REPUBLIC OF SERBIA TOWARDS THE EUROPEAN TERRITORIAL COHESION AND CROSS-BORDER COOPERATION – WITH SPECIAL FOCUS ON VOJVODINA

The intensity of the cooperation beyond borders in Central-Europe and South-East-Europe is lower than in Western-Europe because the nationalizing of the sta t s and the homogenization processes are barriers i n front of the developing of the border regions. European terr itorial cooperation is not possible without decentr alisation. The European Union has established a new legal instrume nt, a new form of cooperation of the European terri torial cooperation, namely European Groupings of Territori al Cooperation (2007-13; Objective 3, Regulation 1082/2006/EC). It substantially contributes to Euro pean integration and to implementation of cross-bor der strategies. Furthermore, it brings EU policies clos er to people; it means European, political, institu tional and sociocultural added value. Successfully strengthened ter ritorial cooperation needs an appropriate legislati ve framework in terms of local governance, local administrative reforms and capacity building. To overcome obstacle s and barriers created by borders due to national law and the different administrative structures and compet ences is the willingness of local and regional authorities. Vojvodina has a special location among the regions of Carpathian Basin. Due to its historical, ethnic, cultural and economic heritage, Vojvodina is one of the most val uable towards European Union, so called „gate” of S erbia. The aim of the study is to present the position and pos sibilities of Vojvodina in the European territorial cooperation from two aspects: • the new modes of governance, especially the territo rial governance, during the core competences of different administrative levels of the European ter ritorial cohesion, taking into account the perspect iv s of Europeanization (decentralisation and regionalisati on) in a heterogenic Union. • the institutionalisation and the future of the DKMT Euroregion and the Banat-Triplex Confinium EGTC from the aspect Vojvodina, because these co-operati ons are significant component of the European integration process. In terms of institutional development the cross-bor der co-operation calls for partnership and high lev el of cooperation on behalf of participants and stakehold ers that stems from the acceptance and practical ad aptation of the principles of multi-level governance and good l ca governance. EGTCs are generally established to bring together authorities from different administrative levels, including regions, communities or municipal ities to act together as one. Through the creation of this legal framework, partners from different countries and d ifferent administrative levels can have one common voice in regional, national or international settings and ta ke joint decisions. The conditions of the multi-level govern ing are primarily determined by the states thus the e conditions should be provided by the countries for the local a nd regional governments to make them possible to jo in to the European integration and decision-making processes. The conditions of the multi-level governing are pr imarily determined by the states thus these conditions shou ld be provided by the countries for the local and r egional governments to make them possible to join to the Eu ropean integration and decision-making processes.


INTRODUCTION
Borders are the scars of History (AEBR, 2004, Preamble 3). The wide range of problems and opportunities on both sides of borders in wider Europe makes cross-border cooperation indispensable. The territorial cooperation forms fulfil an increasingly significant role along the internal and external border of the European Union, and during the process of sub-national integration these models gain more and more importance DETUROPE -THE CENTRAL EUROPEAN JOURNAL OF REGIONAL DEVELOPMENT AND TOURISM Vol.5 Issue 3 2013ISSN 1821-2506 90 concerning the development policy, the cohesion policy and the neighbourhood policy of the European Union. This topic is especially current since a process in European integration has already started, in the course of which the former governing system based on national sovereignty is gradually transformed, while the local and regional levels strengthen both their political and decision-making powers.
Cooperation along the borderlines is a tool of the cohesion and regional policy of the European Union. The importance of cooperation systems evolving along the external and internal borderlines of the EU has been increasing since the eastern enlargement (in 2004 and 2007, 2013). In Europe, more than 40 % of the areas are border regions, inhabited by more than one third of the population, which increases the importance of the EU strengthening its economic influence and its subsidy policy in these areas. The purpose of the EU is to improve cooperation between communities along the borderlines, within the whole of Europe (CoR, CdR 89/2009).
New regionalism as a complex phenomenon was a more perfect form of democracy and model for the future of Europe with converging regions (Keating, 1998). It is not only a myth but is based on the empirical reality of the various types of regions. In practice, regions have to face the heterogeneity of the rising economic, social, political and cultural interests. However, the regionalisation process has more or less confirmed the concept of three-level -or tripartite -structure of the EU polity, consisting of the trans-national, national (centralistic) and regional (decentralised) layers with a strong demand for partnership on the regional level that has proven to be a genuine 'intermediary' level.
Further on, the post-modern EU society has been based on multiple identities and communities, with their own interest representation. Thus only the most perfect regions can become one of these newly borne communities.
Vojvodina has a special location among the regions of Carpathian Basin. Due to its historical, ethnic, cultural and economic heritage, Vojvodina is one of the most valuable towards European Union. so called "gate" of Serbia. Next to the emotional relations, the common culture and identity, the economic and infrastructural traditions prevail, which has long tradition. The historical intension, geographical proximity and the European infrastructural connections have established the cross-border relations. The rivers (Tisza, Danube and Sava) symbolize the belonging, the strong national identity. (Takács, 2008, p. 123) The aim of the study is to present the position and possibilities of Vojvodina in the European territorial cooperation from two aspects. sub-national (regional and local) levels.
Hereafter, I analyse the institutionalisation and the future of the DKMT Euroregion and the Banat-Triplex Confinium EGTC from the aspect Vojvodina, because these cooperations are significant component of the European integration process. For the sake of the proper contents and the effectiveness of national and cross-border cooperation schemes, the cooperation between institutions and local municipalities need to be strengthened both at local, regional, Euro-regional and international levels, also including the extension of the partner contacts ranging from settlements up to regions. In terms of institutional development the cross-border co-operation calls for partnership and high level of cooperation on behalf of participants and stakeholders that stems from the acceptance and practical adaptation of the principles of multi-level governance and good local governance. This process has methodological consequences: appropriately applying the "bottom-up" approach in addition to involving the EU member-states and the non-EU Member states concerned. 10

