Responsibilities, powers and competences of several institutions of a State obviously depend upon the political structure of the respective State. This elaboration describes three different States which in the broadest sense are based upon the same principle, but nevertheless arrive at different specifications.
Table of Contents
A. Introduction
B. General Explanations
C. Allocation and Determination of Responsibilities, Powers and Competence in the Federal Republic of Germany
I. The Federalistic Structure of the German Political System and its Characteristics
1. Cooperative Federalism
2. Political Integration
II. The Responsibilities, Powers and Competence of the Federation and the Federal States
1. Legislation of the Federation and the Federal States
a) Exclusive Legislation
b) Concurrent Legislation
aa) Art. 72 section 1 GG
bb) Art. 72 section 2 GG
cc) Art. 72 section 3 GG
2. Executive Authorities of the Federation and the Federal States
a) Executive Authorities on Federal Level
b) Executive Authorities on Federal State Level
3. Judicature
a) Judicature on the Federal Level
aa) Federal Courts
bb) The Federal Constitutional Court
b) Judicature on the Federal State Level
III. The Responsibilities, Powers and Competence of Municipal Authorities
1. Duties and Responsibilities of Municipal Authorities
a) Tasks within the Own Sphere of Influence
aa) Own Tasks of Municipalities
(1) Optional Tasks
(2) Compulsory Tasks
bb) Own Tasks of Rural Districts, Circuits and Cities which do not belong to a Rural District
b) Tasks within the Devolved Sphere of Influence
aa) Devolved Tasks of Municipalities
bb) Devolved Tasks of County Seats and Cities which do not belong to a Rural District
2. Forms of Administrative Action of Municipal Authorities
a) Acceptilation of Legal Norms
aa) Bylaws
bb) Ordinances
cc) Internal Administrative Legal Rules
b) Acceptilation of Administrative Acts
D. Allocation and Determination of Responsibilities, Powers and Competence in the Austrian Republic
I. The Political System of the Austrian Republic
II. The Responsibilities, Powers and Competence of the Federation
1. Legislation
2. Executive
3. Judiciary
III. The Responsibilities, Powers and Competence of the Federal States
1. Legislation
2. Executive
IV. The Responsibilities, Powers and Competence of the Districts
V. The Responsibilities, Powers and Competence of Municipal Authorities
1. Own Sphere of Influence
2. Devolved Sphere of Influence
E. Allocation and Determination of Responsibilities, Powers and Competence in Switzerland
I. Switzerland: A Nation of Will
II. Federalism in Switzerland
III. The Function of Municipalities in Switzerland
Objectives and Topics
This work aims to analyze and compare the allocation of responsibilities, powers, and competencies across three distinct European federal states: Germany, Austria, and Switzerland. By examining the constitutional frameworks and the practical distribution of legislative, executive, and judicial authority, the text provides a legal comparative perspective intended to support the implementation of general principles of local self-government.
- The theoretical principles of federalism and its organizational manifestations in sovereign states.
- The specific distribution of legislative and executive competencies between the Federation and sub-national units (states/cantons).
- The role and functioning of judicial institutions within federal systems.
- The administrative responsibilities of municipal authorities and the differentiation between "own" and "devolved" spheres of influence.
- Forms of administrative action, including bylaws, ordinances, and administrative acts at the local level.
Excerpt from the Book
1. Cooperative Federalism
The concept of Cooperative Federalism describes the case that original autonomous decisional unities work out certain tasks together. These tasks require a consistent and balanced cooperation of all levels and responsible bodies of the public administration. Coordination and concurrence of all participants (Federation, Federal States, and Municipalities) result in interconnection of these unities. Correspondingly, the already existing form of cooperation between Federation and Federal State and the Federal States among one another has been intensified even more.
Within this cooperation of the different governmental actors a network of intersecting competences and models of coordination and agreements, as well as formal and informal competences of co-determination, has emerged. This network is called political integration.
Chapter Summaries
A. Introduction: Briefly outlines the necessity of understanding the political structure of a state to determine the distribution of responsibilities and powers among its institutions.
B. General Explanations: Defines the principle of federalism as a constitutional division of sovereignty between at least two territorial levels.
C. Allocation and Determination of Responsibilities, Powers and Competence in the Federal Republic of Germany: Details the German federal system, focusing on the cooperation between the Federation and the Federal States, the hierarchy of legislation, the structure of the judiciary, and the specific duties of municipalities.
D. Allocation and Determination of Responsibilities, Powers and Competence in the Austrian Republic: Analyzes the Austrian federal structure, noting similarities to Germany while highlighting differences in judicial administration and the legislative powers of federal states.
E. Allocation and Determination of Responsibilities, Powers and Competence in Switzerland: Provides an overview of the Swiss political system, emphasizing the autonomy of the 26 cantons and the general competence of political municipalities in local matters.
Keywords
Federalism, Germany, Austria, Switzerland, Local Self-Government, Constitutional Law, Legislation, Executive Authority, Judiciary, Municipalities, Own Sphere of Influence, Devolved Sphere of Influence, Political Integration, Cooperative Federalism, Public Administration.
Frequently Asked Questions
What is the primary focus of this work?
This work examines how responsibilities, powers, and competencies are allocated among various institutional levels within federal states, specifically focusing on the German, Austrian, and Swiss political systems.
What are the central thematic areas?
The core themes include the principles of federalism, the distribution of legislative and executive powers between central governments and sub-national units, and the legal framework governing local self-government.
What is the overarching research goal?
The goal is to provide a comparative legal analysis of how these federal systems organize governmental tasks to support the implementation of local self-government principles, particularly in the context of the Russian Federation.
Which scientific methods are employed?
The work utilizes a comparative legal analysis, examining constitutional provisions, statutes (such as the German Grundgesetz), and relevant legal literature to categorize and contrast the administrative structures of the selected countries.
What is covered in the main section?
The main section details the political and administrative systems of Germany, Austria, and Switzerland. It covers the delegation of tasks, the distinction between local and state-level responsibilities, and the forms of administrative action available to municipal authorities.
How can the work be characterized by keywords?
The work is defined by terms such as Federalism, Constitutional Law, Municipalities, Legislative Competence, and Public Administration.
How does the author define the "own sphere of influence" for municipalities?
It refers to the tasks a municipality executes as part of its self-dependent administration, which are rooted in the constitutional guarantee of local self-administration and are generally subject only to a legality check by the state.
How does the Austrian judiciary differ from the German model?
Unlike Germany, where there are distinct federal and state court levels, the Austrian judiciary is entirely administered by the Federation, meaning all courts are considered federal courts.
- Arbeit zitieren
- Wolfgang Tiede (Autor:in), 2007, Allocation and Determination of Responsibilities, Powers and Competence in European Countries, München, GRIN Verlag, https://www.hausarbeiten.de/document/169721
