Competence Sharing in a Federal State

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Presentation transcript:

Competence Sharing in a Federal State by Dr. h.c. Andreas Gross (Switzerland) (Political Scientist/Dir. Atelier for Direct Democracy St-Ursanne, 24 years Swiss MP/ 2008-2016: Leader of the Social Democrats in the PA of the Council of Europe, Strasburg) Info@andigross.ch www.andigross.ch Presentation in a Training Course for Participants from Myanmar at the GCSP in Geneva, March 28th 2017

+ “All different, but all equal ” “Unity in diversity” + “All different, but all equal ”

Defined in the Constitution Conflict resolution without violence Democracy: Mosaic of Hundreds of constitutive Institutions, Rights, Proceedings, values, attitudes, relations, results Defined in the Constitution A never ending Process Conflict resolution without violence

Competence sharing is a stone in the Mosaic of Democracy Vertically: Citizens/Parliament/Government open proportional system in decentralized territories Horizontally: Consequent decentralisation Commune/canton/federal level

Federalism in the European way You keep your smaller entity – but you are also part of a bigger one, where you have the same power as the other entities . 1848 The Swiss copied the US-Constitution The US founding fathers very inspired by the Irokesians (6 nations in the North of NY)

You need to organize and secure federalism in the constitution The sovereignty stays with the cantons Every canton sends two senators in the equal second chamber Every change of the constitution needs a double majority in a Referendum(people &cantons) The federal level only get’s the power to legislate, if the majority of the citizens and the cantons allow it * every law needs a majority in both chambers

Federalism and Direct Democracy are sisters Both share powers ! - Fed: Territorially DD: Among citizens/institutions Integration by communication between citizens and cantons

Distribution of duties between Federation/Cantons/communes Police Local streets Int. Relations Defense Churches Public trsp Currency/Custom Schools Gaz/Elec/Wat Post/Media Universitys Urban plan Rail/Airplane Elect of teach Energy: Water/Nuclear Taxes Soc serv.

Federation and Cantons together: Agriculture Highways Industry/Commerce/Work Civil/Penal-Code Taxes Social Insurances Environment

Financial Distribution Federation/Cantons/communes (Equal distribution of public servants) Fed/In: Cantons/In: Com/In: 40 % 30 % Fed/Out: Cant/Out: Com/Out 32 % 28 %

Always on the move You may always try to reform/fix relations by negotiations and new compromises You may always try to fine-tune arrangements Nobody can command, everybody may try to convince each-other following the rules Only Fed/Cant – Communes only with their Canton concerned