European grouping of territorial cooperation

Last updated

A European grouping of territorial cooperation (EGTC) is a European Union level form of transnational cooperation between countries and local authorities with legal personality. EU Council Regulation 1082/2006 of 5 July 2006 [1] forms its legal basis. As of April 2021, 78 EGTCs are in existence. [2]

Contents

Composition

An EGTC must have members from at least two EU member states (or 1 member and 1 neighbouring country or OCT) and members can include

The composition and powers of an EGTC have to be described in a convention subject to approval by Member States with members in the body.

The organs of an EGTC must at least include:

(a) an assembly, made up of representatives of its members.
(b) a director, who represents the EGTC and acts on its behalf.

The convention can provide for additional organs. It also must specify the extent of the territory under which it may execute its tasks.

Powers and functions

When an EGTC is formed its convention has to define the objectives and powers of the entity and it is limited by the respective powers of its members under their national law. The law applicable to the interpretation and enforcement of the convention is the law of the Member State where the EGTC has its registered office.

The assembly of an EGTC approves an annual budget containing a component on running costs and, if necessary, an operational component. The EGTC or its Members are liable for any debts incurred.

An EGTC cannot exercise police and regulatory powers or powers in justice and foreign policy.

According to the regulation if an EGTC carries out any activity violating a Member State's provisions on public policy, public security, public health or public morality, or violates the public interest of a Member State, a competent body of that Member State may prohibit such activity on its territory or require those members which have been formed under its law to withdraw from the EGTC unless the EGTC ceases the activity in question. Such prohibitions can not be used as an arbitrary means to limit cooperation under the regulation and are subject to judicial review.

See also

Related Research Articles

<i>Societas Europaea</i> Public company registered under the corporate law of the European Union

A societas Europaea is a public company registered in accordance with the corporate law of the European Union (EU), introduced in 2004 with the Council Regulation on the Statute for a European Company. Such a company may more easily transfer to or merge with companies in other member states.

<span class="mw-page-title-main">European Union competition law</span> Economic law of the European Union

In the European Union, competition law promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society.

Companies House is the executive agency of the British Government that maintains the register of companies, employs the company registrars and is responsible for incorporating all forms of companies in the United Kingdom.

<span class="mw-page-title-main">European Structural and Investment Funds</span> European Union financial tools

The European Structural and Investment Funds are financial tools governed by a common rulebook, set up to implement the regional policy of the European Union, as well as the structural policy pillars of the Common Agricultural Policy and the Common Fisheries Policy. They aim to reduce regional disparities in income, wealth and opportunities. Europe's poorer regions receive most of the support, but all European regions are eligible for funding under the policy's various funds and programmes. The current framework is set for a period of seven years, from 2021 to 2027.

<span class="mw-page-title-main">European Free Trade Association Surveillance Authority</span> Compliance monitoring agency for European Economic Area in some non-EU countries

The EFTA Surveillance Authority (ESA) monitors compliance with the Agreement on the European Economic Area (EEA) in Iceland, Liechtenstein and Norway (the EEA EFTA States). ESA operates independently of the States and safeguards the rights of individuals and undertakings under the EEA Agreement, ensuring free movement, fair competition, and control of state aid.

The Undertakings for Collective Investment in Transferable Securities Directive is a EU directive that allows collective investment schemes to operate freely throughout the EU on the basis of a single authorisation from one member state. EU member states are entitled to have additional regulatory requirements for the benefit of investors.

<span class="mw-page-title-main">Health and Safety at Work etc. Act 1974</span> United Kingdom legislation

The Health and Safety at Work etc. Act 1974 is an act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.

A cross-border region is a territorial entity that is made of several local or regional authorities that are co-located yet belong to different nation states. Cross-border regions exist to take advantage of geographical conditions to strengthen their competitiveness.

<span class="mw-page-title-main">Enhanced cooperation</span> European Union procedure

In the European Union (EU), enhanced cooperation is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other member states being involved. As of October 2017, this procedure is being used in the fields of the Schengen acquis, divorce law, patents, property regimes of international couples, and European Public Prosecutor and is approved for the field of a financial transaction tax.

