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Federalism in Germany: Unity and Diversity

Federalism in Germany: Unity and Diversity

PARTICIPATORY AND : FROM FRAMEWORK TO FUNCTIONALITY ISLAMABAD/, 25TH – 27TH SEPTEMBER, 2013

FEDERALISM IN GERMANY: UNITY AND DIVERSITY

[email protected] FEDERALISM IN GERMANY: UNITY AND DIVERSITY

Basic Data Functions and Types Distribution of Powers Exclusive and Concurrent Competences Intergovernmental Relations/Inter-Unit-Relations Bicameralism Jurisdiction Financial Regulations Value of Comparisons

2 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Basic Data (1)

80 m inhabitants 137.8 k sq mi 38.1 k$ GDPpc PPP Berlin EU

3 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Basic Data (2)

16 Länder (after reunification 1990) Constitutions 962, 1871, 1949, 1990, (Ref 2006, 2008)

German (Min: Danish, Sorbish, Immigrants) Germans 81%, Euro 7, Turks 4, Asean 2%, Other 6% Culturally relatively homogenous (but: Eastern G) 65% Christian (Catholic+Protestants), Secular, Other

.

4 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Basic Data (3)

West - East: Two socio-economic systems until 1990 North - South: Wealthier Länder Bavaria, Hesse, B-W Structural problems of old industries Urban agglomeration < > Countryside No significant natural resources

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5 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Basic Data (4)

Democracy

Social State (Welfare)

Federalism

Legal State (Constitutional)

Republic

.

6 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Basic Data (5)

Parliamentary System> proportional vote Executive: Chancellor (Prime Minister) > Election by National Council (1st chamber) President (Representation) > Election by special assembly (BT + LR)

7 8 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Functions and Types (1)

Enhancing and pluralism

Facilitating political participation

Political will on several levels

Power limitation

Advancing junior politicians/newcomers

Improvement of solving political problems

9 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Functions and Types (2): Solving Thematic Issues

Economy/Fiscal Policy/Energy (Oil/Gas etc.)

Environment/Climate Change

Public Security/Immigration/Integration

Culture/ Education/ Language/ Religion

Local /Metropol-Regions/Capitals

10 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Functions and Types (3)

Unitary F (co-operative F) Competitive F (strong competition among CU; e.g. CAN, CHE)

Symmetric F (equal rights) Asymmetric F (different rights (e.g. ESP, CAN)

•••

11 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Functions and Types (4)

Co-operative Federalism (DEU, AUT)

> PRO: Reduction of Conflicts

> CONTRA: Undermining political accountability ?

“Interlocking” Federalism ?

Germany: Equality of Living Conditions

12 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Functions and Types (5): Cooperation < > Competition

Competitive Federalism (CAN, AUS, IND, BRA, NIG)

> PRO: Producing beneficial results ?

> CONTRA: Intergovernmental conflict Divisive impact Taxation: “race to the bottom” (CHE)

13 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Functions and Types (6): Finding an Equilibrium

centrifugal powers centripetal powers

Integration > Unity Independence

Equality of living conditions Diversity

CONFEDERATION < > < >

14 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (1)

Horizontal: Legislative Executive Jurisdiction

+

Vertical: Legislation/Administration on different levels Co-decision Center/Sub-States (Taxes, Expenditures, Contributions)

15 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (2): Exclusive Competences Example: Germany

Federal Constituent Units

Representation of Language Culture/Education State Religion Foreign Policy International Trade Police Defence Municipalities TaxesCurrency Taxes

16 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (3): Concurrent Competences Example:Federal Germany Government Laender Enumerated tasks Everything but (not by Federal G.) - Civil law - Criminal law Reality: most are federal - Economic law But: Residual Power - Labor law - Social law Co-Decision by Bundesrat -

Framework: - Equal living conditions Administration -

17 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (4): Intergovernmental Relations

Inevitability of overlaps/interdependences

Partnership Functions

Consultation Conflict resolution Co-operation Adapting to changing Co-ordination circumstances

18 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (5): Intergovernmental Relations

