How To Understand The Relationship Between The European States And The Rest Of The World

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1 Dr. Joachim Beck, Euro-Institut PATTERNS OF CROSS-BORDER COOPERATION IN EUROPE 1. The context: in search of the right CBC approach 2. Common patterns of CBC policy making 3. Multi-level-governance as a challenge 4. Outlook: Strengthening the European function of CBC 1

2 The context: in search of the right CBC approach Regions in Europe 2

3 Typology of cross-border territories (K.H. Lambertz) A. Dimension -Big (e.g. Balic Sea/Danube) -> Macro -Middle (e.g. Upper-Rhine, Lake of Constance) -> Meso -Small (e.g. Euregio/Eurodistrict) -> Micro B. Complexity -Simple: two countries, one common language, one functional territory -Complex: Diverging systems, partners, cultures, languages C. Nature of the border -Natural limit/boundary -Historically and politically sensible border D. The European perception - old internal borders - new internal borders since External borders of the EU -No direct contact with EU -> Council of Europe/Neighbourhood-policy (e.g. black sea) 3

4 Short history of CBC in Europe Before WW II: rather confrontation than cooperation states as predominant actors After WW II: first cross-border local twinnings 1958: Foundation of EUREGIO Gronau (DE/NL) 1960ies: local CBC initiatives in West European border-regions, foundation of AEBR 1970: First bilateral state conventions and joint government commissions at deconcentrated level 1980: Madrid outline convention of the COE 1990ies: EU pushes the topic via INTERREG, new border-regions in Eastern and South/Eastern Europe / raise of Euroregions 1993: Singe European market From 2000 onwards: CBC becomes more and more dynamic - reinventing of old border-regions (modern forms of governance) - creation of new border regions -EU-Commission plays an ever active role (more money and specific instruments) -Eurodistricts on the DE/FR border Some facts and figures: Approx. 40% of the area of the enlarged European Union is made up of border regions 32% of the European population lives in border regions Only 7% of EU-population pracitices (international) horizontal mobility: but 80% of this mobility takes place in cross-border regions Approx commuters (cross-border workers) in Europe 4

5 Cross-border regions and European Integration Specific functions of cross-border territories: Model of European construction Integration of actors (vertical and horizontal governance) Coordination of sectoral politics on a territorial basis Laboratory of thematic integration Interface of national systems and EU-policies The border : a multidimensional phenomen Political borders Economic borders Legal borders Administrative borders Language borders Cultural borders Sociological borders Mental borders Natural borders that still creates a lot of territorial problems 5

6 Typical policy-fields of CBC Transport Labour market Social protection Environmental protection Spacial planning Economic promotion Tourism Regional marketing Citizens needs Culture Education Health Energy CBC is cross-cutting by nature Why do we need CBC? Challenge: How to analyse the characteristics of the cross-border territory? How to demonstrate the added-value of a common CBC approach? 6

7 Different degrees of CBC... Where we are in Europe 7

8 Where we are in Europe 8

9 Different organizational levels Informal network structure (inter-personal) Formal network structure (inter-institutional) with or without (central/decentral) coordination unit Joint organisation with seconded personnel (with or without own budget) Joint organisation with directly recruted personnel and own budget Need for legal basis 9

10 Criteria for organizational choice Type of mission / function? Complexity of mission? Structure of partnership? Financial implication? Personnel to be recruited directly? Visibility? Degree of (political) integration Basic legal instruments to structure CBC Letter of intent Declaration Agreement (formal/informal) Convention / Contract (public/private law) Structure with or without legal personality (public/private law) 10

