Building a new federal political system: reassessing recent developments in the Eurozone Abstract: This contribution aims to highlight how the Eurozone is progressively moving towards a new model of governance which would imply new forms of political legitimacy in the next years. Many think that federalism should not be applicable to the European Union, since the EU is not a state and therefore it is not possible to apply the category of federalism to EU integration. This contribution shows how this statement is based on conceptual misinterpretations. Hence the paper will tackle three interrelated issues: Firstly, it will look at the European Union as a federal political model, and highlight how comparative federalism helps us in understanding the EU integration process. Second, the core of the paper will focus more specifically on the recent developments in the Eurozone in the wake of the financial crisis and the sovereign debt crisis and highlight how measures taken by the EU and Eurozone countries have contributed to a deepening of the federal character of the EU as a whole, but specifically of the Eurozone as a core. The final part will highlight where the most recent developments have the EU led to, what other issues will need to be address, and how federalism might help us in understanding this process. Introduction: Investigating the European Union through the lenses of federal theories represented an academic goal for two of the main scholars in federalism in the 20th century: John Pinder (1998) and Michael Burgess (1999). In the light of the crisis of the sovereign European debts, which blighted the Eurozone since 2009, the Eurozone authorities have faced many issues and had to undertake many steps to stop its own fragmentation and win back markets’ trust. These changes represented not only very small, early and limited steps toward fiscal union, but also deepened the division between Eurozone and non-Eurozone countries and highlighted the asymmetries in obligations and rights. The distance between Eurozone and non-Eurozone country has grown so forth that recently many senior MEPs (Brok, Bresso, Verhofstadt, Duff) had presented different proposals for formalising these separate dynamics. The European Union is already a system of multiple tiers of integration which, according to the federal theory, represent different developments of shared and pooled sovereignty, of which its least developed stage is intergovernmentalism and federalism is its most developed tier. In order to develop a deep understanding of this development according to the categories of federalism it is necessary introducing the theoretical framework for a better understanding of this analysis. Different degrees of federality in the European Union: In its broader sense the European Union represents a federality (Sigdwick, 1903) i.e. a system of combined polities opposite to unitary states. Federality is a broad and undefined term which combines both different formulas and of different visions of federal systems. This term encompassed all the different forms of federal political systems, according to Watts definition (2008: 10), since Sigdwick did not make differences between federations and confederations, but just between state whose polity was made of a single constituent unit and those other states whose polity was made of different constituent ones. Therefore, federality represents a flexible term including normative principles, forms of states and ideologies. Watts individuated some different forms of federal political systems. For instance, those which are relevant for the study of the European Union are international organisations, confederations and federations, accordingly to their different degree of federality and their different ideological background and political goals. These are three different steps in the development of federal system in which International Organizations represent the weakest and least developed stage of federal political system, while federations represent the most mature, developed and complete stage. Confederations are the middle step. Internationalism and European intergovernmentalism Internationalism (commonly referred to as liberal internationalism) and federalism find their common roots respectively in the Grotian theory of International Relations and in the Kantian theory of cosmopolitanism. Scholars like Martin Wight (1991) and Headley Bull (1977) used to describe the study of International Relations as being based on three traditions: the Machiavellian/Hobbesian, the Grotian and the Kantian tradition. While the first and the third one are, respectively, the ground field for realist and federalist interpretations of international theory, Grotius is the founder of the liberal internationalist theory and the current tradition of International Law. All these three traditions developed their own interpretation on the idea of shared sovereignty, as of cooperation among states. While realists used to dismiss the cooperation among international states for being weak and subjected exclusively to the interest of the states and federalists advocate the creation of a federal system, Internationalists rejected the hypothesis of both the former, i.e. the idea that international relations are a chaotic and dangerous anarchy, in which, according to the realists, the fittest survives and wins and therefore, according to the federalists, requires to be limited and managed by supranational organizations. The same concept is applicable to the theory of pooled sovereignty, while Grotian and Kantian schools developed their own understanding on pooled sovereignty, the Hobbesian just dismissed it. In The Law of War and Peace Grotius gave a meaningful contribution in the development of internationalism and eventually played a meaningful influence in Kant’s Perpetual Peace. Grotius advocated the existence of a spontaneous natural law in international relations, which flourishes inside a society of states (Bull, 1977) sharing some common moral and cultural elements. The society Grotius described was not an eternal battlefield where state fight each other constantly, but the place where its member adopt and develop common habits. Wight (1991) used to describe Grotian tradition as the one based on rationality and pragmatism, in opposition to the pessimist Hobbesian/Machiavellian interpretation and the optimistic and revolutionary Kantian one. Therefore, the raison d’état is not an absolute and limitless principle, but it has to coexist with the basic value of the international society. The international system Grotius proposed was a two tier system, in which the external and internal sovereignty are divided, and while the internal sovereignty is illimitable (Leamon, 1982), the external sovereignty ended where the others sovereignty began. By contrast, Kant eventually unifies these tiers in his theory. The republican principles pervaded any level of sovereignty, but similarly to Grotius, Kant asserts that any country should be set free to achieve its own republican government on its own, and therefore should remain independent within a federal and cosmopolitan framework. Although Grotius did not exclude a supranational authority could be desirable (Pound, 1952), Grotius asserts that the states cannot limit themselves through a supranational authority as individuals do , since they do not have the same needs individuals have. Consequently, a supranational authority would be just an entity of mere force (Leamon, 1982), but without any real polity below nor a real citizenship, and therefore cursed to fail. This element has remained central in the following developments of internationalism, which favours intergovernmental arrangements over transfers of sovereignty towards supranational authorities. In Perpetual Peace (1795), Kant demonstrated how to establish permanent peace on a global scale. In the definitive articles of Perpetual Peace (pp. 117-142), Kant stated the necessity to establish a supranational polity modelled on three levels of constitutions: constitutions at national level governing relations among people within nations, a constitution at supranational level setting the relations among states, and a constitution embodying the relations between states and individuals. Kant also stated that every country should be republican (i.e. non despotic and with a clear division of powers) and that the law of the nations should be founded on a federation of free states. Kant