Changing Federal Constitutions Lessons learnt from International Comparison



Similar documents
DRAFT. Germany and Europe. Senior Civil Servants from European Partner Countries. Seminar EU /09. June 15th 19th, 2009.

ENSREG Conference Programme 2015

PRIORITY RULES ON COMPENSATION FOR NUCLEAR DAMAGE IN NATIONAL LEGISLATION

Patents in Europe 2013/2014

Delegation in human resource management

TREATY MAKING - EXPRESSION OF CONSENT BY STATES TO BE BOUND BY A TREATY

Conference. Shared histories for a Europe without dividing lines"

and the Need for Strategic Response

35 th Conference of Rectors and Presidents of European Universities of Technology. September 16-17, Final Programme

Irregular Migration, Security and Rights

ectaconference May 2014 Montreux Grand Hotel Suisse Majestic Fraisa SA

The Human Right to Science: New Directions for Human Rights in Science

20th Council of Europe Conference of Directors of Prison and Probation Services June 2015 Bucharest, Romania

How many students study abroad and where do they go?

Federalizing Process in Italy Challenges from an International Perspective. Case Study Germany: How did Germany disentangle competences?

Banking on the Common Good, Finance for the Common Good

International Nuclear Law Essentials. Programme

Structure of the judiciary system,

Second Political Declaration of the Pentalateral Energy Forum of 8 June 2015

Collaboration between Business Schools and Enterprises. Professor Chris Styles Associate Dean, Executive Education

Preliminary Program Symposium Change in Journalism

Patents in Europe 2015/2016

CMI Provisional Programme. HAMBURG + BERLIN (ADD-ON) 14 th 19 th JUNE DVIS/CMI 41st International Conference Hamburg 2014

Research Assistant to Prof. E. v. Finckenstein, Chair of Forming Technology, University of Dortmund

International Symposium on. Enterococci in Foods. Functional and Safety Aspects. 2nd Announcement and Call for Papers

Compared assessment of selected environmental indicators of photovoltaic electricity in OECD cities

Legal Systems & Economic Cooperation

ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT

TOWARDS PUBLIC PROCUREMENT KEY PERFORMANCE INDICATORS. Paulo Magina Public Sector Integrity Division

Vienna Tourism Statistics

How does a venture capitalist appraise investment opportunities?

Westpac Travelling Scholarship University of Otago Business School Established in 1953 by the Trustees of the Dunedin Savings Bank (now Westpac).

Accreditation in Germany & at Aalen University

Congress on Vocational Education and Training, International Recruitment of skilled Labour and Export of Training

Generation Crisis? November 2014, Berlin

PRACTICAL CASES. Daniele Muritano Civil law notary in Empoli, TEP

UNIVERSITY TOP 50 BY SUBJECTS a) Arts and Humanities Universities

4 th KUFSTEIN WINTER SCHOOL 2011

GOOD JOBS FOR GOOD SERVICES?

THE OECD S PROJECT ON HARMFUL TAX PRACTICES: 2006 UPDATE ON PROGRESS IN MEMBER COUNTRIES

An Enhanced European Patent System

Contemporary Chinese Context Originality. Mission

The SedNet project. Jos Brils. SedNet coordinator. Netherlands Organisation for Applied Scientific Research

SAP User Group Airports 2 nd Conference. at Frankfurt Airport on October 1 st and October 2 nd, 2007

The participation of romanian universities at the partnership PEGASUS - a chance for the aerospace higher education in Romania

SIENA, ITALY, APRIL 2-3, Certosa di Pontignano

A DISTINCTIVE QUALITY PROGRAMME

Program Monday, June 22, 2009

PROGRAMME 25 / 26 APRIL

PRINCIPLES FOR EVALUATION OF DEVELOPMENT ASSISTANCE

MUSCULOSKELETAL ULTRASOUND COURSE - BASIC LEVEL- Graz, November 2 nd 4 th, 2016

AGENDA. Food Contact Materials: Working Together for Safety and Innovation in Europe

BSC. Planning for the Berlin Security Conference 2016 Review Europe at risk what are our answers to common threats? Berlin Security Conference

Economic and Monetary Integration in Europe

Patient Safety in Practice

QUESTIONS AND ANSWERS ABOUT THE EDQM ACTIVITIES

Education at a Glance. OECD Indicators. Annex: UOE Data Collection Sources

Europe. NEW OPPORTUNITIES FOR DIVIDEND WITHHOLDING TAX REFUNDS EU / EEA Tax Exempt Entities Handbook

Legal Systems & Economic Cooperation

COST TUD0804 Final Conference Merano 2013

Waiting times and other barriers to health care access

EPEX SPOT reaches in 2015 the highest spot power exchange volume ever

German-French Double Degree Programs at the Otto-Suhr-Institute of Political Science

