Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4517.html
Law No. 4517 Acceptance date: 1.2.2000
Article 1 - within the framework of the Council of Europe opened for signature in Madrid on May 21, 1980, and Turkey by 4, signed in Strasbourg in February 1998 the "European Cross-Border Cooperation Framework Agreement between Territorial Communities or Authorities", the "present Convention, diplomatic relations of Turkey for cooperation which countries will be established with local authorities and only local administration in Turkey, municipalities, villages and established for this purpose it shall take effect that applies in the local government association. "as approved by notice to have been found suitable. Article 2 - This Law shall enter into force on the date of publication. Article 3 - This Law shall be enforced by the Council of Ministers. EUROPEAN COMMUNITIES OR LOCAL GOVERNMENTS
TRANS-BORDER COOPERATION FRAMEWORK AGREEMENT BETWEEN
This Agreement is signed the Council of Europe member States,
The purpose of the Council of Europe to achieve a greater unity between its members and taking into account that enhance the cooperation between;
as defined in Article 1 of the Council of Europe Statute, this aim will be pursued, taking into account in particular the agreements in the administrative field;
The Council of Europe, reaching the objective, taking into account that the participation of local communities or authorities of Europe;
In achieving this objective, the boundary in between local and regional communities and authorities, regional, urban and rural development, environmental protection, improvement of public facilities and services in emergency situations, taking into account the potential importance of cooperation in areas such as mutual assistance;
Cooperation between local and regional authorities in Europe, taking the duties of such management more effectively fulfill its easier and that past experience shows that particularly contribute to the progress and development of the border regions into account;
This kind of cooperation with the lead forward as much as possible and thus to economic and social development in border regions and to contribute to the spirit of fellowship that combines the stability of the European peoples;
They have agreed on the following:
The Contracting Parties to facilitate cooperation between local communities and authorities within the jurisdiction of the other Contracting Party with the local communities or authorities within its jurisdiction and undertake to promote. Parties that may be required for this purpose, agreements and arrangements of the different constitutional provisions of each of the parties taking into account also, shall endeavor to encourage the conclusion.
1. This cross-border cooperation in terms of the contract, shall mean two or more of any kind of concerted action Contracting Party's jurisdiction in for local communities or to strengthen neighborly relations between management and incentive and the conclusion of any agreement or arrangement necessary for this purpose. Cross-border cooperation, within the limits of the powers defined by local communities and authorities of domestic law. The scope and nature of such powers can not be changed by this Convention.
2. The present terms of the contract, "the local communities and authorities" means exercising local and regional functions and communities identified as such in each State's internal law will be used in terms of management or bodies. However, each Contracting Party Convention when signing or the Council of Europe Secretary General by subsequent take the scope of application of the Convention by a notification or community to which it intends to exclude, management or bodies, identify issues and shapes.
1. The present terms of the contract, the Contracting Parties, as to stay connected with Article 2 of the second paragraph of the provision, local communities and authorities, will support any initiative inspired by the framework agreement between local communities and authorities in the framework of the Council of Europe. The Parties shall, if necessary, bilateral or multilateral inter-state model agreements to facilitate cooperation between local communities and authorities that have been made in the Council of Europe may take into account.
In concluding the agreement or arrangement, any changes are required by the specific circumstances of each Contracting Party shall present to the Convention, numbered model and framework agreements to 2.6 from 1.5 from 1.1 and 2.1, statutes and contracts can be based. These model and outline agreements, statutes and contracts are for guidance purposes only and are not a contract value.
2. Contracting Parties deem it necessary to conclude inter-state, these agreements, as well as other issues, cross-border context can use the powers of local communities and authorities concerned with cooperation, it can determine the shape and boundaries. Each agreement may also stipulate the authorities or bodies to which it applies.
3. The above provisions, the Contracting Parties shall, by common consent, does not prevent them from resorting to any other form of cross-border cooperation. Similarly, the provisions of this Convention should not be interpreted as invalidating existing cooperation agreements.
4. This Agreement and regulations, the Contracting Parties shall be concluded with due attention they are subject to the authority of the local communities and authorities set out in domestic law and in international relations and public policy needed to control and audit rules. 5. For this purpose, any Contracting Party, this Agreement is signed, or by a declaration to be submitted subsequently to the Council of Europe Secretary General, in their domestic law to determine the applicable local community or government control or bodies the authority to inspect.
All Contracting Parties, the development of cross-border cooperation and seamlessly legal may prevent the functioning of the administrative and technical difficulties will endeavor to resolve and the other Contracting Party or Parties shall consult to the extent required by the state.
Contracting Parties, the provisions of this Agreement in accordance with all local communities and authorities, which in cross-border cooperation, cooperation yapılıyormuşca the same opportunities at the national level will take into account the advisability of granting.
All Contracting Parties, the other Contracting Party, any information requested in order to facilitate the fulfillment of obligations under this Agreement shall ensure to the greatest extent possible.
All Contracting Parties, or the management of the local communities concerned, shall ensure that action is informed of the possibilities open to them under this Agreement.
1. The Contracting Parties, all the information about the agreements and arrangements referred to in Article 3 of the Council of Europe shall transmit to the Secretary General.
2. One or more of the Contracting Parties, this Agreement or to make additions to the model agreements and arrangements or all of the recommendations made to expand them, shall be forwarded to the Council of Europe Secretary General. The Secretary-General subsequently them, which will decide about the transaction will be submitted to the Council of Europe Committee of Ministers.
1. This Convention shall be open for signature by member states of the Council of Europe. Contract approval is subject to acceptance or find appropriate. Ratification, acceptance or approval documents shall be submitted to the Secretary General of the Council of Europe.
2. This Agreement, provided that at least two States that share the same boundary, the fourth approval, acceptance or approval of the submission document will enter into force three months later.
3. This Agreement subsequently ratified Convention, signatory accepts or find appropriate terms; ratification, acceptance or approval from the date of delivery of the document will enter into force three months later.
1. After the entry into force of the Convention, the Council of Europe Committee of Ministers, by consensus, any non-Council of Europe States, is to accede to the Convention. In order to do this invitation must be clear agreement between the States which have ratified the Convention.
2. Such a participation certificate of participation will be held by the Council of Europe to be delivered to the Secretary-General and three months after the date of delivery of the document will enter into force.
1. Any Contracting Party may terminate it by giving a notification addressed to the terms of this Agreement the Council of Europe Secretary General.
2. Such termination shall take effect from the date of receipt of the notification six months after the Secretary General of force.
Council of Europe Secretary General
a) any signature;
b) Any instrument of ratification, depositing its instrument of ratification or accession;
c) any entry into force of the present framework of Article 9 of the Convention; d) of paragraph 2 of Article 2 or Article 3 of the made in accordance with the provisions of paragraph 5 any declaration;
e) made pursuant to the provisions of Article 11 notifications and the termination date of entry into force of circumstance;
and the Council of Europe member States notify the present government acceded to the Convention.
In the tacit acceptance of the above provisions, and the undersigned, being duly authorized thereto, have signed this Agreement.
At the same validity as a single copy in English and French, the two texts will be put into the archives of the Council of Europe was held in Madrid on May twenty-one thousand nine hundred and eighty. Council of Europe Secretary General of the Council of Europe member States and invited to participate in any State, shall be deposited in an approved instance of this Agreement. ANNEX (1)
Local Communities or Authorities Between
Regarding Cross-Border Cooperation
Model and Framework Agreements, Association for the Status and
This system is rated for the model agreement, as defined by the extent to which the agreement is concluded designed by making a distinction between two broad categories;
- State model agreements relating to cross-border cooperation at local and regional level;
- The framework agreement will be a basis for the cross-border cooperation between local communities or governments, contracts and statutes.
(1) Article 3 of the Convention, as indicated in paragraph 2 of paragraph 1, model and
framework agreements, statutes and contracts, only the carrying value of the deal is in the nature of the router.
As shown in the table below, only the two-state model agreements for developing state of cross-border cooperation and regional cross-border contacts are within the exclusive jurisdiction. Other interstate agreement, only between the local communities and authorities, constitutes a legal framework for the conclusion of agreements and contracts models located in the second category.
1 state model agreements are
General Provisions for Model Agreements
1.1. state model agreements for the development of cross-border cooperation; 1.2. state model agreements for regional transboundary consultations;
1.3. state model agreements for local cross-border consultation;
1.4. state model agreements for contractual cross-border cooperation between local authorities;
1.5. model interstate agreement on organs of cross-border cooperation between local authorities.
2. Framework Agreement Between Local Authorities, Statutory and Association for
2.1. agreement for the establishment of a consultation group between local authorities; 2.2. Cross-border coordination framework agreements on the management of local public affairs;
2.3. Cross-border framework agreement for the establishment of associations;
2.4. Local governments in the border areas between the framework contract for the provision of goods and services (private law type);
2.5. Local governments in the border areas between the framework contract for the provision of goods and services (public-law type);
2.6. framework agreement on the establishment of cross-border cooperation between local authorities and institutions;
1 state model agreements are
Introductory note: Intergovernmental agreements systems, first of all, States, local governments' activities as it deems appropriate in terms of content, is intended to eliminate the legal uncertainty that may cause identification and problem of shapes and limits. (Definition of the law to be applied, judicial authorities, possible appeal, etc.)
Also, among the States concerned, the conclusion of the intergovernmental agreement on improving cross-border cooperation between local authorities would undoubtedly be beneficial in terms of the following considerations:
- Such cooperation method is that the legal and formal recognition of local authorities, encouraging the use of these methods;
- Control or purpose and conditions of intervention by supervisory authorities;
- Interstate exchange of information;
- For concerted action in border areas, the connection can be established between such forms of cooperation with other methods;
- Cross-border and so the correction of the legal rule or comment that prevent cooperation.
The above-described multi-choice model agreements system, Governments, intergovernmental agreements for the purpose of improving cross-border cooperation (1.1) Basic and receive the said agreement from various options (up to 1.5 from 1.2 the model agreements) by supporting with a cross-border cooperation, most to their needs It offers the opportunity to fit the appropriate framework. States alone option or multiple options or choices to whole, may apply simultaneously or gradually. as well as the Scandinavian countries, for example, it is already in the treaties between states with similar legal systems, such may not be required to apply to certain agreements. General provisions for the model agreement of up to 1.5 from 1.1.
1. For the purposes of this Agreement, "local administration" refers to all state governments that perform local tasks in accordance with its domestic law, to be used in the sense of community or bodies.