recognized that states were central in the world stage and that federation was the most suitable model of polity. Kant recognized that, according to the general understanding of international law, states by no means desire to give up their “savage limitless freedom” (1795, p. 136) and yield to the coercion of public law. They refuse to do what the individual has done. Therefore, since establishing a world republic is impossible, a federation of free and republican state becomes the only solution available, to bring an enduring peace. Therefore the federation becomes the negative substitute of a world republic. In Kant’s proposal, republican and federal ideas are strictly connected. Kant’s ideas of federation of free republic was not new. Almost a century earlier in 1683, Gottfried Wilhelm Leibniz advocated a new form of Res Publica Christiana, founded on common religious and moral principles and based on the society of Christian nations. By contrast, the Kantian federation is a secular system and potentially extendable to the whole humankind, whose ground ideology is republicanism: i.e. a clear division of powers, and liberal principle of tolerance and mutual respect. Kant’s proposal was much closer to Abbé Saint-Pierre’s one, which, nonetheless, was limited to the Christian European nations only. Although Kant is generally considered as one of the main thinkers and founders of federalism, he neither provided a comprehensive and clear definition of this federation of free states, nor a precise definition of its degree of federality. This lack left a great room to different interpretations on the role of the states and of the federal authorities. Undoubtedly, the model Kant presented is much more than a simple society of states or an alliance, by being at the same time a negative substitute of a single state. Although Kant has always received the honours of the academic world, the latter almost ignored or dismissed his political thought during the 19th century. The development of a structured international community started again with Woodrow Wilson’s Fourteen Points. Wilson aimed at establishing mechanisms for a longlasting peace. During his speech to the US Senate on 10th July 1919, Wilson stated that: “The promises governments were making to one another about the way in which labor was to be dealt with, by law not only but in fact as well, would remain a mere humane thesis if there was to be no common tribunal of opinion and judgment to which liberal statesmen could resort for the influences which alone might secure their redemption. A league of free nations had become a practical necessity. Examine the treaty of peace and you will find that everywhere throughout its manifold provisions its framers have felt obliged to turn to the League of Nations as an indispensable instrumentality for the maintenance of the new order it has been their purpose to set up in the world,—the world of civilized men. (Wilson, 1919)” In this statement Wilson advocated the idea of a community among equals which the USA could have led towards a liberal model (and this never happened because the USA never joined the League of Nations). The idea of common rules and common mechanisms to avoid wars among states and organized according to the principles of peaceful relations and justice. Although the League of Nations was quite far from Kant’s proposal in Perpetual Peace and, and it eventually failed to create an enduring and solid system to prevent World War II, it represented the very first attempt to create an international community according to some federal principles. The goal of internationalism is combining both the principle of nationality on one side and creating an international community on the other one. Hedley Bull (1977), whose theory find its roots in Grotian tradition (Cutler, 1991), used to be very critical towards Hobbesian theories in international relations as well as towards Kantian cosmopolitanism, even if he probably misunderstood the Kantian distinction between federation and republic (Hoffman, 1986). Bull (1977) stated that tolerance and mutual understanding were necessary in fostering the international society. “A society of states (or international society) exists when a group of states, conscious of certain common interests and common values, form a society in the sense that they conceive themselves to be bound by a common set of rules in their relations with one another, and share in the working of common institutions” (Bull, 2012, p. 13). Bull apparently ruled out any possible development towards any kind of supranational federalism, and somehow defended the system of sovereign states as being the most functional to preserve international peace and its laws. Nonetheless he individuated some elements that are consistent with federal principles and communities: mutual respect of independence and sovereignty, preserving and enforcing peace, tolerance for diversity, but rejecting the idea of a supranational polity. By recognising the importance of the state as an international subject, internationalism put its focus on those as the main characters of the global community. By contrast the federalist stream traditionally put its focus on developing stronger international organizations, aiming to make them develop into closer federal systems according to Watts’ definitions. Kant proposed a model based on developing a federation of states sharing the same structure and the same ideology. The dynamics between internal organization of member states and the way they are organised internationally are important: as they are connected. So did the federalist and the post-Kantian theorists, like most recently did David Held (1995), Jürgen Habermas (1998), Daniele Archibugi (2008) and Lucio Levi (2005), supporting the idea to create a democratic framework for global governance and more efficient forms of federality to address globalization and problems like global warming, international terrorism, and tax evasion. The Kantian idea of basic republican principles and supranational constitutionalism found a very limited place in the League of Nations. Wilson’s proposal had a Kantian basis, since its proposal aimed to have a membership of national and liberal democratic states, but its proposal failed to address the issue of limiting sovereignty by sharing it through common institutions and legal enforcement mechanisms. Nonetheless his proposal represented a first step in creating an international framework for peace. By questioning the neorealist definition (Waltz, 1985) describing international relations as anarchy, internationalism supports the idea of an international society, whose key actors are the states. Everything states do in international relations is not just for idealism, to create a more peaceful world, but mainly for self-interest. Internationalism recognizes this, but argues that international and perpetual peace is in the interest of all states, weak and strong. International peace is the best scenario for states to preserve their sovereignty and their welfare. Accordingly, sovereign states should act on the basis of a rational calculation of costs and benefits both in the long and in the short run. The rationality implies that long-run and high politics (Hoffmann 1995, Saurrugger 2014) prevail over short run and low politics interests, and political bargaining in international organisations becomes the measure of influence and power of the member states, and nevertheless the main decisional moment in the international community. By recognizing the importance of the international society, advocates of internationalism also support the need of developing the elements of that. Internationalism used to support the development of international organizations, of international law as well as more interdependence among the members of the international community and to encourage transnational initiatives. Therefore Internationalists adopt the Grotian tradition of international relations, while rejecting more universalist Kantian interpretations. Internationalism asserts and supports the existence of an international society based on moral principles, common values, mutual respect and prudence (Cutler, 1991), but even if it accepts very limited degrees of federality, the acceptance of nation-states as main actors remains undisputed. It tends to discourage protectionism, since trade is regarded as one of the main bonds among peoples and countries. In the last