Applied RIA COURSE AGENDA. Presented by Jacobs, Cordova & Associates and LUISS May and October 2016 LUISS Campus, Rome, Italy

Politics & International Relations. ERASMUS and International Exchanges

Enforcement of judgments in civil matters in Switzerland

Professor Jane Fountain conferences

Contribution of the European Coalitions for Cultural Diversity

Scientific Committee. Andrés Cervantes (ESMO, GEICO) Antonio González (ESMO, GEICO) Andrés Poveda (ESMO, GEICO) Jan B. Vermorken (ESMO, GEICO)

SPONSORSHIP th ANNUAL WORLD CONGRESS REGIONAL NETWORKING EVENTS. The world s premier networking event for Cyber Security leaders

T.I.M.E. Network Christopher Cripps Directeur des Relations Internationales Ecole Centrale Paris

How To Celebrate The 100Th Year Of Women In Higher Education In Turkey

ECONOMIC COMMISSION FOR EUROPE

DRAFT FINAL REPORT. Second Global Forum on International Quality Assurance, Accreditation and the Recognition of Qualifications ED/2005/RP/H/1

Debt Management and DMFAS Experience

Exchange studies vacancies for undergraduate students (kandidatstudenter i företagsekonomi) at Stockholm Business School, fall semester 2015.

Programme Office for Social and Ecological Standards. Services, approaches, successes

Joint Declaration. On the Establishment of the Regional Co-operation Council (RCC)

168/ November At risk of poverty or social exclusion 2 rate in the EU28, (% of total population)

invitation 14 th International business Forum 20 th - 22 nd November 2013 a fair deal on resources, a fair deal for people

2 ND CALL FOR PROPOSALS 27 October January 2009

Economic and Social Council

Bulletin. Introduction. Dates and Venue. History. Important Dates. Registration

Invitation to the Open House of: A World Leader in Hospitality Management Education

Transport & Climate Change - European Researchers Act

9 th European Pressure Equipment Conference. Symposium, June 8 9, 2011, Fürstenfeldbruck (near Munich), Germany

SCANDINAVIAN CONFERENCE

Max-Planck-Institut für ethnologische Forschung Max Planck Institute for Social Anthropology

Culture and Democracy in the Digital Era Hopes and Threats. Compendium of Cultural Policies and Trends in Europe

ÖNORM EN Valve proving systems for automatic shut-off valves for gas burners and gas appliances

2011 China International Financial Leasing Convention. Invitation Letter. May 18, Tianjin, China

LIVING AND STUDYING IN TOULOUSE

EUROPEAN COMMISSION Directorate-General for Education and Culture EUROPEAN BUSINESS FORUM ON VOCATIONAL TRAINING 2014 "BUSINESS AND VET

An overview of public affairs masters programmes

Conference on. Modernization of the Criminal Justice System in China. Center for Chinese Legal Studies. Opening Ceremony

POLICYBRIEF EUROPEAN. - EUROPEANPOLICYBRIEF - P a g e 1

Ethical, legal, social and medical perspectives on chronic disorders of consciousness International Neuroethics Workshop, Munich

Export Credit Insurance: Business as Usual or a New Approach?

Exhibiting at IB Africa, Europe, Middle East events during

International Business Management Bachelor of Science in International Business Management

Transcription:

Changing Federal Constitutions Lessons learnt from International Comparison Conference 24/25 February 2011 Berlin Bundesrat Building Institute of Political Science Institute of European Constitutional Science

Federal systems require a constitution providing for a stable and reliable division of power. At the same time the constitution must be flexible and allow adaptation to changes in social or political context. During the last three decades, the necessity to transform territorial states has become increasingly important due to simultaneous processes of globalisation and regionalisation. Consequently, a number of states have initiated constitutional reforms and in some cases also successfully completed the ratification process. s about constitutional change have not come to an end, and further reforms will be necessary. However, federal constitutions are difficult to change depending on particular conditions, some of which are given, others are modifiable. The aim of the conference is to discuss constitutional reforms in federal structures from a comparative perspective in order to identify structures, processes and strategies which have proved to be indispensable for successful constitutional amendment. Focusing on the modalities and procedures of various successful and failed constitutional reforms, the conference should give practical suggestions as to how future reforms should be designed. In particular, the following questions should be considered: In which forums or institutions are constitutional reforms elaborated? Who is involved and which procedures do apply? Are certain procedures more suitable than others for federal reforms? How does the institutional framework of a political system influence reform processes and results? What are the roles of parties and the impact of party systems? To what extent do interests of the civil society affect reform negotiations? Which procedures could be applied for ratifying future constitutional reforms and which conditions influence the chances of successful ratification?

