1. 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/ : Leader of the Social Democrats in the PA of the Council of Europe, Strasburg)
Presentation in a Training Course for Participants from Myanmar
at the GCSP in Geneva,
March 28th 2017

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

3. 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

4. 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

5. 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
The Swiss copied the US-Constitution
The US founding fathers very inspired by the Irokesians (6 nations in the North of NY)

6. 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

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

8. 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.

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

10. 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 %

11. 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