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Comparative FederalismExperiences from Germany What Kind of Federation is Germany ? What Kind of Federation is Germany ? What Kind of Federation is Germany ? What Kind of Federation is Germany ? What Kind of Federation is Germany ? What Kind of Federation is Germany ? What Kind of Federation is Germany ? What Kind of Federation is Germany ? Current Challenges in German Federalism Current Challenges in German Federalism Current Challenges in German Federalism Current Challenges in German Federalism Current Challenges in German Federalism Current Challenges in German Federalism Current Challenges in German Federalism Current Challenges in German Federalism Current Challenges in German Federalism Current Challenges in German Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism Contributions to the Canadian Discussion on Federalism See You in Berlin ! Comparative FederalismExperiences from GermanyConference“Constructing Tomorrow‘s Federalism”25/26 March 2004Regina, Saskatchewanpresented byJulian WürtenbergerOffice of the Premier of Baden-Württemberg, Stuttgart (Germany)What Kind of Federation is Germany ?16 States/Provinces(Länder)Federation(Bund)What Kind of Federation is Germany ?History:Patchwork of independent States before 1871Three occupation zones in West after World War II united in a federal structure (11Länder)Reunification 1990:5 newLänder-> 16LänderWhat Kind of Federation is Germany ?Constitution:16Länderare the constituent units, with all institutions (parliament, government, law courts)Länderare generally responsible for legislation, with many exceptions for federal legislationWhat Kind of Federationis Germany ?Länderare generally responsible for administration, with few exceptions for federal administration(e.g. customs, federal employment agency)Länderare less responsible for taxation; Federation often also has legislative power over provincial taxes, but revenues are shared between Federation andLänderWhat Kind of Federation is Germany ?Important institutions on the federallevel:Federal GovernmentFederal Parliament (Bundestag): 598 MPs (50 % directly elected; 50 % by proportional representation)Federal Chamber ofLänder(Bundesrat): 69 members sent by 16LändergovernmentsMediation Committee (Vermittlungsausschuss) of BundestagandBundesratWhat Kind of Federationis Germany ?Important institutions on the Landlevel:LandgovernmentLandparliamentWhat Kind of Federation is Germany ?Intergovernmental relations on theLänderlevelConference of Premiers ofLänder: 4 meetings on Premiers‘ level per annum; 8-12 meetings on Under-secretaries‘ level per annumConferences of Ministers ofLänder(according to their different fields): 50 -100 meetings on Ministers‘ or Under-secretaries‘ level per annumWhat Kind of Federationis Germany ?Intergovernmental relations on the level of Federation andLänderMeetings of Federal Chancellor (Bundeskanzler) and Premiers ofLändertwice a yearFederal Ministers as guests in conferences of Ministers ofLänderCurrent Challenges in German FederalismThe system has come downto a “participatory federalism”Current Challenges in German FederalismCurrent Challenges in German FederalismProblemsParticipation weakens power for necessary reformsBundestagandBundesratcan block each other (esp. in case of different political majorities) or the parties have to form “great coalitions”Less competition of different policies on the level ofLänderor on the level of Federation andLänderVoters cannot distinguish between political responsibilities-> less political competition of political partiesCurrent Challenges in German FederalismFederalism: The most complicated, most time-consumingand most boring game of all times…Current Challenges in German FederalismProblemsThe legislative competences of the Landparliaments have been effectively hollowed outFederal Parliament often claims the right of legislation, because it argues: “The creation of equal living conditions throughout the country or the maintenance of legal and economic unity makes federal legislation necessaryin the national interest” (Art. 72 II Basic Law)Current Challenges in German FederalismFederalism reform commission (Bundesstaatskommission)32 members (half Bundestag, halfBundesrat) and expertsTasks:*Decartelizationof legislation competences infavorofLänder* Reduction of competences ofBundesrat(less blockades of federal legislation)* Reform of financial relations between Federation andLänder* Participation ofLänderin EU legislationCurrent Challenges in German FederalismWhat do we want?Modern governanceOut of:Don DennisonIntergovernmentalRelations in CanadaCurrent Challenges in German FederalismWhat do we want?Subsidiarity* Decisions have to be taken as closely as possible to the citizens * Problems are