Project R-11569

Cross-border interlocal cooperation: Does governmental law still have a future? (working title) (Research)

In 1980, the Council of Europe created a framework for cross-border interlocal cooperation. Since then, the legal framework for cross-border interlocal cooperation has been gradually expanded. Today, this form of cooperation is anchored in European and national law. A regulatory framework has also been provided for the Benelux. Despite the existence of a broad regulatory framework, it remains unclear which law applies to cross-border partnerships. The regulatory framework mainly lays down rules on the establishment of these partnerships and, in other words, does not provide for any provisions applicable to its actual operation. The question of applicable law is particularly complex when it comes to governmental law. Within this branch of the law, the principle of territoriality is central. This principle implies that governmental law has a limited scope which is limited by national borders. When actors subject to governmental law cooperate across national borders, this results in a stalemate regarding the applicability of governmental to these partnerships. The doctoral research therefore tries to find out whether the territoriality of administrative law can be reconciled with the legal figure of cross-border interlocal cooperation. Where necessary, it aims to formulate recommendations concerning the relationship between administrative law and cross-border interlocal cooperation.

11 May 2021 - 10 May 2023