ANNEX E Regional arrangements in other countries

 
Country Nature of regions
Austria 9 Länder.
Belgium       3 language communities: Française; Flamande; Germanophone; and 3 regions: Flandre; Wallonie; and Bruxelles capital region.
Canada 10 provinces and 3 territories.
Finland

Autonomous region of Åland. (Finland does not otherwise have regional government.)

France 22 conseils regionaux.
Germany 16 Länder.
Italy 20 regioni (5 special regions; 15 ordinary regions).
Netherlands 12 provinces.
Poland 16 voivodships.
Portugal 2 autonomous regions.(Mainland Portugal has not implemented regional government.)
Spain 17 communidades autonomics.
AUSTRIA
Tiers of government. A federal state with three tiers of government: Bund (federal level); Länder (regions); and Gemeinden (local government).
 Population range of regions Smallest: Vorarlberg 350,000 Largest: Wien (Vienna) 1.6 million
Historical formation From 1918, following the collapse of the Austro-Hungarian Empire, a federal state was created in Austria. The Länder were officially granted powers and duties within the 1920 constitution. Most Länder have a historical identity that can be traced back to the Middle Ages.
Democratic form The responsibilities of the Länder are enshrined within the national constitution (Article 15). Each Land has its own constitution, parliament (Landtag) and executive. Members are directly elected via the Additional Member System. Each Land parliament elects a head of government and a cabinet. The national second chamber (Bundesrat) consists of Land MPs elected by the Landtag. However, the Bundesrat has only limited powers, principally a power of temporary veto against draft legislation proposed by the National Assembly (Nationalrat). Austrian Länder are weaker than in many federal systems. The federal government retains the dominant role in the division of powers and functions, has sole legislative powers in respect of key functions, and has sole responsibility for public finance. Länder have legislative powers within a number of fields and tax-raising powers for purposes not already covered by taxation within federal legislation. The distribution of competencies amongst tiers of government is set down within the national constitution. Länder have a general power of competence, in which matters not explicitly the responsibility of the state remains within the sphere of competence of the Länder. Länder have power of veto against legislation proposed on them from other levels and a supervisory role in respect of the activities of municipalities.
Autonomy Austrian Länder are weaker than in many federal systems. The federal government retains the dominant role in the division of powers and functions, has sole legislative powers in respect of key functions, and has sole responsibility for public finance. Länder have legislative powers within a number of fields and tax-raising powers for purposes not already covered by taxation within federal legislation. The distribution of competencies amongst tiers of government is set down within the national constitution. Länder have a general power of competence, in which matters not explicitly the responsibility of the state remains within the sphere of competence of the Länder. Länder have power of veto against legislation proposed on them from other levels and a supervisory role in respect of the activities of municipalities.
Functions

There is an overlap of functions and financial responsibilities between the three tiers of government. Those of the Länder are:

  • Complete Länder competencies in both legislation and administration (i.e. functions not assigned to the federal level) are: environmental protection; building laws; land use planning; aspects of agriculture and youth welfare; theatres; sport and tourism.

  • Federal legislation but Länder administration: citizenship; traffic legislation; social welfare housing; urban redevelopment

  • Federal legislation to establish general principles, with Länder responsible for detailed legislation and administration: basic social welfare; hospitals; land reform; regional/local aspects of electricity system; primary and secondary school building and maintenance.

The Länder’s main direct expenditures are on education, housing (construction), health and hospitals.

