German Länder in the European Union Prepared for the Lecture “Saksa nyky - Euroopassa”...

German German LänderLänder in in the European the European

UnionUnionPrepared for the Lecture “Saksa nyky - Prepared for the Lecture “Saksa nyky -

Euroopassa” 12.11.2003Euroopassa” 12.11.2003by Michael Kull, M.Soc.Sc.by Michael Kull, M.Soc.Sc.

Centre for European Studies, Department of Centre for European Studies, Department of Political Science, Faculty of Political Science, Faculty of

Social SciencesSocial SciencesUniversity of HelsinkiUniversity of Helsinki

German German LänderLänder in the European Union in the European Union Introduction Part I: German Länder and the European Union German Länder in the Process of European Integration What have the Länder achieved? Part II: Länder Institutions and Elites in Charge of

European Affairs The Europaministerkonferenz der Länder (EMK) State-Secretaries in Charge of European Affairs Heads of Departments in Charge of European Affairs Federal State Offices in Brussels German Delegates to the Committee of the Regions (CoR)

The Observer of the Länder The Länder-parliaments Committees on EU-Affairs The Committees by Name The Composition of the Länder-Parliaments’ Committees on

European Affairs The Chairmen of the Committees on European Affairs Conclusions

German German LänderLänder in the European Union in the European Union

Draft Treaty Establishing a Constitution for Europe much Draft Treaty Establishing a Constitution for Europe much welcomed by German sub-national institutions and welcomed by German sub-national institutions and authorities since the principle of subsidiarity has been authorities since the principle of subsidiarity has been explicitly mentioned for the first time within a explicitly mentioned for the first time within a constitutional treatyconstitutional treaty::

Article I-9: Fundamental principles paragraph 3: “Under Article I-9: Fundamental principles paragraph 3: “Under the principle of subsidiarity, in areas which do not fall the principle of subsidiarity, in areas which do not fall within its exclusive competence the Union shall act only within its exclusive competence the Union shall act only if and insofar as the objectives of the intended action if and insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States, cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but either at central level or at regional and local level, but can rather, by reason of the scale or effects of the can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. The proposed action, be better achieved at Union level. The Union Institutions shall apply the principle of Union Institutions shall apply the principle of subsidiarity as laid down in the Protocol on the subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and application of the principles of subsidiarity and proportionality, annexed to the Constitution. National proportionality, annexed to the Constitution. National Parliaments shall ensure compliance with that principle Parliaments shall ensure compliance with that principle in accordance with the procedure set out in the in accordance with the procedure set out in the Protocol.”Protocol.”


Two partsTwo parts:: I.I.Länder’sLänder’s role and power in terms role and power in terms

of legal and executive participation of legal and executive participation within the Federal Republic of within the Federal Republic of Germany and Germany and vis-à-visvis-à-vis the European the European UnionUnion

II. II. LänderLänder- elites dealing with EU - elites dealing with EU Affairs at European, Federal and Affairs at European, Federal and LänderLänder-level-level


German German LänderLänder and the European Union and the European Union German Länder in the Process of European IntegrationGerman Länder in the Process of European Integration Growing influence or ”federal erosion”?Growing influence or ”federal erosion”? Article 70 (1) Basic Law for the Federal Republic of Germany: Article 70 (1) Basic Law for the Federal Republic of Germany:

"The "The LänderLänder have the right to legislate in so far as this Basic have the right to legislate in so far as this Basic Law does not confer legislative powers on the Federation". Law does not confer legislative powers on the Federation".

Exclusive Länder responsibilities: the school system, Exclusive Länder responsibilities: the school system, universities, promotion of science and art, press, television and universities, promotion of science and art, press, television and radio. In addition public administration, including radio. In addition public administration, including municipalities and their charters (municipalities and their charters (Gemeinde- und Gemeinde- und Kreisordnungen)Kreisordnungen), the definition of municipal boundaries and the , the definition of municipal boundaries and the so-called so-called kommunale Finanzausgleich.kommunale Finanzausgleich.

Participation in legislation on water- and forest-laws, the rights Participation in legislation on water- and forest-laws, the rights of way, parts of the building- and civil servants law and the of way, parts of the building- and civil servants law and the police. police.