The sub-national co-operations in Central and South-East Europe (CSEE) -with special focus on Serbia
In the Central and South-East European states not only the settlements have become fragmented after constitutional and self-government reforms, but usually their interest representation system has also become poor, asymmetrical and fragmented. 92 completed in a general framework of the overall reform of public administration -since the establishment of self-governing, autonomous regions with their own budgeting -will change the entire structure of public administration at all levels and with all players, actors and agencies. Strategic planning, research, expertise for the institutional design of regionalisation is needed but it is not enough. (Soós, 2011, pp. 33-35) The European Union may support establishing preconditions with a sensitive and differentiating approach to regionalisation policy and instruments in the Union while taking into account the political, legal and societal reality in each part of Europe including the accelerated top-down and not historically developed bottom-up regionalisation in the Central and South-East European.
There are three societal and political preconditions for mature regionalisation: • nation-wide campaign that advertise it, since the regions are not well known among the population at large; • historical compromise has to be made with the local power elites in order to avoid their resistance; and • national political consensus has to be reached as a compromise between the government and opposition on the principles of decentralisation and regionalisation. (Keating, 1998) The contribution of the local and regional level in cross-border policies is determined by how much the central government broadens their competence in public law. Consequently, the building-up and institutionalisation of cross-border cooperation systems are largely influenced by the differences of legal and administrative systems, bilateral and multilateral agreements signed by central government. During their operation, the sub-national partners act according to the legal system of their own country. And its effect is appreciable mostly at the cross-border co-operations and at the external borders of the European Union.

Madrid Convention -Council of Europe
The Council of Europe has always recognised the crucial importance of democracy at the local and regional level. The Conference of Local Authorities of Europe was created within the Council in 1957. After some time it became the Congress of Local and Regional Authorities, bringing together the elected representatives of the local and regional communities. The Congress is therefore a political assembly composed of representatives DETUROPE -THE CENTRAL EUROPEAN JOURNAL OF REGIONAL DEVELOPMENT AND TOURISM Vol.5 Issue 3 2013ISSN 1821-2506 93 holding an electoral mandate as members of a local or regional authority appointed each by a specific procedure. Its 318 full members and 318 substitute members, representing over 200 000 European municipalities and regions, are grouped by national delegation and by political group. Thus the Congress offers an ideal forum for dialogue where representatives of local and regional authorities discuss common problems, compare notes about their experiences and then put their points of view to the national governments. Serbia is represented in the Congress by a delegation of 7 representatives and 7 substitutes.
It helps the Organisation's new Member States in introducing real local and regional self-government. Speaking for Europe's regions and municipalities, it delivers its support in founding the actual units of local and regional self-government while encouraging consultation and political dialogue between the national governments and the territorial entities. The Congress moreover performs a function of keeping watch on local democracy in Europe, by producing "monitoring reports" on the situation in the Member States. In this way, it verifies the effective application of the principles set forth in the European Charter of Local Self-Government, and of the major principles of local democracy. It is also in charge of monitoring local and regional elections and of setting the standards for Europe in electoral matters.
Now that new states with varying political and economic profiles are coming on the scene, a reappraisal and a redefinition of the goals of the Congress is in progress. For instance, the Congress needs to aid effective organisation of local and regional authorities in new democracies by encouraging regional and trans-frontier cooperation. As promoter of local and regional democracy, since its inception it has produced a body of international treaties such as the European Charter of Local Self-Government, which has become the authoritative international treaty in this sphere.