Sources of finance
  • Shared taxes 45%
  • Exclusive taxes 2%
  • Transfers (grants etc.) 48%
  • Other 4%
Control of total public expenditure 26%
BELGIUM  
Tiers of government Under a system of ‘co-operative federalism’ Belgium government tiers comprise: central government (Gouvernement Federal), a regional level of three language ‘communities’ (Flemish, French and German-speaking) and three regions (Flanders (Flemish), Wallonia (French), and Brussels capital region), with two-tier local government consisting of provinces and municipalities.
Population range of regions  Smallest: 950,000 Brussels capital region Largest: 5.9 million
Historical formation Flemish region Belgium has a cultural history of regionalism due to the existence of three distinct linguistic communities. However, it was not until 1993 that a new federal constitution was formally adopted. The system of co-operative federalism was designed to accommodate these communities. Belgium has two types of regional structures: a composite upper level of decentralised government of three language communities (Flemish, French, and German), and three economic regions (Brussels city, Flanders, Walloone).
Democratic form Regions have separate institutions, with equal legal status and exclusive areas of competence. The Flemish community and region has one government and parliament whereas the French community and Walloon region have separate parliaments and governments. The German-speaking community has powers in relation to its municipalities but regional matters are dealt with by the Walloon region. The capital region of Brussels is jointly overseen by the French and Flemish communities. Elections to community and regional parliaments are held every five years, using the list system; these elections coincide with European elections.
Autonomy Belgium’s autonomy has a ‘double structure’ where there is no hierarchy between federal and sub-national levels of government. Therefore, federal law cannot override sub-national law. The communities exercise power in ‘personal’ matters (languages, culture, education, media, health & welfare).
Functions The regions have territorial & economic powers such as town and country planning, urbanisation, environment, housing, employment, public works, transport, foreign trade, agriculture and energy. They also supervise the local provinces and municipalities. The communities and regions also have full powers in the field of international relations relating to policy areas for which they are responsible.
Sources of finance Belgium’s constitution gives limited tax-raising powers to all levels of sub-national government. Regions and communities rely heavily on these taxes, some of which are shared with the federal government, as well as having autonomous tax-raising powers. Under the current system it is a statutory requirement that resources be transferred to these authorities on a sufficient scale to enable them to perform their functions effectively, with each region autonomously deciding the amount of the fund.
CANADA  
Tiers of government A federal state with three tiers of government: federal government (central state); provincial/territorial governments (regions); and municipal governments (local authorities). Two-tier local government (with county governments in additional to municipal governments) exists in some provinces.
Population range of regions  Smallest territory: Nunavet 28,000 Smallest province: Prince Edward Island 139,000 Largest province: Ontario 11.9 million
Historical formation Canada has been a federation since inception in 1867 by an act of the UK Parliament, in order to accommodate English-speaking and French-speaking communities, as well as different economic interests. Initially there were four provinces but this has increased to ten over a period of about 80 years. Generally speaking, Canada has decentralised over the years, with provinces accumulating a greater range of competencies.
Democratic form Elections have to take place within a five-year time scale, using the first-past-the-post system. Provincial assemblies are unicameral with executives drawn from the legislature.
Autonomy Canada has a federal constitution which provides a high level of autonomy to the provinces. The federal government retains a formal capacity to ‘reserve’ or ‘disallow’ provincial legislation; this has not been used for 50 years. 
Functions Enshrined within the Constitution Act. However, provinces have a greater range of competencies than territories. Provincial functions: prisons; social security; health; education; civil law; justice; courts; police; births; marriages; deaths; incorporating companies; management and sale of public land; management of natural resources on land; alcohol sales. Concurrent competencies: agriculture and immigration. Territories: do not have competency over amending their constitutions, management and sale of public lands, borrowing money solely on credit. Power to incorporate companies is restricted.
Sources of finance Income tax is shared with federal government. Provinces raise their own taxes (which varies between province). Provinces also receive funding through federal transfers. There are three main transfers – the Canada Health & Social Transfer (CHST), the Equalization programme, and Territorial Formula Financing (TFF) – and several smaller transfer programmes. In 2001–2002 provinces and territories received a total of 46.5 billion Canadian dollars. These transfers are based on fiscal capacity of province and aims to equalise fiscal imbalance and to create comparable levels of public services across the provinces and territories.
Control of total public expenditure 41%
FINLAND  
Tiers of government A unitary state with two tiers of government: the central state government and 452 kunta municipalities. There is no tier of regional government, although there is an historical autonomous region of Åland. Finland is divided into 19 regions for strategic planning purposes.
Population range of regions  Smallest: Åland 25,700 Largest: Uusimaa 1.3 million
Historical formation  The 1919 Constitution made provisions for a level of directly elected county councils though these never came into effect. Following the Regional Development Act 1994, (a response, in part, to the requirements of the EU Structural Funds), 19 appointed Regional Councils were created.
Democratic form The Åland autonomous region was granted autonomy in 1921; the Government of Åland is the only directly-elected regional assembly within Finland. Åland: Parliament is called the Lagting, which appoints Åland’s government, the Landskapsstyrelse. The Lagting consists of 30 members whom are elected every four years by citizens of Åland. To ensure the interests of Åland are represented at the national level, a representative sits within the central state government.
Autonomy Åland: Lagting has the duty to adopt the budget of Åland and possesses the right to pass laws in education, culture and preservation of ancient monuments, health and medical services, promotion of industry, internal communications, municipal administration, the police service, the postal service, radio and television. In this sphere, Åland functions in a similar way to an independent state; however, laws passed by the Lagting are subject to approval by the president of Finland, who retains the power of veto.
Functions Education, culture, health services, economic development, communications, police. 
Sources of finance The state of Finland collects taxes, duties and charges from the region of Åland, and in return the Lagting receives 0.45% of the state budget (except state loans). The Lagting has freedom to decide on what to allocate this money.
Control of total public expenditure 0.45%