11 1. Examples of cross-border cooperation structures without legal personality - Euregio Steiermark/Styria Slovenia (AT/SL): - Working community Alpe Adria (IT/AT/DE/SI/HU/CR) - Working community Galicia-North Portugal (ES/PT): - Permanent cross-border cooperation conference for West Vlaanderen / Vlaanderen-Dunkerque Côte d Opale (FR/BE): 2. Examples of structures of cross-border cooperation with a legal status of private law -Association: o Regio TriRhena (DE/FR/CH) o Kvarken Council (SE/FI o Øresund Committee (DK/SE o Association Euroregion Spree- Neiße- Oder e.v. (DE/CZ/PL) -Foundation (or similar): o Euregio Meuse-Rhine (DE/NL/BE) o NGO Co-operation Ireland (IE/UK registered charity) -Local Mixed Economy Society (LMES) of law French: - European Economic Interest Grouping (EEIG) of EU law: 3. Examples of cross-border cooperation structures with a public law legal status based on the domestic law of a Member State - The cross-border Public Interest Group (P.I.G.) of French law 11

12 4. Examples of cross-border cooperation structures with a public law legal status based on an interstate agreement: - The Consorcio of Spanish law: Consorcio Bidasoa- Txingudi - The Openbare lichaam of Dutch law: Euregio Benelux Middengebied - The Zweckverband of public law German: Euregio Rjin-Waal (DE/NL)109 and Euregio rhine-meusenorth (DE/NL) - The Local Cross-border Cooperation Grouping (LCCG): LCCG PAMINA 5. Examples of cross-border cooperation with a public law status based on a European regulation (EGTC) -Eurométropole Lille-Kortrijk-Tournai (F/BE) -Eurodistrict Strasbourg/Ortenau (DE/F) Three leading questions: Do we need a specific organizational solution? What is the appropriate form? Do we need a legal structure for it? -> Structure should follow the function and not the other way around!!! 12

13 Common patterns of CBC policy making 13

14 Specific patterns of the CBC working-culture Dominance of public actors (institutional partners of CBC) No specific competence for CBC bodies and institutions Policy-implementation through projects ( sectoral fragmentation, temporal stipulation) Principle of unanimity (strong veto potential but without real exit - option) Voluntariness and partnership principle (closed networks) Knowledge problem about the CBC territory due to lack of information (real world problems, possible potentialities) High complexity of procedures (importance of functional informal networks between persons) High dependence on domestic jurisdictions (Principal-Agent Problem) Lack of legitimacy (accountability and democratic control) No sanctions (in case of inactivity or lacking achievements) Typical problems of cross-border cooperation (I) How to identify the right partner in the neighbour state? Under-estimation of the (administrative) complexity Non awareness of the intercultural / language dimension Focus on money (who can cofinance) instead on problem-analysis and functional partnership relations Conflicts about key elements during implementation Lack of external support by the home institution (limits of inter-personnel networks) Incompatibility of EU financing procedures with budgetary practices and rules of the home-institution 14

15 Typical problems of cross-border cooperation (II) Ignorance of reporting requirements (internal, external) Delays in implementation with negative impacts on the programme as a whole (n+2) Lost / inactive partners during implementation need to compensate budget and activities Focus on description of instead of contribution to solving existing problems Justifying the expenses (personnel working part-time on the project) Consequences of the prefinancing requirement for the lead-partner Problem to continue after the EU funding (how to compensate the loss of 50 75% budget?): it was only a one-off exercise This explains why most cross-border projects are driven by public authorities/administrations civil society and the private sector hardly do participate actively projects are often studies or focus on soft areas sometimes no real cross-border value added occurs CBC is often perceived as symbolic action CBC sometimes lacks the link with the territorial reality CBC projects risk to be a one-off exercise or variations above already given themes 15

16 On the other hand every CBC project has per se a potential for innovation: - make working together people coming from different national backgrounds - built up new relations and trust - work on the scars of history -> Unfortunately not really a sufficient criteria to obtain EU-funding Multi-level-governance as a challenge 16

17 European Multi-level / Multi-actor Governance Highly complex, integrated and interdependent negotiation system, that is incorporating heterogeneous public and private actors on different, interconnected levels. Three principal elements: Decision-making competencies are both distributed vertically as well as horizontally (vertical and horizontal differentiation of actors), No hierarchical order, but competition for policy making competences, Highly dynamic negotiation system (Lang 2009) 33 / 15 Networks rather than classical institutions 34 / 15 Typologies of cross-border networks Information sharing networks - weakly institutionalised forms of networks with loose connections between actors; Learning Networks - mutually learning processes; Problem-solving Networks - aiming at common goals or at solving common problems, Policy-Networks developing and implementing an integrated policy strategy for a cross-border region. (Beck 1997) 17