How do constitutional reform processes affect constitutional evolution? How do states cope with the failure of federal reforms? Does failure end in an impasse or can it be compensated by constitutional evolution? To what extent can the international comparison give us new ideas about how to design constitutional reforms, especially in Germany? The conference is based on a research project on Patterns of Federal Constitutional Reform which is headed by Prof. Dr. Arthur Benz and funded by the German Research Foundation (DFG). Experts from all nine countries under scrutiny have contributed to the project and will also participate in this conference. The Bundesrat is a constitutional body of the Federal Republic of Germany representing the Länder at the federal level. It has taken a decisive role in constitutional reforms of German federalism passed in 2006 and 2009. The Forum of Federations has been previously engaged in various comparative research projects concerning constitutional reforms in federal systems. The results of these projects will contribute to the conference and the envisaged publication.

Programme Thursday, 24 th February 2011 09.00 10.30 Welcome Angelica Schwall-Düren George Anderson Arthur Benz Minister for Federal Affairs, Europe and the Media and Plenipotentiary of the Federal State of North Rhine-Westphalia Forum of Federations TU Darmstadt/IEV Hagen Keynote speech: John Kincaid (Lafayette College, Easton USA) The relevance of constitutional reform in federal systems 10.30 11.00: Coffee Break 11.00 13.00 1st Panel: Constitutional negotiations in co-operative federalism Introduction: Comparison between Constitutional Negotiations Nathalie Behnke (Universität Konstanz) Country Report Switzerland Gerard Wettstein (Eidgenössische Finanzverwaltung, Bern) Country Report Austria Peter Bussjäger (Institut für Föderalismus, Innsbruck) Country Report Germany Anton Hofmann (Bayerische Staatskanzlei, München) 13.00 14.00: Lunch Break

14.00 15.45 2nd Panel: Constitutional negotiations in federal systems with divided societies Introduction: Characteristics of reforms in divided societies Richard Simeon (University of Toronto) Country Report Belgium Dave Sinardet (Universiteit Antwerpen) Country Report Canada Nadia Verrelli (Queens University Kingston, Canada) Country Report Spain César Colino/José Olmeda (Universidad Nacional de Educación a Distancia Madrid) 15.45 16.15: Coffee Break 16.15 18.15 3rd Panel: Decentralisation and regionalisation in unitary states Introduction: Decentralisation as expansion of multi level systems Roman Pasquier (Université de Rennes) Country Report United Kingdom James Mitchell (University of Strathclyde, Glasgow) Country Report Italy Franco Bassanini (ASTRID, Rome) Country Report France Patrick Le Lidec (CNRS Paris) Following the end of the discussion a guided tour through the Bundesrat Building will be provided 19.30: Dinner

Friday 25 th February 2011. 9.00 10.45 4th Panel: Processes of ratification Introduction: Amendment rules and ratification processes Markus Kaltenborn (Universität Siegen) Ratification by legislatures Carlos Closa (Instituto de Politicas y Bienes Publicos, Madrid) Ratification by referendum Dieter Freiburghaus (IDHEAP, Lausanne) Regional actors in ratification processes Arthur Benz (TU Darmstadt/IEV Hagen) 10.45 11.15: Coffee Break 11.15 13.00 5th Panel: Evolution after constitutional reform Introduction: Failure or constitutional evolution Jonathan Bradbury (Swansea University) Austria after the Austrian Convention Christoph Konrath (Wissenschaftlicher Dienst des Nationalrats, Wien) Constitutional change in Canada after Charlottetown Marc-Antoine Adam (Secrétariat aux affaires intergouvernementales, Québec) The German federal system after two reforms Wolfgang Renzsch (Universität Magdeburg) 13.00 14.00: Coffee Break

14.00 16.00 Panel discussion: Challenges of federal reforms with distinguished politicians, who participated in recent constitutional reforms in Germany, Austria and Switzerland Georg Milbradt (former Minister President, Free State of Saxony) Arnold Koller (former President of the Swiss Confederation, Switzerland) Peter Michael Huber (Minister of the Interior, Free State of Thuringia) Volker Kröning (former Senator, Free Hanseatic City of Bremen) Georg Lienbacher (Vienna University of Economics and Business) (to be confirmed) Moderation: Felix Knüpling Summary and conclusions Arthur Benz (TU Darmstadt/IEV Hagen) End of the conference

Contact Prof. Dr. Arthur Benz Dr. Eike-Christian Hornig Institute of Political Science Technische Universität Darmstadt abenz@pg.tu-darmstadt.de hornig@pg.tu-darmstadt.de 0049-6151-16-2842/4253