Article 72 (Concurrent Legislation) of the Federation: “The Article 72 (Concurrent Legislation) of the Federation: “The LänderLänder have the right to legislate as long and to the extent have the right to legislate as long and to the extent that the Federation has not exercised its legislative powers. that the Federation has not exercised its legislative powers. The Federation has the right to legislate on such matters if The Federation has the right to legislate on such matters if and to the extent that the creation of equal living and to the extent that the creation of equal living conditions throughout the country or maintenance of legal conditions throughout the country or maintenance of legal and economic unity makes federal legislation necessary in and economic unity makes federal legislation necessary in the national interest.”the national interest.”

Article 74 lists areas of concurrent legislations, e.g. Article 74 lists areas of concurrent legislations, e.g. registrations of births, deaths and marriages, foreigners’ registrations of births, deaths and marriages, foreigners’ residence, refugees and expellees, education and training residence, refugees and expellees, education and training grants and promotion of research, waste disposal, road grants and promotion of research, waste disposal, road traffic and so forthtraffic and so forth

Article 75Article 75 ( (Federal Framework Legislation – subject to Federal Framework Legislation – subject to conditions laid down in Article 72): e.g. general principles conditions laid down in Article 72): e.g. general principles of higher education, general legal status of the press, of higher education, general legal status of the press, registration of residence, regional planning registration of residence, regional planning


LänderLänder in the in the Bundesrat: Bundesrat: Article 50 Basic Law: Article 50 Basic Law: ""LänderLänder shall participate through the shall participate through the BundesratBundesrat in the legislative process and administration of in the legislative process and administration of the Federation and in matters concerning the the Federation and in matters concerning the European Union"European Union"

Different procedures to involve the Länder (via Different procedures to involve the Länder (via Bundesrat): Bundesrat): Zuleitverfahren (1957), Zuleitverfahren (1957), Länderbeteiligungsverfahren (1979),Länderbeteiligungsverfahren (1979), Bundesratsverfahren (1986)Bundesratsverfahren (1986) "Europaartikel""Europaartikel" 23 23 Basic Law (1993)Basic Law (1993)

Zuleitverfahren: Zuleitverfahren: Bundestags' keeps the Bundestags' keeps the BundesratBundesrat informed about developments, intentions and informed about developments, intentions and projects of and within the Council of Ministers projects of and within the Council of Ministers

German German LänderLänder in the European Union in the European Union ZuleitverfahrenZuleitverfahren as well as its successor, as well as its successor,

Länderbeteiligungsverfahren Länderbeteiligungsverfahren (Beteiligung=participation, (Beteiligung=participation, co-operation)co-operation) proved to be rather inefficientproved to be rather inefficient

Bundesratsverfahren: FBundesratsverfahren: Federal government is to hear the ederal government is to hear the BundesratBundesrat before before agreements on EC-matters were taken. agreements on EC-matters were taken. =Improvement but still not satisfactory=Improvement but still not satisfactory

““The Bundesrat shall consist of members of the Land The Bundesrat shall consist of members of the Land governments which appoint and recall them” Article 51 (1) governments which appoint and recall them” Article 51 (1) Basic LawBasic Law

Federal Constitutional Court : Federal Constitutional Court : BundesratBundesrat is meant to be a is meant to be a representation of the representation of the Länder-governmentsLänder-governments. Neither the . Neither the Länder-parliamentsLänder-parliaments nor the nor the populationpopulation of the of the LänderLänder shall shall be authorised or competent to influence or act on decision be authorised or competent to influence or act on decision of the of the BundesratBundesrat..

Länder’s demands after introduction of the Länder’s demands after introduction of the BundesratsverfahrenBundesratsverfahren:: -Realisation of the -Realisation of the principles of subsidiarityprinciples of subsidiarity -Federalism instead -Federalism instead of centralismof centralism -Safeguarding -Safeguarding the the LänderLänder’ sovereignty in the areas of culture and ’ sovereignty in the areas of culture and

educationeducation --Safeguarding an autonomous and regional structural-policy Safeguarding an autonomous and regional structural-policy of of the the LänderLänder - - Principle of subsidiarity laid down in Community-treatiesPrinciple of subsidiarity laid down in Community-treaties

- - A representative of region / Land within A representative of region / Land within Council of Ministers Council of Ministers - A special “Institution of - A special “Institution of the Regions" the Regions"


Bundesrat’s Bundesrat’s position on EC Affairs at the beginning of the position on EC Affairs at the beginning of the 1990’s :1990’s : -Subsidiarity as a -Subsidiarity as a general principlegeneral principle --Creation of a Creation of a Committee of the RegionsCommittee of the Regions