FRANCE

 
Tiers of government Four tiers of government: central state; 22 régions1; 96 départements (upper tier local government); and almost 37,000 communes (lower tier local government).
Population range of regions  Smallest: Corsica 300,000 Largest: Ile-de-France 10.9 million 
Historical formation Since 1956, France has been divided into 22 administrative regions for state planning and statistical purposes. Decentralisation laws passed in 1982 imposed conseils regionaux (regional councils), which are directly elected, although the first elections were not held until 1986. Regional boundaries have been purposely designed in an artificial manner so as not to reflect traditional identities. 
Democratic form French regions each have their own conseil régional and executive. Members are directly elected every six years by party list PR (based on département jurisdictions). The president of the region is chosen by the assembly and s/he appoints an executive. Under a system of accumulated mandates (cumul des mandats) a regional councillor can also simultaneously hold posts at local, national or European level. 
Autonomy The autonomy of the conseils regionaux is limited. They have few services of their own and rely upon départements, communes and central government to put policies into practice. However, regions have no power over the départements and communes. Sub-national government is arranged on the basis of clear lines of responsibilities and functions (blocs de compétences). 

French regions have limited tax-varying powers in which they are free to set the rate – with certain limitations – on those taxes under the control of the regions (motor vehicle registration tax; regional tax on property transfer duty). Regions do not have legislative powers. Each region has a Préfet, who is the direct representative of the Prime Minister within the region. The post is taken by the Préfet of the département which contains the regional capital, and their role is to co-ordinate activity between tiers and ensure the co-operation of local and regional authorities in meeting national aims. They can play a highly influential role.

Functions

Symmetrical across regions and limited primarily to strategic functions including regional economic development and planning, transport planning, tourism, environment/ conservation, housing strategy, and vocational training. Regions have a power of general competence. 

Sources of finance
  • Own taxes 48%
  • Block grant 9%
  • Tied grant 19%
  • Borrowing 20%
  • Other 4%
Control of total public expenditure 2%

GERMANY

 
Tiers of government Federal country with four tiers of government: Bund (central government); Länder (regions); Kreise (counties); Gemeinden (local authorities). 
Population range of regions  Smallest: Bremen 700,000 Largest: Nordrhein-Westfalen 16.7 million 
Historical formation In 1948, 11 directly elected Länder were decreed by the Bund. These were based on a combination of historical regional boundaries (such as Bavaria) and artificial creations. Five Länder from the former East Germany were incorporated in 1990. .
Democratic form Länder have their own constitutions, parliament and executive. Members are directly elected via the Additional Member System. Germany’s second chamber (Bundesrat) consists entirely of Land Ministers and has power of veto over the first chamber (Bundestag)
Autonomy A federal system in which the existence of the regions is constitutionally protected. Länder have primary legislative powers (although, in practice, they have limited freedom to use them and the Bund retains the right to legislate in most areas of Land competence). Länder also have their own judicial system. Länder have the power to raise taxes for specific regional competencies (which varies between regions); however, this represents a small proportion of their income.  
Functions Largely symmetrical across Länder. They are directly responsible for: education, culture, local law, public safety and order. Work jointly with federal government to provide adult education, regional economic development, agriculture, and coastal protection. Share responsibilities with municipalities and districts for the delivery of a wide variety of mandatory and discretionary services.
Sources of finance
  • Taxes 77.1% (obtained through shared nationally controlled taxes, received automatically by the Länder). 
  • Grants 20.6% 
  • User fees and charges 2.1% 
Control of total public expenditure 38%

