Co-Operation Across the Swiss-German Border
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Briefing Note Co-Operation Across the Swiss-German Border January 2018 1 Introduction1 Co-operation between Switzerland and its EU-neighbour states is framed by bilateral agreements with both the EU as a whole, and individual states such as Germany. Switzerland’s membership of the Schengen Area enables people to cross from one state to another without having to pass through passport controls at the border. Nevertheless, different duties and limits on the import of goods requiring customs controls, different administrative systems, and the usage of different currencies and taxes all of which impact on cross-border movement are some examples of the different facets of the borders between Switzerland and its EU neighbours. Bilateral agreements between the EU and Switzerland reduce the effect of non-membership. The freedoms of the European internal market and the bilateral agreements between Switzerland and the EU are to some extent slowly removing the border’s ability to represent an obstacle to cross-border mobility and co-operation, but differences in the legal and administrative systems, mentalities and cultural preferences persist. In view of this, many different approaches are used to establish, encourage and simplify cross-border collaboration. These can be discerned at different levels and with respect to various subject areas. The following provides an overview of the institutional framework for co-operation established at various levels. The paper begins with a discussion of multi-level governance in the Upper Rhine region, before placing this within the regional and local contexts, and highlighting the environment for concrete projects that form part of Switzerland's participation in the EU’s INTERREG programme. However, it will do so whilst simultaneously accentuating the particular challenges facing a non-EU country. Beside institutionalized co-operation, daily collaboration between the respective national authorities represents an important pillar. An example is police co-operation which is examined below for its relevance to the case of the UK-Ireland land border post-Brexit and the associated focus on border authorities. Multi-level governance in the Upper Rhine region The neighbourly co-operation between Switzerland, France and Germany in the Upper Rhine region (and its component sub-areas) extends to all areas of economic, social and cultural life. It is conducted through members of the region’s various parliaments, representatives of local authorities or police officers as part of a system of multi-level governance that has evolved over decades. Although cross-border co-operation between Germany and Switzerland takes place outside the EU, and co-operation between France and Germany began as a purely bilateral arrangement, the European institutions have had a major influence on cross-border relations. For instance, the institutionalisation of many forms of co-operation in the Upper Rhine relies on legal instruments such as the European Grouping of Territorial Co-operation (EGTC).2 Moreover, the importance of INTERREG funding is demonstrated in the execution of tasks by cross-border institutions. Participation in the EU INTERREG Programmes since 1989 has given an enormous boost to cross- border co-operation in the region that continues to date.3 1 This Briefing Note was authored by Tobias Heyduk from the Hochschule für öffentliche Verwaltung Kehl, during his internship at the Centre for Cross Border Studies. 2 European Parliament and Council Regulation (EU) No 1302/2013 on a European grouping of territorial cooperation (EGTC) as regards the clarification, simplification and improvement of the establishment and functioning of such groupings [2013] OJ L 347/303 http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX:32013R1302. See as an example the Eurodistrict Strasbourg-Ortenau, which was founded as an EGTC in 2010: http://www.eurodistrict.eu/fr/histoire 3 Eric Jakob (2011), Der Oberrhein – Ein Governance-Modell für andere Grenzregionen? http://www.regbas.ch/de/assets/File/downloads/Text_Jakob_Oberrhein_Governance.pdf. pp.103-104 2 At present, three levels of governance can be analytically distinguished in the Upper Rhine region (even if this separation is not always clearly recognised in practice): national, regional and local level.4 These levels of co-operation are represented in Figure 1 below. At the national level, an Intergovernmental Commission was established for the examination and resolution of neighbourly issues that cannot be decided at the regional level; two further bodies exist at the regional level - the Upper Rhine Conference5 and the Upper Rhine Council. In the former, government representatives of the regional administration