best solved in the subsystem where they arise * Problems may only be referred to a higher authority if the closer subsystem cannot solve themCurrent Challenges in German FederalismWhat do we want?Decartelizationof powers between federal and regional levelCompetitionof policiesPlurality of political ideasTransparencyof political responsibilitiesCurrent Challenges in German FederalismWhat do we want? (from the regional view)Assets of regional legislationSovereignty of organization of Land(administration and staff)Education and cultureSecurity and risk managementAll issues with local and regional references, e.g.:* Social contributions* Environmental issues* Housing* Local economic policyContributions to the Canadian Discussion on FederalismContributions to the Canadian Discussion on FederalismProportional representation through second vote (Zweitstimme)Germany’s list system reinforces the power of parties, because* the parties have to nominate the lists* the voter cannot make several choicesor cross out a name on the listParties have to nominate lists for the election of Bundestag in each LandContributions to the Canadian Discussion on FederalismContributions to the Canadian Discussion on FederalismContributions to the Canadian Discussion on FederalismRevenues of partiesMembership duesDonations (40 % reimbursement through income tax up to 1,600 €)Earnings of propertyGrants depending on the sum of dues and donationsContributions to the Canadian Discussion on FederalismAppointing judgesLandlevel:Judges are elected by government (Ministry of Justice)Federal level:Judges are elected by election committee (Federal Minister of Justice, equal number of members representing Federal Parliament and Landgovernments)Contributions to the Canadian Discussion on FederalismReferendumsNo citizen initiatives allowed on federallevel Citizen initiatives allowed on Landlevel, but high obstacles -> only few referendumsCitizen initiatives allowed on locallevel, medium or low obstacles -> multiple referendums occurring Good experiences at the local levelMany proposals to ease the preconditionsContributions to the Canadian Discussion on FederalismRevenues of citiesCharges for servicesCity taxes and fees (e.g. dogs, entertainment)Local business tax Global and appropriated grants of LandParticipating shares of income tax and of sales taxRaising of credit (many cities have a big deficit in their budgets, up to 1,000 € and more per head)Some services (e.g. public swimming pools) have to be reduced because of deficits in city budgetsContributions to the Canadian Discussion on FederalismThe municipal budget holeContributions to the Canadian Discussion on FederalismIncreasing costs of health careFederal level responsible for social insurance and health care standardsLandlevel responsible only for hospital planning and hospital fundingEvery employee or payee of social incomes has to be member of legal health care insurance (exception: people with high incomes and civil servants pay for private insurance)Increasing costs will be reduced by exclusions of benefits and higher individual financial participationBiggest problem in future: demographyContributions to the Canadian Discussion on FederalismHealth expenses in GermanyTotal expenses (billions €)Expenses per head (€)Percentage of gross national productContributions to the Canadian Discussion on FederalismKyoto Protocol and Global WarmingFederal (or EU) legislation:* Trading in emission certificates* Emission and immission limits* TaxationLandand city level:* Regional initiatives (Agenda 21)* Grants for investments by private householdsContributions to the Canadian Discussion on FederalismSustainable TransportationFederal level:* Technical measures for motors* Taxation of fuel and cars, tolls (only for trucks)* Funding of rail and road infrastructure* Funding of public transportLandand city level:* Avoidance of circulation through housing development and intermodal connections* Benefits for sustainable means of transport* Funding of public transportContributions to the Canadian Discussion on FederalismPost-September 11 and the “War on Terror” measuresFederal level:* New anti-terror security laws (especially penal law and law on foreigners)Landlevel* New police laws* Preparations for emergencies; task forcesIn majority, new laws are politically accepted and have hardly been tested in law courtsContributions to the Canadian Discussion on FederalismThe Federal Constitutional Court restricts listening devicesContributions to the Canadian Discussion on FederalismProtection of minoritiesProportional voting systemHuman rights in constitution and special rights in anti-discrimination lawsExtra status in some parliamentsAlso wanted: Integration, not isolation of minorities and immigrantsSee You in Berlin !