CROSS-BORDER COOPERATION OF LOCAL GOVERNMENTS IN THE FIELD OF SAFETY IN POLISH-SLOVAK PROJECTS. THEORETICAL APPROACHES AND A CASE STUDY Marek WALANCIK* Joanna KUROWSKA-PYSZ** *Professor, PhD., WSB, Science Vice-Rector, Head of the Department of Education, Academy of Business in Dąbrowa Górnicza, Poland **Ph.D., Head of the Department of Management and Production Engineering, Academy of Business in Dąbrowa Górnicza, Poland The paper focuses on the issues related to the improvement of safety in the borderland, thanks to the use of EU funds for cross-border cooperation by local governments, dedicated to solving common cross-border problems, inter alia, in the area of risk prevention and elimination of their consequences. The authors analyzed the determinants of the activities conducted by selected local government units in cross-border cooperation to ensure safety, including projects related to risks that could potentially occur in the borderland. The proposals include recommendations on future directions for cooperation between local borderland governments to improve safety in these areas. Key words: project, local government, cross-border cooperation, European Union funds. 1. INTRODUCTION Fund to the border regions which aim to promote their convergence The formation of favourable with better developing areas of the conditions for the development of European Community. Both the central borderlands always refers to the need government, as well as local regional, to solve common problems, whose district and municipal governments take scale and importance goes beyond part in these actions, according to their borders of the neighbouring regions of legal competence. the two countries. The issue of cross- Due to the existing legal model, border cooperation results from the the central government is responsible need to deepen integration and solve for ensuring public safety, but some problems occurring in the regions responsibilities in this regard are also located in the borderland of two or more assigned to local government units. Under countries. Due to their unique location, law, they are responsible, among others, the border regions on the one hand are for some aspects of ensuring safety and often excluded from large, national preventing various types of risks, specifi c infrastructure investments, among to the borderlands, due to their specifi c others, due to their peripheral location, geopolitical location and often also natural unique geographical conditions, etc.. conditions. Borderlands are generally areas However, at the same time, they enjoy with poorer development opportunities, the exceptional support of the European they are peripheral and vulnerable to Union as regards creating conditions marginalization, inter alia due to natural for equal development opportunities and anthropogenic barriers that hinder for areas disadvantaged in economic or cross-border integration [1]. Overcoming social terms. Special funds fl ow from these barriers and integration of border the European Regional Development communities are the most important challenges facing cross-border between communities and territorial cooperation partners, including local authorities of two or more number governments. An important strategic of countries, as well as to conclude task for the neighbouring borderland agreements and make arrangements governments is therefore to develop necessary to implement such plans. a common model of an integrated Cross-border cooperation is limited development management, among others, by the framework of characteristics in the area of safety, which also requires of communities and territorial using signifi cant fi nancial resources. An authorities, in the manner specified by important support for local governments domestic law [3]. The above-mentioned working together in the borderlands may act sanctions actions that actually were be the availability of special funds for often taken previously by the local this purpose, coming from the so-called governments. With the democratization cross-border cooperation programmes of international relationships, the which are dedicated to solving common population living in the territory “has problems, crucial for these areas, which become currently an active, essential can include public safety. element, decisive through a principle The purpose of the paper is to recognized in international law of self- analyze the possibilities of using the determination of peoples about the shape so-called cross-border funding by local of its statehood, system and the fate of governments for projects related to their national territory.”[4] Cross-border safety in a broad sense, in the context of cooperation in the form of "twinning" the threats that could potentially occur in agreements between municipalities or the borderlands. The authors also present cities only needed to be legitimized by recommendations for further directions the state. By signing this legislation, of development of local borderland the Republic of Poland has committed governments cooperation initiatives itself not only to approving such aimed to improve safety in these areas. arrangements, but also to facilitating and “supporting this cooperation as much as 2. DETERMINANTS OF THE possible.”[5] DEVELOPMENT OF CROSS- The European Charter for Border BORDER COOPERATION and Cross-Border Regions highlights BETWEEN LOCAL cross-border neighborhood cooperation GOVERNMENTS (border regions) and foreign one (authorities at the regional and local Effective development of all cross- level, organizations or institutions border links is conditioned by the representing border areas). In this sense, existence of fundamental international cross-border cooperation refers not instruments referring to mutual only to the actions taken by local or recognition of neighbours, regulating regional authorities, but also to the joint forms and rules of cross-border initiatives of companies, organizations communication and developed border and residents, [6] whose genesis is often infrastructure. Poland has concluded associated with previously initiated extended treaties on security, mutual contacts between local governments. friendship, international, economic, An important document regulating cultural and scientifi c cooperation with the cross-border cooperation of local its neighbours, and thus it has regulated government units is the European border relationships [2]. The defi nition Charter of Local Self-Government, of cross-border cooperation, formulated setting out the rules for the conclusion of in the European Outline Convention agreements between states about supporting on Transfrontier Cooperation between cross-border cooperation and regional cross- Communities and Territorial Authorities border arrangements [7]. The European of 21 May 1980 defi nes it as any concerted Charter of Local Self-Government, action designed to reinforce and further developed by the Association of develop neighbourly relationships European Border Regions, gives wide powers to regional authorities communities [14]. Taking into account in matters relating to cross-border the preservation of the unity of the state, cooperation [8]. The fi rst Polish legal the legislator limited the powers of local act pointing to the possibility of starting government in an international association, cross-border cooperation between Polish compared with the freedom of action in municipalities is the Act of 8 March the national association. Accession to 1990 on territorial self-government, [9] such an association must comply with the which allows municipalities to create “Priorities of international cooperation associations. Secondary legislation to of a province.” The local government the Act on the relationships between unit, acting in accordance with the Polish municipalities is contained in Ordinance domestic law and foreign policy, cannot No. 47 of the President of the Council of transfer public tasks, public property or Ministers of 16 August 1990 [10]. property rights to the association [15]. An Cross-border cooperation of Poland example of local governments associations with neighbouring countries has developed is the activity of local Polish-Czech-Slovak since the early 1990s, mostly in the form Beskydy Euroregion, which is based on of agreements between local governments the so-called self-government model of the neighbouring border regions, for of institutionalizing earlier cross-border example agreements about “twinning” cooperation, initiated on each side by the cities and agreements under which the goal-related associations: the "Region Euroregions were created. A Euroregion is Beskydy" Polish Association based in a region located in the borderland of two or Bielsko-Biała, the Slovak Association: more states, whose existence is based on Združenie “Región Beskydy” based in a formalized cross-border cooperation on Zilina and the Czech association: Sdružení the implementation of common objectives “Region Beskydy” in Frýdek-Místek of local governments and other institutions [16]. A condition for membership in the and entities operating on its territory [11]. structures of the Euroregion is to join the It can also be characterized as a form of local associations of local government institutionalized cooperation in the border units on each side of the border. Currently, regions of different countries, taking members of local associations belonging to place in full respect of national borders the Euroregion Beskydy is a total of about and laws in force in the territories of the one hundred