Law of Ukraine
“On Ratification of Protocol N3 to the European Framework Convention on Cross-Border Cooperation of Territorial Communities and Authorities Concerning Euroregional Co-Operation Groupings (ECGs)”
Date of entry into force:
June 22, 2012
Ukraine acceded to the European Framework Convention on Cross-Border Cooperation of Territorial Communities and Authorities according to Resolution of the Verkhovna Rada of Ukraine N3384-XII of July 14, 1993.
Protocol N3 to the European Framework Convention on Cross-Border Cooperation of Territorial Communities and Authorities Concerning Euroregional Co-Operation Groupings (ECGs) (hereinafter referred to as “Protocol”) was concluded in Utrecht on November 16, 2009.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", Protocol N3 is subject to ratification.
The Law ratifies the Protocol.
According to Article 1 of the Protocol, territorial communities or authorities and other bodies referred to under Article 3, paragraph 1, may set up a transfrontier co-operation body in the form of a "Euroregional co-operation grouping” (ECG) on the territory of the member States of the Council of Europe, Parties to the Protocol, under the conditions provided by it. The objective of the ECG shall be to promote, support and develop, for the benefit of populations, transfrontier and interterritorial co-operation between its members in their common areas of competence and in keeping with the competences established under the national law of the States concerned.
The ECG shall be a legal person, governed by the law of the Party, Council of Europe member State, in which it has its headquarters. The ECG shall have the most extensive legal capacity accorded to legal persons under that State’s national law. The law applicable to the type of corporate entity chosen for the ECG by the members shall be stipulated in the agreement establishing the ECG. The ECG shall have the right to its own budget and the power to implement it. The ECG may enter into contracts, hire staff, acquire movable and immovable property and bring legal proceedings (Article 2 of the Protocol).
According to clause 1, Article 3 of the Protocol, members of the ECG shall be territorial communities or authorities of a Party and may also include the respective member State concerned of the Council of Europe. All legal persons established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character may be members if:
- their activity is financed mainly by the State, a territorial community or authority or similar body; or
- their management is subject to the control of these entities; or
- half the members of their administrative, managerial or supervisory organ are appointed by the state, a territorial community or authority or similar body.
Individuals may not be members of an ECG.
The procedure for establishment of the ECG is determined by Article 4 of the Protocol.
The statutes of the ECG shall be an integral part of the agreement establishing it (Article 5 of the Protocol).
Article 7 of the Protocol envisages that the ECG shall perform the tasks that its members entrust to it. These tasks shall be in accordance with the competences of the members under their respective national law and shall be listed in the agreement and in the statutes. The ECG shall adopt decisions and ensure their implementation, in respect and for the benefit of individual persons or legal entities subject to the jurisdiction of the States to which its members belong. Members shall adopt or facilitate all necessary measures falling within their competences in order to ensure that the ECG’s decisions are implemented. The tasks given to an ECG shall not concern the exercise of regulatory powers. The ECG shall not be empowered to take measures which might affect the rights and freedoms of individuals, or to impose levies of a fiscal nature. The ECG may not exercise competences that territorial communities or authorities exercise as agents of the State to which they belong, except where duly authorised. It may exercise competences that States members of the ECG confer upon it.
The ECG shall be established for a limited or unlimited period of time, to be specified in the agreement and the statutes (Article 8 of the Protocol).
The liabilities of the ECG are regulated by Article 9 of the Protocol.
Decisions and acts of the ECG shall be subject to the same supervision and administrative and judicial review of the legality of acts of territorial communities or authorities as those required in the State in which the ECG has its headquarters (Article 11 of the Protocol).
According to Article 12 of the Protocol, the management and budget implementation of the ECG shall be subject to financial audit in accordance with the national law of the Party in which it has its headquarters. This State shall inform the other States whose territorial communities or authorities are members of the ECG without delay of the results of the audit and of the measures taken concerning the ECG.