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

Keywords: Multi-level governance, Active subsidiarity, b-solutions initiative, Citizens' legal rights, Cross-Border Facilitation Tool, EGTC

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.

References

Association of European Border Regions (AEBR) & European Commission (EC). (2020a). Annex b-solutions: Solving Border Obstacles. A Compendium of 43 Cases. https://www.b-solutionsproject.com/_files/ugd/8f68c1_87d9fd6446e146808bdd9af746c1b630.pdf

Association of European Border Regions (AEBR) & European Commission (EC). (2020b). b-solutions: Solving Border Obstacles. A Compendium of 43 Cases. https://www.b-solutionsproject.com/_files/ugd/8f68c1_4ce87ef8407445839b3b19c392c5a2a2.pdf

Association of European Border Regions (AEBR) & European Commission (EC). (2021a). Border regions for the European Green Deal. Obstacles and solutions to cross-border cooperation in the EU. https://op.europa.eu/en/publication-detail/-/publication/1d74eec5-5bc5-11ec-91ac-01aa75ed71a1/language-en

Association of European Border Regions (AEBR) & European Commission (EC). (2021b). b-solutions: Solving Border Obstacles. A Compendium 2020-2021. https://www.b-solutionsproject.com/_files/ugd/8f68c1_d4b7ca6eb8c4448598e62e0b66f8c08e.pdf

Association of European Border Regions (AEBR) & European Commission (EC). (2021c). More and better cross-border public services. Obstacles and solutions to cross-border cooperation in the EU. https://www.b-solutionsproject.com/_files/ugd/8f68c1_1dc850a1f1e54f8dab9a752275d7b590.pdf

Association of European Border Regions (AEBR) & European Commission (EC). (2021d). Vibrant cross-border labour markets. Obstacles and solutions to cross-border cooperation in the EU. https://www.b-solutionsproject.com/_files/ugd/8f68c1_dcb33d7c2811420ca93b25cbdcb4b172.pdf

Association of European Border Regions (AEBR) & European Commission (EC). (2024). b-solutions: Solving Border Obstacles. A Compendium 2022-2023. https://op.europa.eu/en/publication-detail/-/publication/8b604a00-f61a-11ee-8e14-01aa75ed71a1/language-en

COM(2018) 373 final. (2018). Proposal for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context.

COM(2023) 790 final. (2023). Amended proposal for a regulation of the European Parliament and of the Council on facilitating Cross-Border Solutions.

ESPON. (2018). Cross-border Public Services (CPS), Scientific Report— Annex I Detailed EU-wide analysis of CPS (Targeted Analysis) [Final Report]. ESPON.

The Member States (2016). Consolidated version of the Treaty on the Functioning of the European Union. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12016E/TXT&from=E

Published
2024-12-15