few years, international organisations and international law tended to promote other kinds of actors beyond states: these are individual citizens, NGOs and multinational companies. Nonetheless, internationalism (in its liberal developments) tend to put people as well as states on the same level (Nye, 1992). Halliday (2008, p.70) wrote on the socialist motto “proletarians of the world unite!” that it was about combining different national organisations, rather than forming a single, global one. The same could be said about internationalism: it is not about forming a single polity, but it is about structuring different polities in a single forum, without creating any new form of polity. Similar tendencies cold be found within the Kantian and the post-Kantian tradition, too. On one hand, by accepting the role of states as main actors in international relations and taking the idea of global federation as unachievable, they abandon the cosmopolitan ground of Kantianism and adopt a more Grotian and constructivist approach. However even if those do not rule out that the international society could develop in terms of federality towards a closer model of federal system, they assert that federal experiences among states are more likely to happen among states which shares certain and common cultural elements and a precise geographic location. On the other hand international federalists since the end of WWII (Reves, 1947) remained very critical towards internationalism. Paradoxically, their criticism towards internationalism is much closer to realism and Hobbesian theory. For federalists, the development of a world federation remains fundamental, because the anarchical international society is doomed to fail, since the governments would always put their national interest before humankind’s interest (Albertini, 1979) and because in a globalized economy, the markets need global laws (Levi, 2012). More specifically, from the epistemological point of view liberal internationalism and federalism are not applicable on the same level. Federalism by itself could explain the dynamics of international relations among sovereign states, when it comes to the regional economic, military and political integration (Haas, 1958. Dosenrode, 2007) and is both applicable as a scientific and normative principle for comparative studies. This implies that federal theory will represent a valid methodology for comparing different federal systems, and in explaining the integration process in the EU as well as other unions of states. When it comes to describing federalism as an IR theory by its own, this meets the criticisms of many scholars. Dosenrode, for instance (2010: 11) asserted that federalism might have at least a liberal and a realist branch: a liberal one, focused on the free will of member states to undertake a process of integration and federalisation and a realist one, focused on the theory of federalism as a reaction to external coercion and external enemies (Riker, 1964). Nonetheless, internationalism and federalism share the same set of Kantian values. Both prioritise peace and its conservation as their main purpose. Both share the idea of mutuality as a core principle for the relations among political units, specifically when it comes to the theories of horizontal federalism. Another main point is the mutual respect for each other’s independence and sovereignty. While the realists assert the role of power as the main element in IR, both federalists and internationalists assert the importance of equality and cooperation of parts within international relations. When it comes to European Union, internationalism has its correspondence in intergovernmental theories of European integration, with which it shares the same background and the same ideological background. The centrality of states, their role as promoters of the European integrations for their own interest and survival in the international stage are part of the same narrative. The internationalist/intergovernmental approach finds it application in those areas where intergovernmental method prevails. Confederalism and confederations While being dismissed over the last decades as a hybrid form of government doomed to failure (Forsyth, Watts, Albertini), the study of confederations faced a comeback thanks to the development of the European Union (EU) and the rising interest in supranational integration (Elazar, 1998) among other regional and macro-regional organisations like the Association of East-Asian Nations (ASEAN), the Union of South American Nations (UNASUR) and the African Union (AU). Confederalism represents an option for those countries willing to develop more political and economic integration, and aiming to a closer relationship inside a single organisation but without giving significant sovereign powers to the confederal authority. In confederations the source of sovereignty remains in the hands of their members. This does not exclude that confederations have typical elements and symbols of sovereignty and that they are strictly connected to a limited geographic dimension, and a common, ideological and cultural identity. Those elements make confederations closer to federal and national states. Switzerland, developed its civic and national symbols in the Middle Ages, while the Confederate States of America (CSA) had strong confederal symbols, which after the end of Civil War were adopted by some of the former Confederate States. Still now, the flags, the anthems, and the heraldry of the CSA are part of the regional identity of the states of the American South and unfortunately they are very popular among American white supremacists. In the case of Germany, the confederal idea was linked to the national identity and to the idea of unifying the German-speaking community under a single state. Although the confederal institutions remained always weak and subjected to the Austrian-Prussian dynamics, the German Confederation provided the framework for the creation of the German Customs Union (Zollverein) and later for the Prussian-led North German confederation. According to Watts, confederations “occur where several pre-existing polities join together to form a common government for certain limited purposes […], but the common government is dependent upon the will of the constituent governments.”(2008: 10) Therefore confederal governments have only indirect electoral legitimacy and limited fiscal base as well as more limited rights of initiative in comparison to those of any federal one. Usually, their political agenda is set by the most influential and powerful members in terms of population, fiscal resources and military powers. In many historical confederations, the military was just residually under control of the confederal government. Defence is shared with the member states or is almost entirely under the control of member states, depending on the constitutional arrangement. Historically, there were many cases of confederations of states: the most meaningful for this analysis are the United States of America under the Articles of Confederation, the Swiss Confederation before the French invasion in 1798 and then from 1815 to 1848 under the Federal Treaty, the German Confederation, and the Confederate States of America. Other kind of confederations and unions, such as the ancient, medieval and early modern confederations (such as the Netherlands under the Republic of the Seven United Provinces) are less important for our analysis. These are too ancient and too different in terms of polity to be taken for a comparative analysis. Similarly, the various southernAmerican confederal experiences in the 19th century were short-lived and cursed from their own foundation by civil wars, internal conflicts and political turmoil. Others, like the various Arab confederal projects from the 1950s to the 1970s, remained just promises and agreements but never fully materialised, with the sole exception of the United Arab Emirates (UAE). Similarly to federalism, confederalism constitutes both a normative term and an ideology. However, many considered the confederal stage just as a mid-term step of the evolution of confederations from unions of states to federal states. This implies that in the long term a confederation is always doomed: either it becomes a federation or it collapses. History seems to suggest that this assertion is true. On one hand, the Republic of the Seven United Provinces became a unitary state under the hegemony