2. For the purposes of the present agreement "regional authorities" includes all the state governments who perform regional tasks in accordance with its domestic law, to be used in the sense of community or bodies. (1)
This agreement, the parties currently in force between the State and will be especially touching an international agreement based on the way the various cross-border cooperation.
Parties, regional and local authorities, will inform the scope provided to those management and administration of the aforementioned will help to benefit from these activities.
"Top-level authorities" means, in this agreement, appointed by the Parties shall mean the supervisory authorities.
local governments, the scope of the powers defined in the domestic law of States parties to this agreement and the property can not be changed.
Each State, geographic areas excluded from the scope of application of this agreement, you can set goals and ways of cooperation at all times. However, such a determination, will in no way touch the rights acquired under existing collaboration.
Parties, the Secretary General of the Council of Europe, the Commission designated the framework of this Agreement shall provide information about the activities of the committees and other bodies.
Parties in the light of experience, not only through an exchange of notes can make small changes to the agreement.
(1) paragraph 2, 1.3, 1.4 and 1.5 will be included in the draft agreement number.
1. Each Party to the other Party, for the implementation of this Agreement, shall notify the completion of the subsequent necessity of transactions made in its internal law and this Agreement shall enter into force on the date of the last notification.
2. The Agreement is effective from the date of entry into force is concluded for a period of five years. In the six months before the expiration of the period of the agreement unless a notice of termination, this agreement on the same terms, implicitly, will be renewed for each subsequent five-year periods.
3. The Parties in the termination notice, only certain provisions of this statement, it can specify whether to apply to geographical regions or fields of activity. In such a case, this agreement, the remaining terms of divisions, the other Party or Parties shall remain in effect unless terminated within four months following the partial termination notice.
4. The Parties shall, at all times, can be suspended for a certain period of implementation of the agreement. Parties, likewise, may decide to suspend the activity of a particular committee or be terminated.
1.1. state model agreements for the development of cross-border cooperation
Introductory note: This agreement containing general basic provisions is a state model agreements to be concluded with one or more of the model interstate agreement alone or located below.
...................... ................... And governments, between the European Local Communities or Authorities the cross-border defined in the Framework Convention on Transfrontier co-operation are aware of the benefits of cooperation, have agreed as follows:
Parties, the possibilities of cross-border cooperation at regional and local level will undertake the exploration and development obligations.
Parties to the cross-border cooperation terms of the border to improve cooperation based on good neighborly relations between the regions on both sides situated in the administrative and compatible with all types in order to strengthen the technical, economic, and understand social and cultural measures and the settlement of the problems that may arise in this area in order to conclude the appropriate agreements.
These measures, and others, as well as regional and urban development, improvement of conditions, protection of natural resources, the provision of mutual assistance in the event of a catastrophe or disaster, and must be for the purpose of improving public services.
Parties may, by mutual consultation, the regional administration within its jurisdiction, shall endeavor to establish cooperation in the provision of resources needed them to.
Parties also local governments, shall undertake the obligation to promote activities aimed at establishing and developing cooperation.
in accordance with the provisions of this Agreement, local and regional authorities carrying out cross-border cooperation, cooperation yapıyorlarmışca the national level will benefit from the same facilities and protection.
The competent authorities of each Party shall provide the necessary budgetary allocations for the separation of the resources needed to meet the current expenditure of the body responsible for the development of cross-border cooperation within the scope of this agreement.
Each Party shall, in order to propose changes to the provisions that may prevent the development of local cross-border cooperation, such body, commission or agency will be tasked with examining the existing national legislation and regulations. These institutions, especially in terms of inspection and control, financial and customs regulations governing the intervention of high-level authorities, shall take into consideration the development of the foreign exchange and capital transfer rules and procedures.
The Parties shall, before taking the steps referred to in the preceding paragraph, if deemed necessary, they shall exchange information and consult each other.
Parties to the success of cross-border cooperation projects, primarily in resolving the issues of local importance having to be done, shall endeavor using arbitration or other methods.
1.2. Cross-border state model agreements for regional consultations
Introductory note: This agreement alone or with one or more state model agreements (1.1 to 1.5 up to texts) to be concluded together.
to promote consultation across borders between the regions defined in this text attachment, Parties, a joint commission (hereinafter "Commission") as of and, if necessary, one or more regional committees to deal with issues related to cross-border consultation (hereinafter "Committees" hereinafter) shall establish. Article 2
1. The Commission and the Committee, members will be composed of Parties elected as delegates.
2. The Commission delegations, representing at least three of the regional administration will consist of a maximum of 8 members. Committee of the heads or representatives of the delegation will participate in an advisory capacity to the work of the Commission (1).
3 boards, each containing ..... ..... will consist of members of the delegation and the Commission will be established in agreement with the encouragement of regional and local authorities in the border regions covered by the agreement. Committee delegation, which will consist of the authorities or representatives of regional and local bodies. One of the members of the delegation shall be appointed by the central authorities. This member, to the extent possible, in the border areas under the responsibility of the Committee shall be selected from the bodies representing the central authorities.
4. The Committee shall meet at least once a year. Committees not less than twice a year, will meet when necessary.
(1) The figures given for the number of members of the Commission, like all provisions in this model agreement
The router only and should be adapted to each case. Preparing model agreements
s, by giving figures, relatively little attention to the need for effective committee member
they asked. The drafters of the text at the same time, representatives of regional and central government of Directors
They want to give an idea of the rates to be made between the representatives of the governments.
