LEGAL ACCESSIBILITY
This is not the first time that CESCI and CESCI Carpathia are dealing with the issue of legal obstacles. The first project proposal, which was designed to explore the obstacles preventing cooperation in the Central European region, was prepared back in 2014. Although the proposal has not been selected for funding by DG Justice, the representatives of the Hungarian Ministry of Justice involved in its preparation found the project so useful that they provided annual support to CESCI’s activities with this scope from 2016 to 2021.
The aim of the initiative called Legal Accessibility was to identify legal and administrative obstacles along the Hungarian borders, and to develop recommendations for solutions – based on the experience of European good practices.
The initiative intended to take stock of specific obstacles that hinder cross-border cooperation or everyday life and formulate recommendations for their solution; develop comprehensive policy and regulatory background documents; support the development of a permanent institutional background for legal accessibility; and to deal with the problems resulting from the lack of information, sometimes by formulating ready-made recommendations.
The first project following a stakeholder consultation involving all Hungarian border regionsended with the analysis of the background of 39 legal-administrative obstacles and the formulation of recommendations in the necessary cases, based on good European examples. (The almost 600-page long document prioritised four areas (cross-border mobility, healthcare, labour mobility and short supply chains – local products) and also touched on two horizontal topics that can help the systematic (not occasional) management of obstacles: the first one outlined the potential institutional background of legal accessibility, the second one envisaged the elimination of information gaps.)
The second project, on the one hand formulated a proposal for one of the horizontal challenges through the development of an online information platform that helps provide Hungarian and foreign citizens with unified information; on the other hand, it initiated legislative amendments in order to improve health cooperation, the cross-border sale of local products and the operating conditions of European Groupings of Territorial Cooperation (EGTC). In 2018, among the topics of the previous year, health cooperation and the obstacles experienced by the EGTCs during their operation remained in focus, while the fourth project dealt with health services and the legal framework for cross-border public procurement.
In the framework of the fifth project, with the involvement of an international team of authors, CESCI published a study volume on the experiences of the 15-year history of European Groupings of Territorial Cooperation and the future prospects of this EU instrument; formulated a proposal for the regulation of cross-border ambulance services, based on the Austrian-Czech example; and analysed the impacts of the COVID-19 pandemic on border regimes and cross-border mobility. The latter topic was not originally included in the project, but life overrode the original plans.
The last project of the initiative was implemented in 2021. Within this framework, experts of the French Mission Opérationnelle Transfrontalière (MOT) compiled a study on the governance of urban agglomerations that cross the French border, which can serve as a model for similar areas in Hungary. Another activity can be considered a continuation of a project implemented in 2018-2019 with the support of the International Visegrad Fund, the aim of which had been to extend the legal accessibility initiative to the other V4 countries, namely by adapting the model of the Nordic Council of Ministers. CESCI Carpathia had already been actively involved in that Visegrad project. Within the framework of the 2021 project, a professional meeting took place in Visegrad, where diplomats, officials and specialists from the four countries discussed the way to put the results of the 2018-2019 project into practice.
Between 2016 and 2021, CESCI with its partners implemented a total of seven projects, all of which addressed legal accessibility which can be considered a precursor to the #ACCESS project.
B-SOLUTIONS
In 2015, the European Commission launched the project called Cross-Border Review, the purpose of which was to reveal existing legal and administrative barriers between EU member states and initiate their elimination. The project had many results: among others, a Communication of the Commission was published in 2017, which summarised the results of the project and proposed interventions in 10 areas to overcome obstacles. In 2018, the Commission established a focal point for cross-border cases and announced the B-Solutions initiative. The aim of the initiative is to uncover still persisting legal and administrative obstacles with the involvement of local actors, and to help eliminate them, as well as popularise the way of their elimination. The implementation of the initiative is coordinated by the Association of European Border Regions (AEBR), through calls to local actors. In order to solve the obstacles identified by local actors, it invites experts to draft their legal analysis containing the proposed solution.
Until 2023, CESCI investigated a total of 11 such legal cases and formulated proposals for solutions in relation to them.
