Legal obstacles of EGTCs

Objective

The original aim of the subproject was the review of the work experience and legal obstacles related to the operation of EGTCs with Hungarian interest, in order to review the EGTC Regulation planned in connection with the EU budgetary planning process starting in 2018; and with the help of the review of the work experience and legal obstacles related to the operation of EGTCs with Hungarian interest ,to propose an amendment to the Regulation that can exclude misuse and promote exemplary models across the EU. However, the Commission Report of 17 August 2018 concluded that other types of activities were needed instead of a further amendment of the EGTC Regulation. However, we did not exclude the clarification of the situation in Hungary, and to gather information about the legal difficulties, and taking into account the current good practices

Download

The study (Legal obstacles of EGTCs) prepared in the frames of this subproject can be downloaded by clicking on its cover below.

Implemented activities

In order to gather the operational experience of the EGTCs in Hungary, a questionnaire consisting of 19 questions was sent to EGTCs with Hungarian interest. This questionnaire was completed by 10 EGTCs.

Hungarian EGTCs participating in the questionnaire and interview

Based on the questionnaire, a personal interview was also made with 8 EGTC representatives. The primary purpose of the interviews was to specify the problems identified during the questionnaire and to go into further details about their experience through the means of personal communication. In addition to the questionnaire and personal interviews with the EGTC representatives, office research work was also carried out within the subproject. This research focused on examining the legal environment at EU and national level for EGTCs, and on reviewing regulations related to the EGTCs’ experience. The project resulted in a study written in English, which was also sent to the EU institutions involved in EGTC policy.

Proposals

Based on the obstacles identified during our research and the professional experience of recent years, we identified three problems and we also made suggestions for eliminating legal obstacles of the functioning of the EGTCs:

  • Proposals are drafted in the context of the EGTC ‘s experience revealed in this study;
  • Proposals are developed based on the experience gained through many years of professional support of the EGTCs;
  • Proposals for how to use the opportunities provided by the current SGEI and EGTC regulations.

Although the first two set of proposals made recommendations based on EGTC’s experience, the third one would like to highlight a way forward with the current SGEI and EGTC regulations.

Perspectives

Based on the information unravelled in the subproject, the study came to a similar conclusion as the report of the European Commission in 2018: the main problem lies not in the legal framework, but in the unambiguous interpretation and unequivocal application of the current legislation, as well as in the lack of awareness of the concerned parties. Thus, the implementation of information events on the situation in the EGTCs is likely to be a continuation of this subproject. In that respect, CESCI launches two new initiatives:

  • compiling a guide on the legal environment for cross-border developments;
  • and the development of an online platform with the name of the EGTC monitor, which will provide a comprehensive picture of the Hungarian EGTCs.