18 Governance-model of the Trinational Metropolitan Region of the Upper-Rhine High level representatives of the four pillars strategic network Standing working group (technical level of the 4 pillars) cross-sectoral network Politics Economy Sciences Civil society sectoral networks The given administrative culture as challenge: How can a given CBC working culture be changed (time and incentives?) Are normative governance approaches in line with the structural conditions of CBC policy-making? (principal-agent problem) Cultural differences regarding central conceptual components Civil society: Mündiger Bürger (D) Usager-citoyen (F) Stimmbürger (CH)? Networks: functional strategic thematic informal institutional? Quality of actors: formal competence, political nomination, person vs. institution, personal committment / interest? Guidance/Control: formal decisions, informal arrangements, planningcontract, value for money, longterm impacts? Rational of action: Vision and strategy, pragmatism of local actors, potential / problem / result / procedural - orientation? 18

19 Open questions regarding CBC governance Real integration of private and social actors within CBC decisionmaking? Delegation of real competences to CBC functional networks? Horizontal coordination of diverse functional networks (How to build and manage a meta-network?) Future role of and change-management within existing cbc bodies? Limiting the dependence on the national juristictions vs. increasing the embeddedness in different politico-administrative settings? Can territorial CBC development strategies be binding for sectoral and third actors? Possibilities and consequences of overcoming the principle of unanimity (double majority, yes but what for?) In the case of new types of functional cbc territories (variable geometry) : how to manage the link with classical administrative organisation and competences (administrative limits)? How to integrate/coordinate different functional rationales of different sectors (public sector, private sector, civil society) within a cbc territorial governance apporach? -> CBC as laboratory for a new European territorial governance? Outlook: Strengthening the European function of CBC 19

20 On the one hand CBC is limited to the European cohesion policy perspective (-> the INTERREG community). The 5th cohesion report: A new policy approach with many good ideas - but only few pages explicitly on CBC and still perception as disadvantaged regions! Hundreds of Directives, Regulations, Communications, Action Plans etc. at EU-level per year 99% without consideration of possible impacts on cross-border territories! CBC territories not yet considered as real players at the EU-level (fragmentation of lobbying between MS, regions, CoR, PE and AEBR) Main policy-competences and priorities remain with member states: How to justify the CBC exception and the creation of new borders? On the other hand CBC is more and more in the air : the 30/40 argument is known in the Brussels institutions (30% of population/40% of the territory) The value for money argument becomes more important in the future: rethinking given CBC approaches is necessary and welcome The Commission has developed the EGCT, redesigns the cohesion policy and is more and more open for the case of CBC The concept of macro-regions (Baltic Sea, Danube, Mediteranean) refers explicitly to CBC Intention to better coordinate EU sectoral policy-interventions at the territorial level 20

21 Strengthening the EU-function of CBC means: 1. Optimising the internal cohesion of the CBC territory: Need-analysis, integrated development-planning, impact assessments and evaluation of new programmes and projects (added value of CBC approach) 2. Optimising the embeddedness of the CBC-subsystem: Clarifying the roles, interfaces and missions of CBC bodies, delegation of real competences in areas of strategic importance (vertical and horizontal subsidiarity) 3. Optimising the legal and functional frame: Clauses of experimentation within the domestic law, better integration of sectoral policy-approaches (national and EU-level), political will of horizontal competence transfer by local and regional actors 4. CBC-territories as testing-fields for future EU-Policy-initiatives: Joint participation at stakeholder consultations, CBC-category within the EU Impact Assessment System, laboratory for a new territorial governance in Europe, Lobbying in Brussels Kontakt Dr. Joachim Beck Direktor Euro-Institut Rehfusplatz 11 D Kehl Tel Fax Mail: [email protected] Thank you! 21