ITALY

 
Tiers of government Four tiers of government: central state; regioni (regions); and two tiers of local government: provinces (upper tier); and communes (lower tier).
Population range of regions  Smallest: Valle d’Aosta 115,000 Largest: Campania 5.8 million 
Historical formation Five ‘special statute regions’ were decreed in 1948 reflecting (in part) demands for separatism following the centralist era and the existence of linguistic minorities. A further 15 ‘ordinary statute’ regions were established in 1970. There are moves towards a form of federalism in Italy, following the 1998 Bassanini laws which introduced wide ranging reforms and a devolution of tasks from the central state to the regions and local authorities (2)
Democratic form The functions of regioni are set down within the national Constitution and, in the case of special regions, are enshrined within specific legislation. The assembly (‘regional council’) is directly elected every five years by a list system, based on provinces. The executive body (Giunta regionale) is elected by members of the regional council.
Autonomy In practice, Italian regions are relatively weak. They have nominal power to legislate in their (limited) areas of competence, though this is often circumscribed by detailed central legislation. Regioni do not have tax-raising powers, although the more powerful special regions receive a share of central government’s VAT and income tax revenues. The relationship between central state and sub-national government in Italy is expressed through a ‘star’ system. Theoretically the state is central with regions, provinces and communes linked on an equal and reciprocal basis; however, there is a shift occurring whereby provinces and communes are subordinate to regions, especially so within the special regions. The current weakness of the Italian regions (which is changing through the Bassanini laws) is highlighted by the presence of a centrally appointed ‘prefect’ to monitor the legality of the assemblies’ activities.
Functions Ordinary regions: The most important function is the health sector; others include social welfare, training, vocational education, town planning, public housing, economic development, tourism and cultural activities, agriculture, forestry, mining, regional public transport, public works, environment, and implementation of European Union regulations and policies. Special regions have a broader range of functions which are enshrined in specific legislation with constitutional guarantees.
Sources of finance Ordinary regions: 
  • Block grant 13%
  • Tied grant 82%
  • Borrowing 5% 

Special regions:

  • Block grants/taxes 55%
  • Tied grant 39%
  • Borrowing 6%
Control of total public expenditure 20%

2 The reforms were implemented in 2000 and have required regions, provinces and communes to regulate and manage the following: economic development; territory; environment and infrastructures; services to people and community; and regional and local policing. The current allocations of expenditure to sub-national government are being assessed in relation to these additional responsibilities.

NETHERLANDS

 
Tiers of government A decentralised unitary state with three levels of government: the central state; 12 provinces (regional level); and 572 municipalities (gemeenten).
Population range of regions  Smallest: Flevoland 330,000 Largest: Zuid-Holland 3.4 million
Historical formation Historically, the provinces are the component parts of the Dutch state. The Constitution of 1848 and the Provinces Act 1850 enshrined provinces as the middle tier of government in the Netherlands. 
Democratic form Elections take place every four years using the list system, whereby the number of seats in an assembly corresponds to the distribution of votes in the entire constituency.
Autonomy The provinces do not have tax-raising powers. They are entitled to levy a surcharge on both the motor vehicle tax and the television licence fee; central government fixes annually the upper limits for the surcharges. Regions do not have legislative powers. 
Functions Traffic, public transport, welfare services, town and country planning, environmental protection. Provinces are also responsible for supervising the municipalities through their budgets, distributing funds and resources. 
Sources of finance Budgets are controlled by central government. 81% of revenue comes from central government with the rest being made up from local taxation. 
Control of total public expenditure 2%

