Seminar Edinburgh University

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SeminarEdinburgh University

• Swiss Federalism
• A Case of Decentralised Governance
• October 16, 2008
• Prof. Wolf Linder
• Institute of Political Science
• University of Bern
• wolf.linder_at_ipw.unibe.ch

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Some curiosities about Swiss Federalism

• Luxury of institutions One federation, 26
  Cantons, and about 2800 municipalities... for a 7
  million people
• One of the most decentralised countries in the
  world
• A central government that has no permanent
  competence to levy an income tax from its
  citizens
• A central government that controls for only about
  30 percent of total revenue and public
  expenditure
• The stubborn Swiss sub-national units can say
  no to a nuclear power plant or to EU-demands on
  fiscal reform.
• A country where, for amending the Constitution,
  inhabitants of a small canton have up to 35 times
  more voting power than those of the biggest
  canton of Zurich.
• In the following
• some explanations from a political science
  perspective

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Swiss history until 1848 No common State,
Cantons without common language, religion,
tradition or culture
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1830-1848 Bottom-up State building of the Swiss
Federation
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The fight for democracy and a federal State not
so peaceful

• 1815 After the French Revolution
  Reestablishment of authoritarian governments
  in the Cantons
• After 1830 Democratic move- ment in liberal
  cantons
• Riots in parts of Switzerland
• 1844 Aargau prohibits Catholic monasteries /
  Lucerne calls ultra- conservative Jesuit monks.
• 1845 Irregular troops from Aargau attack
  Lucerne twice

Assembly demanding more democracy in Uster 1830
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1845 Coalition of 7 Catholic-Conservative Cantons
Sonderbund as reaction to liberal movement
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The Sonderbund WarVictory of the Liberal
Cantons opens way for a national constitution

• 20 July 1847 The Tagsatzung decides that the
  Catholic-Conservative Alliance must be
  dissolved. The Catholic Cantons reject the
  decision.
• 4 November 1847 The Liberal majority decides to
  go to war. General Dufour declares that the enemy
  should be treated with humanity
• After 20 days, the Catholics are defeated at
  Gislikon near Lucerne
• 100 death and 500 wounded.

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The federal constitution of 1848 A compromise
between the protagonists and opponents of a
central government

• A Federal Constitution with a central government
  and a bi-cameral Parliament
• Cantons keep decisive influence on the affairs of
  the federation majority of the cantons decide on
  any new competency of the central government
• The Cantons keep their constitutions and most of
  their competencies
• Cantons and communes keep their own fiscal
  revenue and are therefore largely independent
  from central funds
• Non-centralization only a few competencies for
  the federal government
• A multicultural nation-state the diversity of
  culture, language and religion is guaranteed

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The structure of the Federal System today
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The Federal system and Swiss citizenship

• SYSTEM CITIZENSHIP
• 1 nation (3) federal
• ? ?
• 26 cantons (2) cantonal
• ? ?
• 2850 communes (1) communal

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The Central GovernmentExecutive The Federal
Council

• 7 members (Ministers)
• Elected by Federal Assembly for 4 years
• Rotating Presidency (each year)
• Speaks with one voice (principle of
  collegiality)
• Each member is head of one ministry

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National Parliament I The National CouncilThe
representation of the People

• 200 members (part-time)
• Seats distributed among cantons according to
  population
• Elections (every 4 years) since 1918 based
  on principle of proportionality
• Speaker Rotates every year among main parties

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Parliament IIThe Council of StateThe
representation of the Cantons

• 46 members (part-time)
• Two representatives per canton
• Elected every 4 years according to system
  determined by canton
• Equal weight and competencies as National
  Council

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Responsibilities of the Central Government

• Foreign policy
• Army
• Money
• Social security and assurances
• National infrastructure (roads, public transport,
  telecommunication, energy)
• Regulations civil and criminal law, trade,
  agriculture, economy, protection of environment,
  health, etc.
• Partially Universities, health, welfare, taxes

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The Cantons I

• Have power to organise themselves (have own
  constitutions)
• Have parliaments, governments and courts
• Implement their own but also most of federal
  laws
• Are financially strong (30 of tax revenue /
  spending)

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The Cantons IITheir main responsibilities

• 1. Own responsibilities
• Roads, part of public transport
• Hospitals, schools, universities
• Police, justice
• 2. Shared legislation with federation
• Trade, industry and labour regulation
• Utilisation of water power
• Higher education
• Taxes
• 3. Implementation of federal policies and
  responsibilities
• - Agriculture
• - Civil and criminal law
• - Social security, social insurances
• - Protection of environment

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The Communes I

• Have limited power to organize themselves
• Have government and parliament or citizens
  assembly (depending on size)
• Possess (judicially protected) autonomy
  regarding their own laws
• Are financially strong (30 of tax revenue /
  spending)

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The Communes IITheir political autonomy, their
rights

