Scottish Office Publication

Parliamentary Practices in Devolved Parliaments

6: A summary of devolved Parliaments in Europe

6.0 Introduction

This section gives details of the various legislative Parliaments in existence in those states in Western and Central Europe that have a system of devolution (including federal systems). The definition is aimed to include all elected bodies that exercise legislative authority. Most such bodies are called Parliaments, although some, even though exercising such authority, are known by other terms. Bodies which essentially exercise local authority powers, or are otherwise without legislative authority of their own, are excluded. In addition, the cantonal legislatures of Switzerland have been excluded, primarily because the confederal nature of the state distinguishes it to a great degree from other European states with devolved or federal systems, and also for practical reasons given the number of cantons and the limited time available for this research. The Channel Islands and Isle of Man arrangements are also not considered, as having a unique constitutional status.

6.1 Austria

Overview

Austria is a federal state, made up of 9 states (Länder). Each has its own legislative assembly (or parliament), with a Land government elected by the Land parliament. In addition, the Land parliaments nominate all the members of the Upper House, Bundesrat, of the federal parliament. The table below ⁸⁴ gives details of the number of MPs in the Land parliament, and also its representation in the Bundesrat. Each Land has its own Constitution.

The powers of every Land are the same, and are laid down in the Austrian constitution. They do not derive from the central state.

The responsibilities of the Länder Parliaments

The Austrian Constitution lays down that a matter is reserved within the legislative competence of the Länder if it is not specifically transferred to the federal level. In addition, the implementation of federal legislation can be devolved to the Länder, for example by leaving it to the Länder to pass the detailed legislation required to "flesh out" framework legislation passed by the federal parliament. In practice, however, the federal Parliament has acquired considerably more legislative authority than the Land parliaments, and the main political matters are reserved for federal legislation.

The Länder are principally responsible for strategic planning, various environmental matters, regional and local government, sport, tourism, housing, and pre-school education, amongst others. The implementation of federal legislation is devolved to the Länder in a number of areas including aspects of health and personal social services, land reform, and electricity.

Relations between the federal state and the Länder

As mentioned above, the legislative and political process is effectively dominated by the federal level. However, the Länder do have some influence over federal legislation by their rights to nominate the members of the Bundesrat. However, both in terms of constitutional law, and in actual political reality, the Bundesrat is in a weak position vis-à-vis the federal government. The Bundesrat veto of federal legislation can be overridden by the lower house of the federal parliament.

TABLE 6

LANDER OF AUSTRIA

Land	Population	Number of MPs in Land Parliament	Number of Bundesrat seats
Burgenland	270880	36	3
Kärnten	566263	36	5
Niederösterreich	1602364	56	12
Oberösterreich	1372851	56	11
Salzburg	511614	36	4
Steiermark	1228795	56	10
Tirol	658498	36	5
Vorarlberg	353799	36	3
Vienna	1539848	100	11

6. 2 Belgium

Overview

Since the Belgian state was established in 1830, the linguistic division between Flemish and French speakers has been a major factor in the country's political development. Since the latter part of the 19th century, constitutional measures to reflect the linguistic divide were frequently enacted, culminating in the 1993 Reform of the Belgian Constitution which transformed the country into a fully federal state.

An unusual feature of the new system is that it divides Belgium into both Regions and linguistic Communities, all with their own legislative assemblies. The new Constitution gives powers to:

three Communities : the French, Dutch (i.e. Flemish), and German-speaking Communities.
three Regions : the Walloon Region (French speaking) - population 3.3 million; Flemish Region (Flemish speaking) - population 5.8 million; and Brussels (bi-lingual, majority French-speaking, but with a significant Flemish-speaking population) - population 0.9 million.

The German-speaking linguistic area is physically situated within the Walloon Region. The German-speaking population numbers approximately 70,000.

Using a provision of the Constitution, the Dutch-speaking Region has devolved the exercise of its powers to the Flemish Community Council. The structure of the federal state is therefore now as follows:

the Flemish Council (Region and Community);
the Walloon Regional Council;
the Brussels-Capital Regional Council;
the Council of the French-speaking Community;
the Council of the German-speaking Community;
together, of course, with the federal Parliament (and King).

The Regional and Community Councils are the Parliaments of their respective entities, and some Councils are normally described as such.

