Under personal union is defined as the practice of various unconnected offices or functions by the same person, but that does not by that person possible dominated total area. A personal union arises for reasons inherent in the person (for example because it was elected in separate elections for both offices or through inheritance).
Distinguished from the personal union are the Real Union and the double hat , where the offices and functions are themselves connected necessarily with each other, therefore the minister is necessary the same.
Connection of states
In general political theory , the connection of independent states by a common head of state is referred to as a personal union. The government of several countries in personal union played a major role , especially in the feudal period . Until well into the 18th and 19th century there was no uniform usually state , but a monarch reigned over lands and thus a plurality or multiplicity of states, each with its own constitution , government systems and corporative participation rights . A personal union was created in that, according to the rules of succession to the throne of different monarchies, the throne fell to the same person or, in the case of elective monarchies, the respective electoral body elected the monarch of another state as head. It ended when the line of succession fell to two different people again.
Modern state formation since the 18th century relied on the standardization of this diversity. But even then there were still various personnel unions. The modern states affected by this had the same ruler, but were also governed by different laws and remained legally separate. The modern trend towards the unification of the state has, however, been combined with that of nationalism since the 19th century and in the course of the then prevailing nation state formation either the still existing personal unions disintegrated or they were consolidated into a real union. In the case of the latter, the connection does not only exist in the person of the head of state, but also in other joint institutions (state bodies and administrative bodies). The connection is therefore more intensive and more legally regulated, but without there being a legal subject overriding the connected states (as is the case with the federal state ).
The concept of personal union is alien to the concept of sovereignty in modern nation-states and democratic principles, which is why it - although theoretically conceivable - does not occur in the practice of republics. (Historical exceptions were the Anglo-Dutch personal union under William III of Orange from 1689 to 1702 or Simón Bolívar , who as President of Greater Colombia from 1824 to 1827 was also ruler of Peru and in 1825 also of Bolivia , the Dutch-Indonesian Union from 1949 until 1954 and the planned Franco-British Union under the British Crown in 1940 and 1956. )
Examples of personnel unions of states :
- Personal union between the Holy Roman Empire and the Kingdom of Sicily from 1194 to 1197 and 1212 to 1254.
- Personal union between the kingdoms of Hungary and Croatia from 1102 to 1918 (see Croatia in union with Hungary ).
- Personal union between Norway and Sweden (1319–1355) under Magnus II.
- Personal union between Hungary and Poland (1370-1382) under Anjou Ludwig I.
- Polish-Lithuanian personal union from 1386 (from 1569 strengthened to a real union through the formation of the Polish-Lithuanian aristocratic republic ).
- Kalmar Union between Denmark , Norway and Sweden (1389–1521).
- Personal union between Hungary and the Electorate of Brandenburg (1411–1415) and between Hungary and Bohemia (1419–1437) under the Roman-German Emperor Sigismund
- Personal union between Hungary and Poland (1440–1444) under Władysław III.
- Personal union between Hungary and Bohemia (1490–1526) under the Jagiellonian Vladislav II and King Ludwig II.
- Personal union between Spain and the Holy Roman Empire under Charles V , 1519–1556.
- Personal union between Spain and Portugal (1580–1640).
- Personal union between Sweden and Poland-Lithuania (1594–1599) under Sigismund III. Wasa .
- Personal union between England and Scotland from 1603 to 1707 (afterwards the Kingdom of Great Britain became a Real Union by Act of Union 1707 ).
- Similar personal union between England (or from 1707 Great Britain) and Ireland since the Middle Ages , last militarily enforced around 1690 and around 1740 up to the Act of Union 1800 .
- Personal union between Great Britain and Hanover from George I to Wilhelm IV (1714–1837). The personal union was dissolved in 1837 through different succession arrangements in Hanover and Great Britain (female succession to the throne or not).
- Personal union of the Electorate of Brandenburg and the Duchy of Prussia in 1618 to Brandenburg-Prussia , the duchy, however, remained a fiefdom of the Polish crown until 1657/1660 .
- Personal union between Saxony and Upper and Lower Lusatia from 1635 to 1813. Both margraviates were transferred to the Saxon electors in 1635 as a hereditary fief of the Bohemian crown. (See Erbländischer Taler / Coin History and Traditional Recess .)
- Saxony-Poland under August the Strong and August III. 1697–1763 (since Poland was an elective monarchy , there was a personal union with other countries several times).
- The kings Karl XI. and XII. of Sweden were also dukes of Pfalz-Zweibrücken (1681-1718).
- Personal union between Prussia and the Principality of Neuchâtel , 1707–1857; at the same time the only canton in Switzerland that was not a republic.
- The kings of Denmark were also dukes of Schleswig and Holstein from 1773 to 1864 and the ruling counts of Oldenburg from 1667 to 1773 .
- The Russian tsars ruled the Jever rule from 1793 to 1807 .
- Friedrich August I was King of Saxony and Duke of Warsaw (a satellite state of Napoleon ) from 1807 to 1815 .
- From 1802 to 1814 Napoleon was also First Consul of the French Republic (until 1804), Emperor of the French and President of the Italian Republic (until 1805) and King of Italy . In addition, Napoleon was protector of the Rhine Confederation from 1806 to 1813 and regent of the Grand Duchy of Berg from 1809 to 1813 .
- The Tsar of Russia was also King of Congress Poland from 1815 until it was integrated directly into the Tsarist Empire in 1831/32 (Organic Statute).
- Personal union between the Netherlands and Luxembourg (1815–1890).
