2 signed on 5 May 1998;
Having regard to the European Charter for Regional or Minority Languages signed on 5 November 1992 and in particular to Article 14 thereof;
Bearing in mind Recommendation No. R (98) 6 of the Committee of Ministers concerning modern languages, adopted on 17 March 1998;
Having regard to Resolution 165 (1985) of the Standing Conference of Local and Regional Authorities of Europe on cooperation between European frontier regions, which calls in particular for the drawing up of a model agreement for transfrontier cooperation in the field of culture;
Having regard to Resolution 259 (1994) of the Congress of Local and Regional Authorities of the Council of Europe on regional and local authorities and transfrontier or transnational school cooperation;
Considering that good neighbourly relations are the basis for a more free and tolerant Europe, which is the key to consolidating democratic stability;
Having noted that in many border regions transfrontier cooperation of all kinds is hindered by linguistic and cultural differences;
Bearing in mind the benefits for member states of the Council of Europe's achievements in the field of language teaching;
Emphasising the political importance of developing strategies for diversifying and intensifying language learning in order to promote plurilingualism in a pan-European context, further developing links and exchanges, and exploiting new communication and information technologies;
Wishing to maintain and further develop the richness and diversity of European cultural life through greater mutual knowledge of national, regional or minority languages;
Aware of the wealth of experience of transfrontier educational cooperation in border regions and the valuable contribution they can make as examples of linguistic and cultural approaches to preparing the citizens of a united Europe,
Recommends that governments of member states:
a. when developing their language-education policies, apply the principles of plurilingual education, in particular by establishing conditions that enable teaching institutions in border regions at all levels to safeguard or, if need be, introducethe teaching and use of the languages of their neighbouring countries, together with the teaching of these countries' cultures, which are closely bound up with language teaching;
b. encourage different transfrontier cooperation players – such as local and regional authorities, transfrontier cooperation groups between local and regional authorities, chambers of commerce, trade unions, employers and other organisations and individuals concerned – to involve the educational and linguistic sectors in the transfrontier cooperation projects they are organising or preparing;
c. seek to establish language reciprocity in their cooperation with a neighbouring country, or countries, concerning the teaching of neighbouring languages in border regions, allowing room for their own national language and also, where applicable, other languages used in the border areas concerned, be they less widely spoken languages, regional or minority languages;
d. take all possible steps to apply the measures described in the Appendix to this Recommendation;
e. seek cooperation in this field with the relevant bodies of the European Union, in order to achieve maximum synergy.
Appendix to Recommendation Rec(2005)3
Measures to be implemented concerning the teaching and promotion of neighbouring languages in border regions
The measures recommended are addressed to central authorities, where these are responsible for defining the legal framework for, and supervising the activities of, territorial communities or authorities. In some federal States these prerogatives lie with the federated entities, in which case the measures are addressed to them. The central authorities are invited to draw the measures to their attention.
A. Possible general measures and principles
i. Specify a government department or agency to act as the contact point for neighbouring countries' ministries on matters relating to educational cooperation and the teaching of neighbouring languages in border regions, if this does not already exist. Nominate or establish a national body, if this does not yet exist, or use the government department or agency, to collate and disseminate, at national level, knowledge concerning language teaching in border regions and encourage this body to cooperate with other European organisations having the same remit.
ii. Help to set up a European network of these national bodies to exchange information on organisational and educational matters, establish a data bank of examples of good practice, undertake joint projects and draw up a guide to the organisation of language teaching in border regions.
iii Launch or continue dialogue with neighbouring countries to exchange information on their respective educational systems and policies and develop joint programmes or policies on teaching neighbouring languages and educational cooperation. Such programmes should enable educational institutions to develop long-term cross-border relationships, launch educational projects aimed at acquiring the necessary skills for living and working in border regions, increase the number of transfrontier exchanges and visits and develop special teaching materials.
iv. Encourage and support local and regional boards of education in their efforts to make contact with their transfrontier counterparts, exchange knowledge and experience, cooperate and overcome differences in administrative arrangements and the organisation of education.
v. If necessary, authorise the introduction of the teaching of the neighbouring language and that of subjects linked to the neighbouring country's history, geography and culture into the syllabuses and curricula of educational institutions in border regions and develop the appropriate teaching aids.
vi. Bearing in mind the opportunities offered by existing European programmes, strengthen or establish the legal conditions for educational mobility in border regions, including pupil and student exchanges and visits to neighbouring countries, keeping administrative procedures to a minimum, so as not to hinder or discourage this mobility.
vii. Remove legal and other obstacles that prevent teachers qualified in their own countries from practising their professions, wholly or in part, in partner schools on the other side of the frontier, while maintaining their employment rights and conditions.
viii. Make it possible for the relevant authorities and/or educational institutions to officially recognise parts of pupils’ or students’ education completed in partner schools or universities across the border.
ix. Encourage those involved in local and regional affairs to promote greater public awareness of the importance and value of familiarity with the language, culture and society of neighbouring regions.