5. The Commission and the Committee shall determine their own bylaws.
Parties shall bear the expenses of their commission delegation.
costs of delegation of the Committee shall be borne by the authorities forming these committees.
The Commission and in order to provide the Committee of coordination and continuity of activities, the Parties shall, if they need, formation, center, operation and financing of the Commission as proposed will establish a secretariat established editing an ad-hoc structures themselves. If the parties can not reach an agreement, the Commission itself may establish such a Secretariat.
The scope of this agreement will be determined in the Annex to the agreement falling within the border regions, this content can be changed only by an exchange of notes.
1. Topics discussed in the context of cross-border consultation, there will be issues that may arise in the following areas: (1)
- Urban and regional development;
- Transport and communications (public transport, roads and motorways, joint airports, waterways, seaports, etc.);
- Energy (power generation, natural gas, electricity and water supplies); - Nature conservation (places requiring protection, recreation areas, natural parks, etc.);
- The protection of water (pollution control, treatment plants, etc.);
- Protection of the atmosphere (air pollution, noise reduction, noise-free zones, etc.);
- Education, training and research;
- Public health (eg use by residents of any other region of the medical facilities in the region);
- Culture, non-time work and sport (theaters, orchestras, sports centers, holiday homes and camps, youth centers, etc.);
- Mutual assistance in rescue operations in disaster (fire, flood, epidemics, air crashes, earthquakes, mountain accidents, etc.);
- Tourism (joint projects for the development of tourism);
- Issues concerning border workers (transport facilities, housing, social security, taxation, employment, unemployment, etc.);
- Economic projects (so new the industry.);
(1) This list is just a router nature and must be adapted to each individual cooperation projects. Local government should not be interpreted so as to modify the authorization granted by domestic law. Indeed,
both central and regional governments are represented on the Commission.
- Various projects (waste treatment plants, sewage, etc.);
- Development of the agricultural system;
- Social facilities.
2. The Parties note with only one exchange may decide to modify this list.
1. Unless otherwise stipulated, the commission, preparation programs for the committee about the central government will bear the responsibility to deal with general issues and policy issues such as coordination and liaison with the previously established joint commission of the entry into force of this agreement.
2. The Commission shall, in particular, the Committee decided to recommend itself or with projects for the conclusion of international agreements, will be responsible for communicating in accordance with the relevant Government.
3. The Commission, in the study of specific questions, you can benefit from the services of experts.
1. essential task of the committee, 6th investigate problems arising in the area defined in Article and to make proposals and recommendations accordingly. Such problems, committee, commission or by the central Party institutions with regional or local authorities, associations and other public or private bodies transmitted by. Committees may also address issues directly. 2. Committees, in order to examine these issues, they can form study groups. They can also benefit from specialist services and request legal opinions or technical reports. Committees, consultations with the widest possible way, they are trying to achieve results that are consistent with the interests of the populations concerned.
1. The Committee and the Commission will provide information about issues and conclusions passed to them.
2. Committees, the conclusions of the Commission's decision, or where required by their respective Governments, will advise the Commission.
1. Both the Commission must Committees, members provided they have been authorized in accordance with the legislation of the Parties will be authorized with the agreement of the members having a common interest in resolving the issues that are referred to them.
2. The Commission and the Committees shall exchange information on the decisions taken in this regard.
1. The Commission and the Committee delegation, 7/2. and 9/2. recommendations made in accordance with the substance or the competent authorities shall exchange information on the measures taken on the prepared agreements.
2. The Commission and the Committee are taken by competent authorities shall take into account the activities required for the measures referred to in paragraph 1. 1.3. state model agreements for local cross-border consultation
Introductory note: This agreement, alone or with one or more state model agreements (texts 1.1 to 1.5 up) and may be concluded together.
to ensure that boundaries of a wider information between local authorities on both sides of exchanges and consultations on the development, the Parties concerned governments, public interest concerning issues, through advisory committees, with studies found in the call.
The Committee of the bylaws will be decided by members. The Committee will establish links with senior authorities or these authorities will be informed about the work of the study.
Advisory committees, regional cross-border advisory commissions in the regions who commission their work, they will be linked so as to be determined by the commission. The Commission also, similarly, the advisory committee will help them to work.
In the framework of the implementation of special intergovernmental agreements concluded within the scope of cross-border cooperation, it can act as an advisory body.
role of advisory committees on both sides for the exchange of information and consultation arrangements, as well as examine issues concerning common interests and to identify common goals.
Activities in respect of the liability of members would be judges and no delegation of authority will not be involved.
Members of these committees, however, give direction to their activities measures and preliminary consultation procedures they wish to be monitored by the limitations within the framework of cooperation agreements may agree with. Article 4 (alternative)
Related local governments, to assist the work of the advisory committee, within the limits of the powers granted to them under domestic law, they can form associations in order to create a legal framework for cooperation between them.
Such associations are established, subject to civil law or commercial law applicable to associations in any of the States concerned. the implementation of selected legal system, conditions related to the nationality of its members, a situation arise when the formalities and about authorizations should be ignored for this purpose. The information provided in accordance with the second item to the senior authorities, shall include all information about the activities of the associations mentioned in this article.
