LA REFORMA DEL FEDERALISMO EN ALEMANIA. FINES, NEGOCIACIONES, RESULTADOS

Abstract

The object of the article is to study the first phase in the reform of federalism, which came into force on 1 Sept 2006 and that, based on the numerous constitutional reforms undertaken since the creation of the Federal Republic of Germany, has led to reorganization of the system to distribute competences between Bund and Länder. After studying the ultimate causes of the reform, the author analyses the procedure to carry it out, the work by the Commission on federalism and the culmination of the reform after the general elections. After considering both the achievements as well as the matters not resolved by the reform, the author concludes that one may not consider a clear winner has appeared due to the changes enacted and he is also critical about some results of the reform, especially in the field of competences and, in particular, in relation to the new competence technique, that allows the Bund and Länder to issue regulations on certain matters that successively substitute those of the other body.

Keywords

• constitutional reform
• Germany
• competences
• legislative procedure.