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European Centre for Research on Federalism, Tuebingen/Germany

Yearbook on Federalism 2006

Themen der Forschung [Research Issues]

Die Stellung der Gemeinden im Vergleich europäischer Bundesstaaten

Anna Gamper

pp. 66-82

Municipalities form the lowest tier in the three classical European federal states, namely Austria, Germany and Switzerland all of which ratified the European Charter of Local Self-Government. Legal comparison shows that the federal constitutions of all these states provide the right of local self-government, leaving it to the regional (Land or cantonal) legislation to adopt the more detailed rules on local government. The Austrian Federal Constitution, however, determines local government much more strongly than the German and, particularly, Swiss Federal Constitution. The municipal organisation has a more direct democratic basis in the Swiss case, but usually consists of a local assembly or directly elected local council and a collegiate executive body with a more or less powerful mayor at its top. Regularly, the municipalities are responsible for both autonomous and delegated tasks, being in the first case under the supervision of the regions or, to less extent, of the central unit, and having to obey their instructions in the second case. They do not partake in the distribution of powers and are not represented in the federal second chamber in the national parliament. However, there are several approaches to what is called a limping three-partner-system, particularly in the form of co-operative mechanisms and institutions. Although the regional level seems to dominate municipalities more directly and extensively than the respective central unit of these states, it does not follow that a federal system is particularly disadvantageous to municipalities. On the contrary, federalism generally fosters the principles of diversity and decentralisation. Moreover, the regions may prove to be efficient partners in certain fields of policy-making where alliances between them and the municipalities may represent their common interests more strongly. It is, however, too early to observe a full fledged three-tier-federalism where the central unit, regions and municipalities would enjoy equal status. Theoretically, federal systems have by some been conceived as certain forms of decentralised systems on a scale of decentralisation that does not substantially distinguish between federal systems and any other kinds of decentralised systems. This theory, however, is not suited for a more subtle analysis of the different manifestations of decentralisation, as it utterly denies the importance of statehood and historic identity of the regions as constituent units of federal states. Instead, a dualistic theory that conceives a federal state as a state consisting of states would not be an obstacle to further development of co-operation and à la carte-integration of municipalities where political issues affect all tiers of government.

Suggested citation for this article:
Gamper, Anna 2006: Die Stellung der Gemeinden im Vergleich europäischer Bundesstaaten, in: Europäisches Zentrum für Föderalismus-Forschung (ed.): Jahrbuch des Föderalismus 2006. Föderalismus, Subsidiarität und Regionen in Europa, Baden-Baden: Nomos Verlagsgesellschaft, p. 66-82.