2 Outline agreements, statutes, and contracts between local authorities

2 Outline agreements, statutes, and contracts between local
authorities

 

Introductory note:

 

Outline agreements, contracts and statutes intended for local authorities

 

Like States, local authorities could be offered a choice of agreements and contracts. In fact, such a choice already exists in a number of countries, as is shown by the appreciable volume of documentation on agreements concluded that has already been assembled.

The proposed system comprises six outline agreements, contracts and statutes corresponding to different degrees and formulae of local transfrontier co-operation. According to the scope and state of national legislation, these outlines may either be put to immediate use or may be subordinated to the adoption of an inter-state agreement governing their use.

In general, the conclusion of inter-state agreements, even when it does not seem absolutely essential, could help to clarify the conditions on which these agreements may be used by the local authorities. In any event, the conclusion of an inter-state agreement would seem to be a prerequisite for recourse to the agreement numbered 2.6 (transfrontier co-operation organs).

This system of outline agreements intended for local authorities corresponds to the model inter-state agreements. Reference is made to the inter-state agreements in the introductory note to each outline.

It is then possible to integrate the agreements and organs set up at local level, into the structures of transfrontier consultation to be set up at regional or national level. For example, the local liaison committees (outline 2.1) could be integrated into the structure of the Commissions, Committees and working parties stipulated in the model inter-state agreement on regional transfrontier consultation (1.2).

Also, these models have been designed on a schematic basis, as it was not possible to take a global view of all the problems that could arise in each particular case. The outlines are a valuable guide, but may be amended according to the needs encountered by the local authorities using them.

Likewise, local authorities must determine means of encouraging citizen participation in transfrontier consultation in the socio-cultural sphere. Such participation would certainly overcome the psychological obstacles sometimes seriously impeding transfrontier co-operation. Consultation, supported by public interest, would also benefit from a solid foundation. One way of encouraging public participation would be to have recourse to an association. Thus, one of the outlines (2.3) concerns the setting up of a private law association.

 

 2.1  Outline agreement on the setting up of a consultation group between

      local authorities                                                  

 2.2  Outline     agreement   on   co-ordination  in  the  management  of

      transfrontier local public affairs                                 

 2.3  Outline  agreement  on  the setting up of private law transfrontier

      associations                                                       

 2.4  Outline contract for the provision of supplies or services  between

      local authorities in frontier areas ("private law" type)           

 2.5  Outline contract for the provision of supplies or services  between

      local authorities in frontier areas ("public-law" type)            

 2.6  Outline  agreement  on  the  setting  up of organs of transfrontier

      co-operation between local authorities                             

 2.7  Model agreement on interregional and/or intermunicipal economic and

      social co-operation                                                

 2.8  Model agreement on interregional and/or co-operation  in  the field

      of spatial planning                                                

 2.9  Model  agreement  on  the  creation and management of transfrontier

      parks                                                              

 2.10 Model agreement  on  the  creation  and management of transfrontier

      rural parks                                                        

 2.11 Model agreement  on  the  creation  and management of transfrontier

      parks between private law associations                             

 2.12 Model  agreement  between  local  and  regional  authorities on the

      development of transfrontier co-operation in civil  protection  and

      mutual aid in the event of disasters occurring in frontier areas   

 2.13 Model agreement on transnational co-operation between  schools  and

      local communities                                                  

 2.14 Model  agreement  on  the  institution  of a  transfrontier  school

      curriculum                                                         

 2.15 Model agreement on transfrontier or interterritorial   co-operation

      concerning land use along transfrontier rivers