Regional Governance & Devolution in Europe PDF

EUROPE I. REGIONAL GOVERNANCE AND DEVOLUTION Regional governance and devolution – the transfer of powers from central government to regional authorities. Regional governance in Europe – a complex system influenced by historical, political, socio-economic factors. The continent (Europe) – characteriz...

EUROPE I. REGIONAL GOVERNANCE AND DEVOLUTION Regional governance and devolution – the transfer of powers from central government to regional authorities. Regional governance in Europe – a complex system influenced by historical, political, socio-economic factors. The continent (Europe) – characterized by diversity, governance structures varying from one to another. KEY ELEMENTS OF REGIONAL GOVERNANCE IN EUROPE: 1) Decentralization and Subsidiarity:  Decentralization – the process where central government's delegate power to regional/local governments.  Subsidiarity – core principle in EU governance, decisions made as close to citizens as possible – EU only intervenes when action is insufficient. 2) European Union's Role:  EU’s Multi-Level Governance – decisions are made at EU, national, regional, and local levels, considered regional voices through Committee of the Regions – represents regional & local authorities in EU decision-making process.  Cohesion Policy – aims to reduce disparities between regions, provides funding to European Structural and Investment Funds (ESIF) – to promote development in less prosperous regions 3) Types of Regional Governance Structures: 1. Federal Systems: Germany & Austria – regions (Länder) have constitutionally guaranteed powers in education, police, local infrastructure. 2. Autonomous Regions: Spain, Italy, & United Kingdom – regions have varying degrees of autonomy, often have their own parliaments and governments. 3. Unitary Systems with Devolution: France and Poland – have traditionally unitary systems, but devolved certain powers to regional/local governments. 4) Cross-Border Cooperation: Through initiatives – EU Interreg programs – programs that support joint projects across borders, fostering collaboration in infrastructure, environmental protection, and social development. 5) Challenges and Trends Nationalism vs. Regionalism: Catalonia & Scotland – strong regional identities led to movements for greater autonomy or independence. Balancing Centralization and Decentralization: Countries constantly adjust the balance between central control and regional autonomy. II. CASE STUDIES: SCOTLAND, CATALONIA, BAVARIA Case studies – illustrate the evolving dynamics of regional governance in Europe 1) Scotland (United Kingdom) Devolution Framework: high level of devolution under UK’s governance framework  Scotland Act 1998 – established the Scottish Parliament & Scottish Executive (now Scottish Government), giving Scotland control over education, health, and justice Powers and Governance: own legal system, educational system, National Health Service (NHS)  Scottish Parliament – has powers over domestic issues (matters like foreign policy, defense, and immigration remain with UK government) Political Tensions and Independence Movement:  Scottish National Party (SNP) – has pushed for increased autonomy, culminating in 2014 independence referendum where 45% of voters – supported independence.  Wake of Brexit – intensified the calls for second referendum (tension between devolved governance and full independence desires) Fiscal Devolution: increasing control over taxation, including income tax and property taxes – deepening of devolution, allowing Scotland to align fiscal policies with local priorities. 2) Catalonia (Spain) Autonomous Region Status:  Catalonia – one of Spain’s 17 autonomous communities, governed by Statute of Autonomy of Catalonia – statute that grants significant powers like control over education, healthcare, culture, and internal infrastructure) Catalan Government: own parliament, president, executive government, & distinct cultural identity  Mossos d'Esquadra – own police force ---- Catalan – unique language, which is co-official with Spanish Independence Movement and Political Conflict:  Catalonia – has long-standing push for independence, intensifying after 2017 independence referendum – declared illegal by Spain’s central government – led clashes between Catalan pro-independence leaders and Spanish state (limits of devolution) Economic Autonomy: Some control over fiscal matters (demands for greater financial autonomy full independence)  economic contribution to Spain – a major point of contention of catalonia  Catalan leaders – argue that region pays more to the Spanish government than it receives in return. 3) Bavaria (Germany) Federal Structure:  Germany – is a federal republic where states (Länder) like Bavaria have constitutionally guaranteed powers  Bavaria – is one of 16 federal states, enjoying significant autonomy within Germany’s governance structure. Distinct Governance Powers: – own constitution, parliament, and government, exercises control over key policy areas: education, culture, law enforcement, and regional infrastructure.  Bavaria – also enjoys fiscal autonomy, with some ability to influence tax collection and spending. Cultural Identity and Regionalism: – strong cultural identity, characterized by its own traditions, dialect, and religious heritage.  Bavaria – not pushing for independence, there is robust sense of regional pride and political conservatism, often expressed through Christian Social Union (CSU) – advocates for Bavarian interests at the national level. Fiscal Responsibility and Relations with Berlin:  Bavaria – one of Germany’s wealthiest states and net contributor to country’s fiscal equalization system.  