federalism
jef training days
27-29 june 2008
aims
peace
(value aspect of federalism developed by Immanuel Kant)
democracy at all levels
efficiency
some historical facts
alliances of Greek city states or mediaeval Italian
towns
Switzerland, the Netherlands (the United
Provinces)
Foundation of the United States of America
Philadelphia Convention (1787)
definition (I)
"Federalism is essentially a system of voluntary self-rule and
shared rule. This is implied in the derivation of the word ‘federal’,
which comes from the Latin foedus, meaning covenant. A covenant
signifies a binding partnership among co-equals in which the
parties to the covenant retain their individual identity and integrity
while creating a new entity, such as a family or a body politic, that
has its own identity and integrity as well. A covenant also signifies a
morally binding commitment in which the partners behave
toward each other in accord with the spirit of the law rather than
merely the letter of the law."
John Kincaid, Professor at Lafayette College in Pennsylvania
definition (II)
"Federalism is the theory or advocacy of federal political orders, where final authority is
divided between sub-units and a center. Unlike a unitary state, sovereignty is constitutionally
split between at least two territorial levels so that units at each level have final authority and
can act independently of the others in some area. Citizens thus have political obligations to
two authorities. The allocation of authority between the sub-unit and center may vary,
typically the center has powers regarding defense and foreign policy, but sub-units may also
have international roles. The sub-units may also participate in central decision-making
bodies. Much recent philosophical attention is spurred by renewed political interest in
federalism, coupled with empirical findings concerning the requisite and legitimate basis for
stability and trust among citizens in federations. Philosophical contributions have addressed
the dilemmas and opportunities facing Canada, Australia and Europe, to mention just a few
areas where federal arrangements are seen as interesting solutions to accommodating
differences among populations divided by ethnic or cultural cleavages yet seeking a
common political order."
Stanford Encyclopaedia of Philosophy
definition (III)
“Federalism is a form of political thinking and behaviour with both a “social basis”
and an “historical reference”. The social basis corresponds to the character of a
federal society, i.e. the sense of community and cosmopolitanism. The historical
reference is provided by the stage of evolution of economic and political
interdependence. Earlier federations (e.g. the American) consolidated social
groups very similar to national ones. The struggle for European federation marks a
new stage in the historical process, that in which federalism must overcome
national sovereignty itself. The process of European unification is therefore seen
as the beginning of a world-wide transition from the national stage of historical
development to the federalist one."
Mario Albertini (Il Federalismo. Antologia e definizione, Bologna, 1979)
developed a general theory of federalism as ideology; he defines ideology
as theform in which the thought deals with the future. Without thinking
of the future it is not possible, according to Albertini, to understand and
to exercise, in the present, rational choices, deep commitments, and a
conscious exercise of responsibility
moral imperatives
toleration
cooperation
compromise
bargaining
negotiation
reciprocity
obligation
responsibility
key characteristics
rule of law
democracy
subsidiarity
human rights
freedom
equality
subsidiarity
all decisions in society shall not be made on a higher level than
necessary
each individual has the right to exercise maximum influence over all
matters which concern him/her, limited necessarily by the rights of other
individuals
the power structure of society must be such that the authority to deal
with a problem lies where the problem arises or naturally belongs
principles of democracy must be introduced at all levels:
at the place of work
in residential communities
in educational institutions
federalism and subsidiarity
The concepts of federalism and subsidiarity are related to each
other. But they do not coincide. Federalism is concerned with the
structure of the decision-making process, with the co-existence and
co-operation of different autonomies.
