Staatenverbund

From Infogalactic: the planetary knowledge core

Jump to: navigation, search

Staatenverbund ^{[note 1]} is a neologism for a system of multi-level governance in which states work more closely together in a confederation but, unlike a federal state, retain their own sovereignty. The concept is used in Germany to describe the European Union but has no direct equivalent in other languages. In German jurisprudence, a Staatenverbund is a supranational institution that may exercise sovereign acts (laws, coin money, etc.) but may not independently fix areas where it may exercise this power.

1 Origin
2 Interpretation as a legal term
3 See also
4 Notes
5 References
6 Further reading

Origin

This concept was first used in 1992 by German jurist Paul Kirchhof, although its initial meaning was not a legal one.^[1] The term became established in the jurisprudence of the German Federal Constitutional Court with its 1993 judgement on the Maastricht Treaty.^[1]

Interpretation as a legal term

Subsequently, the concept has been taken in law and political science - usually without any real awareness of its original meaning^{[clarification needed]} - and was interpreted as the central position between a confederation and a federal form of government.

In the German Constitutional Court ruling on the Lisbon Treaty in June 2009, the concept of Staatenverbund was defined in a more legal framework.^[2] Thus, the German Basic Law, article 23 authorizes the Federal Republic of Germany to participate in the building and development of a European Union designed as federation. This concept involves a close and long-term relationship between sovereign states. On the basis of the treaties of the European Union, the Union exercises the authority of government and its basic framework is available only to Member States and their peoples and thus democratic legitimacy can only be done through the citizens of the Member States.

Thus, a Staatenverbund is a supranational institution that may exercise sovereign acts (laws, coin money, etc.) but may not independently fix areas where it may exercise this power. In the EU, this is reflected by the principle of conferral [of powers by member states], according to which the institutions of the European Union may not issue standards unless they are allowed to do so by the EU treaties.

Notes

↑ The German term has no equivalent in English though it might partially be translated as "confederation of states".

References

↑ ^1.0 ^1.1 Die demokratische Legitimation der Tätigkeit Internationaler Organisationen (German) (PDF; 899 kB)
↑ Lua error in package.lua at line 80: module 'strict' not found.
The original German uses the word Staatenverbund, which they translate as "association of sovereign states", rather than the word Staatenbund (confederation of states) or Bundesstaat (federal state).

This article is partially or entirely translated from the article in German Wikipedia entitled " Staatenverbund " .

v t e Judiciary and law of the European Union
Judiciary	Court of Justice of the European Union European Court of Justice (members) General Court Civil Service Tribunal European lawyer Relationship with ECHR Public Prosecutor European civil code
Treaties	Rome Treaty Merger Treaty Single European Act Maastricht Treaty Amsterdam Treaty Nice Treaty Lisbon Treaty Charter of Fundamental Rights Opt-outs
Acts	Acquis: Regulation Directive Framework Directive Decision Recommendation
Procedures	Ordinary legislative procedure Consultation procedure Assent procedure Commission and Council acting alone Commission acting alone
Principles and terms	Subsidiarity Supremacy Direct applicability Direct effect Indirect effect Incidental effect Gold-plating Four freedoms Host state regulation Home state regulation Acquis communautaire EUR-Lex Minimum harmonisation Maximum harmonisation Home country control State liability Proportionality Principle of legal certainty Principle of conferral Preliminary ruling European labour law European Enforcement Order
Regulations	Council Regulation (EC) No. 1206/2001 Council Regulation (EC) No. 1348/2000 Customs Regulation 1383/2003 Regulation 261/2004 EU-Eco-regulation Commission Regulation (EC) No 2257/94 Customs Regulation 3295/94 Regulation on roaming charges Brussels Regime CLP Regulation Regulation on Community designs Societas Europaea European Union System for the Evaluation of Substances Commission Regulation (EC) No 474/2006 REACH Rome II Regulation
Directives	Good Clinical Practice Directive Data Protection Directive ATEX directive Battery Directive Best available technology Biocidal Products Directive Birds Directive Capital Requirements Directive Clinical Trials Directive Computer Programs Directive Conditional Access Directive Copyright Directive Copyright Duration Directive (93/98/EEC) Copyright Term Directive (2006/116/EC) Cosmetics Directive Dangerous Substances Directive (67/548/EEC) Dangerous Preparations Directive Data Retention Directive Database Directive Database right Directive 2000/43/EC on Anti-discrimination Directive establishing a general framework for equal treatment in employment and occupation Directive on Privacy and Electronic Communications Directive on the Promotion of the use of biofuels and other renewable fuels for transport Directive on the re-use of public sector information Directive on Electricity Production from Renewable Energy Sources End of Life Vehicles Directive CHP Directive Directive on the energy performance of buildings Directive on the enforcement of intellectual property rights Directive 2004/38/EC on the right to move and reside freely Environmental liability directive European SEA Directive 2001/42/EC European units of measurement directives Habitats Directive Integrated Pollution Prevention and Control Internal Market in Electricity Directive Landfill Directive Directive on the legal protection of biotechnological inventions Directive on the legal protection of designs Markets in Financial Instruments Directive Measuring Instruments Directive Medical Devices Directive Posted Workers Directive Pressure Equipment Directive Rental Directive Resale Rights Directive Restriction of Hazardous Substances Directive Satellite and Cable Directive Directive on services in the internal market Temporary and Agency Work Directive Trade Marks Directive European Directive on Traditional Herbal Medicinal Products Unfair Commercial Practices Directive Universal Service Directive Urban Waste Water Directive Waste Electrical and Electronic Equipment Directive Waste Incineration Directive Waste framework directive Water Framework Directive Working Time Directive
Cases	ECJ Rulings (Caselex): Allonby v Accrington and Rossendale College Apostolides v Orams Bosman Cassis de Dijon Chacon Navas v Eurest Colectividades SA Chen Ciaran Tobin Coleman v Attridge Law Costa v ENEL Factortame Francovich Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd Kolpak Microsoft v Commission Marleasing SA v La Comercial Internacional de Alimentacion SA Metock Nordsee Palacios de la Villa v Cortefiel Servicios SA Peter Paul and Others v Bundesrepublik Deutschland Procureur du Roi v Dassonville Ralf Sieckmann v Deutsches Patent und Markenamt Tanja Kreil Van Duyn v Home Office Van Gend en Loos
Fraud	Court of Auditors European Anti-fraud Office Accountability in the European Union
European Union portal Law portal

Retrieved from "https://infogalactic.com/w/index.php?title=Staatenverbund&oldid=719102779"

Categories:

Hidden category:

Pages with script errors

Staatenverbund

Contents

Origin

Interpretation as a legal term

See also

Notes

References

Further reading

Navigation menu

Personal tools

Namespaces

Variants

Views

More

Search

Navigation

Tools