-Modification of Art. 173 (1) EEC -Modification of Art. 173 (1) EEC Demands of the Demands of the LänderLänder during the phase of the ratification during the phase of the ratification

of Maastricht Treaty:of Maastricht Treaty:- The transfer of sovereign powers to - The transfer of sovereign powers to

international institutions international institutions only with the only with the consent of the consent of the BundesratBundesrat - In fields of - In fields of exclusive responsibilities of the exclusive responsibilities of the LänderLänder

a Land-representative to represent the Federal a Land-representative to represent the Federal Republic in the EU Republic in the EU

- A constitutional right for the - A constitutional right for the LänderLänder to to establish establish representations representations (Federal State Offices in Brussels) (Federal State Offices in Brussels) -Right for -Right for participation in EU-affairs shall be written down in participation in EU-affairs shall be written down in

the German Constitution (Basic Law) the German Constitution (Basic Law) As a result Article 23 (Europaartikel)As a result Article 23 (Europaartikel)

German German LänderLänder in the European Union in the European Union "Europaartikel""Europaartikel" 23: 23: Enables Enables LänderLänder to participate in EU Affairs to participate in EU Affairs Paragraph 1: The European Union and its structure shall be Paragraph 1: The European Union and its structure shall be

committed to democratic, rule-of-law, social and federal principles committed to democratic, rule-of-law, social and federal principles as well as to the principles of subsidiarityas well as to the principles of subsidiarity

Paragraph 2 :The Bundestag and, through the Bundesrat the Paragraph 2 :The Bundestag and, through the Bundesrat the LänderLänder shall be involved in matters concerning the European shall be involved in matters concerning the European Union. The Federal Government shall inform the Bundestag and Union. The Federal Government shall inform the Bundestag and the the BundesratBundesrat comprehensively and as quickly as possible.“ comprehensively and as quickly as possible.“

Paragraph 4: “TheParagraph 4: “The Bundesrat Bundesrat shall be involved in the decision- shall be involved in the decision-making process of the Federation in so far as it would have to be making process of the Federation in so far as it would have to be involved in a corresponding internal measure or in so far as the involved in a corresponding internal measure or in so far as the LänderLänder would be internally responsible.“ would be internally responsible.“

Paragraph 5: "Where essentially the legislative powers of the Paragraph 5: "Where essentially the legislative powers of the LänderLänder, the establishment of their authorities or their , the establishment of their authorities or their administrative procedures are affected, the opinion of the administrative procedures are affected, the opinion of the BundesratBundesrat in this respect shall prevail in the decision-making in this respect shall prevail in the decision-making process of the Federation."process of the Federation."

Paragraph 6 lays down the role of a representative of the Paragraph 6 lays down the role of a representative of the LänderLänder. . "Where essentially the exclusive legislative jurisdiction of the "Where essentially the exclusive legislative jurisdiction of the LänderLänder is affected the exercise of the rights of the Federal Republic is affected the exercise of the rights of the Federal Republic of Germany as a member state of the European Union shall be of Germany as a member state of the European Union shall be transferred by the Federation to a representative of the transferred by the Federation to a representative of the LänderLänder designated by the designated by the BundesratBundesrat." ."


What have the Länder achieved?What have the Länder achieved? Shift from legislative to executive federalismShift from legislative to executive federalism The influence of the The influence of the LänderLänder -governments has -governments has

increased considerablyincreased considerably The The LänderLänder -parliaments are, to a large extent, -parliaments are, to a large extent,

excluded if it is about participation in European excluded if it is about participation in European legislation, since the legislation, since the BundesratBundesrat acts as representative acts as representative of the of the LänderLänder

Possible solutions for remaining problems: Possible solutions for remaining problems: - establishment of committees and - establishment of committees and

organs responsible organs responsible for Federal or for Federal or EU-affairs such as the Committee EU-affairs such as the Committee of the Regions of the Regions (COR) or the Länder liaison-(COR) or the Länder liaison- offices in offices in BrusselsBrussels - The principle of - The principle of subsidiarity (Art. 3b Maastricht Treaty)subsidiarity (Art. 3b Maastricht Treaty) - - Draft ConstitutionDraft Constitution

A more detailed analysis at the end of this presentationA more detailed analysis at the end of this presentation


LänderLänder Institutions and Elites in Charge Institutions and Elites in Charge of European Union Affairsof European Union Affairs

Structure:Structure: The The Europaministerkonferenz der Länder (EMK)Europaministerkonferenz der Länder (EMK) State-Secretaries in charge of European Affairs State-Secretaries in charge of European Affairs Heads of Department in Charge of European Heads of Department in Charge of European

AffairsAffairs Heads of the Federal State offices in BrusselsHeads of the Federal State offices in Brussels Observer of the Observer of the LänderLänder Delegates to the Committee of the RegionsDelegates to the Committee of the Regions LänderLänder parliaments’ Committees on European parliaments’ Committees on European

AffairsAffairs

German German LänderLänder in the European in the European UnionUnion

Europaministerkonferenz der Länder (EMK) State-Secretaries in Charge of European Affairs Heads of Department in Charge of European Affa

irs

Federal State Offices in Brussels German Delegates to the Committee of the Regio

ns (COR)

The Observer of the Länder The Länder-parliaments Committees on EU-

Affairs Committees by Name The Composition of the Länder

-Parliaments’ Committees on European Affairs The Chairmen of the Committees on European Af

fairs


ConclusionConclusion Article 23 Basic Law of the Federal Republic of GermanyArticle 23 Basic Law of the Federal Republic of Germany If sovereign powers are to be transferred, the If sovereign powers are to be transferred, the Bundesrat Bundesrat has to has to

approveapprove In an area in which the Federation has exclusive legislative In an area in which the Federation has exclusive legislative

jurisdiction but the interests of the jurisdiction but the interests of the LänderLänder are affected, the are affected, the Federal Government shall take into account the opinion of the Federal Government shall take into account the opinion of the BundesratBundesrat

Where essentially the legislative powers of the Where essentially the legislative powers of the LänderLänder are are affected, the opinion of the affected, the opinion of the BundesratBundesrat shall in this respect shall in this respect prevail in the decision-making process of the Federationprevail in the decision-making process of the Federation

Any future Europeanization of Any future Europeanization of LänderLänder-competences needs an -competences needs an approval by the approval by the BundesratBundesrat and and LändervertreterLändervertreter in the Council in the Council

In so far as legislative jurisdiction of the In so far as legislative jurisdiction of the LänderLänder is affected, is affected, the the BundesratBundesrat should take into consideration the opinion of should take into consideration the opinion of the the LänderLänder parliaments (e.g. if the parliaments (e.g. if the LänderLänder parliaments want parliaments want their governments to put pressure on the Federal Government their governments to put pressure on the Federal Government to bring a case to the European Court of Justice)to bring a case to the European Court of Justice)


ConclusionConclusion Subsidiarity principle has been embodied in the EU Subsidiarity principle has been embodied in the EU

Treaties, lately more precisely formulated in the Treaties, lately more precisely formulated in the Draft Treaty Establishing a Constitution for Europe Draft Treaty Establishing a Constitution for Europe

Establishment of the Committee of the Regions and Establishment of the Committee of the Regions and its right to file an action in cases the principle of its right to file an action in cases the principle of subsidiarity is violated (Draft Treaty Establishing a subsidiarity is violated (Draft Treaty Establishing a Constitution for Europe) Constitution for Europe)

Regions and local authorities have been explicitly Regions and local authorities have been explicitly mentioned for the first time within the context of the mentioned for the first time within the context of the principle of subsidiarity formulated in Article I-9 of principle of subsidiarity formulated in Article I-9 of the Draft Treaty prepared by the European the Draft Treaty prepared by the European ConventionConvention

The right for the The right for the Länder Länder governments to file an governments to file an action (via the action (via the BundesratBundesrat) in cases of ) in cases of violation of the principle of subsidiarity (Draft Treaty violation of the principle of subsidiarity (Draft Treaty Establishing a Constitution for Europe) Establishing a Constitution for Europe)


Evaluation of Biographies:Evaluation of Biographies: Highly educated personnelHighly educated personnel Most common topics degrees: law, Most common topics degrees: law,

economics/management,pedagogics/economics/management,pedagogics/mastership/teachership and engineeringmastership/teachership and engineering

Male dominanceMale dominance Average ageAverage age Members to EU committees relatively low profile of Members to EU committees relatively low profile of

EU related work-experienceEU related work-experience

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