There has been some discontent in Bavaria – regarding redistribution of wealth to poorer states. COMPARATIVE INSIGHTS Degree of Autonomy:  Scotland & Catalonia – both operate under devolved systems within unitary states. – Both operate within frameworks subject to change by central governments  Bavaria’s autonomy – is rooted in Germany’s federal system. – Enjoys constitutional guarantees of its powers Political Movements:  Scotland & Catalonia – have experienced strong independence movements, with political parties like SNP and Catalan nationalist parties pushing for secession.  Bavaria – is content with its autonomy within federal system, although regional identity remains strong. Economic Factors:  Catalonia & Bavaria – both are economically significant regions in their respective countries, contributing more to the central government than they receive. This has – Catalonia – driven demands for greater fiscal autonomy or independence. – Bavaria – expressed through demands for more favorable fiscal arrangements within the federal system. III. THE IMPACT OF DEVOLUTION ON NATIONAL GOVERNANCE Devolution – the transfer of powers from a central government to regional or local governments 1) Distribution of Political Power Decentralization of Decision-Making: – shifts decision-making authority from national to regional governments, empowering local leaders to address region- specific needs and issues, lead to more tailored policies, regions better reflect the conditions of their populations Strengthening of Regional Political Institutions: – establish their own parliaments & governments (Scotland, Wales, Northern Ireland, autonomous regions in Spain), enhance political representation at the regional level, craft policies directly affecting their communities. 2) Challenges to National Unity and Sovereignty Rise of Regional Nationalism: – fuel regional identities and some lead to demands for greater autonomy or independence – Evident in Catalonia, Scotland, and Quebec (Canada) – have driven independence movements. – Devolution – aims to balance autonomy with unity, but sometimes encourage secessionist aspirations. Potential for Asymmetry in Power Distribution: – varying levels of devolved power can lead to perceived or real imbalances – EX. Scotland & Wales – have devolved parliaments in UK, while England – does not have a comparable regional government = creating an asymmetry in governance that can strain national cohesion. 3) Impact on National Policy Coordination Complexity in Policy Harmonization: – policy divergence between regions and the central government, areas like education, health, and welfare – can allow for more region-specific solutions, can also complicate national policy coordination – EX. In UK, differences in COVID-19 response policies across devolved nations – highlighted the challenges of managing national crises with regional governance frameworks. Competition and Cooperation Between Levels of Government: – multi-tiered governance system where regions and central government must cooperate on certain issues – can also lead to competition over resources and policy priorities. – Successful devolution – depends on clear mechanisms for intergovernmental relations and conflict resolution. 4) Fiscal Implications Control Over Regional Budgets – transferring fiscal powers to regional governments to control spending in healthcare, education, and infrastructure – can also create tensions regarding the distribution of national resources – Regions with strong economies (Catalonia and Bavaria) – demand more fiscal autonomy, arguing that they contribute disproportionately to national revenues.  Fiscal Imbalance: – some benefit from devolved fiscal powers, others struggle to raise enough revenue to cover their needs = lead to fiscal imbalances – requiring ongoing support from the national government through equalization payments or grants – Managing these imbalances is crucial to maintaining national unity and avoiding perceptions of inequality 5) Administrative and Bureaucratic Efficiency Improved Responsiveness and Accountability: – One of the main advantages of devolution – is that regional governments can be more responsive to local needs and more accountable to their constituents – allows for quicker & more flexible administrative responses Increased Bureaucratic Complexity: – overlapping responsibilities between regional and national governments = leading to bureaucratic inefficiencies – Unclear lines of authority result in efforts duplication, delays policy implementation, legal disputes over jurisdiction. 6) Strengthening Democratic Participation Enhancement of Local Democracy: – By bringing governance closer to the people, devolution can strengthen democratic participation at the regional level. – Citizens in devolved regions – have more opportunities to engage with representatives & influence policies Potential Disparities in Political Engagement: – devolution increases participation in regional politics, but can also lead to disparities in political engagement across the country – Citizens in areas of strong regional governance – feel more empowered & politically active. – While those in less autonomous regions – feel disconnected from decision-making processes. 7) Impact on National Identity and Multiculturalism Reinforcement of Regional Identities: – stronger regional identities by giving regions control over cultural, educational, and linguistic policies – EX. Scotland – has promoted its distinct national identity through education and cultural preservation, while Catalonia – has emphasized the use of Catalan language and cultural heritage. National Identity Challenges: – challenge the concept of a unified national identity – Tensions – arise when regions prioritize their distinct identities over national unity IV. REGIONAL POLITICAL MOVEMENTS AND THEIR INFLUENCE ON NATIONAL POLITICS Regional political movements – often driven by local identities, economic disparities, or demands for greater autonomy, advocate for more political power, cultural recognition, and economic control for specific regions 1) Decentralization and Demands for Autonomy – Regional political movements typically emerge from desire for greater autonomy or self-governance, take various forms, from demands for regional parliaments to complete independence. FOCUS OF THESE MOVEMENTS: 1. Political Autonomy: Seeking control over local governance to ensure policies reflect regional interests. 