1.4. state model agreements for contractual cross-border cooperation between local governments
Introductory note: This agreement, alone or with other state model agreements or more (1.1 to 1.5 until the text) and may be concluded together.
Cross-border cooperation between local authorities, as well as others, administrative, economic or technical contracts will be carried out.
Cross-border co-operation contracts are issued by local governments, it will be written undertakings within the limits of their powers under domestic law.
These contracts, among other things, providing goods and services, acting partner, States parties to establish associations subject to civil or commercial law, or one will be related to membership in this association. (1)
Such a contract, the parties, the legislation applicable to the contract in question, one of the States Parties to this agreement (private and public) debt shall determine by referring to the law.
At the same time, the provisions of the law will be applied to bağlayacılık transport will determine the extent necessary.
Applicable law, in the absence of a provision to this effect in the contract, the local government providing essential services, which in the absence of the maximum financial contribution will be the law of the State in which the local government. Agreement parties persons subject to local management, in any case, if they have fulfilled their source or service delivery functions of those government concerned authorities for issues that could benefit against the operation start or will hold reserves the rights to make demands on the government. local government or compensation as claimed in against the current initiatives, will have the right to start proceedings against the local authorities responsible for the provision of resources or services.
The contract concluded between the parties or suggestions concerning the replacement, but also in each of the States to regulate the intervention of senior authorities will be subject to the ordinary rules. However, you will not be asked for any confirmation from the party management contracts. It received by a senior authority and prevent cross-border application of işbirilg the contract concluded between the parties or that or that could lead to termination of any decision shall require the authorities in other related senior State that made in advance consultation.
In case of a dispute, the competent judicial authority shall be determined by law being applied. However, cross-border cooperation agreement may contain provisions on arbitration. Although find such provisions, the beneficiaries of contracts and third parties, subject to the their state in force against the local authority reserves the right to take legal action handles, the right to recourse to the offending party shall belong to such management.
Senior authorities, whatever the nationality given by the court which, for the timely implementation of judicial decisions, they will take all measures within its powers.
This framework agreement concluded between the parties in the contract will be valid for the subsequent termination of the agreement in question. However, in the contract, there will be a provision authorizing the termination of such contracts on the condition of 5 years' notice in the event of termination of this Agreement the parties. States Parties shall have the authority to implement this provision.
1.5. model interstate agreement between local authorities and the organs of cross-border işbirilg
Introductory note: This agreement, alone or with one or more state model agreements (texts 1.1 to 1.5 up) and may be concluded together.
(1) The consistency of this agreement will remain the same regardless of the inclusion of this paragraph.
Local governments or other public law institutions, for purposes which are permitted to be fulfilled through an association or consortium of domestic law, local government associations and consortia established in the territory of another Party may participate in accordance with the Party's domestic law.
The first article in the association or consortium referred to, within the limits of authority of the members of the parties concerned, each country will be able to conduct operations in accordance with organizational goals. In doing so, they are not brought any exceptions by the State, shall be subject to the rules of that State.
1. founding documents of the association or consortium, the association status and changes to be made in this status, all participating local governments will be subject to the approval of senior authorities. The same situation will apply in case of joining an existing association or consortium.
2. These documents and the documents of approval circumstance, according to the usual ad regulations of each country will be announced to the relevant community. The same applies to a person authorized to act on behalf of the association or consortium with the official central changes will also apply to decisions about the limits of authority of such persons. 3. The above documents will be prepared in the official state language would be used in each of the force. Each of these will be worth the original text.
1 status Association, association or consortium shall determine the rules governing legal relationships. Such status, according to the first article, the kapsayacak issues as required by the relevant legislation. In this status, in any case, the association's members, its name and headquarters shall be given. The purpose of the association or consortium and if the plant functions and location, will be specified in the statute. Such status, operation and management bodies will be designated in what way will determine the size of the liabilities of the members and their contributions to the common expenses. the business units, each member country will have at least one representative from the local government. Association status, genelkurul the formation and negotiation procedures with the minutes of the session will determine the manner and method of dissolution and liquidation rules governing budgets and accounts. 2. The Statute also members for the association's debts and the members or the investments made by the association on their behalf or expenditure will be determined by experts taking into account the compensation association payments on again to leave the club in a pre-notification period to be determined in status will be a provision enabling . The status also members, the rules governing their end to the expulsion or fail to fulfill their obligations due to membership will be determined. Article 5
The Parties shall, subject to public policy and public safety requirements, are committed to providing the necessary permission to carry out the mission of the association or consortium in their country.
Association or korsorsiyum of, in accordance with domestic law, a State country duty members of that Government certain powers necessary for performance to the benefit of local governments, if they can not take advantage of the benefits or advantages, said local governments, said the authority, use rights or benefits or to secure, or to act on their behalf for the association or consortium shall have the rights and duties. Article 7
1. supervision or control authority of the association or consortium, by the state authorities responsible for where the center will be used in accordance with domestic law. These authorities shall also ensure the protection of the interests of local authorities of other States. 2. The competent authorities of diğerdevlet, the association or consortium's activities and decisions in control and will have the right to obtain information about the transactions made during the control application. In particular, the association or consortium bodies held meetings in if and meeting minutes of the adopted texts annual accounts and the budget draft, the internal law of the said documents, audits and cases brought by the obligation to submit to the control authorities responsible, they may request. The bodies of the association or consortium and inspection and control authorities will be able to establish direct contact will be able to submit their observations to those organs or at specific times or they can request them to issue direct consultation.
