The Law and the Functions of Cross-border Cooperation

The framework in international, European and domestic law has radically changed in Europe over the past two decades in all areas of law. In one field, however, this has happened to the extent that, arguably, a new branch of law has been created: the law of crossborder cooperation between subnational and local authorities. What used to be at best a tolerated practice, carried out in the penumbra of the law, has now become a normative paradigm and has developed an autonomous area of multilevel, transnational law. A law produced by diverse sources, implemented by different actors, dealing with an extraordinary variety of subjects, and yet unitary in its function: to make common sense work and to bridge artificial divisions.

The presentation will deal with the genesis, the evolution and the establishment of the law of CBC in Europe, as well as its legal nature and the main functions it serves, including the prevention and the resolution of conflicts. It is argued that the new law of CBC epitomizes the integrated legal order of the 21st century: a multisource, multilevel, multi-actors, multidisciplinary and multinational legal system, yet a unitary phenomenon, where soft law and actual practices also play an essential role. Notwithstanding the spectacular proliferation of international and supranational sources in recent years, the law of CBC, it is argued, still is and will remain essentially a constitutional phenomenon mostly regulated by domestic procedures, although increasingly promoted by international, supranational and subnational actors.

Deadline for registration to the online event: 9 May, 12 pm.

No registration needed for participation in presence.

Scientific responsibility and organization: Elena Franchi