B. Measures aimed at border regions
i. Draw the attention of relevant organisations and educational institutions to documentation on language teaching policies produced by the Council of Europe's Language Policy Division in Strasbourg and under the auspices of Project 1.1.4 (Neighbouring Language Teaching in Border Regions) of the Council's European Centre for Modern Languages in Graz.
ii. Encourage flexible and varied approaches to teaching the languages and cultures of neighbouring countries that fully exploit the neighbouring country’s proximity and possibility of direct contact. The aim should be to maximise the availability of authentic and stimulating forms of learning, including autonomous learning (where pupils from two countries learn each others' languages in tandem), short and intensive courses; extended individual attendance at schools on the other side of the border; and bilingual education, with teachers from neighbouring countries providing proper language immersion. Direct contacts and exchanges with neighbouring countries should be supplemented and reinforced by the application of new information and communication technologies (ICTs) and resources.
iii. Encourage schools and colleges to establish long-term partnerships that enable them to benefit from the facilities, equipment and human resources of the partner establishments and improve their knowledge and appreciation of their local culture and differences, leading to closer understanding. Such partnerships could eventually lead to modified or new courses with qualifications recognised in both countries.
iv. Encourage recognition and use of the European Language Portfolio, while allowing for the specific needs of border regions, to ensure that assessment of language and cultural skills is consistent and transparent, thus encouraging citizen mobility.
B1. Measures aimed at higher education and universities
i. Encourage universities and research institutions to undertake more thorough investigations of the social, cultural, economic and political situations of border regions throughout Europe and to examine their possible impact on education and on the phenomena of bilingualism, biculturalism and transfrontier identity. Encourage these universities to establish an academic and scientific cooperation network.
ii. Support teacher training in border regions in particular, so that it can include the language and culture of neighbouring countries and international cross-border projects. Ideally, these parts of the syllabus should be undertaken in conjunction with training institutions in neighbouring regions, which should organise placements in each other's countries. These elements could also be included in in-service training for teaching staff.
B2. Measures aimed at secondary education
i. Encourage all sorts of joint projects between schools of all levels and types, where the neighbouring languages are the means of communication for exchanging information on other subjects, working in mixed pupil groups to create specific documents and end-products.
ii. Encourage secondary schools to introduce into existing or future partnerships cross-border careers guidance to inform pupils of and, if possible allow them to visit, educational establishments where they can continue their studies while qualifying for work in the other country.
B3. Measures aimed at primary and pre-school education
i. Create the conditions for the teaching of neighbouring languages from the very beginning of primary education to introduce children to other cultures and enable them to learn and use those languages in an everyday and real-life context.
ii. Encourage and support the learning of neighbouring languages from a very early age in a pre-school or voluntary sector context.
B4. Measures aimed at adult education
i. Help adult education institutions to develop teaching methods adapted to their students' needs and capacities, such as courses focusing on partial skills like listening comprehension, or alternation of language, where the same speaker uses both languages.
ii. Persuade local and regional institutions responsible for, or involved in, adult vocational training, such as chambers of commerce and industry and professional associations, to encourage managers and staff to attend classes in the language and culture of the neighbouring country to increase transfrontier occupational cooperation and the economic standing of border regions.
iii. Encourage local and regional authorities to organise training for their staff working in areas where transfrontier cooperation is or will soon be necessary, so as to develop their language and intercultural skills, their knowledge of life and economic activity in the neighbouring country, their commitment to successful transfrontier cooperation and their colleagues' involvement in it. Take similar measures in respect of central and decentralised government administrative staff involved in transfrontier cooperation.
B5. Measures aimed at socio-cultural stakeholders active in border regions
i. Encourage the relevant organisations to cooperate with their counterparts in neighbouring regions in studies on the state of the labour market and develop joint strategies and training programmes.
ii. Enable neighbouring countries' media to broadcast or publish their products, including the press and radio and television programmes, on both sides of the border.
iii. Promote cooperation between the media from both sides of the shared border, such as exchanges and training of journalists, publishing articles and broadcasting programmes in the neighbouring language.
iv. Encourage tourism organisations and similar bodies to disseminate information on cultural, sporting and other activities, including ones such as music and dance specifically aimed at young people, in the neighbouring region.
v. Promote transfrontier cooperation between youth, cultural and sports organisations and associations so as to implement joint activities drawing on the relevant knowledge, facilities and resources of these bodies.
[1] Recommendations Rec (2005) 2 and 3 are reproduced at Appendices 2 and 3.
[2] Following the LR-IC decision at its meeting in May 2010, the following composition was agreed by the CDLR Bureau at its meeting on 5 July 2010 : Ms Viktoria Zold Nagy (HU), Mr Tom Leeuwestein (NL), Mr Edwin Lefebre (BE), Ms Manuela Gonzalez-Carloman (ES), Mr Fabrizio Taschetta (CH), Mr Charles Ricq, and the chair of the LR-IC, Mr Auke van der Goot.