<span class="mw-page-title-main">Outline Convention on Transfrontier Co-operation</span> 1980 treaty

The European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities, also called the Madrid Convention, was launched by the Council of Europe (CoE) in 1980. The convention provides a legal framework for the establishment of cross-border regions. As of 2014, it has been ratified by 39 CoE member states.

<span class="mw-page-title-main">Area of freedom, security and justice</span> EUs home affairs and justice policies

The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by collateral effects of the free movement of people and goods in the absence of border controls or customs inspection throughout the Schengen Area, as well as to safeguard adherence to the common European values through ensuring that the fundamental rights of people are respected across the EU.

<span class="mw-page-title-main">Pyrenees–Mediterranean Euroregion</span> Political cooperation organisation

The Pyrenees–Mediterranean Euroregion (EPM) is a European Grouping of Territorial Cooperation (EGTC). Founded in 2004, it is a political cooperation organisation between the Generalitat of Catalonia, the Government of the Balearic Islands and the Occitanie / Pyrénées-Méditerranée Region.

<span class="mw-page-title-main">Cross-border cooperation</span>

Cross-border cooperation is the collaboration between adjacent areas across borders. In the European Union this is one of the forms of territorial cooperation. The European model is very diverse with cooperation between border regions or municipalities, or through specific cooperation structures. These structures are usually composed by public authorities from different countries organized in working communities, euroregions or EGTCs.

<span class="mw-page-title-main">General principles of European Union law</span> Principles applied by European courts

The general principles of European Union law are general principles of law which are applied by the European Court of Justice and the national courts of the member states when determining the lawfulness of legislative and administrative measures within the European Union. General principles of European Union law may be derived from common legal principles in the various EU member states, or general principles found in international law or European Union law. General principles of law should be distinguished from rules of law as principles are more general and open-ended in the sense that they need to be honed to be applied to specific cases with correct results.

The European Union's Third Energy Package is a legislative package for an internal gas and electricity market in the European Union. Its purpose is to further open up the gas and electricity markets in the European Union. The package was proposed by the European Commission in September 2007, and adopted by the European Parliament and the Council of the European Union in July 2009. It entered into force on 3 September 2009.

<span class="mw-page-title-main">General Data Protection Regulation</span> EU regulation on the processing of personal data

The General Data Protection Regulation, abbreviated GDPR, or French RGPD is a European Union regulation on information privacy in the European Union (EU) and the European Economic Area (EEA). The GDPR is an important component of EU privacy law and human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the European Union. It also governs the transfer of personal data outside the EU and EEA. The GDPR's goals are to enhance individuals' control and rights over their personal information and to simplify the regulations for international business. It supersedes the Data Protection Directive 95/46/EC and, among other things, simplifies the terminology.

<span class="mw-page-title-main">Treaties of the European Union</span>

The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.

<span class="mw-page-title-main">European Union lobbying</span> Lobbying in the European Union

Lobbying in the European Union, also referred to officially as European interest representation, is the activity of representatives of diverse interest groups or lobbies who attempt to influence the executive and legislative authorities of the European Union through public relations or public affairs work. The Treaty of Lisbon introduced a new dimension of lobbying at the European level that is different from most national lobbying. At the national level, lobbying is more a matter of personal and informal relations between the officials of national authorities, but lobbying at the European Union level is increasingly a part of the political decision-making process and thus part of the legislative process. 'European interest representation' is part of a new participatory democracy within the European Union. The first step towards specialised regulation of lobbying in the European Union was a Written Question tabled by Alman Metten, in 1989. In 1991, Marc Galle, Chairman of the Committee on the Rules of Procedure, the Verification of Credentials and Immunities, was appointed to submit proposals for a Code of conduct and a register of lobbyists. Today lobbying in the European Union is an integral and important part of decision-making in the EU. From year to year lobbying regulation in the EU is constantly improving and the number of lobbyists is increasing.

Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.

Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland, Application no. 45036/98, was a decision taken by the Grand Chamber of the European Court of Human Rights (ECHR) which held that the Court's role is confined to ascertaining whether the effects of Member States' national adjudications are compatible with the European Convention on Human Rights.

References

  1. Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC)
  2. "Register of European Groupings of Territorial Cooperation". Committee of the Regions . Retrieved 2021-04-07.