Jump to ContentJump to Main Navigation
The Federal VisionLegitimacy and Levels of Governance in the United States and the European Union$
Users without a subscription are not able to see the full content.

Kalypso Nicolaidis and Robert Howse

Print publication date: 2001

Print ISBN-13: 9780199245000

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0199245002.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 October 2020

(p.483) Appendix Basic Principles for the Allocation of Competence in the United States and the European Union

(p.483) Appendix Basic Principles for the Allocation of Competence in the United States and the European Union

The Federal Vision

George A. Bermann

Kalypso Nicolaidis

Oxford University Press

While the chapters in this book inevitably draw attention to broader issues of legitimacy and levels of governance, this appendix is meant to provide a rough overview of the legal basis for allocating competences between the States and the Union in the two systems. This exercise should better enable appreciation of the nature of the choices that have been made, and are being made, in Europe and the USA. The discussion adopts two assumptions: first, that to qualify as legal principles, the lines of federalism should be drawn in some more or less regular fashion rather than haphazardly or through the sheer exercise of power; second, that whatever the lines of federalism may be, certain legal mechanisms will in fact be put into place in order to ensure that these lines are respected. In reality, there is a much broader range of legal instruments and controls available for these purposes than is commonly supposed, and both the EU and the USA have made, and are still in the process of making, their selections. In a nutshell, federalism principles can be organized around three broad sets of legal criteria, namely, allocative, structural, and procedural: first, the substantive allocation of subject matters or functions to different levels of government would seem to be the most basic approach to the relationship and balance of power between the States and the Union—at least for the general public: second, the structures or institutions at the federal level may be designed to promote indirectly the interests of the constituent States and their separate populations: third, those institutions can be required to employ certain decision‐making procedures or decisional processes aimed at promoting the values of federalism and the respective interests of the various levels of government. The first section of the appendix focuses mainly on the allocative principles of federalism, and the second section signals other considerations that may be relevant to the distribution of competences: supplementary mechanisms to safeguard the basic allocations.

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .