MULTILEVEL GOVERNANCE

SEM 1, 2015/2016PSCI 2210

SECTION 1 & 2

Relationship across levels, between national, regional and local officials in a given sector .

Several tiers of government share the tasks of making regulations and forming policy.

The term is commonly used in European Union - supranational tier to the regional, local and national levels.

It also inform that each tier holds important resources in decision-making process such as information, political power and expertise.

What is it ?

Shares sovereignty between governments in a single state.

Deliberate creation – the presence of formal political agreement ( constitutional device) that establishes both governments spheres of authority.

Neither tier (federal and state) can abolish one another

FEDERALISM

1. Federal constitution allocates specific functions to each tier.

For instance in Canada the federal level authority – 29 functions include criminal law, currency and defense. Germany – Defense, citizenship and immigration.

State function – Canada – all matters of merely local and private in nature.

Germany – Lander (states) have power to implement federal laws in their own rights.

TRAITS :

Residual powers – lies with state, not necessarily the centre. Example in Canada – national parliament can make laws for peace order and good government in Canada.

Germany – Remains in Lander for any tasks that are not allocated otherwise

Concurrent jurisdiction- Shared between two levels. Canada – agriculture and immigration ;

Germany – Criminal law and employment , agriculture.

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When some states within a federation are given more autonomy than others.

Example : Canada , when Canada is viewed as compact between 2 communities ( English and French speaking ) rather than a contract between 10 equal provinces.

Asymmetric federalism ?

2. Large countries – common in large countries measured by area or population. Example : Australia, Brazil, Canada and United States, India and Germany.

In India, 10 out of 25 provinces have more than 40million people.

Two routes to federalism : A) Coming together : create new central

authority B) Holding together : transfer sovereignty from

existing national government to lower levels.

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1) Divided society ? Promote stability – alternative to disintegration.

Example : Belgium. The country has three main categories of population: Dutch speaking Flanders, French speaking Wallonia and French speaking in the capital city.

Switzerland – Federalism also bridge ethnic diversity in the state – 23 cantons with two and half languages (Germany, French and Italian) and 2 religions ( Catholic and Protestant).

ISSUES IN FEDERALISM

A) DUAL FEDERALISM National and state government operate

independently , each tier acting autonomously in its own sphere and link through constitutional compact.

Federal governments in charge of laying and collecting taxes, pay debts and provide the common defence and welfare of the United States.

But after 9/11 – pivotal and task for state and federal to collaborate.

DUAL AND CO-OPERATIVE FEDERALISM

B) CO-OPERATIVE FEDERALISM Germany and Austria Co-operation between federal and lower levels

of government. Solidarity between governments – shared

commitment to a united society , binding the participants together.

Principle of subsidiarity: No task should be performed by a larger and more complex organisation if that task can be executed as well by smaller and simpler body.

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German federalism is based on interdependence not independence. The states (Lander) must contribute to the success of the federation (whole) and centre must respect the states.

Who makes policy ? Centre but Lander implement them yet, it shall

execute federal laws as matters of their own concern States are implementing agent. The two levels of government also engage in joint

tasks in a number of policy areas. Lander also have primary jurisdiction in education, environment, media, cultural affairs and law enforcement.

Example : German Federalism

1. Legislative gridlock. For the critics- the biggest problem with

German federalism is that levels of government are so intertwined that they often block each other, making any reform exceedingly hard.

One problem is that when the government of Landers vetoed 60% of federal legislation through their representation in the Bundesrat. This because ruling parties lack majority in Lander based Bundesrat.

ISSUES / PROBLEMS

This because, the members (69 of them) are appointed by Lander (state) governments, thus they have to vote according to Landers’ instructions (One lander can have between 3-6 delegates each).

For instance, States with -More than 2 million - 4 delegates

- Six million - 5 - More than 7 million - 6

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Hence, Bundesrat is viewed as the representative of state governments.

It also have the power of suspensive veto ( Bundestag can override)

Bundesrat is also powerful as – on matters affecting Lander, it can wield absolute veto.

In 2006- Constitutional reform – States have more autonomy in environmental and educational sphere . However, the bills requiring the Bundesrat to approve have been reduced from 60% to 40%.

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2. Basic law commits federal government to maintain equivalent living standards – Federal transfers and revenue sharing. But donor states argue horizontal transfers penalize them for efficient administration by giving their citizens’ money to poorer and spendthrift states.

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National government can abolish the lower tier of governments. Sub-national and national may make policy but they do it by leave of the centre.

Usually one chamber because there is no need to represent the second house.

Countries are small Countries in Eastern Europe chose unitary state

– to leave old Soviet Union federalism . Usually exists in monarchy and emperor’s

state : Britain, France and Japan

UNITARY STATES

1) Deconcentration: Administrative matter, movement of central government employees away from the capital. Eg. Functions such as driving licenses and passports were not administered in the local government. 90 % of US federal civilian employees work away from Washington, DC.

 Central distribute its decision-making authority and financial as well as management responsibilities to field agencies or sub-national governments.

The ways in which states distribute power away from the centre:

Sub-national independence is very limited – employees respond to central government directions and control. Staff accountability is upwards to central government that employs, hires and motivate them.

Basic step of decentralization – improve service delivery.

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2. Decentralization: Policy execution to sub national bodies such as local authorities. Scandinavian countries, welfare programmes are under the national government. Also occurs in federalism.

 When central government’s functions are executed by sub national authorities to achieve specific objectives.

It is divided into fiscal, political and administrative reforms between central and sub-national government.

Hence, functions such as health, education, may be decentralized to counties and communes – increasing authority to them.

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In Scandinavian countries – local governments have put into effect many welfare programmes agreed at the national levels. For example in Norway, the hospital health care is transferred state government, yet, the primary health care is within the local government.

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3) Devolution: centers grant decision-making autonomy to lower levels. UK when the devolved assemblies were introduced in Scotland and Wales in 1999.

Both responsibility and authority for decision-making resources as well as accountability to autonomous and legally constituted Lower level government.

Traits : a) LG are autonomous, independent and perceived as separate levels of government

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b) LG clearly recognizes the boundaries within which they exercise authority and perform public functions.

In the process, the “Devolved powers are decisions that Parliament controlled in the past, but are now taken by the separate bodies, e.g., the Scottish Parliament. This could include matters like education or health.

Reserved powers including, amongst others, UK defence and foreign policy remain with Parliament in Westminster”.

Ultimately Parliament (westminster) can still legislate on devolved matter but generally doesn't do so.

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Hence, in the case of Great Britain, despite it tendency to federalism – the new assemblies in Britain – Welsh, Scotland and Northern Ireland could be abolished by Westminster through normal legislation.

According to Powell “ Power is devolved is power retained”.

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The United Kingdom is made up of England, Wales, Scotland and Northern Ireland.

Devolution means the transfer of powers from the UK parliament in London to assemblies in Wales (1997), Cardiff and Northern Ireland (1998) in Belfast, and the Scottish Parliament (1997) in Edinburgh.

DEVOLUTION IN UNITARY STATESEXAMPLE : GREAT BRITAIN

Examples of devolution : 1) The Scottish parliament also has the

power to raise or lower the basic rate of income tax by 3p in the pound.

2) Scottish Parliament is given the power to abolish university tuition fees and prescription charges. These services are not free in other parts of England.

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