Reading EUropean borderlands under the perspective of legal geography and spatial justice

Abstract

ABSTRACT Recently, the notion of spatial justice has been discussed as a possible conceptual foundation for rethinking EU Cohesion Policy. While scholars have adopted a dual distributive and procedural understanding of spatial justice, the paper argues that, applied to cross-border areas, such a conceptualisation is challenged to explain how the border contributes to disparities. We argue that actively questioning the role of law is paramount for better examination of the dynamics within border areas. An understanding of spatial justice informed by legal geography allows examination of how law fosters and impedes movement across borders. The paper presents three recent examples where policy representatives from affected communities have fought to adapt legal provisions to cross-border spatiality. Whether such initiatives increased border communities' capacities to shape their own development (i.e. European Grouping of Territorial Cooperation) or not yet (i.e. co-development at the Lorraine-Luxembourg border; European Cross-Border Mechanism), these examples show that analysing EUropean borderlands as a spatio-legal category helps understanding of how space and law constantly struggle with one another, and how spatial justice emerges from a movement out of this conflict. The paper concludes by discussing the practical and conceptual implications of combining legal geography and spatial justice for analysing EU Borderlands.