POLAND

 
Tiers of government Four tiers of government: the central state; and what are deemed three tiers of local government: 16 voivodships (regions); 373 powiaty (upper tier local government); and 2,500 gmina (lower tier).
Population range of regions  Smallest: Mazovia 5.07m Largest: Lubuskie 1.02m 
Historical formation Poland introduced reforms of its ‘local’ government system within an Act of Parliament in 1998 and replaced the existing structure of 49 provinces with two new tiers: a new regional tier of government of 16 voivodships; and an upper tier of local government (powiaty). Self-government had been introduced at the gmina level in 1990. The reforms were intended, in large part, to enable greater devolution of powers from the centre, greater capacity to respond to regional economic development needs, and better strategic planning and delivery of services. 
Democratic form Each voivodship has its own directly elected parliament (sejmiks), who elect a head of government (marshal) and who have responsibility for scrutinising the ‘governing board’ (executive). The executive is made up of five members elected by the sejmik (but whose members may be drawn from outside the sejmik). Members of the sejmik are elected using a list system for a period of four years.
Autonomy Voivodships appear to be a largely strategic tier of local government. Their functions are set down within national legislation, and they have no supervisory role over powiaty (counties) or gminas (municipalities).They do not have either legislative or tax-raising powers. Each voivodship has a centrally appointed voivode who, as a representative of the Prime Minister, oversees the work of the voivodship and ensures compliance with national policy priorities. 
Functions

The principles underpinning the distribution of responsibilities between tiers of government are set down within legislation (although there are overlapping competencies). The functions of voivodships focus on regional development, with specific emphasis upon three key areas: economic development; sustainable development and planning; and strategic public services such as higher education, specialised health services and cultural activities.

Sources of finance  
   

PORTUGAL

 
Tiers of government Portugal does not have regional government on the mainland. It is a unitary state with three levels of government: central government; a regional level comprising two autonomous regions and eighteen administrative districts (central government outposts); and the local level comprising municipalities and parishes. 
Population range of regions  Autonomous regions: Azores: 236,706 and Madeira: 253,045 
Historical formation Two different forms: two autonomous regions of Azores and Madeira, and 18 administrative (regional) districts, the latter being decentralised arms of central government. (Note: 1998 referendum for self-governing regions was rejected by the Portuguese population. In 1999 regional development agencies were created; although these are not directly elected they form more than just a level of decentralised regional administration, as they have been developed from the grass roots up and involve many local partnerships.)
Democratic form The two autonomous regions have political self-determination and are directly elected, with legislative and executive powers on regional issues within the limit of the constitution. 
Autonomy As noted, mainland regions are purely decentralised administrative units. The regions of the Azores and Madeira have a high level of autonomy. 
Functions The autonomous regions have legislative powers and structure the services which are of concern to the regions. They have their own flags, stamps and anthems.
Sources of finance  
Control of total public expenditure  

SPAIN

 
Tiers of government Regionalised unitary state (quasi federal) with three levels of devolved government: 17 regions (autonomous communities), provinces and municipalities.
Population range of regions  Smallest region: Navarra 540,000 Largest region: Andalousia 7.3 million 
Historical formation The 1978 constitution, principally in response to pressure from historic regions, allowed for three routes to regional autonomy, which distinguished ‘fast track’ and ‘slow track’ regions. Originally intended mainly for the historic regions of Catalonia and the Basque Country, it led to the creation of 17 elected autonomous regions, partly as a result of ‘autonomy fever’. Some regions can claim a long-standing historical identity (such as Catalonia) whilst others cannot (Cantabria, for instance). 
Democratic form The regions are highly asymmetrical. Each region has its own state of autonomy with its own regional institutions: president, executive, parliament, public service and high court of justice. The regional assemblies are directly elected by regional list PR and vary in size from 33 to 135 members. The president is elected by the regional assembly.
Autonomy The level of autonomy differs between the ‘historic’ regions and others, although there has been a degree of convergence in recent years. The historic regions (notably the Basque Country and Navarra) have almost complete financial autonomy, their own police service, health and education systems. Other regions have more modest degrees of autonomy. The constitution allows for variable competencies both across different regions and within the same region over time. Competencies are established through bilateral negotiation with the centre. 
Functions Functions differ between the historic regions and others. All regions have exclusive responsibility for education, health, urban planning, public works, agriculture, culture, and social services. Shared powers include supervision of local government, transport policy, and environmental protection. A number of the historic regions have their own police forces, civil law provision in some fields (such as inheritance), and special tax systems which amount to almost complete financial autonomy (as above). 
Sources of finance Average across all regions: 
  • Ceded taxes 10%
  • Block grant 35% 
  • Tied grant 45% 
  • Borrowing 9% 
  • Other 1% 
Control of total public expenditure 36.28%

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