- Personal union between Prussia and the Duchy of Saxony-Lauenburg (1864–1876)
The only personal union between states that still exists today is that between the 16 Commonwealth Realms : United Kingdom of Great Britain and Northern Ireland , Antigua and Barbuda , Australia , Bahamas , Barbados , Belize , Grenada , Jamaica , Canada , New Zealand , Papua New Guinea , Solomon Islands , St. Kitts and Nevis , St. Lucia , St. Vincent and the Grenadines, and Tuvalu . The King or Queen of the United Kingdom of Great Britain and Northern Ireland and the 15 other Commonwealth Realms is also head of the Commonwealth of Nations , although most of the 53 member states have their own heads of state and many are even republics. In fact, however, the king or queen is no longer head of state in those Commonwealth countries that are still formally monarchies; his / her protocol tasks are performed by the respective governor general .
Association of Offices
A personal union can also be the union of offices or management functions in one hand or in one person. Personnel unions in the sense of this definition were and are therefore also the union of the offices of party and state heads or of party and government heads. The former occurred, for example, in authoritarian Eastern Bloc states or Middle Eastern states with one-party systems, the latter also in western democracies, whereas the head of state in western democracies is often constitutionally obliged to suspend his party membership. For example, for almost the entire (first) 70 years of the Federal Republic's existence, the office of Federal Chancellor and party leader of the (largest) ruling party was united in one person, only from May 1974 to October 1982 and from September 1998 to March 1999 and not since December 2018 not anymore. The unity of office and mandate is also widespread, for example when a minister as a representative of the executive also retains a mandate as a member of the legislature. This is countered by the political concept of a separation of office and mandate .
More examples :
- The Spanish head of government Leopoldo O'Donnell was 1858–1863 at the same time minister of war and also minister of colonialism (overseas minister); his government led several overseas wars to restore the Spanish colonial empire
- The Federal Chancellor of the North German Confederation (1867–71) and the Imperial Chancellor of the German Empire (1871–1918) also held the office of Prussian Prime Minister (with a few exceptions in 1873 and 1892–94) .
- The Grand Duke Friedrich Franz IV of Mecklenburg-Schwerin was also administrator of the Grand Duchy of Mecklenburg-Strelitz from February to November 1918
- The French Prime Minister Raymond Poincaré was Foreign Minister 1912–1913 and 1922–1924, as was the German Chancellor Konrad Adenauer 1949–1955
- After a coup in 1921, the Persian army chief Reza Pahlavi took over not only the war ministry but also the finance ministry necessary for the financing of his army, before he himself became prime minister in 1924 and a shah in 1925.
- The Iraqi general Abd al-Karim Qasim was not only prime minister from 1958 to 1963, but also defense minister and chairman of the Revolutionary Command Council , which also determined the collective head of state .
- A minister (“ super minister ”) heads several ministries: The Governing Mayor of Berlin has also been the Senator for Culture since 1996; In the 1970s, the (separate) Federal German Ministries for Telecommunications and Transport were headed several times by a common minister.
- Since the 1960s, the state broadcasting commission has been chaired by the Prime Minister of Rhineland-Palatinate. The Prime Minister of Rhineland-Palatinate is also chairman of the ZDF administrative board .
- According to Roman Catholic church law, two particular churches can be headed by a common professor , see Personal Union (CIC) .
A broader definition sees a personal union generally as a combination of “occupations, tasks, responsibilities and services in one person”. According to the Marxist-Leninist theory of state monopoly capitalism , “personal interdependencies between executives of the financial oligarchy and heads of the state” can also be personal unions when “leading monopolists or their representatives occupy important state positions and vice versa”, which is a special form of lobbyism . For example, the Romanian Prime Minister Vintilă Brătianu was also Minister of Finance from 1927 to 1928, while his family was the main shareholder of the Romanian National Bank , which the Ministry of Finance was responsible for monitoring.
More examples :
- In small and medium-sized companies that have chosen the stock corporation as their legal form, there is often a personal union between shareholders, board of directors and management.
- Supervisory boards of a company can also be members of the supervisory board of other companies.
- Rex Rexheuser (ed.): The personal unions of Saxony-Poland 1697–1763 and Hanover-England 1714–1837. A comparison (= German Historical Institute Warsaw. Sources and Studies; 18). Harrassowitz, Wiesbaden 2005, ISBN 3-447-05168-X . ( Review )
- Torsten Riotte : Transfer through personal union: Great Britain-Hanover 1714–1837 . In: European History Online , ed. from the Leibniz Institute for European History , 2012.
- Karl-Michael Reineck: Allgemeine Staatslehre und Deutsches Staatsrecht. 15th edition, 2007, para. 62 (p. 58)
- Burkhard Schöbener, Matthias Knauff: Allgemeine Staatslehre. 2nd edition, CH Beck, Munich 2013, § 6, Rn. 45 (p. 269)
- Burkhard Schöbener, Matthias Knauff: General Theory of the State. 2nd edition, CH Beck, Munich 2013, § 6, Rn. 47 (p. 270)
- Burkhard Schöbener, Matthias Knauff: Allgemeine Staatslehre. 2nd edition, CH Beck, Munich 2013, § 6, Rn. 46 (p. 269)
- Ralph Spiering, Nikolaus Albrecht: Politics at a Glance , page 313. Book and Time, Cologne 1990
- Karl-Dieter Bünting: German Dictionary , Serite 860. Isis-Verlag, Chur / Switzerland 1996
- Meyers Handlexikon, Volume 2, page 210. Bibliographisches Institut Leipzig 1977