of the House of Orange, while the Swiss federal government managed to remove veto power from cantons and implement a federal civil law. The United States abandoned the Articles of Confederation in favour of the new federal constitution. In the Canadian experience, “the Confederation” means the process of federalisation of the federal dominion of Canada in 1867. On the other hand, the German Confederation ceased to exist because of the internal competition between Austria and Prussia. Although its constitution and historical documents represent a model for understanding confederalism, the Confederate States of America ceased to exist after the defeat in the Civil War and we can never know how it would have developed. However, some cases of confederal unions remain. Watts (2008: 55-56) indicated those as the United Arab Emirates and the European Union. The former is the only successful case among the federal experiences in the Arab world in the 1960s and 1970s. Applying Forsyth’s definition of union of states, these are “the intermediate stage between interstate and intrastate relations.” (1981, p. 7). While nowadays the scholars in federal studies agree that confederations and federations are different forms of federal political systems, the development of these definitions have been long and has been subjected to historical accidents and different interpretations. It is possible to find the roots of this transformation over the last two centuries. Before the American Revolutionary War most political thinkers considered federalism and confederalism as synonyms (Burgess, 2006) and perhaps no one had the necessity to give a distinction between the two. The real dichotomy “federalism vs confederalism” rose for the first time with the clash of ideas during the Philadelphia Convention and the Federalist vs Antifederalists Debate in 1787 and in 1788. In that debate Federalists opposed Antifederalists’ arguments in favour of the new federal Constitution and vice-versa. Perhaps 1789 is the year, which separates confederalism from federalism (Ibid.). The confrontation between Publius on one hand and Brutus, the Farmer and the other writers on the other, was fundamental in shaping the different and distinct forms of government and ideologies that we now identify in federation and federalism on one hand and confederation and confederalism on the other. When Edmund Randolph opened the Federal Convention of 1787 in Philadelphia, some weaknesses were immediately highlighted. These concerned the inability to secure the Union against external invasions and the inability to enforce international agreements, as well as the lack of constitutional instruments to manage institutional crisis and quarrels between States (Madison, Larson, Winship, 2011). In addition, the lack of a single legislation on trade and commerce, the impossibility for the Union to defend itself from the states and the nonsuperiority of the Articles of Confederation to the constituent state constitutions (Madison) were also discussed as some of the reasons of inefficiency. These elements weakened the Union and put its own existence in peril. The aim of the Federalists was to prevent any form of implosion and division of the United States into a system of sovereign states in competition and conflict among themselves, to prevent the fragmentation of North America, avoiding wars among sovereign republics and preventing any of these states to pursue a hegemonic position above the others. Although their opponents shared the same purpose to preserve the welfare and the internal peace of the Union, their visions on the future of the Confederation were completely different. In regard to the exchange of opinion among Federalists and Antifederalists, Burgess (2006, p.) and Diamond (1961, p.) before him wrote that it needed a more accurate analysis. First of all the positions among the so-called Antifederalists were very heterogeneous. The opposition to the proposed Constitution, the insistence on individual liberty and the support for the rights of states and their sovereignty were the elements which kept them united during the debate. It is important to point out that the Antifederalists were not assertive and unapologetic supporters of the Articles of Confederation, but many of them considered the Confederation a good form of government, whose Articles needed to be corrected in its most unclear or inefficient passages. Generally, the most criticised part by the same Antifederalists was the lack of common legislation in single policy areas, such as trade or naturalisation. In the antifederalist n.11 Agrippa stated “that Congress has not the sole power to regulate the intercourse between us and foreigners. Such a power extends not only to war and peace, but to trade and naturalization” (Agrippa, 1787). Generally, the Antifederalists were aware of the weaknesses of the previous, confederal constitution, but were at the same time far more skeptical about the solution which Hamilton, Jay and Madison developed. Similarly, some of them were aware that the failure of the constitution could have led to the collapse of the Confederation. Some claim that this debate did not turn the United States from a league of states into a federation, but it just led the USA to dismiss an inefficient federal constitution in order to adopt a more efficient model (Wheare, 1963). Before the debate, the same Hamilton used the terms federalism and federation in regard to the previous Articles of Confederation especially in the first Federalist Papers (Morison, 1925). After a heated debate, the State of New York and all the thirteen states adopted the Federal Constitution and the Federalists, under the leadership of James Madison, managed to accommodate some of the points which made the Antifederalists more sceptical and critical about the institutional framework. The Bill of Rights represented a big step from the Federalist side towards the Antifederalist demands. After the approval of the Constitution, many Antifederalists like James Monroe accepted to work in the new political framework, thus legitimising the federal institutions but opposing the policies of the new-founded Federalist Party, while the most radical decided to withdraw from political activity or to continue at state level. The Antifederalists had to accept the new constitution also for another reason: their inability to propose an alternative to the federal Constitution. There were many disagreements on the way the Articles of Confederation could be fixed and on the future of the United States as a national entity. This lack of initiative and unity on the side of the Antifederalists is the major element which made the Federalists win the debate and shape the American institutions. The victory of Hamilton, Madison and their followers was crucial in reshaping the terminology of federalism. From this debate it is possible to define the ideology and theory of confederalism: in this framework the confederal government is no sovereign, but it is an agent of the governments and therefore it should be subordinated to the will of the confederated states (Wheare, 1963). For instance, while the federation has its own autonomous source of legitimacy and its own sovereignty, a confederation is defined as a union of sovereign states; its sovereignty is based on the will of the constituent units and therefore depends on the extension of the powers that these decide to concede to the confederal government (Forsyth, 1981). The confederal government has no legitimacy by itself, but its legitimacy comes from the constituent units and relies on them (Watts, 2008). While in a federal system both federal and constituent units are sovereign at the same time, the constituent units are the sole depositaries of sovereignty in a confederation. This model of confederal governance was still quite popular among many Americans even after the federal constitution came into force (Calhoun, 1828) and only the military defeat of the confederates in the Civil War weakened the supporters of this proposition. By contrast, the innovation of the Federalists was to create a new framework which could give the new federation the possibility to endure. It was not a league what the Federalists wanted to achieve, but a new and different form of federal government – within a democratic framework. Switzerland could be considered the European example of transition from being a league of cantons to a federal state. Similarly