ТИПОВОЕ МЕЖГОСУДАРСТВЕННОЕ СОГЛАШЕНИЕ О ПРИГРАНИЧНОМ СОТРУДНИЧЕСТВЕ МЕЖДУ МЕСТНЫМИ ВЛАСТЯМИ НА КОНТРАКТНОЙ ОСНОВЕ (АНГЛ.)
к Конвенции Совета
от 21.05.1980 No. 106
1.4 Model inter-state
on contractual transfrontier co-operation
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>.
<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.
Transfrontier co-operation between local
authorities shall be conducted inter alia by means of administrative, economic
or technical contracts.
Transfrontier co-operation contracts
shall be concluded by local authorities within the limits of their powers under
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>
<10> The coherence of this agreement
remains the same whether or not this paragraph is included.
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.
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.
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.
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.
shall take all measures in their power to secure prompt execution of judicial
decisions, whatever the nationality of the court from which they emanated.
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.