3. The competent authorities of other States, association or consortium, the authorities within their jurisdiction, the right to announce their opposition to the association or to continue to take part in the consortium will have. Duly justified by a statement to that effect shall be deemed fundamental to export and this will be specified in the association's status. The authorities referred to in paragraphs 1 and paragraph 2 of this article, it would be represented by a representative of the association or consortium's governing bodies; these representatives to attend the meetings of all the organs and will be entitled to receive the agenda and minutes of meetings. Article 8
Association or consortium, in accordance with the status of the goods or services are delivered in the countries of the members of these associations and consortia of its responsibility and its members will be provided so as to eliminate all of its obligations in this regard. Association or consortium shall be accountable to beneficiaries or third parties. However, those third parties, for themselves or obtained for themselves the goods or services against local governments, all kinds of benefit of such management if no obligation to provide them with goods and services transactions and will keep reserves the right to take legal action. It directed the administration to such an initiative or application can initiate action against the association itself.
1. With regard to the association or consortium that operates the association and its members, or between any failure to reach a compromise in the dispute between several members, the conflict, the State in which the association or consortium, the center has participated will be reflected in the administrative and judicial authorities.
2. All disputes other than those referred to in the first paragraph, the parties involved, if they decide to take in front of a court shall appoint themselves such disputes, in accordance with the normal rules applied in the State party may be referred to the administrative and judicial authorities. 3. States Parties shall take the necessary importance to ensure the implementation of administrative and judicial decisions in the country related to the above provisions.
This agreement established in accordance with the associations or consortiums, Article 7 of the 3rd Without prejudice to the provisions of paragraph shall remain in force after the termination of the agreement.
2. FRAMEWORK AGREEMENTS BETWEEN LOCAL GOVERNMENT,
STATUS AND CONTRACT are
framework agreements intended for local authorities,
status and contract with
As states, the local governments, agreements and options contracts can be offered. In fact, as already concluded between the parties to the agreement show that the aggregated volume of documents recording the value of the relationship, such an option is still available in some countries.
The proposed system under the framework agreement corresponding to different degrees and formulas for the local cross-border cooperation, consists of contract and status. These framework agreements, according to the scope and state of national legislation, or can be put into practice immediately, or may be subject to the adoption of an intergovernmental agreement regulating the practice.
Overall, even in cases where required to appear, the intergovernmental agreement to be concluded between the parties, will help to determine the conditions of these agreements could be used by local governments. In any case, an interstate agreement of the agreement, the agreement numbered 2.6 (organs of cross-border işbirilg) can be seen as a prerequisite for the resort.
the Scope of this agreement provided for a system of local government, is consistent with the model interstate agreement. In the introduction to each framework agreement, it refers to the intergovernmental agreement.
In this way, the agreement created at the local level and bodies, to be included in cross-border advisory body will be established at the regional and national level will be possible. For example, the local liaison committees (numbered 2.1 framework agreement), regional cross-border interstate model agreements for consultations (1.2) provided for the Commission and the Committee may be incorporated into the working groups.
In addition, this model agreements, because each particular case to be able to look collectively to all of the problems that may arise are arranged on a schematic basis. Framework agreements, although a valuable guide, can be changed according to the needs encountered by the local authorities using them.
Similarly, local governments, citizens, cross-border socio-cultural field must identify ways to encourage participation in the consultations. Such a participation cross-border cooperation to overcome the psychological obstacles sometimes seriously damaging definitely come. Consultation, supported by public interest, would also benefit from a solid foundation. One way of encouraging public participation may establish an association. Therefore, one of the framework agreement (2.3) is on the establishment of associations governed by private law.
2.1. framework agreement on the establishment of a consultation group between local authorities
Introductory note: The establishment of such a group, normally as possible without the need for interstate agreement. Many examples of such a possibility is available. However, some legal or other uncertainties exist, an inter-state agreement would provide the conditions that made such consultations. (See model agreement 1.3). The purpose of the Community and the central
This Agreement Parties to local governments within their authorities that are committed to the koordo for their efforts in the following areas (areas of responsibility ( 's) to select i or "local problem" you refer). The purpose of this agreement, the center ............. 'and then also the "Group" are to establish an Advisory Group to be called.
The task group members include, in the field specified in the previous sub-paragraph, exchange of information, coordination and consultations will be provided. Member governments, to provide any information needed to carry out its task groups and the decisions and measures that affect the aforementioned areas, undertake to consult with each other through the group.
Each participating local governments, the Group will be represented by a delegation consisting of himself ....... appointed as members. The delegation If the group agrees, they may be accompanied by representatives of private socio-economic bodies and experts. (This alternative, local government units, other than to keep it out of the membership and scope, this arrangement is separate from the private law association dealt 2.3.)
Another alternative: the number of members in each delegation may vary. Join the way, it connects the local and regional authorities in this agreement shall be open to the socio-economic groups and private individuals. The group will decide on the accession of new members. Each delegation, if the group agrees, they may be accompanied by representatives and experts of the private institutions. Task areas
The group can address all the issues specified in Article 1. As for all the advice he decided to conduct the relevant authorities or groups, and the Group's consensus on all matters shall be recorded in the minutes.
