Legal Perspectives Supporting Multi-Level Governance for the Benefit of Citizens

Zillmer, Sabine Gabriele (2024) Legal Perspectives Supporting Multi-Level Governance for the Benefit of Citizens. JOURNAL OF ADVANCED STUDIES ON BORDERS COOPERATION AND DEVELOPMENT. pp. 96-106. ISSN 3057-9872

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Abstract

The analysis of b-solutions cases highlights that legislative changes at the European Union, national and sub-national levels are frequently necessary to remove obstacles that hinder the effective functioning of cross-border areas. It explores a broad spectrum of legal and institutional approaches, ranging from amendments to existing EU directives, particularly in fields such as public procurement and social security, to the revision of bilateral agreements between neighbouring states. In addition, the research examines the practical role and potential of European Groupings of Territorial Cooperation (EGTCs) as an instrument for facilitating structured cross-border collaboration. A central theme of the analysis is the promotion of active subsidiarity, whereby solutions are designed and implemented through bottom-up processes that actively involve local and regional stakeholders. These actors are often best positioned to identify and address specific territorial challenges. The analysis underscores that, although current EU frameworks formally support the four freedoms, they frequently fall short in ensuring their effective application in border regions. This results in tangible disadvantages for residents, particularly in areas such as healthcare access, transport connectivity and labour mobility. Subsequently, the research article advocates for the introduction of more flexible governance tools, such as the proposed Cross-Border Facilitation Tool (formerly ECBM), to address persistent legal and administrative barriers. Ultimately, the study concludes that strengthening citizens’ rights requires a coordinated, multi-level governance approach that combines legislative reform with proactive local engagement.

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