Cross-border cooperation · Border territories · European programmes

Cross-border cooperation: from strategy to the right legal framework

A shared project, a cooperation framework that suits it, and the financing to deliver it. For border authorities, European programmes and institutions.

The issue

A cooperation is built in three layers

Lasting cross-border cooperation means thinking the project, the framework that carries it and its financing together, with or without a European programme.

Between partners with different statuses, legal systems and administrative cultures, a lasting cooperation rests on a shared project, a framework that carries it and the financing that keeps it alive. That framework may be a simple agreement, an association or a dedicated structure: the choice starts from the project, not from the tool. We work on each of these layers.

The three layers of a cooperation
  1. 1
    A shared projectShared diagnosis, foresight, cooperation priorities
  2. 2
    A suitable cooperation frameworkAgreement, association, EGTC, local grouping or other form: choice of the framework, then rules of governance
  3. 3
    A financing framework and projectsMember contributions, national and European co-funding (INTERREG among them), design of projects
  • Do we need a structure, and which one?

    Agreement, association, European Grouping of Territorial Cooperation (EGTC), local cross-border grouping: a dedicated structure is not always necessary. Compare before choosing.

  • What governance?

    Allocation of votes, roles and resources between partners on either side of the border.

  • What financing?

    Member contributions, national co-funding, European programmes such as INTERREG: a possible support for projects, not a precondition of cooperation.

  • How do we keep it alive?

    Team, budget, monitoring and evaluation tools, relations with national authorities.

Who we work with

Border authorities and groupings

Municipalities, inter-municipal bodies, regions and existing groupings that want to launch, consolidate or restructure a cooperation: needs assessment, comparison of frameworks, agreement or statutes, governance and first projects.

European programmes and institutions

Programme bodies, States and international institutions that need an outside view on the legal and administrative obstacles to cross-border projects, on the design and evaluation of programmes, or on how local cooperation frameworks fit with European and national rules.

Why get support

  • Two legal systems, one cooperation

    On either side of a border, powers, procedures and controls differ. The framework chosen must hold on both sides without blocking either partner.

  • Choose before you draft

    Comparing an agreement, an association and a grouping against the project, the members and the financing avoids creating a structure that is not needed, or choosing one that does not fit.

  • Partners to bring together

    Administrative cultures, calendars and priorities differ. Workshops with partners from both sides make it possible to decide together.

  • Field experience

    In previous roles, Jonathan Boudry provided technical and legal support to the creation of several EGTCs and of a local cross-border cooperation grouping, and contributed to the definition of INTERREG programmes (see below).

Method

Understand, co-design, deliver

Our method in three stages, run with partners on both sides of the border: the project first, the framework second.

01

Understand

Shared diagnosis. A diagnosis shared by partners on both sides of the border.

02

Co-design

Frameworks compared. Decide whether a structure is needed, and which one.

03

Deliver

Acts and projects. Formalise and launch.

What we examine to compare frameworks

Legal personalityCapacity to contract, employ and hold a budget, or hosting by one of the partners
Eligible membersLocal authorities, States, public bodies, other organisations
Applicable lawLaw of the seat, regime of acts, supervision, accounting
GovernanceAllocation of votes, chair, assembly, management
FinancingMember contributions, co-funding, possible access to European programmes

The same method applies to other forms of public cooperation body.

StageWhat we doWhat you receive
Diagnosis
  • Interviews with partners and authorities
  • Analysis of flows, needs and existing cooperation
  • Common cooperation priorities
Shared cross-border diagnosis and cooperation priorities
Scenarios
  • Is a dedicated structure needed, or is an agreement enough?
  • Comparison of the possible legal frameworks
  • Governance and financing scenarios
  • Binational workshops
Comparison grid of cooperation frameworks and a reasoned recommendation
Formalisation
  • Draft agreement or statutes
  • Support with approval procedures
Draft agreement or statutes, and decisions to be taken
Financing and projects
  • Financing plan: member contributions, national and European co-funding
  • Development of the first projects, including European ones
Roadmap, financing plan and support to project development

Experience

What our partner has already done

Assignments carried out before the firm was founded, within public bodies or on their behalf. Anonymised presentation; details and contact persons are provided on request.

Project

International ferry across a border river

Jonathan Boudry · before the firm was founded

With a State outside the European Union. Project management assistance: inherited legal framework, three arrangements compared (international agreement, EGTC, in-house operation), operating modes, phased recommendation.

Project

Cross-border rail link

Jonathan Boudry · before the firm was founded

Between two regions and a non-EU State, project co-funded by INTERREG. Cooperation framework: the laws of the three countries, partnerships compared, EGTC recommended. Coordination of design offices: ticketing, rolling stock, signage.

Structures

Local grouping and several EGTCs

Jonathan Boudry · before the firm was founded

For a cross-border urban area and for mountain, rural, urban and maritime territories: choice of structure, statutes and governance.

INTERREG

European cooperation programmes and projects

Jonathan Boudry · before the firm was founded

Contribution to the definition and evaluation of INTERREG programmes; projects supported by these programmes.

Strategy

Territorial strategy of a cross-border area

Jonathan Boudry · before the firm was founded

For State services and an association of local authorities; support to the Luxembourg Presidency of the Council of the EU on territorial cohesion.

International

Cross-border cooperation programme outside Europe

Jonathan Boudry · before the firm was founded

For an international institution: pilot projects in three West African countries.

All cross-border references

General presentation, which is not legal advice: each cooperation calls for its own analysis. See also our expertise page for the full range of services.

A cross-border cooperation to frame?

A confidential first conversation, with no commitment, to clarify your needs and the useful scope.