The constitutional scheme of federalism
By: AUER, Andreas
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ArticlePublisher: Philadelphia, PA : Routledge, 2005Subject(s): Direito Comparado | Constitucionalismo | Área de Livre Comércio | Forma de EstadoJournal of European Public Policy 12, 3, p. 419 - 431 Abstract: Federalism consists of a specific combination of self-rule (autonomy), of limited rule (superposition) and of shared rule (participation), implying the coexistence of two independent levels of government acting simultaneously on the citizens. Federal constitutions regularly accomplish specific functions, like defining the constituent units, distributing powers between the latter and the central unit, and providing for a conflict resolution scheme. This contribution argues that the EU meets every one of these conditions for being considered, in legal terms, as a multinational federal type construction.
Federalism consists of a specific combination of self-rule (autonomy), of limited rule (superposition) and of shared rule (participation), implying the coexistence of two independent levels of government acting simultaneously on the citizens. Federal constitutions regularly accomplish specific functions, like defining the constituent units, distributing powers between the latter and the central unit, and providing for a conflict resolution scheme. This contribution argues that the EU meets every one of these conditions for being considered, in legal terms, as a multinational federal type construction.
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