Second ClassSelf - Rule

Second ClassSelf Rule

Distribution of Powers

Shared Rule Self RuleConstitution

Basic Elements of Federalism

Main Questions:

Purpose of DistributionWho decides?

Concept and Technique of Distribution

Criteria‘s

What is distributed

Distribution to - Whom? - What entities? - Border-lines?Asymmetric Distribution

Who decides

Constitution maker

Federal LegislatureBothCourt (US, EU)

Common Law: Family Law, Property Law, Contract, Criminal Law, Procedure, commercial law etc.

Purpose of Distributionand Criteria’s

LegitimacyDiversity

Efficiency

DemocracyJustice

Financial CapacityNeed for Coordination

Interest of the task limited to the region

Need for a uniform solution

Closeness to local population

Subsidiary PrincipleCommerce ClauseNecessary and Proper Clause

Purpose Criteria’s Principles

What is distributed

Branches ofGovernmentConstitution MakingLegislationExecutionJudiciary

FinancialCompetences

Income:Taxes, Grants,Bonds, Loans

Expenditures

FinancialEqualisation

GovernmentalTasks

Foreign PolicyIncl. Defence

PoliceEducation, Cul-tureHealth, EnvironmentEconomy andDevelopment

Mineral Resource, Water etc.Public Services

Civil Law Common Law

Individual / col-lective rights

CommonLaw, Codi-fication Spending

PowerOpting out localdeviation

Techniques of Distribution

ExclusiveParallelConcurrentGeneral ClausesDetailed Regulations

Concept Technique

Bottom up

Top Down

Parallel Distribution

Supremacy