El marco jurídico de la cooperación transfronteriza: su concreción en el ámbito hispano?francés

Fernández de Casadevante Romaní, Carlos

Publication year:

2001

Publication place:

Donostia-San Sebastián

ISBN:

84-8419-934-7

ISSN:

1137-442X

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Summary

Transborder cooperation between territorial entities of different States always brings about problems and legal difficulties as the consequence of the intervention of different national legal systems. The Council of Europe, since the nineteen-eighties, has tried to confront these problems through the elaboration of the European Framework Agreement on Transborder Cooperation dated 21st May 1980. As it was an agreement with a general content, it constituted an important but insufficient starting point. Thus the need for international treaties (so-called "coverage treaties") between the States whose territorial entities wished to cooperate accross national borders. In the Spanish ? French area, that international norm is the Treaty of Bayonne, dated 10th March 1995, on transborder cooperation between territorial entities. It has the merit of covering the existing legal shortcomings in the internal laws of Spain and France, there by allowing for complete transborder cooperation at present (which includes the signing of instruments on the creation of organisations of cooperation, with or without legal personality).