European Groupings of Territorial Cooperation -European Union
The lack of unified legal regulation originates from the diversity of the legal systems, and also from the fact that community level regulation settling the legal state of the Euroregions, and securing the acknowledgement of the right of public legal international treaty-making of the local and regional governments, was absent from the legislation of the The new legal instrument supplements the already existing initiatives and forms of cooperation, although the Euroregion and the working community also remain. The EGTC regulation leads to the strengthening of cross-border cooperation in both European and domestic law, providing the opportunity for the partners in the cross-border co-operations to create structures with legal personality. The members of EGTC can be states, local and regional authorities as well as certain public legal institutions, or associations -these latter may be members if they are located on the territory of at least two Member States. The law applicable for the interpretation and application of the convention is that of the Member State in which the official EGTC headquarters are located.
However, measures were necessary to reduce the significant difficulties encountered by Member States and, in particular, by local and regional authorities in implementing and managing actions of territorial cooperation within the framework of differing national laws and procedures. It is appropriate for an EGTC to be given the capacity to act on behalf of DETUROPE -THE CENTRAL EUROPEAN JOURNAL OF REGIONAL DEVELOPMENT AND TOURISM Vol.5 Issue 3 2013ISSN 1821-2506 its members, and notably the local and regional authorities of which it is composed. The tasks and competencies of an EGTC are to be set out in its convention. It should be specified that the powers exercised by local and regional authorities as public authorities, notably police and regulatory powers, cannot be the subject of a convention. (Soós and Fejes, 2008, pp. 145-157) At shall be obliged to observe its territorial integrity and legal system. • conclude interregional agreements in fields falling within the scope of its competence.

Furthermore, Vojvodina
• may be a member of European and international associations of regions.
• may establish its Representation Offices in European regions and Brussels, upon the approval of the Government, for the purpose of promotion and enhancement of its economic, scientific, educational and tourist capacities, in accordance with the Constitution and law.
In these scopes of duties it has signed cooperation protocol and letter of intent with

Vojvodina in the European territorial cooperation: Euroregion vs. EGTC
In the repertoire of the European Union established a legal model of the cross-border co-operations, although the real legal harmonization did not occur until now, because the order can be applied in the case of some condition. This is the reason, why remains the traditional institutional forms in the euro-regional cross-border relations in the non-EU member countries; this situation sets the parallelism and queries the success of the unit.

The question arises: which form of cooperation is more efficient in the formation of
Vojvodina's regional relations -Euroregion or EGTC?

The DKMT Euroregion
The Jász-Nagykun Szolnok, Békés, and Hunyad County exited from the cooperation later. Vol.5 Issue 3 2013ISSN 1821-2506 98 unit until the World War I. The differences in the structures of the public administration and in the institutions, the different national and political interests and the shortage of the financial sources were the barriers of the cooperation. On the other hand the similarities in the evolution of the culture, language and history, the willing for join to the European processes and the chance for the faster economic growth helped to make the frame of the cooperation. (Nagy, 2009, pp. 472-473) The The last years of the operation of the DKMT prove that the regional relationship overstepped the competent of the founder counties and provinces. The smaller forms of the bilateral and trilateral interregional cooperation should be strengthened and also the cooperation of the micro-regions, cities and municipals and the "gateway" role of the big and middle-sized cities and the transfer functions with the ability to connect municipals should be stronger (Ricz-Gábrity, 2010).

