France incorporates cross-border issues into the assessment of its laws: a major step forward!

This normative act, which brings together in a single document the requirements surrounding the preliminary assessment of legislative and regulatory texts, provides for a new cross-cutting analysis of cross-border impacts. ‘It is important,’ according to the circular, “to ensure that a specific analysis of border areas is carried out on draft legislative measures where relevant. This should make it possible to anticipate the effects of public policies that may have unforeseen consequences for these areas, in France or in neighbouring countries, or conflict with the regulations of these countries, thereby altering or limiting the effectiveness of the policies pursued.”

The text also specifies that cross-border impact would be characterised when a new measure ‘has different effects on citizens, businesses, communities or decentralised services in the border area concerned, compared to the rest of the country. This impact may be positive or negative.’

Further on, the circular refers to the new Schengen Borders Code for the definition of ‘cross-border regions’, before defining this cross-cutting analysis as all economic, social, technical or environmental impacts that may have cross-border effects on local authorities, decentralised services, businesses or individuals. Among the areas most likely to produce such cross-border effects, the circular lists taxation, social protection, labour law, qualifications and education policies, administrative or reporting obligations, health and crisis management, the environment, transport, energy, businesses, urban planning, housing, land use planning and security.

Furthermore, according to the circular, there is a presumption of cross-border impact when the proposed measure affects the free movement of persons, goods, capital or services, or when it creates a difference (new or modifies an existing one) with one or more neighbouring countries. In this case, the General Secretariat of the Government may request an in-depth cross-border analysis.

Finally, the circular specifies that with regard to cross-border impacts specific to the French-German border, the ministry concerned should refer to the methodological guide currently being developed following the work of the ‘Cross-border Impact Analysis’ working group, which was set up by the Cross-border Cooperation Committee (CCT) and co-chaired by the MOT. This methodological guide will describe an ad hoc analysis procedure applicable to the French-German border. The MOT is participating in the development of this guide.