Staatenverbund
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''Staatenverbund'' The German term has no equivalent in English though it might partially be translated as "confederation of states". is a
neologism In linguistics, a neologism (; also known as a coinage) is any newly formed word, term, or phrase that has achieved popular or institutional recognition and is becoming accepted into mainstream language. Most definitively, a word can be considered ...
for a system of multi-level governance in which states work more closely together than in a
confederation A confederation (also known as a confederacy or league) is a political union of sovereign states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...
but, unlike a
federal state A federation (also called a federal state) is an entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government (federalism). In a federation, the self-governing status of the c ...
, retain their own sovereignty. The concept is used in Germany to describe the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
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.


Origin

This concept was first used in 1992 by German jurist Paul Kirchhof, although its initial meaning was not a legal one.''Die demokratische Legitimation der Tätigkeit Internationaler Organisationen''
(German) (PDF; 899 kB)
The term became established in the jurisprudence of the German Federal Constitutional Court with its 1993 judgement on the
Maastricht Treaty The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, ...
.


Interpretation as a legal term

Subsequently, the concept has been taken in law and political scienceusually without any real awareness of its original meaningand 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 The Treaty of Lisbon (initially known as the Reform Treaty) is a European agreement that amends the two Treaty, treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all Member stat ...
in June 2009, the concept of ''Staatenverbund'' was defined in a more legal framework.
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).
Thus, the
German Basic Law The Basic Law for the Federal Republic of Germany () is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the oc ...
, 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 Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedure ...
, 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 f powers by member states according to which the
institutions of the European Union The institutions of the European Union are the seven principal decision-making bodies of the European Union and Euratom governed under the Treaties of the European Union and European Union law. They are, as listed in Article 13 of the Treaty o ...
may not issue standards unless they are allowed to do so by the EU treaties.


See also

*
Subsidiarity Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsid ...
*
Supranational union A supranational union is a type of international organization and political union that is empowered to directly exercise some of the powers and functions otherwise reserved to State (polity), states. A supranational organization involves a g ...


Notes


References

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


Further reading

* {{Legislation of the European Union European Union constitutional law Legal doctrines and principles Federalism