to what happened in North America in the 1860s, Switzerland became in the 1840s the field of confrontation between the supporters of the sovereignty of the cantons and the supporters of federal authority. This conflict, which eventually led to the Sonderbund War, started on some disputes regarding the role of the Church and of the Catholic clergy in cantonal politics. In this debate, the Catholic reactionary cantons acted against the progressive ones, in defence of the old the privileges of the Church. Soon it was no longer a conflict regarding the role of Jesuits in education, but whether the Eidgenossenschaft could continue to exist as a whole political entity (Forsyth, 1981). Disagreements regarding the future of the Swiss political system arose just after the defeat of Napoleon. Two different coalitions of Cantons supported different draft Constitutions, respectively led by Zurich and Berne, one more modelled on the Helvetic Republic, the other on the pre-Napoleonic Confederation. The intervention of the Great Powers prevented a civil war from breaking out, and imposed the two factions to reach a compromise. The Federal Treaty was therefore a solution, which combined the demands of the cantons supporting a complete rollback, with the ones of the cantons supporting the institutional innovations introduced by Napoleon in Switzerland (Church, 2013) The Federal Treaty gave the definition of the Swiss political system as a Bund, a league of sovereign cantons. The confederal authority remained competent for the army. So the only policies which were implemented on a federal level were security and defence. It is worthy to remember that the Old Eidgenossenschaft faced many threats to its existence throughout the centuries. Over the 16th and 17th century, the cantons had to settle many peace agreements among themselves and eventually the first attempt to establish a single defence system through the Defensionales of Wyl and Baden, thus gradually neutralising the interreligious conflicts and preventing the involvement of Switzerland in the Thirty Years’ War. This was the reason why both the Great Powers and the Swiss representatives in the Federal Diet prohibited in the Federal Treaty any alliance among cantons against the others. The Article 6 of the Federal Treaty clearly stated that: “Cantons may not forge coalitions amongst themselves that are harmful to the Federal Treaty or the rights of the other cantons” (Swiss Federal Treaty, 1815). Once the Sonderbund was revealed, the separatists openly acted against the treaty. That argument was very favourable to the Swiss federal authorities in their reaction against the Sonderbund, thus preventing any external intervention by conservative powers in favour of the secessionist cantons. While on one hand the Federal Treaty could be considered a good example of a confederal framework, in which the confederal authority was limited to a single policy area, the new framework which emerged after the Sonderbund can be considered a federation. The Swiss federal constitution of 1848 stated that the people of the 22 sovereign cantons of Switzerland, united through the present union, constituted collectively the Swiss Confederation, while article III stated that the Cantons are sovereign, so far as their sovereignty is not limited by the Federal Constitution, and accordingly they exercise all rights which are not delegated to the Federal power (Swiss Federal Constitution, 1848). In this constitution it is clearly recognized that the independent sovereignty of the federal authority, which the Federal Treaty of 1815 was not stated. In the Federal Treaty sovereignty is applied in regard to the cantons. The passage of the Eidgenossenschaft from a confederal structure to a federal one was possible by limiting the sovereignty of the cantons while recognising a distinct and limited sovereignty of the federal government. The federal Constitution of 1848 was a fundamental step in limiting the role of Cantons on the military and the usage of Cantonal Militias. From 1848 and on the federal government became the sole legitimate user of military power and the sole representative of the Swiss nation as a whole. Another step towards the federalisation of Switzerland was the Federal Constitution of 1874. Article 3 stated that “The Cantons are sovereign insofar as their sovereignty is not limited by the Federal Constitution and, as such, exercise all rights which are not entrusted to the federal power” (Swiss Federal Constitution 1874). This represented a clear step towards the federalisation of Switzerland. Later in the article 6 regarding the cantonal constitutions, the constitution asserted that “The Cantons are bound to request the Confederation to guarantee their constitutions.” The final and definitive step towards the federalisation of Switzerland was represented by the entry into force of the Swiss Civil Code in 1907, unifying the different legal systems in the federal cantons and ending the legal fragmentation of the federation. Switzerland remained a confederation by name only, since it maintained the ancient official name of Eidgenossenschaft and its Latin translation of Confoederatio Helvetica, but is a federation in all its developments and with its own particularities Following the Swiss, German and American experiences, the understanding on the differences between confederation (Staatenbund) and federation (Bundesstaat) was finally developed in the last decades of the 19th century. As already discerned, Sigwick mentioned the two terms in his masterwork (1903) as two different expressions of federality. He was not alone in investigating in the American, Swiss and German confederal experiences. Forsyth found that Tocqueville and his followers (1981, p. 136) played a meaningful role in developing the study of federations and confederations in Europe during 19th century. In his Democracy in America Tocqueville managed to introduce the developments of American federalism among the European audience, thus sparking a debate in the academic world. The study of federalism and federations as separate political systems met interest as well as some resistance among European scholars. Max von Seydel asserted that federal states did not actually exist (1893, p. 17) but only unitary states on one hand and confederations on the other, since sovereignty was considered indivisible. Therefore, according to Seydel’s interpretation, federations represented a hybrid category that actually did not stand to fact-checking. His theory about the lack of difference between unitary state and federal state and the confederation as a separate body had been proven as erroneous, but had limited success among the academic world in those years. Scholars like Le Fur and Haenel (Forsyth, p. 138) accepted that federations were closer to unitary states than to confederations. Le Fur, for instance insisted that federations shared the same federal elements as confederations and gave this definition of confederations: “An organization of sovereign states in which the central power has its own legal personality and permanent organs.” Therefore, Le Fur highlighted the presence of a form of central government, permanent organs and legal personality as the main elements which distinguished confederations from alliances. At the same time Le Fur stated that confederations, similarly to leagues, have no common people to represent, no single polity but each state represented its own people. Confederations do not have their own citizenship. Other points Le Fur highlighted, were the ultimate rights of the states to secede or nullify the confederal government. Le Fur also stated that in a confederal system, confederal institutions have or should have an external sovereignty, but stated that internal sovereignty belongs to its members. Therefore confederal executive institutions rely on the cooperation of their states to implement their decisions and legal acts. Le Fur stated that in confederal systems, a federal judicial organ would be necessary to settle disputes, but they are adjunct elements, not essential (Forsyth, p. 141). The author in the end asserted that confederations were not permanent states and that they were doomed to become full federal states or collapse. Carl Schmitt (1965, p. 369), some decades later, stated that the common element in confederations and federations is the “duty” to settle every dispute through the legal mechanisms provided by the federal