Asymmetric federalism between globalization and regionalization

Abstract:

The question ‘who speaks for the Europeans?’ involves a basic contradiction in European constitutional engineering: federalist autonomy developed against democratic representation on the basis of popular sovereignty of equal citizens. Working on a European Constitution includes the search for a fair balance between the modes of representation. This paper shows, however, that the balance remains precarious. Asymmetries in the de iure institutional settings and in de facto social and economic development permanently reshuffle the balance. Older theories of federalism in the age of classical modernism started from a rational model of symmetric states' rights. Postmodernist thinking with its patchwork scenarios developed more tolerance towards asymmetries. The neo-liberal paradigm leads away from ‘participatory federalism’ in the direction of a ‘federalism of competition’. In the early federations the poor territories in a ‘class struggle from below’ asked for subsidies from the centre. In recent federations a ‘class struggle from above’ is developing. The rich states fight for asymmetries because they feel punished if they have to subsidize the poorer areas.