Edited By Joachim Beck
In the context of European integration, cross-border cooperation has become increasingly important. Following both the quantitative and qualitative expansion of this policy-field, it has repeatedly been the subject of scientific analysis in the past. However, as a result of the classical differentiation of the scientific system, it was mostly viewed from a monodisciplinary perspective. This publication aims at the foundation of a trans-disciplinary research approach in the field of European cross-border cooperation. It takes the multi-dimensional reality of practical territorial cooperation in Europe as a starting point and develops a transdisciplinary scientific approach. Based on a common analytic frame of reference, practical patterns of cross-border policy-making in different European border regions are analyzed from the integrated theoretical perspectives of various scientific disciplines: Political Science, Geography, Sociology, History, Law, Cultural Sciences and Socio-Linguistics, Economics and Administrative Science. The scientific conceptualizations are expanded by reports from practitioners coming from different institutional and functional levels of European cross-border policy-making.
The diffusion of legal systems in the cooperation of cross-border public entities (Marcin Krzymuski / Peter Ulrich)
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The diffusion of legal systems in the cooperation of cross-border public entities
Marcin KRZYMUSKI, PETER ULRICH
1. Introduction. The outline of the phenomenon “diffusion”
The diffusion phenomenon is well-known in the world of science. It is understood as a process of spontaneous mixing of substances.
A similar phenomenon can be observed in the realm of cross-border cooperation law. Neighboring foreign legal systems of two countries, separated by a clear demarcation line, in the border region begin to spontaneously spread beyond the border, delimiting the area of territorial exclusive competence of a specific legal system.
In the case of private and criminal law, diffusion processes are contained in the conflict-of-law rules of private international law and international criminal law. The sources of the former are currently codified in the European Union by the Rome I-IV regulations.1 In this case, it is for the conflict-of-law rules to clearly define the applicability (e.g. by the national court) of the rules of foreign law. ← 213 | 214 →
However, there is no codification of cross-border cooperation of public entities in a form that could be described as cross-border cooperation law. Firstly, we are dealing mainly with regulations of public and legal nature. However, public international law or administrative international law, within the meaning of the conflict-of-law rule preceding substantive law, in principle exists only as a concept in legal studies. There are no regulations under private international law that are...
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