E-DEN
The E-DEN (European Database of Good Practices on Cross-Border Cooperation) project was initiated in 2009 by ministers responsible for local and regional government from the 47 member States of the Council of Europe. Its primary objective was to address the challenges and barriers hindering cooperation across European borders. Over the years, data collected through various tools were systematically arranged with the assistance of the Institute of International Sociology of Gorizia (ISIG) in Italy, allowing actors involved in cross-border cooperation to access examples and solutions relevant to their specific situation. E-DEN has evolved into a valuable resource, containing over 630 case studies covering a wide range of topics and enriched by 56 stakeholders from 24 European countries.
Recognising the importance of online repositories of good practices, the E-DEN project has been expanded to include the E-DEN Platform. This integrated digital environment serves as a hub for consulting and sharing case studies and good practices related to Good Democratic Governance. It centralises information from various Council of Europe programmes, enables thematic and geographical browsing, and facilitates the dissemination of the Council’s actions and tools.
BORDER PEOPLE
In 2001, the North South Ministerial Council (NSMC) facilitating cooperation between Ireland and Northern Ireland, published a Study of Obstacles to Mobility, which explored the wide range of obstacles hindering people when moving across the Irish border to live and work. The report presented 50 recommendations/solutions, including a one-stop cross-border mobility information website.
In 2007, the Centre for Cross-Border Studies (CCBS) of Armagh was entrusted to develop a Cross-border Mobility website (www.borderpeople.info) as a central access point for all cross-border mobility information on the island of Ireland. It provides practical information for people crossing the border to live, work, study or retire. It provides a signposting service to a wide range of (single jurisdiction) information sources, the most popular of which are in the areas of social security, taxation, welfare benefits, healthcare, pensions, and motoring.
The Border People project is a clear example of cross-border cooperation at its most pragmatic and sensible way: a means of making government departments, information and advice providers and the general public in both Irish jurisdictions more knowledgeable and thus more effective in dealing with practical obstacles to cross-border mobility.
FREEDOM OF MOVEMENT COUNCIL OF THE NORDIC COUNCIL OF MINISTERS
The Freedom of Movement Council of the Nordic Council of Ministers is dedicated to fostering an open Nordic Region where individuals and businesses can freely relocate, commute, study, and operate across national borders. As part of the Nordic governments’ globalisation strategy, the council focuses on removing barriers to cross-border activities, aiming to eliminate a set number (10 to 15) of obstacles each year and prevent the occurence of new ones through national legislation. With a historical foundation in the joint labour market since the 1950s and increasing integration of Nordic businesses, the council addresses challenges such as the lack of information about regulations in neighbouring countries. The Freedom of Movement Council operates along annual work plans and it collects reports on obstacles through its regional information offices. The council prioritises these obstacles and, together with the relevant national authorities, it works for the amendment of the regulations generating the relevant obstacles.
The overall objective aligns with the EU’s regulations and directives on freedom of movement, contributing to the broader strategic priorities outlined in the Nordic Council of Ministers’ action plan for Vision 2030, which encompasses a green, competitive, and socially sustainable Nordic Region.
BENELUX UNION
The Benelux Union, a collaboration among Belgium, the Netherlands, and Luxembourg for over 75 years, serves as a laboratory for European initiatives, continually improving citizens’ lives, community, and business environments. Established in 1944 as a customs union and evolving into the Benelux Economic Union in 1958, today’s Benelux Union is propelled by a new treaty signed in 2008, focusing on internal market and economic union, sustainable development, and justice and internal affairs.
One of the main achievements of the cooperation is legal harmonisation between the three countries thanks to which, during the last 15 years, more than 100 treaties have been signed by the governmental institutions in order to eliminate formerly persisting legal obstacles.
EURO-INSTITUT, KEHL
Established in 1993 in Kehl am Rhein, the Euro-Institut is a pioneering Franco-German organisation dedicated to promoting cross-border cooperation. They offer comprehensive training, consultancy, and tailored studies to empower cross-border initiatives, focusing on overcoming cultural and administrative barriers. The institute provides practice-oriented training, equipping individuals and teams for effective cross-border project management through seminars, study trips, and language courses. Services include individual project support covering the entire project lifecycle, with a specialisation in bridging intercultural gaps and bilingual moderation for productive cross-border meetings. The Euro-Institut, serving as a neutral platform, facilitates collaboration across legal, administrative, and cultural landscapes.
