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Fourth and Fifth Class Self - Rule
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Concepts of Distribution of
Fourth Class: Concepts of Distribution of Powers
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Basic Elements of Federalism
Constitution Shared Rule Self Rule
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Main Questions: Purpose of Distribution Who decides? Criteria‘s What is distributed Technique of Distribution Distribution to - Whom? - What entities? - Border- lines? Asymmetric Distribution
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Who decides Constitution maker Federal Legislature Both Court (US, EU) Common Law: Family Law, Property Law, Contract, Criminal Law, Procedure, commercial law etc.
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Purpose of Distribution
and Criteria’s Purpose Criteria’s Principles Legitimacy Efficiency Subsidiary Principle Diversity Financial Capacity Democracy Need for Coordination Commerce Clause Justice Necessary and Proper Clause Need for a uniform solution Interest of the task limited to the region Closeness to local population
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Fifth Class: What powers are Distributed?
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What is distributed Branches of Government Financial Competences Governmental Tasks Constitution Making Foreign Policy Incl. Defence Income: Taxes, Grants, Bonds, Loans Legislation Individual / col- lective rights Execution Police Mineral Resource, Water etc. Public Services Judiciary Education, Cul- ture Common Law, Codi- fication Health, Environment Expenditures Economy and Development Spending Power Opting out local deviation Social Secu- ity Financial Equalisation Civil Law Common Law
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Techniques of Distribution Concept Technique Bottom up Exclusive Parallel Top Down Concurrent Parallel Distribution General Clauses Supremacy Detailed Regulations
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