2. Cultural Recognition: Advocating for preservation and promotion of regional languages, traditions, and identities. 3. Economic Control: Regions desire control over local resources and finances, arguing central governments mismanage or exploit them. 2) Influence on National Politics Policy Shifts: Push national governments to decentralize and grant more autonomy – EX. devolution in UK, creation of Scottish Parliament and Welsh Assembly – direct result of regional movements seeking more control over local governance. Coalition Politics: Countries with proportional representation systems, regional parties play critical role in national coalition governments – (EX. In Spain, regional parties like Basque Nationalist Party (PNV) & Catalan parties have crucial supporting or opposing central governments, using leverage to extract concessions for regions) Constitutional Reforms: Influence constitutional changes, pushing for the formal recognition of regional identities and powers (EX. In Italy, the Constitutional Reform of 2001 – increased the autonomy of Italian regions in response to pressure from regionalist parties like Northern League (now known as the League) 3) Impact on National Unity Tensions Over Independence Movements: those with strong nationalist tendencies advocate for independence from the central state. (EX. Scottish National Party (SNP) in Scotland and pro-independence parties in Catalonia – challenge national unity, sparking debates over sovereignty, self-determination, and the future of the state.) 2014 independence referendum in Scotland – unsuccessful but continues to influence UK politics. The SNP's ongoing push for a second referendum after Brexit has kept the issue of Scottish independence 2017 independence referendum in Catalonia– declared illegal by Spanish government, led to major constitutional crisis (Catalan movement continues to exert pressure on Spanish politics) Secession Threats: instability within state, governments must balance regional demands with maintaining national cohesion. The threat of secession – has far-reaching implications for national policies on identity, resource distribution, and international diplomacy. 4) Reshaping National Political Parties and Elections Rise of Regional Parties: These parties can dominate politics in their regions and exert considerable influence at national level, especially in countries with coalition governments or proportional representation systems. India: The rise of regional parties in states like Tamil Nadu and West Bengal – dramatically reshaped Indian politics. National parties – Indian National Congress and Bharatiya Janata Party (BJP) must negotiate with powerful regional parties to form national coalitions. Spain: In Spain, regional parties like Esquerra Republicana de Catalunya (ERC) and Basque Nationalist Party (PNV) have been crucial players in national politics, influencing government formation and national policy decisions. Impact on National Elections: fragment national elections, making harder for central parties to secure a majority. – often leads to more fragmented parliaments and weaker governments (rely on regional parties for support) – typically leverage their influence to secure more concessions for their regions, such as greater autonomy, increased funding, or favorable policies. 5) Shaping National Economic and Social Policies Economic Policies: economic disparities and push for policies favor regional development = advocate for greater control over local taxation, natural resources, and infrastructure projects. Bavaria (Germany – assert considerable influence over national fiscal policies, especially through Christian Social Union (CSU) – a regional party that has been part of the national government. Social and Cultural Policies: demand the right to manage their own cultural and social policies – EX. movements in regions like Quebec, Flanders, and Scotland – have led to distinct regional policies on language, education, and social welfare Quebec (Canada): The Quebecois movement – has influenced Canadian social policies, protection and promotion of French language and culture – led to unique political culture in Quebec, distinct from other Canadian provinces. 6) Federalism and Constitutional Changes Federal Structures: – restructuring state into federal system (regions have constitutionally guaranteed powers) = significant demand in countries like Spain and UK (existing unitary systems challenged by strong regional movements) Constitutional Reforms: – push for devolution and federalism has often led to major constitutional reforms – EX. In Spain, the 1978 Constitution – granted extensive autonomy to regions: Catalonia, the Basque Country, and Galicia – Similarly, India's constitution – amended multiple times to accommodate regional demands for more autonomy. 7) International Implications Regional Movements and International Diplomacy: – Some regional movements engage in international diplomacy to gain support for their causes – EX. Catalonia – sought international recognition for independence movement, despite opposition Spanish government. Impact on EU Politics: – support the European Union (EU) as they seek greater recognition and autonomy – EU's principle of subsidiarity – has been seen as supportive of regionalism – EU remains cautious about secessionist movements, as they challenge the stability of member states. V. EUROPEAN LEGAL SYSTEMS AND JUDICIAL GOVERNANCE European legal systems – diverse and influenced by long history of legal traditions and philosophical thought Civil law and Common law – two main legal traditions Customary law and Religious law – elements that by some countries their legal systems European Union (EU) – adds a layer of supranational law that impacts member states. 