Типовое межгосударственное соглашение о приграничном сотрудничестве между местными властями на контрактной

Типовое межгосударственное соглашение о приграничном сотрудничестве между местными властями на контрактной основе

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Приложение

к Конвенции Совета Европы

от 21.05.1980 N 106

1.4 Model inter-state agreement on contractual transfrontier co-operation between local authorities



Introductory note: This agreement may be concluded either individually or in conjunction with one or more of the draft inter-state agreements (Texts 1.1 to 1.5) <9>.

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<9> Additional model and outline agreements have been authorized for publication; they are appended to this Convention and numbered 1.6 to 1.13 and 2.7 to 2.15.

Article 1



Transfrontier co-operation between local authorities shall be conducted inter alia by means of administrative, economic or technical contracts.

Article 2



Transfrontier co-operation contracts shall be concluded by local authorities within the limits of their powers under domestic law.

They shall inter alia relate to the provision of supplies or services, the taking of joint action, the creation of associations established on the basis of civil or commercial law of one of the States parties or the membership of such an association. <10>

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<10> The coherence of this agreement remains the same whether or not this paragraph is included.

Article 3



The Parties to such a contract shall specify the law applicable thereto by reference to the law of contracts (both public and private) of one of the States parties to this agreement.

They shall also specify, as far as is necessary, those derogations that may be made from such provisions of that law as are not binding.

Failing any relevant stipulation in the contract, the law applicable shall be that of the State of whichever local authority is responsible thereunder for providing the principal service, or failing this, the local authority with the most important financial involvement.

Under all circumstances the persons subject to the local authorities parties to the contract shall retain any right to take action against or seek remedy from the said authorities which they would have enjoyed with regard to the authorities if the latter had retained their duty to provide the said persons with the supplies or services in question. The local authorities against which such action is taken or from which remedies are sought shall be entitled to institute proceedings against those local authorities which have assumed responsibility for providing the supplies or services.

Article 4



Proposals for the conclusion or amendment of contracts shall be simultaneously subject in each State to the ordinary rules governing intervention by higher authorities. However, no approval shall be required from authorities parties to the contract. Any decision taken by a higher authority which may prevent the conclusion or application, or which may provoke the cancellation, of a transfrontier co-operation contract, should imply previous consultations with the corresponding higher authorities of the other States concerned.

Article 5



In the event of a dispute, the competent judicial authority shall be determined by the applicable law. However, transfrontier co-operation contracts may include arbitration clauses. Notwithstanding any such clauses users and third parties shall retain any existing legal remedies against the local authorities of the State to which they belong, it lying with those authorities to seek redress against the defaulting co-contractor.

Higher authorities shall take all measures in their power to secure prompt execution of judicial decisions, whatever the nationality of the court from which they emanated.

Article 6



Contracts concluded under this agreement shall remain in effect after its denunciation. However, the contracts will include a clause authorising the parties to terminate such contracts, subject to five years' notice, in the event of the denunciation of the present agreement. The States parties will have the power to bring about the application of this clause.