institutions. Confederalism today Although the United Arab Emirates (UAE) is now a federal country, it is one of the existing federations that maintained confederal elements and has a very recent confederal history. In the United Arab Emirates the decisional powers still actually belong to the most powerful emirates, Abu Dhabi and Dubai, which exercise a veto power over the others and over the federal authorities and especially inside the Federal Supreme Council, which is made of the rulers of the member Emirates and is the supreme organ of the UAE. According to the UAE Constitution, it retains the supreme control over all the affairs in general, appoints the Chairman of the Council of Ministers of the Union and decides over defence and foreign affairs. Inside the Federal Council both emirates play the main role and their role could be somehow compared to France and Germany in the EU. Disagreements between the two emirates led to a delay in the merger of their own armies and the full creation of a UAE army had to wait until the 1990s. Although being a federation by name, the democratic process inside the UAE remains very weak. The National Council is appointed, one half by the rulers of each emirate, while the other half is indirectly elected by their own college. The lack of democracy as well as the strong intergovernmental structure of the Supreme Council are the two elements that make the United Arab Emirates a federation with strong confederal elements, a hybrid system (Watts, 2008) if not the only surviving confederation. Nonetheless, many scholars agree that the EU is the federal system that more adopted the main characteristics of a confederal system. Federations and federalism Federations represents the final and last stage in the scale of federality. It is the most developed, mature and complete form of federal system and represent the institutional application of federalism, which on its turn is the most structured development in the idea of sovereignty pooling, whose finale outcome is a creating a federal polity together with the polities of the constituent members. Although the roots of federalism as normative principle date back to the middle Ages and the medieval forms of territorial autonomy and territorial leagues (the Swiss federal pact was one of those, others were the Hanse League, the Veronese and Lombard Leagues in Northern Italy), the ideology of federalism had its first codifications throughout the European Renaissance and the early Modern Age. Francesco Guicciardini (1540), Johannes Althusius (1603), Samuel Von Pufendorf (1672), Abbe’ de Saint-Pierre (1713) made significant contributions in developing the main elements of federal theory, but thanks to Immanuel Kant (1795), Alexander Hamilton’s and James Madison’s Federalist Papers (1788) and their influence, it developed into the current forms of federalism. The study of federalism and federal systems thrived in Europe and especially in the Anglo-Saxon world during the second half of the 19th. Supranational and continental federalism had a new Renaissance especially in Britain, whose political thinkers and policy makers had to deal with the enormous dimensions of the Empire. Federalism was applied in the development of Canada (1867) and Australia (1901), and meanwhile the federalist proposals met the interest of British politicians, intellectuals and policy makers, interested in new form of governance for their enormous empire. The Imperial Federation League was founded in 1884, with the purpose of advocating a reform of the empire, by modelling after the Dominion of Canada and transforming it in a global, Anglo-Saxon federation (Burgess, 1995) Interest in federalism as peace-resolution and peace-keeping tool had four different phases of development. The first one dates back to the Interwar period. That age gave the light to the League of Nations, to Aristide Briand’s proposal for a European federation, the creation of the Federal Union group in Britain, and the Count Kalergi’s Paneuropa movement in the German speaking countries. The second more after World War II, with the birth of new movements advocating the unification of Europe in the post war period, the start of the integration process, the birth of think tanks like the World Federalist Movement, but also with the birth of the United Nations and its Charter. The third phase emerged with the end of colonial era in the 1960s, with the rise of conflicts in post-Colonial scenarios and the search of new institutional and political instruments to manage highly divided societies and political units. The fourth phase dates back to the collapse of Post-communist system and the necessity to manage conflicts and ethnic diversities in those countries emerged from the fall of the Soviet block and its satellites. The end of Cold war represented a new renaissance for federalism as an instrument to share decision-making, governmental functions and developing supranational bodies too. The failures of the United Nations to cope with the Bosnian and Rwandan crisis in the 1990s and the progressive changes in the post-Cold War scenario sparked a debate about the necessity to reform the United Nations towards a more inclusive, efficient and accountable structure. Most recently, the introduction of the Euro, the introduction of the Treaty of Lisbon, and the following turmoil of the Eurozone sparked heated discussions about the future of the EU and the application of asymmetrical federal principles. Additionally, the migrant crisis and the demand for a different management of the Schengen area as well as the demand of different degrees of EU Integration, and eventually the talks about UK withdrawal from the European Union, the rise of nationalist forces are deepening the debate between those who oppose European federalism and those supporting it. Federalism has at least three meaning. The first one is a political study of all federal systems, of decentralisation and centralisation within states and union of states, regionalisation, as well as the study of internal dynamics within federations. The second one refers to a system of sharing and devolving state powers across different centres according to subsidiarity criteria. For instance in a federation each level of government represents a different polity, each with its own sovereignty. The third and last option, federalism is the ideology of unifying constituent units through the rule of law and agreements with the purpose of removing the causes of war, securing peace within territorial entities. This terminology applies, for instance, to Alexander Hamilton and James Madison, as well as to Altiero Spinelli, Ernesto Rossi and all the advocates of European federalism. On the contrary, federalism could also denote the support for more decentralisation and devolution towards local and regional communities or the preference for a federal state over centralised models. This is the case of Argentinian federalists in 19th Century, as well as the supporters of federalism in many European centralised countries. For extension, in many post-Kantian developments, federalism could have the ultimate and potential purpose of unifying the human community as a single federal polity (Albertini, 1980). In the end, federalism has at least three meanings: it could be either a field of studies, a normative and constitutional principle, and an ideology. According to Watts definition, federations “compound polities, combining strong constituent units and a strong general government” (2008: 10). Watts stated that 27 countries were meeting the criteria of functioning federations. All the federations taken into consideration not only by Watts, but also by other scholars like Burgess and Kincaid, have these some points in common. Firstly, at least two levels of government exist, each with its own independent and democratically elected parliament or assembly and head of government, and each with own competences. Secondly, following Schmitt definition of federal bond, a Constitutional Federal Court whose decisions are binding shall be established. In a federation, each level of government has its own democratic and fiscal legitimacy. Additionally, although fiscal autonomy of constituent units is a fundamental principle of federations, federal authorities apply redistributive policies among constituent units. Thirdly, traditional elements of sovereignty like defence and foreign policy are performed at federal level, Similarly, monetary policies