• 1. Constitutional right to exist, including to
  merge with other communes, which cannot be
  withdrawn from cantonal authorities
• 2. The freedom to choose, within the boundaries
  of cantonal legislation, their own political and
  administrative organisation, to elect the local
  authorities, and to nominate their own
  administrative staff without interference from
  other authorities
• 3. The right to impose taxes for their own needs
• 4. Freedom of action in maters that are not in
  the competence of the cantons or the federation

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The communes IIITheir responsibilities

• 1. Building and maintenance of local roads
• 2. In urban areas public transport systems
• 3. Gas, electricity and water supply, removal
  services
• 4. Local land use planning
• 5. Nomination of teachers/building of schools
• 6. Competencies for own taxes, budget
  responsibility
• 7. Public welfare (poor, old, distressed etc.)
• 8. Naturalisation of foreign people living in
  Switzerland

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The communes IVTheir authorities

• The executive A collegiate body of 5-9 persons,
  elected by the people, usually for a period of
  four years, with one member functioning as the
  president of the commune
• The legislative Larger cities parliament
  (assembly) of 30-60 membersSmall communes
  plenary assembly of the people
• Judiciary local peace judge, district courts
• Local politics
• Is characterised by political power-sharing (as
  on the cantonal and federal level)
• Proportional representation of all parties in the
  executive and all other institutions (parliament,
  courts)
• Cooperation and compromise as the dominant mode
  of decision-making

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The Communes VAdministration and local governance

• Switzerlands bigger cities count 200-300000
  inhabitants. Small communes count for less than
  2000 inhabitants but still perform many local
  services. How is this possible?
• 1. Institutionalised cooperation between
  communes common public works and services
• 2. Buying services from bigger communes and
  cities
• 3. Citizens Self-administration (milice work)
• Ordinary people take an office or work for the
  commune for several hours a week
• Elected or nominated, milice officials are only
  partly remunerated but bring in their
  professional knowledge for their administrative
  work
• Gives participants a chance of enhanced political
  participation
• 4. System of financial compensation rich
  communes partly finance poor communes

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The essential difference between federalism and
decentralisation The participation of
subnational units in the affairs of the central
government

• Realised in the Swiss case as follows
• - The Council of States is conceived as
  representation of the Cantons (and what
  empirical studies show)
• - Popular votes on amendments of the Constitution
  and important international treaties the
  double majority of the people and the Cantons
  is required
• - Cantonal initiatives proposals for legislation
  can be handed in to the national parliament
  by a Canton
• - Eight Cantons have the right to challenge new
  bills of the national parliament by a
  referendum
• - The Cantons participate in the
  pre-parliamentary process of national
  legislation

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Multi-level governance Shared responsibilities
in most fields
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Federalist governance relies on structures but
on political process and culture as well

• The political process
• Vertical power sharing (the Cantons using veto
  points). Example no to Berns projects of
  centralisation of police
• Federal authorities high respect for cantonal
  preferences and demands. Example public health
• The Federation highly depends on the Cantons for
  policy implementation. Example Environment and
  land use planning
• The political culture
• Solidarity (unlike US federalism). Example
  equalising financial transfers to poor regions
  and their industries (agriculture)
• Subsidiarity. Liberal scepticism against Big
  State and preference for local autonomy.
  Example the fiscal system
• Respect of difference Federal legislation leaves
  wide space for cantonal policies

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The effects of federal governance

• Federalism as a safeguard for cantonal autonomy
  and culture
• Political integration no major political
  problems between the linguistic groups of German
  (75), French (20), Italian or Romansch (5)
  speakers (but federalism alone would not have
  helped linguistic cleavages have been managed
  mainly through proportional representation of all
  groups)
• Efficiency of the public sector comparatively
  low taxes but high quality of public service
• New meanings of Federalism glocalisation

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Challenges

• Innovation? High veto power of the cantons, has
  even blocked the process of EU-integration of
  Switzerland
• Blocking federal decision-making by small
  minorities
• why one citizen from Uri can outweigh more than
  30 citizens from Zürich, and why this will never
  change
• Inefficiencies of federalism
• The case of a new railroad crossing the Alps two
  tunnels instead of one
• Cantonal and local autonomy
• Difference AND inequality
• Small Cantons Can they survive? Answers
• No, thus in the long run fusion of 26 cantons
  down to six
• Yes, for political reasons (people are willing to
  pay for it)
• The difference of political and economic reasoning

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Conclusions from the Swiss case

• For the Swiss, federalism means
• 1. Maintaining cultural difference and local
  political autonomy-- but successful bottom-up
  nation-building
• 2. Civic culture non-centralisation,
  realisation of the principle of subsidiarity.
  Trust in the capabilities of the local community,
  mistrust in big bureaucracy and big government
• 3. A (fiscal) state closer to the people
• 4. Federal governance not necessarily cheaper
  but makes people happier
• 5. Not a model for exportation but an
  experience from which others can draw