6. The Bottom-Up Approach: Experiences with the Impact Assessment of EU and National Legislation in the German, Dutch and Belgian Cross-Border Regions

Considering the myriad cross-border regions that the EU counts, it is impossible for the European Commission to map detailed territorial cross-border effects in all of the EU’s border regions for the impact assessments it conducts. National governments also face obstacles when seeking to cohesively integrate cross-border impact assessments in the existing frameworks that they use to assess the impact of new legislative, policy and enforcement measures. Even border regions or cross-border entities themselves face challenges in implementing impact assessments in their own territories. Despite the need for structural analyses of the border effects of newly adopted legislation and legislation under review, in terms of policy and enforcement, there are issues regarding the availability of academic resources, relevant tools and know-how. For the last couple of years, researchers from Maastricht University have been assessing as a bottom up exercise the potential effects of legislative proposals on the specific Dutch/German and Dutch/Belgium cross-border territories. This article presents the methodology used and the experiences gained from 2016 to 2019 by highlighting a number of interesting cases. It also offers future ideas for conducting similar “bottom-up” regulatory territorial impact assessments in cross-border regions.