are carried by a single Central bank on federal level with its own autonomy. Indeed, competences and roles of Federal government and Constituent Units are distributed according to principles of subsidiarity. Eventually, a diffused and close civic and cultural, even national identity shall exist in order to . Burgess used to call it as “the federal spirit” and mentioned it as the “bonds that unite the political community – the reconciliation of individual and collective needs that bind the political community”. According to Law, (2012: 114) it is possible to make a distinction between federal state and federal union according to the degree of unity of the peoples of the constituent member states, i.e. if there is a single demos or many demoi. Despite this differentiation, a federation survives when civic, federal identity, exceed and integrate ethnonational distinctions. Federations are systems of polities. In confederations, the existence of the confederal polities depends on the will of the single member states of the confederation. In federations, on the contrary, the existence of the federal polity is not subjected to the will of the Constituent units. While any country has the right to withdraw from any international organization and confederal system, secession is not allowed in any of the existing federations, with the only exception of Ethiopia. Nonetheless the single polities of member states and constituent units do not cease to exist in federations, but they co-exist together with the federal polity. The latter comes to life because of voluntary actions by constituent units, but from the moment the federal polity is born, both have their own dynamics, interactions and developments. In a federal constitution, both levels are sovereign, each on its own field. Both levels of government have their own electoral base and source of legitimacy. Generally in federations, the source of legitimacy is double: the whole electoral body of citizens, which elects the lower house and the federal president in presidential federal systems, e.g. USA, Brazil, and the constituent units appointing or electing the representative in their own upper house. The development of federations is strictly linked to geographic, historical, and demographic elements. Geography plays an important role, as it does for confederations. Similarly to former confederal systems and in contrast to international organizations, federations have constitutional geographical limits. Of the 27 federations of the world, eight of them are ranked among the countries having the largest area in the world: Russian Federation, Canada, United States, Brazil, Australia, India, Argentina and Mexico. In these cases, geographic extension and internal diversities played a meaningful role in developing federalism. Federalism provided a political framework to manage the differences coming from having continental or subcontinental dimensions. The micro-federations represent another particular cases: Comoros, Micronesia and Saint Kitts and Nevis. They are essentially small islands divided in archipelagos, so in extended areas divided by the sea and sometimes in different ethnic and religious groups. There are different kind of federations: the first distinction to be drawn is the one between multi-national and mono-national federations. The presence of different ethnic and religious groups is one of the most common elements in many federations, especially many of those born after colonial experiences. Canada, Belgium India, Pakistan Switzerland, Ethiopia, Nepal and Nigeria could be easily described as multi-ethnic federations. On the side, Argentina, Austria, Brazil Germany, the USA and Australia, represent cases of federations dominated by a single ethnic group. Nonetheless in those federations ethnic and linguistic minorities may exist and pursue their own political agenda. In multi-national federations, different ethnic groups have institutional and political recognition. In those models member states and subfederal polities may follow ethnic, language, and pre-existing, boundaries. This does not occur in mono-ethnic federations, in which boundaries do not follow ethnic lines, despite existing socioeconomic and ethnic divisions. Federations could be either presidential or parliamentary. The presidential model is strictly linked to the American experience, since it was implemented in the USA and then resulted in being very successful among Latin-American federal countries: Mexico, Brazil, Argentina and eventually Venezuela. Outside the Americas, Nigeria adopted the presidential model. By contrast Parliamentary models resulted in being very successful in the British and European continental experience and in its developments. In Europe Germany represents the most successful federal model after World War II. In the former British colonies and Australia, India, Pakistan and Canada both adopted a Westminster-style federal model. In Africa, although being a one-party system, Ethiopia adopted a parliamentary model. Other cases are represented by Russia, which adopted a semi-presidential model, and Switzerland, which maintained a directorial system over the centuries. Independently from being either a presidential or a parliamentary model, the existence of these forms of democratic legitimation of the federal institutions represent a crucial difference with international organisations and confederations. Asymmetries are constant elements in almost all federations. These occur when one or more constituent units condition the relations with the other constituent units or the entire federal structure because these prevail in terms of geographic size, Gross Domestic Product (GDP) and fiscal revenues, population above the others. In international relations asymmetries have always existed, similarly political and constitutional asymmetries exist in international organizations and confederations. In the United Nations, the five permanent members of the Security Council, by retaining veto power and permanent membership, represent a constitutional asymmetry. For instance in international organizations countries with more resources, diplomatic prestige, soft and hard power are more likely to obtain more in diplomatic negotiations and in conditioning the decisions of international organizations. Despite having a confederal government which should represent and guarantee for all members, in confederations major constituent units can exercise a hegemonic role and eventually address the decisions of authorities, similarly to what happens in international organizations. The constitutional dependency of confederal governments on constituent units and the limited fiscal autonomy limit their capability to consistently mitigate the influence of the most powerful states. This occurred in the case of United Arab Emirates, as well as for Prussia and Austria in the German confederation. Federations present similar situations. Watts (2008: 126) listed the main cases of political asymmetries caused by significant gaps in terms of population and economy. Among the former, Ontario and Quebec for Canada. Oromia and Amhara in Ethiopia, New South Wales and Victoria in Australia. On the economic side, in Brazil the South-East Region, which includes the provinces of Rio de Janeiro, Sao Paulo, Espirito Santo and Minas Gerais, represent alone 55,2% of the GDP of Brazil. When it comes to Canada, the province of Ontario has around 36%-40% of Canadian federal GDP, while Quebec and Alberta are both 19% and British Columbia 12%. In Nigeria regions like Lagos play an overwhelming role in the country’s economy. Devolved states like Spain and the United Kingdom face similar issues, with the composed of four nations, of which England represents alone 84% of the British population, and 54% of its territory. Despite constituent members retain high degrees of autonomy, federations have the constitutional role to provide redistributive policies and cope with internal asymmetries. The supremacy of federal law, the autonomy of federal budget and taxation, as well as the democratic legitimacy offer federal authorities constitutional tools to limit the autonomy of states. Nonetheless, many federal systems have developed forms of constitutional asymmetries. Quebec’s status in the Canadian federation is a clear example of asymmetry. Watts highlighted other cases of asymmetric federations for India, Bosnia & Herzegovina, Malaysia, Belgium Comoros and Saint Kitts and