Federalism jef training days 27-29 june 2008. aims peace (value aspect of federalism developed by Immanuel Kant) democracy at all levels efficiency.

federalismjef 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 andto exercise, in the present, rational choices, deep commitments, and a conscious exercise of responsibility

moral imperatives

tolerationcooperationcompromisebargainingnegotiationreciprocityobligationresponsibility

key characteristics

rule of lawdemocracysubsidiarityhuman rightsfreedomequality

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 workin residential communitiesin 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 statethe 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 intergovernmentalcooperation. 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.orgwww.forumfed.org