Banat-Triplex-Confinium EGTC
The establishment of the Banat-Triplex-Confinium Limited Liability EGTC The difficulties around the establishment of the EGTC show us the common problems along the peripheral borders of the EU: the EU EGTC regulation cannot be applied directly to the member states which are neighbours with non-EU countries but they would like to cooperate with them. The following conditions should be fulfilled to turn the local governments of Vojvodina into members of the EGTC: • There should be at least two participants from EU member states, • It is necessary for the involving of interested partners from third countries that the third country (in this case Serbia) should pass a law in its national legal system which can permit the establishing of the EGTC because the approval from every founder country is compulsory; or • the member states (Hungary and Romania) and the non-EU member third country (Serbia) should conclude a cooperation arrangement because they can empower their authorities whit that document to shape a cooperation beyond borders. (Convention of the BTC-EGTC, Chapters II-IV) DETUROPE -THE CENTRAL EUROPEAN JOURNAL OF REGIONAL DEVELOPMENT AND TOURISM Vol.5 Issue 3 2013ISSN 1821-2506 100

The chances of forming an EGTC in Vojvodina, the reform of the EGTC regulation
The "European territorial cooperation" is a special goal in the European cohesion policy between the 2007 and the 2013 financial term which makes the horizontal dimension of the EGTC more important thus the EGTC is the most crucial European instrument for the territorial cohesion. The EGTC is an experimental territory of the multi-level governing system which makes a two-level communication channel that works with the "theory of initiating from the lower level" and it is a mediator for the issues about borders. The diversity of the forms of the cooperation in the EGTC is an essential condition of the multilevel governing and the advantage of this system is that the interested parties can decide that which form of cooperation is more suitable for the improving of their connections beyond borders.
In the case of Vojvodina the chance of establishing the EGTC depends on the partners who would like to cooperate with it because only after the cooperation of two EU member states can the non-EU member state join to the cooperation. This is the first condition which is fulfilled but the other two conditions weren't executed by the central government of Serbia. It can be said that Serbia is still interested in the improving of the Hungarian- On the basis of these my conclusion is that the most appropriate models for institutional cooperation could be those applied by the European Grouping of Territorial Cooperation (EGTC). The EGTC regulation is the first example among EU legal regulations in the course of which a legal instrument grants special rights to local, regional and national public law institutions and civil law organisations of different member states, in order to develop unified structures that can achieve a more efficient cooperation: DETUROPE -THE CENTRAL EUROPEAN JOURNAL OF REGIONAL DEVELOPMENT AND TOURISM Vol.5 Issue 3 2013ISSN 1821-2506 • it represents a new alternative to increase the efficiency, legitimacy and transparency of the activities of territorial cooperation • it signifies decentralized cooperation, and is built on the year long experience of Euroregional cooperation • it is an instrument of multi-level governance, and contributes to the quality improvement of local and regional cross-border cooperation • it may be possible for geographical overlaps to be found in case of the various EGTC-s or for the EGTC-s to be arranged around specific tasks, instead of on a territorial basis.
EGTCs are generally established to bring together authorities from different administrative levels, including regions, communities or municipalities to act together as one. Through the creation of this legal framework, partners from different countries and different administrative levels can have one common voice in regional, national or international settings and take joint decisions. (EGTC Monitoring Report, 2012, pp. 101-102) However, the EGTC regulation of the European Union has a paradox nature about Serbia: • the purpose of the regulation is the balanced and harmonic developing of the inside market of the EU and territorial cohesion but the resources on the local level are less than before and this situation is against democratic processes.
• it makes possible for the sub-national levels to connect to the multi-level governing system and it provides the conditions for the connection to a European level cooperation but using of this opportunities is difficult because the state systems are centralized which shows us the lack of the democratic processes.
The conditions of the multi-level governing are primarily determined by the states thus these conditions should be provided by the countries for the local and regional governments to make them possible to join to the European integration and decisionmaking processes. However, the EU's commitment and the assistance to international documents need to be matched with the dedication of non-EU governments to implement the necessary political and legal reforms, to establish the required administrative capacity, and to cooperate between themselves.
The European territorial networks at local and regional level can make an important contribution to tolerance and building mutual trust via socio-cultural cooperation. Crossborder cooperation therefore will remain an indispensable factor for facilitating DETUROPE -THE CENTRAL EUROPEAN JOURNAL OF REGIONAL DEVELOPMENT AND TOURISM Vol.5 Issue 3 2013ISSN 1821-2506 partnerships between neighbouring countries. Partnerships of this kind can build new good multi-level neighbourly relations on the borders.