1) Civil Law System Civil law tradition – most widespread legal system based on codified statutes & laws rather than case law or judicial precedent. A. KEY CHARACTERISTICS OF CIVIL LAW SYSTEM: a) Codification: comprehensive legal codes – provide a systematic and structured set of legal rules, cover areas of law, such as civil, criminal, and commercial law. b) Inquisitorial System: In civil law courts, judges play an active role in investigating cases and gathering evidence, especially in criminal trials. c) Precedent: Judicial decisions in civil law countries are not considered binding in the same way as in common law systems. Courts may refer to past decisions, but statutes and codes are the primary sources of law. d) Legal Scholars: Legal academics and scholars play a more significant role in the interpretation and development of law, compared to the common law system, where judges have more authority. B. EXAMPLES OF COUNTRIES WITH CIVIL LAW SYSTEMS:  France: Napoleonic Code of 1804 – one of the most influential civil codes, forming basis for many civil law systems  Germany: German Civil Code – detailed and complex, providing precise rules for different areas of law.  Italy, Spain, Portugal – follow civil law traditions, influenced by Roman law and the Napoleonic Code. 2) Common Law System (mainly found in United Kingdom) Common law system – based on judicial decisions and precedents rather than codified laws. It is. A. KEY CHARACTERISTICS: a) Precedent (Stare Decisis): past judicial decisions (case law) are binding on future cases (system of precedent) – Judges interpret and apply the law based on earlier rulings. b) Adversarial System: In common law courts, the process is adversarial – meaning the parties (prosecution and defense) present case before an impartial judge or jury – judge's role is more of an arbiter rather than an investigator. c) Uncodified Law: common law systems often rely on uncodified laws, and statutes are interpreted by courts within the framework of case law. d) Judicial Independence: significant authority of Judges to interpret laws and develop legal principles through their rulings. B. EXAMPLES OF COUNTRIES WITH COMMON LAW SYSTEMS:  United Kingdom – origin of the common law system, has legal tradition based on judicial precedents and case law  Ireland – also follows the common law system, heavily influenced by the UK.  Cyprus – has elements of both common and civil law, legal system of Cyprus is largely based on English common law. 3) Mixed Legal Systems Mixed Legal System – incorporate both civil law and common law traditions, allow more flexible and hybrid approach to governance and legal interpretation. A. EXAMPLES OF MIXED LEGAL SYSTEMS:  Scotland: incorporates both common law and civil law traditions - Scots law blends Roman law and local traditions.  Malta: roots both civil and common law traditions due to historical influences from both British Empire & mainland Europe. 4) Customary Law Systems – (less prominent in modern Europe, but still exists in certain regions) Customary law – law based on long-standing customs and practices, may govern specific local matters and operate alongside the formal legal system. A. EXAMPLES: Some parts of Nordic countries (Finland and Sweden), customary law traditions influence certain legal practices, particularly in rural or indigenous communities like the Sámi people. 5) Religious Law Systems Religious law – plays very limited role in European legal systems because most maintain secular legal frameworks (Religious courts – have jurisdiction over family or personal matters especially for religious minorities) A. EXAMPLES:  Sharia Law: Muslim populations, such as parts of Cyprus and Greece, certain family law matters adjudicated in religious courts under Sharia law, though quite limited in scope.  Jewish Law: In the UK, Beth Din courts – resolve certain religious disputes for the Jewish community, particularly regarding family matters like marriage and divorce. 6) Supranational Legal Systems: The European Union (EU) EU law – own body of law of EU - operates above national legal systems of member states, aims to harmonize laws across Europe to facilitate cooperation and integration, affects areas: trade, competition, environmental regulations, human rights. A. Key Characteristics of EU Law: 1) Supremacy – takes precedence over conflicting national laws 2) Direct Effect – directly applicable in all member states (such as regulations) 3) Court of Justice of the European Union (CJEU) – interprets EU law and ensures its uniform application (National courts – can refer cases to CJEU for clarification on EU law) B. Types of EU Law: 1) Regulations – directly applicable in all EU member states without the need for national legislation 2) Directives – require member states to achieve certain legal outcomes but allow them to choose how 3) Decisions –binding on those to whom they are addressed (EX: individual countries, companies) 7) Human Rights and the European Court of Human Rights (ECHR) European Court of Human Rights (based on European Convention on Human Rights) – has jurisdiction over human rights issues in the member states of the Council of Europe – separate from the EU but plays significant role in protecting civil liberties across Europe A. Key Functions:  Individuals can bring cases to ECHR their human rights have been violated by their government.  The Court’s rulings are binding on the countries involved, and must adjust their laws or practices.