Executive federalism
As executive federalism refers to a form of federalism , in which representatives of the governments (the executive branch ) of the lower level, an organ of the legislature at the higher level form. This form of political integration ensures close interlinking between central power and the governments of the member states . At the same time, however, it also strengthens the governments of the member states vis-à-vis their parliaments, which critics see as a breach of the principles of the separation of powers and the protection of minorities . Prominent examples of executive federalism are the German Reich of 1870, the Federal Republic of Germany with the Bundesrat and the European Union with the Council of the EU (Council of Ministers).
Alternative models to executive federalism are the sending of representatives of the state parliaments to federal legislative organs (such as in the Austrian Federal Council - which is of little importance in state practice - or at a parliamentary assembly ) or the direct election of their members (such as in the Swiss Council of States or the Senate of the United States ).
Germany
In the German Bundesrat there are representatives of the state governments who are selected by them and have an imperative mandate . Other possibilities would be to have the members of the regional chamber elected by the respective state parliament (such as in Austria) or directly by the national peoples, as is the case in the USA . Representatives of the state governments also sit in other federal bodies, such as the Conference of Ministers of Education and Cultural Affairs in which the states work together. While the prime ministers of the states therefore also play an important role in federal politics , the state parliaments have little power.
The Bundesrat system, in which the members of the regional chamber are elected by the state governments, is anchored in German history. In the course of the history of the Federal Republic, the weight of the state governments has increased and the power of the state parliaments has decreased, as more and more legislative powers went to the federal government and more and more federal laws - around 60 percent - required approval , i.e. the approval of the Federal Council is required for their implementation . In executive federalism, there are also political entanglements and the individual political decisions can no longer be assigned. With the federalism reform that came into force on September 1, 2006 , the legislative powers of the states are to be increased and the number of federal laws requiring approval reduced to 30 to 40 percent, which would presumably reduce the state governments' power in the political system. In addition, an attempt was made to separate state and federal competencies more clearly.
Austria
In addition to the Federal Council, which is largely insignificant from a real-political point of view, Austria also has the Governors' Conference , an informal body formed by the Governors . It has great domestic political weight far beyond the affairs of the federal states.
European Union
In the European Union , too , one can speak of executive federalism, since its most important legislative body alongside the European Parliament , the Council of the European Union ("Council of Ministers"), is appointed by the governments of the EU member states.
See also
literature
- Philipp Dann: Parliaments in executive federalism. A study on the relationship between federal order and parliamentary democracy in the European Union (= contributions to foreign public law and international law . Volume 166 ). Springer, Berlin a. a. 2004, ISBN 3-540-20743-0 (also: Frankfurt am Main, University, dissertation, 2002-2003).
- Heinz Laufer, Ursula Münch: The federal system of the Federal Republic of Germany . VS Verlag für Sozialwissenschaften, Wiesbaden 2006, ISBN 3-8100-1915-1 (Unchanged reprint of the 1st edition.).