Fourth and Fifth ClassSelf - Rule

Fourth Class:Concepts of Distribution of

Powers

Shared Rule Self RuleC

on

stitutio

n

Basic Elements of Federalism

Main Questions:

Purpose of Distribution

Who decides?

Technique of Distribution

Criteria‘s

What is distributed

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

Asymmetric Distribution

Who decides

Constitution maker

Federal Legislature

Both

Court (US, EU)

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

Purpose of Distributionand Criteria’s

LegitimacyDiversity

Efficiency

Democracy

Justice

Financial CapacityNeed for Coordination

Interest of the task limited to the region

Need for a uniform solution

Closeness to local population

Subsidiary Principle

Commerce Clause

Necessary and Proper Clause

Purpose Criteria’s Principles

Fifth Class:What powers are

Distributed?

What is distributed

Branches ofGovernment

Constitution 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 local

deviationSocial Secu-ity

Techniques of Distribution

Exclusive

Parallel

Concurrent

General Clauses

Detailed Regulations

Concept Technique

Bottom up

Top Down

Parallel Distribution

Supremacy