Subsidiarity has to do with the allocation of tasks within a given
political structure in such a way that the process ascends from
‘bottom’ to ‘top’. The principle of subsidiarity may be optimally
implemented within a federal structure, but the latter is not
indispensable.
federal states in the world
argentina, australia, austria, belgium, bosnia and
hercegovina, brazil, canada, comoros, ethiopia,
germany, india, malaysia, mexico, micronesia,
nigeria, pakistan, russia, st. kitts and nevis, south
africa, spain, switzerland, united arab emirates,
united states of america, venezuela
characteristics of a federal state
the functional division between legislative,
executive and judicial powers
a territorial division of powers between the
various levels of government which are
simultaneously independent and coordinated
federation vs confederation
A system for decision making is a federation (Bundesstaat) if it is itself a
state, i.e. a territorial government independent under the law of
nations, composed of territorial units with a relatively high degree of
autonomy which therefore, or for historical reasons, are also called
states and which participate in an ordered and permanent way in the
formation of the central government's will.
A system for decision making is a confederation (Staatenbund) if it is an
entity composed of states, i.e. of territorial governments independent
under the law of nations which, together, participate in an ordered and
permanent way in the formation of the central entity's will.
institutional vision of EU
european commission
= european government
(president elected by the parliament, chooses his own commissioners)
bicameral european parliament composed of
the current EP and the council of ministers
(council of EU)
abolishment of the
european council
federal Europe
“European reality and culture, which are at the basis of a
‘union in diversity’, can only flourish in a federation that,
while safeguarding national identity and regional
diversity, is capable of creating a community and uniting
Europeans around a common project and a common
destiny. This is the best way for the European Union to
contribute to the security and prosperity of Europe as
well as that of humanity.”
Sidjanski, Dušan (2002): The Quest for a New European Federalism
to sum up…
DEMOCRACY and EFFICIENCY
...a model of governance ensuring efficiency in a democratic framework.
...a division of political power between levels of government to achieve the best combination of
democracy and effectiveness.
... a system of multi-level governance so that decisions are taken at the most appropriate level, with as
much decentralisation as possible and as much centralisation as necessary.
...a theory of political legitimacy since each level of government should have a direct link to the citizens
and their interests should be represented at central level.
...a bottom-up political approach to the society based on the principle of subsidiarity, where decisions
should be taken as openly and as closely to citizens as possible.
...a means of protecting pluralism and the rights of the individual
against an over-powerful government.
...an idea that democracy and the rule of law should apply between
states as well as within them.
to sum up…
UNITY and DIVERSITY
...a way of managing diversity safeguarding and promoting cultural
identities within political entities as vital for their viability and dynamism.
...a model of multi-layered identity reflecting the complexity of human
life by taking into account and reconciling multiple identifications and
allegiances of citizens. Feelings of belonging to a local community, region
and/or country are not incompatible with the identification with and support
of supranational and international political entities
(such as the EU and UN), but supplement and
mutually influence each other.
to sum up…
PEACE and UNIVERSAL VALUES
...a guarantor of all human beings' fundamental and inalienable rights.
...a means of preventing war by establishing a means for the peaceful resolution
of disputes between states.
...a rejection of the idea that the development of political institutions in human
history has come to a full stop with the creation of nation states.
...a political theory promoting solidarity as a precondition for the
peaceful coexistence and cooperation within and
between states and other political bodies.
to sum up…
CONFRONTING MODERN CHALLENGES GLOBALLY
...an alternative to the hegemony of one state or group of states in an ordered
international system.
...a means of starting to tackle seemingly impossible political problems by
understanding the way that the design of institutional systems both causes and
can help to solve them.
...an answer to the erosion of the sovereignity of the nation state caused by
globalisation. Modern states can no longer tackle many
(both global and national) problems on their own or
solely by means of traditional intergovernmental
cooperation. Nowadays challenges facing states
need to be addressed with common policies.
to sum up…
UNIVERSAL APPLICABILITY
...a dynamic concept that in spite of the challenges raised by the
evolution of society succeeded in adapting to new forms of societal
organization resulting in diverse forms of federal arrangements that
encompass a large number of countries, regions and populations all
around the world.
...a political ideology and means of addressing politics that is not tied to
traditional left-right party divisions.
...a realisation that progress both can and
must come in stages - think of federalism
as a direction rather than a destination!
that’s it
thanks for your attention and if you want to know more about
federalism and/or JEF check out the following websites:
www.jef.eu
www.federaleurope.org
www.forumfed.org