Group, on matters within the authority will be authorized to study and conduct research.
Group members, the group may tasked fully defined practical preaching operations. The group also, it can fulfill the tasks referred to it by other agencies.
The group will prepare its own bylaws.
Group, as a general rule, the members twice a year or three in a majority, will be included at the request of a new item on the agenda.
Meeting notice and agenda, in order to prepare for negotiations of all the represented institutions must be distributed at least 15 days before the meeting.
Group members from the membership and powers shall appoint a permanent office to be determined by him.
Presidency will be determined by the bylaws of who will undertake, in cases where the application of the rules of procedure, the Presidency shall be governed by the oldest member.
Group external contacts and relationships with senior management
Group, in its relations with people outside the group, unless otherwise specified in the bylaws, will be represented by the President. they are attached to the top management of the group members can provide the requested information about the Group and working groups are authorized to send an observer to the meeting.
Secretariat and financial issues
Secretariat services, by one of the member institutions (with or without applying for renewal system implemented each year) will be conducted.
Each management, to meet the costs of secretarial services, will contribute as follows:
Information and documents will be distributed in the language of the State in which the Group arise in principle.
Participation and withdrawal
Group membership will be open to other local and regional governments participating in the agreement. Group will decide on the accession of new members.
Any member may withdraw from the Group by means of a notification to the President. Withdraw from a member of the group, the Group unless a decision in another direction, it will not affect the group's work.
The Parties shall inform the Secretary General of the Council of Europe actors of this Agreement and shall ensure that the text of the agreement itself.
2.2 Cross-border coordination framework agreements on the management of local public affairs
Introductory note: In some states, such cross-border cooperation agreement concluded between the parties is possible in the halühazır. Not surprisingly, if such conditions could be used to deal, to be defined in an intergovernmental agreement. (See model agreement numbered 1.3.)
The purpose of the Agreement
Article 1, the purpose of the agreement (eg harmonious development of the border regions), and the related fields.
geographical areas covered by the agreement
Article 2 of the agreement, both sides of the border (or on all three sides) determine the geographical areas covered.
Article 3, the objectives of the agreement (Article 1) should identify ways to ensure achievement. According to the material purpose of the agreement, the following undertakings may be specified:
- Parties, powers and they have to take within the boundaries of the geographical area managed by themselves some precautions before taking a decision on a preliminary undertake to comply with the consultation procedure;
- The Parties shall, within the limits of their geographical areas of authority and undertake to take the necessary measures to achieve the objectives of the agreement;
- The Parties undertake not take any action that could harm the achievement of the objectives of the agreement.
Article 4, in accordance with the specific situation and requirements of each agreement, one of the following ways, coordination arrangements must specify:
- No. 2.1 of the Framework Agreement for the purpose of consultation on the appointment of the general purpose group referred to or;
- The establishment of a special advisory group for the realization of the objectives of this Agreement or;
- Through the bilateral contract concluded between the parties directly between the relevant authorities.
All members of the group (if not the group is created, all parties), a case in which he considered whether implementation of the agreement for one of the following Group (Group or the other Party) may bring to the attention of:
- Or be made to pre-consultation;
- Or lack of compliance with the agreement of the measures taken;
- It did not take the necessary measures to achieve the objectives of the Agreement.
If the parties do not reach an agreement, the dispute, to ensure compliance with commitments made can be submitted to a conciliation board appointed.
Parties, in order to ensure compliance with these made commitments, each Party appointed an equal number of experts and appointment or conditions of appointment may decide to establish a special control organ consisting of a neutral to a predetermined specialists.
Control Body will prepare opinion on whether agreement on Implementation will be, and this opinion shall authorize disclosure to the public.
Parties, the Secretary-General shall ensure that the actors aware of the agreement and the text of the agreement itself.
2.3 Cross-border associations of private law framework agreement on the establishment
Introductory note: the local government in a state, it is assumed to be a member of a private law association the same rules and with other States in the conditions applied to membership in a private law association in its own State. If the current is not the case, this possibility should be provided in a clear way through an intergovernmental agreement between the States concerned. (1.3 and 1.4 refer to the number one state model agreements.)
Private associations are normally central to abide by the rules in the legislation of the country where it is needed. The following list is not specified by law in cases of this issue, it contains provisions that should be included in the material status. The provisions governing the advisory group (see No. 2.1 framework agreement), provided that the necessary changes will also apply to such associations.
The following points should be mentioned in the statute of the association:
1. The founding members of and conditions for the accession of new members;
2. Name the central and legal form (with reference to the relevant national legislation);
3. Objectives, methods and resources to realize this aim of the association;
4. Body and especially the General Assembly's tasks and working procedures (representation and voting procedures);
5. The shape and powers of appointment of the Director or executive officer; 6. The scope of liability against third parties of the Member
7. Changing the Status of terms and conditions for the dissolution of the association;
8 of the Parties, the Secretary General of the Council of Europe, a cross-border association established to advise that the status of the association and his obligation to provide
2.4 Local governments in the border areas between the framework contract for the provision of goods and services (private law type)
Introductory note: the local government, the local governments of other countries are based on the assumption that the right to make such an agreement. If it is not, this opportunity, under an agreement clearly states must be provided. (See model agreement numbered 1.4).