come together through thematic networks of expert committees and working groups to guarantee programmatic continuity. The latter, on the other hand, is a committee for the elected representatives in the region. Upper Rhine Conference: co-operation of regional administrations ▪ Five Swiss cantons: Basel-Stadt, Basel-Land, Solothurn, Aargau, Jura ▪ German states Baden-Wuerttemberg and Rhineland-Palatinate ▪ French state represented by Préfecture, the Régions Alsace, Bas-Rhin and Haut-Rhin Upper Rhine Committee: co-operation of regional elected representatives ▪ Swiss cantonal parliaments ▪ German MPs, district administrators, city and local councils ▪ French Regional and General Councils, elected from larger cities Three German-French Eurodistricts and a tri-national one bring actors on a local level together: ▪ Regio Pamina6 ▪ Eurodistrict Straßbourg-Ortenau7 ▪ Eurodistrict Région Freiburg/Centre et Sud Alsace8 ▪ Trinational Eurodistrict Basel (TEB)9 co-operation of co-operation of executives legislatures national level IGC Upper Rhine Upper Rhine regional level Conference Council local level Eurodistricts Figure 1 – Multi-level governance in the Upper Rhine region 4 Michael Frey (2011), Eine integrierte grenzüberschreitende multi-level-Governance für den Oberrhein. In: Grenzüberschreitende Zusammenarbeit leben und erforschen (Band 2): Governance in deutschen Grenzregionen. Ed: Beck, Joachim; Wassenberg, Birte. Stuttgart: Franz Steiner Verlag, p.166 5 http://www.conference-rhin-sup.org/fr/services/english.html 6 http://www.eurodistrict-pamina.eu/ 7 http://www.eurodistrict.eu/ 8 http://www.eurodistrict-freiburg-alsace.eu/ 9 http://www.eurodistrictbasel.eu/ 3 The regional level - the Upper Rhine Conference The legal basis of the Upper Rhine Conference (URC) is an inter-state treaty which was concluded in 197510 and laid the basis for the founding of the Conference in 1997. Since 2000, the so-called Basel Agreement11 has constituted the legal basis of the Conference. The URC was founded without its own legal personality. It is the central body of regional public partners in cross-border co-operation. Implementation tools were not transferred to the regional Conference, so implementation takes place within the jurisdictions of each partner. Therefore, decisions made by the URC are formally realised in the frame of the particular processes and mechanisms with their own requirements and administrative procedures. In other words, after a decision is made in the URC, the actual implementation is taken forward by existing national bodies. Twelve working groups have been established to deal with issues on a cross-border basis and approximately 35 expert commissions which are implementing specific projects. The working groups and expert committees bring together not only public administration staff but also experts from business and civil society. These groups and committees are regarded as the backbone of cross- border co-operation.12 They operate in the following areas: • Education and vocational training • Environment • Public health • Regional transport policy • Youth programmes • Economic policy • Disaster Relief • Agriculture • Culture • Sport • Regional planning • Climate and Energy The URC thus operates predominantly in traditional cross-border co-operation policy areas, such as environmental protection, transport, health, education or business development. The working groups are monitored by the steering committee - the central coordinating and decision-making body of the Conference - which is made up of decision-makers from public institutions. They perform their steering function within the framework of management and coordination committees. The committee constitutes a permanent contact point for the expert committees and an organizational unit for the planning, monitoring and evaluation of the implementation of cross-border projects. The Local Level - Trinational Eurodistrict Basel Eurodistricts are local administrative entities that are set up to establish a cross-border area and develop a common identity within an interconnected European space. They are based on a co- operation agreement, including a declaration of common strategic objectives by the partners. 10 http://www.oberrheinkonferenz.org/de/oberrheinkonferenz/downloads.html?file=files/assets/ORK/docs_de /allgemein/texte-abkommen/DE-Bonner-Abkommen-1975.pdf 11 http://www.oberrheinkonferenz.org/de/oberrheinkonferenz/downloads.html?file=files/assets/ORK/docs_de /allgemein/texte-abkommen/EN-Basler-Abkommen-2000.pdf 12 Eric Jakob (2011), Der Oberrhein – Ein Governance-Modell für andere Grenzregionen? http://www.regbas.ch/de/assets/File/downloads/Text_Jakob_Oberrhein_Governance.pdf. p.104 4 The establishment of the Eurodistrict in the trinational agglomeration of Basel (TEB) has brought two innovations. On