Forms Extent > Formal > Federal - Unit > Informal > Inter-Unit

Other devices for Flexibility/Adjustments

19 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (6): Inter Unit-Relations

Reasons: Cross-boundary issues Co-operation of regional groups Jointly shared Rivers Transportation Routes Environment

Institutions: Conference of Minister-Presidents (D) Council of the Federation (CAN) Conference of Cantonal Governments (SUI)

20 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (8a): Bicameralism

Bicameral System: Bundestag < > Bundesrat

21 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (8b): Bicameralism - Bundestag

598 + (22) members > electorate/population Elections regularly 4 years proportional vote (mainly parties) slight personal element Law making Election of Chancellor/Other Tasks

22 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (8c): Bicameralism - Bundesrat

16 > 69 votes Representation slightly weighted to population (6/3) Appointed by Laender Governments (bloc vote)

Veto (Laws affecting the Laender 40% after reform) Suspensive Veto (all other Laws) (can be overridden by “Chancellor’s majority”) Other Tasks: Nomination of Constitutional Judges

23 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (10): Bicameralism - Democracy

CONTRA PRO

Alternative political arenas Violation of One person - One vote Decisions closer to the people > 2nd Chamber Veto-players Protection of minorities DEU: Saarland 13 x NRW (weighted) Limitation of potential tyranny USA: Wyoming 65 x California of the majority

BRA: 43% pop > 74% of the vote

24 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (11): Jurisdiction - Constitution

Supremacy of the Constitution Old Constitutions > Minimum principles: USA

DEU Young Constitutions > Elaborated: IND

Exclusion States: AUS, BRA, CHE, DEU, MEX

Inclusion States: CAN, IND

25 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Distribution of Powers (12): Jurisdiction - Umpire

Constitutional Courts: AUT, BEL, BH, DEU, ESP, RUS

Supreme Courts: USA, CAN, AUS, IND, LatA, MAL, PAK, NIG, PAK, MicroF

House of Federation (2nd Chamber): ETH

Referendum (Federal) + Tribunal (Cantonal): CHE Under Discussion: DEU (some items)

26 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Financial Regulations (1): Relevance

> Enabling/Constraining Governments in achieving their policies

> Taxing/Expenditure Powers

> Affecting/Regulating the Economy

27 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Financial Regulations (2): Revenues

Taxes

Fees

Contributions (e.g. Social Insurance)

Federal Bank Profits

Incomes/Sales of state-run companies

Fines

New Debts

28 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Financial Regulations (3a): Revenues -Taxes

Federal Taxes Legal Power Laender Taxes Income Power Municpalities Taxes Administrative Power

29 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Financial Regulations (3b): Taxes – joint/separate

F: IncT 42.5%, CIncT 42.5%, FRT 44 %, VAT 51.4%, (LicT 7%) EnSt, TobT, InsT, CarT, ElT, SpD, SWT, CofT, SolT

L: IncT 42.5%, CIncT 42.5%, FRT 44 %, VAT 46.5%, (LicT 7%) LegT, LandPT, BetT, BeerT, (PrT)

M: IncT 15%, CIncT 15%, FRT 12 %, VAT 2.1%, (LicT 86%) LandT, DogT, EntT, AlcBT, HunT, FiT, PubLT, SecRT

30 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Financial Regulations (4): Harmonization

Harmonization of Taxes

> vertical (F/L, L/M) > horizontal (L/L)

Assignments of Tasks

> Administration mainly by Laender > Common Tasks > Debt Break for Laender

31 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Financial Regulations (5): Autonomy

PRO CONTRA

> Accountability > Economic efficiency Race to the bottom > Responsiveness to local preferences > Administrative simplicity

> Equal Living Conditions Sharing of taxes + Transfers > Mix

32 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Value of Comparisons (1)

Positive and negative lessons

Caution: No single pure model

Different circumstances

Each has to find its own way(s)

.

33 FEDERALISM IN GERMANY: UNITY AND DIVERSITY Value of Comparisons (2)

A look over the borders could help by

> Identifying similarities and differences

> Identifying options

> Anticipating consequences of arrangements

> Possible learning effects from successes but also from difficulties and failures .

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