This local governments to sell, lease, contract of employment, the provision of goods and services, business privilege granting and so on. It is the kind of situation that could be used for such an agreement. Local administration "private law" type to take advantage of the agreement, national legislation and practice, are given the chance to varying degrees and "public law" and "private law" in some cases it is difficult to distinguish between contracts. However, such a contract, according to the current dominant interpretations in each of the countries, deal in facts or circumstances that for commercial or economical process can be concluded by an entity that is recognized may be used. When the public administration-specific rendered the task of applying for the activities of local government operations are concerned, in addition to the following terms, "public law" under the contract (see 2.5) stated complementary rules should be taken into account. Parties
Article 1, the Parties (and whether the agreement is open to other local authorities) determines.
Article 2, contract issues, and especially for beneficiaries in connection with the general authority to conclude, determine the framework and conditions. Also, if it affects the applicability of the agreement, a senior official in the administrations required reservations can be made on the circumstance of the matter said. The subject of the contract
Article 3 specifies the subject of the contract by reference to the following:
- Specific issues;
- Geographical areas;
- Legal entities (municipalities, national bodies with local powers, etc.);
- Specific legal forms.
Article 4, the contract's duration, renewal conditions and determine the date of expiration.
Legal regime and financial provisions
Article 5 of the signed contract and contract administration site and will be subject to legal regimes (international private law) to determine the law applicable to the contract. Article 6, financial issues where necessary (the currency and long-term services, such payment will be made, the price adjustment conditions) and regulates insurance issues.
Article 7, if necessary, to a conciliation procedure and the arbitration procedure.
Arbitration case, the arbitral tribunal shall be composed as follows:
- Each of conflicting with the interests of the Parties (Another alternative: parties, heads of administrative courts with jurisdiction over), will determine the arbitration board member and parties, for not corresponding to one of the total number of members, will be appointed jointly by one or two independent members.
- Members of the arbitration tribunal which corresponds to double the number of votes in total and that the case be equal, independent member of the votes will be counted weighted vote.
amendment and termination of the contract
Article 8 specifies the rules to be applied in the contract, amendment or termination of the situation.
Article 9; The parties will inform the Council of Europe Secretary General aktien of this Agreement and shall ensure that the text of the agreement itself.
2.5 Local governments in the border areas between the framework contract for the provision of goods and services (public-law type)
Introductory note: This tour contract, in terms of being relevant for specific purposes, 2.4 ( "private law" contracts are) taken under the framework agreement is similar to the species. Such contracts, rather, public services or public works (or by one of the countries concerned "public" services or jobs listed in nature) or an administration, financial contribution limit is directed at the other side of another government (1) concession relating to the supply or related to the contract. Such public concessions, leads to certain risks and responsibilities related to the public service in this case, the contract with "private law" in addition to those specified in the model contract requires the inclusion of other provisions.
Such "cross-border" agreement to not permitted in all countries. As a result, the possibility of making such arrangements and the exploitation conditions of this regulation, with a pre-interstate agreement (see model agreement numbered 1.4) may be required.
Design and is very easy to implement the use of such contracts, in some cases, which led to other legal issues, "Local Government cross-border trade union" type (see 2.6) can eliminate the need to create a joint enterprise.
(1) In this embodiment, as in the case of environmental pollution, it can be beneficial to limit administrations:
Management, other management, which are within the competence of the second, but value for itself
financial contributions suggested to carry out a job that statement.
The contract is a public property owned by a local authority in at least one country in a public service or a public facility where it envisages the establishment or management, contractual safeguards to be determined in accordance with the rules applicable in the relevant country or countries. Contract, but also, where necessary, will refer to the following exception:
1. The rules governing the establishment or operation of the relevant facility or service (eg tariff, fees, terms, etc.);
2. special conditions governing the establishment of the facility or service (eg permits required, usua etc.);
3. Terms of the contract for the facility or service;
4. Procedure for amending the Agreement for reasons of public interest and result in financial compensation
5. subsequent relations between operators and beneficiaries of the facility or service (such as entry requirements, fees, etc.);
6. withdraw from the Agreement or a waiver or termination of the contract.
In addition to these special requirements, for example, the number 2.4 "special law" provisions of the agreement will be implemented.
2.6 framework agreement on the establishment of cross-border cooperation between local authorities and institutions;
Introductory note: coming together of several local government units in some public services, creating services or facilities, and to assume that they may constitute a business establishment based on legal basis.
Such an association or establishment and operation of the union, largely based on the provisions of the applicable legislation and will enable this kind of cooperation existing interstate agreement. (See. Model agreement 1.5).
If the legislation that applied to take part in a list of provisions should include the status of the association are as follows:
Association status, as well as other provisions should include the following:
1. The founding members of the Association names and conditions for the accession of new members to the association;
2. The name of the association, center, time and legal status (in reference to the law that the legal status of the association);
3. The subject of the association, the financial resources for monitoring and associations of savings projected path to reach the goal;
4. How does the creation of the registered capital;
5. the scope and limits of liability of the members;
6. appointment and dismissal of the Association managers and operators procedures and powers;
7. Society, especially the budget, payments and account balance of about notification of members, relationships with third parties and senior management;
8 people with responsibility for financial and technical audit reports on the Association's activities and the result of such an audit;
9 to amend the statute of the association and the conditions for the dissolution of the association;
10 staff applied the rules;
11. The rules apply to language.
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