INFOBEST NETWORK AT THE UPPER RHINE VALLEY
The INFOBEST network serves as a pivotal cross-border information hub in the Upper Rhine region, featuring strategically located information centres and a comprehensive website offering services in both German and French. Acting as intermediaries and consultancies (also in legal issues) with a team of bilingual experts, INFOBEST centres facilitate communication between citizens and state administrations, fostering cross-border cooperation. They actively support bi- or tri-national initiatives, assist project leaders, organise events, and provide information through various channels. Initially funded by the Interreg programme, INFOBEST now receives support from diverse partners, transforming it into a trinational public service governed by agreements among funding entities.
CROSS-BORDER REVIEW
The Cross-border Review project launched by Commissioner Corina Creţu in 2015 drew attention to the need to address legal and administrative problems. At the beginning of the project, the assigned experts conducted an online survey, through which local actors were asked for their opinions regarding the obstacles. More than 600 responses were received from all over the Union (12 from Hungary, 19 from Slovakia). Based on these, as well as the inputs of the 11 councilor seminars, and based on the feedback of the participants involved in the expert working group, the compilation of the document based on case studies began. CESCI also delegated an expert to the working group and prepared a separate comment regarding the processing of territorial data.
As a result of the project, the EU-Communication “Promoting Growth and Cohesion in the Border Regions of the EU” was born, which envisaged concrete interventions in 10 areas. This is how the Border Region Data Collection project and study was realised, which examined the possibility of harmonising data on cross-border labour mobility in cooperation with the statistical offices of 11 member states. Similarly, following the Communication, the Directorate General for Regional Politicy launched its Border Focal Point, which regularly organises online workshops on important issues related to cross-border cooperation (“Beyond Borders’ Breakfast Debates”); the B-Solutions initiative was launched; the draft EU regulation on the European Cross-Border Mechanism (ECBM) was compiled; and two Interreg-specific objectives appeared among the EU cohesion policy objectives. The declared purpose of the first Interreg-specific objective is to facilitate the systematic elimination of cross-border legal obstacles. It is no coincidence that this objective can be found in almost every Interreg programme, thanks to which the #ACCESS project can also be realised.
THE EUROPEAN CROSS-BORDER MECHANISM (ECBM)
In 2015, the Luxembourg Presidency of the EU initiated the incorporation of a legal solution into the EU legislation, which would allow the application of the rules of a neighbouring country in the territory of another country in exceptional and well-defined cases. In this regard the example mentioned the most was the tram line connecting Strasbourg in France with Kehl in Germany, the implementation of which has been hindered by different regulations for a decade. In such a case, the ECBM would have made the rules for French trams applicable to the section on the German side as well, instead of the extended section and the vehicles having to be adapted to the legislation of both countries.
In order to develop the mechanism, the Luxembourg Presidency set up a working group, coordinated by the French MOT, of which CESCI was a member from the beginning. In the course of the 3-year preparatory process, our employees not only commented on the emerging draft regulation, but also compiled two supporting case studies.
The proposal for the ECBM was included in the post-2021 cohesion policy package, but it was eventually removed due to the concerns of several member states, and then discarded during the Portuguese Presidency.
However, the initiative itself is still alive: on September 14, 2023, the European Parliament adopted the report of French MEP Sandro Gozi, in which he proposed a simplified mechanism. Based on the report, the Commission submitted its simplified proposal to develop the mechanism on 12 December 2023. The initiative was also supported by the Committee of the Regions in the form of a report adopted at the beginning of October written by Magali Altounian.
Documents related to the mechanism:
EU parliament discusses new proposal for cross-border mechanism
The project is financially supported by the European Union,
within the framework of the Interreg Hungary – Slovakia Programme.
For more information visit www.skhu.eu.
The project is financially supported by the European Union,
within the framework of the Interreg Hungary – Slovakia Programme.
For more information visit www.skhu.eu.