Federalism, regionalism and devolution *** Prof. Justin O. Frosini

How can one distinguish between a UNITARY system and a DECENTRALIZED system? In Sub-national entities also have legislative power UNITARY Only central government has legislative power

Federalism, regionalism and devolution are all forms of territorial organization Vertical separation of powers between central government (central State, federation) and subnational entities (States, regions, provinces, Laender, Comunidades Autónomas)

FEDERALIZING PROCESS Conventionally: BOTTOM-UP PROCESS E.g.:USA, Germany FEDERAL STATE

BUT… In recent years: TOP-DOWN PROCESS E.g.: Belgium UNITARY STATE FEDERAL STATE

What are the differences between FEDERAL SYSTEM Constitution contains a list of subject matters which are of exclusive competence of the central government The member States have their own judiciary system REGIONAL SYSTEM Constitution contains a list of subject matters which are of exclusive competence of Regions Regions do not have their own judiciary system

3.The second Chamber of Parliament does not represent sub-national entities 4. Regions do not take part in the constitutional amendment procedure 3. The second Chamber of Parliament is a “Chamber of the Regions” 4.Member States take part in the constitutional amendment procedure

One last difference could be In federal systems : member States have their own Constitutions (e.g.: Constitution of Virginia, Constitution of Bavaria) BUT this is true only for systems whose federalizing process is a bottom-up process (e.g: USA, Germany)

The problem of fiscal autonomy NO TRUE FEDERALISM WITHOUT TAX RAISING POWERS?

DEVOLUTION OF POWERS Delegation of powers Scotland Act 1998 Government of Wales Act 1998 Northern Ireland Act 1998

LEGISLATIVE ACTS TO BE REMEMBERED Scotland Act 1998 Residual legislative power is attributed to the Scottish Parliament on the lines of a federal system Government of Wales Act 1998 Only administrative powers are devolved to the Welsh Assembly

Asymmetrical devolution in the UK Functional or competencial asymmetry: Scottish Parliament exerts legislative powers while the Welsh Assembly only exerts administrative or executive powers

(United Kingdom Parliament) Structural Asymmetry WESTMINSTER (United Kingdom Parliament) Scottish Parliament Welsh Assembly Northern Ireland Parliament English Parliament? LOCAL AUTHORITIES