European juridical instruments of territorial cooperation - Towards a decentralized foreign policy in Europe?

• Author: Matusescu Constansa
• Position: Faculty of Law and Social and Political Sciences, Social and Political Sciences Department 'Valahia' University of Târgoviste, Târgoviste, Romania
• Pages: 87-93

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 87-93

87

EUROPEAN JURIDICAL INSTRUMENTS OF TERRITORIAL

COOPERATION – TOWARDS A DECENTRALIZED FOREIGN

POLICY IN EUROPE?

1

C. Mtuescu

Constana Mtuescu

Faculty of Law and Social and Political Sciences, Social and Political Sciences Department

“Valahia” University of Târgovite, Târgovite, Romania

*Correspondence: Constana Mtuescu, “Valahia” University of Târgovite, 2 Regele Carol I

Boulevard, Târgovite, Dâmbovia, Romania

E-mail: constanta_matusescu@yahoo.com

Abstract:

Starting with a brief foray into the evolution of the legal framework and practice of the

cross-border cooperation in Europe, the study proposes some reflections on the potential of

the European legal instruments of territorial cooperation to shape a “local diplomacy” as a

new way of exercising local powers in Europe and its relations with the traditional

diplomacy.

Keywords: local authorities, decentralization, territorial co-operation, international

agreements, foreign relations.

Introduction

Bastion of national sovereignty and traditional monopoly of the state, the foreign

relations represented a field where the regional and local authorities’ intervention was, if not

excluded, at least strictly framed by the state. Despite the absence of a domestic or

international legal framework to legitimize their external action, amid strengthening local

autonomy and the role of the regions in most European countries, the cross-border co-

operation, as a way of getting the communities on both sides of borders closer, has become a

constant in Europe since the second half of the twentieth century. European integration

strengthened the synergies between the territories and stressed the need for co-operation

between local authorities. If the practice of cross-border co-operation got ahead law in this

area

2

, adopting such legal instruments of co-operation at European level represented a

necessary step. European Grouping of Territorial Cooperation (EGTC)

3

inside the European

Union and, more recently, Euro-regional Co-operation Grouping (ECG)

4

at the level of the

Council of Europe, are two legal instruments which have a great development potential for

the local foreign action of the sub-national collectivities.

1

This work was supported by CNCSIS-UEFISCSU, project number P N II-RU, code 129, contract 28/2010.

2

L. Malo, Autonomie locale et Union europeenne, Bruylant Publishing Ho use, Brusseles,2010, p. 269.

3

Regulation (EC) No 1082/2006 of the European Parliament and of t he Council of 5 July 2006 on a European

grouping of territorial cooperation (EGTC), Official Journal of the European U nion, L 2010/31 July 2006.

4

Protocol no. 3 in The Framework Agreement regarding the cross-border coop eration of the collectivities of

territorial authorities concerning the Euro-regional Grou ping of Cooperation (EGC), open for signing at Utrecht,

on November 16, 2009, Series Treaties of the Council of Europe , no. 206.