Nevis. Cultural and different ethnic elements are more likely to trigger asymmetrical relations in federal systems. Again, Quebec falls in this class of case studies as well as Bosnia Herzegovina, Malaysia and Comoros Asymmetrical arrangements in federations have intrinsically a double outcome. Although those are a tool for settling internal issues and managing potential conflicts due to ethnic diversity, and gaps in economics and population, and they succeeded in accommodating separatist pressures and differences within federal systems (Watts: 130), in the long run they could also become a pathology and lead to major dysfunctions. By adding elements of variable geometry or variable speed, the federal institutional framework becomes more complex. But in those cases, in which federations have major difficulties in developing a consensus and the “federal spirit” (Burgess, 2013) and in which constituent states show different political agenda, this remain an alternative to collapse. Confederations and international organizations are generally considered to be more vulnerable and more fragile as institutions. This is definitely because unlike federations, have fewer elements of sovereignty and statehood, but federations, like any other federal political system, could suffer from the same pathologies that may lead to the collapse of the formers. In the world we have 27 federations. In the last century many federations have come to life and ceased to exist. Jugoslavia (2003), Czechoslovakia (1993), the Union of the Soviet Socialist Republic (1991). In these cases, federations collapsed and turned into different sovereign states. In other cases, countries like Cameroon (1972) or Democratic Republic of Congo (1967), the United States of Indonesia (1950), turned into unitary states after short federal phases. The Federation of Rhodesia and Nyasaland (1963), the West Indies Federation (1962), as well as the French Federations of West Africa and Equatorial Africa, undertook their development during the colonial era, but ceased to exist just shortly after their independence. Pakistan faced a major crisis with the secession of East Pakistan (Bangladesh), while Singapore represents one of the fewest examples of expulsion of a federative unit from the federation. Watts, as well as other scholars, highlighted that federations fall because of lack of political consensus and federal citizenship, i.e. the lack of a federal demos, the inconsistency and unsustainability of the federal structure, the inability to cope with internal asymmetries. Federalism and confederalism in the European integration Confederalism and federalism have always been constant elements in the debate regarding the development of the European Community since its dawn after World War II (WWII). On one side Altiero Spinelli, Walther Hallstein and the federalists movements born throughout Europe in the 1940s, the Italian European Federalist Movement in 1943, the Union of European Federalists in 1946, the Pan-European Congress in 1948 (Corsetti & Pistone, 2006). On the other side, the federalist tendencies faced a strong resistance by French Gaullists and other forces advocating more intergovernmental approaches. The European Union is the outcome of the dichotomy between these two forces and represents a federal system made of different circles, with different degrees of integration and vision on the European integration. Therefore the European Union is made of different levels of federality. According to the framework of multiple federalities: the membership of the European Union can be categorized in different according to the degree of integration they accepted to embrace. The only membership of the European Union alone represents a first step of federality in the European context. Membership of the European Union represents the model of symmetric federalism, due to the same obligations and the same acquis of laws that the Member States have to accept. The Eurozone: the federal core of the European Union Conclusion By highlighting the federal principle, which is an intrinsic element in those ideologies encompassing any form of aspiration to peace and closer relationship among peoples, it is possible to have a full spectrum of its different degrees of development. Scholars fail to agree on a single definition of federalism and among them there are many different visions on what federalism is. Although federalism could have different understandings, it is necessary to be clear and straight in applying the criteria of federalism. Federlism comes to existence when the federality, in the terms of federal community, put the unity and the political union at its centre and accept it as driving element of its polity and aims to creating a federal citizenship by developing a federal statehood and maintaining the sovereignty of the single constituent members in their own area. This makes possible the definition of federalism as both ideology and form of state. Without this dividing line of sovereignty, any federation in any of its proposition, either a “weak federation” (Moravcsik, 2001) or “loose federation” (Wallace, 1996) would just be a confederation. Law (2012:) stated that federations are not to be considered as a single and uniform model, but should be divided into two categories: federal unions of states and federal states, with the former not having a federal sovereignty unlike the latter. Although it seems that such a distinction has foundations both politically and legally, especially since the Federal German Constitutional Court asserted the existence of a Staatenverbund regarding the EU (German Constitutional Court, 1993), it is questionable to introduce a new form of federal system in this discourse, in the terms of an intermediate step between confederation and federation. Nonetheless, it is to consider that confederations may have their own development towards full federal sovereignty in their institutional existence. In this framework the stage of the “federal union of states”, instead of being an intermediate stage on its own, should be considered either a confederation with stronger federal elements, so likely to become a full federation, or a federation on its own, if it has already a federal sovereignty. In this particular case, the distinction between federal union of state or federal state, although more articulate, is not relevant. It is to be clarified whether it is possible to define a form of “federalism without federation.” (Bomberg, 2008) In this analysis, this definition is applicable to sovereign countries like Spain, United Kingdom, or Italy, so in systems which already have sovereign federal governments and forms of devolution and strong autonomies, without being formally federal states. When it comes to unions of sovereign countries, both in the forms of international organizations or confederations, federalism is not applicable, but other forms of federal principles are. This is why retrieving definitions like “federality” is necessary to simplify on one hand, but to avoid other semantic misunderstandings on the other Given that similar elements and different degrees of federality exist in other federations, this might lay the foundation for a full comparative analysis. Comparing the European Union and the Eurozone to other federal systems will represent the starting point of a new “federalist” interpretation not of the European integration, but also of other processes of regional integration. Among those different levels of EU integration, the Eurozone is the most advanced level and generally represents one of the highest stages of supranational integration in the world. By unifying their currencies and establishing the European Central Bank, the members decided to fulfil an essential passage towards federalisation. This step created a stronger differentiation between non Euro and Euro country, in terms of different rights and obligations. This development started from the necessity to deal with asymmetric macroeconomic crisis and to provide a full understanding. On the same time, it created a strong level asymmetry inside the European Union, in terms of different obligations and rights. A comparative analysis through the lenses of federalism could provide a framework to compare the developments of the Eurozone and its asymmetrical federalism to similar federal experiences in other realities and thus providing a full understanding. 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