Ricardo FERREIRA, European Commission DG REGIO, Belgium
The b-solutions initiative aims to contribute solving obstacles to EU’s internal border integration, which hinder citizens’ access to public services and free moment, mainly due to varied legal frameworks applicable in different parts of a cross-border region. Those lead to an overall difficulty for locals to fully exploit their territory in the neighbouring countries, despite the EU legislative framework, or, in some cases, because of different transpositions of EU law. After compiling over 90 cases, data shows a shift from the single formula one-territory-one-sovereign as a standard answer for normative shortcomings in cross border contexts. Instead, it highlights that it is precisely ad hoc legal solutions structured through cross-border joint efforts via bilateral agreements, mutual exemptions and recognitions that were chosen by the experts involved in the initiative.
As a result, the project identified the creation of a plural legal fabric based not on hierarchy, but on cooperation towards the specific needs of the citizenship. This preference for tailor-made designs, therefore, reflects the inputs that come directly from the civil society, generating a multi-level governance that is programmed bottom-up according to material convergence reached by locals. This indicates the existence of intertwined legal systems based on responsiveness, instead of hierarchy.
On the other hand, the findings also points that for those involved in a concrete case of cross border obstacle, the concept of territory goes beyond its spatial features limited by administrative borders. According their view, the very construction of social relations and common life histories brings together a territory, not solely jurisdiction lines. The communication will discuss some of its findings, showcasing examples of cross-border barriers and creative solutions.
Mots clés : cross-border| territory|legal pluralism|EU integration|cooperation
A104388HC