The responsibilities of the Regional and Community Parliaments

Both the Regions and Communities have a wide range of powers vested in them, for which they legislate⁸⁵ and in respect of which they implement legislation and administer the machinery of the state. The principal powers vested in the Regions and Communities are the following.⁸⁶

Communities

Culture (including media, tourism, and leisure)

Education

Health and Social assistance

Language issues (for the French-speaking and Flemish communities only⁸⁷)

Scientific research

Certain supervisory rights over local government (which are primarily, however, within the powers of the Regions)

Regions

Town and country planning

Most environmental matters

Housing

Agriculture

Economic policy

Energy policy

Employment policy

Public works and transport

Scientific research

The Brussels-Capital Region, as well as exercising the same powers as other Regions, also exercises certain local government powers within Brussels (although there are also nineteen local councils within Brussels). Legislation of the Flemish and French-speaking Communities in their field of competences are both binding within Brussels, being a bi-lingual Region, and the implementation of such legislation is the responsibility of the Brussels Community Commissions - French-language, Flemish, and Joint.

Both the Communities and the Regions raise their own taxes and share certain taxes with the federal state. They also have borrowing powers (with some qualifications).

The federal, Regional and Community Parliaments may each conclude international treaties in respect of those matters over which they have exclusive competence.

Number of MPs in each Regional and Community Parliament (together with the size of their Governments)

Flemish Parliament: 124 members (118 directly elected in the Flemish Region, and 6 of the Dutch-speaking Council members of the Brussels Region)

The government consists of 11 members, elected by but not necessarily from the Council.

Walloon Region Parliament: 75 members directly elected from the Region

The government consists of 7 members, elected by but not necessarily from the Council.⁸⁸

French-speaking Community Council: 94 members (the 75 members of the Walloon Regional Council and 19 of the French-speaking Council members of the Brussels Region)

The government consists of 4 members, elected by but not necessarily from the Council.

Brussels-Capital Region Parliament: 75 directly elected members (divided into French and Dutch language groups, depending on the results of the elections - at present the division is 65 French and 10 Dutch.)

The government consists of 5 members, elected by the Council from amongst its own members, consisting of a President and two members from each of the French and the Dutch language groups. The Council of the Region, on the proposal of its Government, also elects from amongst its members three Secretaries of State (one of whom must be from the Dutch-language group) who are not members of the Government but entitled to attend its meetings.

Decisions of the Government are collegial and must have the approval of all its members.

German-speaking Community Council: 25 members directly elected from within the German-speaking region.

The government consists of 3 members, elected by but not necessarily from the Council.

Members of Regional or Community governments cannot at the same time be a member of the federal Government.

Relations between the federal state and the Region and Community Parliaments

The interests of the linguistic communities are reflected in the composition of the federal Upper House, Senate. The Senate consists of 71 senators (together with certain members of the royal family), comprised as follows:

10 appointed by the Flemish Parliament
10 appointed by the French Community Council
1 appointed by the German-speaking Community Council
25 directly elected from the Flemish electoral college
15 directly elected from the Walloon electoral college
6 co-opted by Dutch-speaking senators
4 co-opted by French-speaking senators

Provisions also exist allowing the relevant directly elected senators to participate (in an advisory capacity) in the Flemish, French Community, Walloon Regional and German-speaking Community Councils. There are also similar procedures providing for cooperation between the federal Government and that of the Brussels-Capital Region.

The division of powers between the different levels of government is constitutionally protected.⁸⁹

The business arrangements and procedures of the Regions and Community Councils

The different Parliaments have a wide degree of autonomy in deciding their own internal arrangements.

The degree of autonomy varies, however. The Flemish Parliament, the French Community Council, and the Walloon Regional Parliament have an extensive degree of autonomy in deciding how they will operate, which includes the following matters:

number of MPs and the constituencies for elections;
changes to number of members of their governments and the rules under which they operate;
status and financial allowances of members.

6.2.1 The Parliament of the Walloon Region

The Parliament elects, in proportion to the strengths of the political groups, its President, two Vice-Presidents, and six Secretaries who together form the Bureau of the Walloon Parliament. This is responsible, inter alia, for proposing the agenda of parliamentary sessions and programme of committee meetings. Chairs of the Parliament's Standing Committees may be invited to its meetings.

The minimum number to form a parliamentary political group is 5. Each group receives finance from the Parliament on a formula comprising a lump sum (approximately £20,000 per year) and an addition per vote cast (approximately £1 per vote).

Any MP may make a proposal for an amendment to standing orders. They are put before the President of the Parliament. If he or she considers them to be admissible, they are sent to the relevant committee for consideration.

6.2.2 The Parliament of Brussels-Capital Region

The Parliament elects a Bureau, consisting of its President, three Vice-Presidents and seven Secretaries. It is responsible for the internal administration of the Parliament. The enlarged bureau, which also includes the leaders of the parliamentary party groups is responsible for drawing up the programme for sessions of the Parliament and its daily agenda.

A parliamentary party group must have a minimum of 10% of seats in the relevant language group.

The Parliament's session normally lasts the entire year.

Standing Orders are decided upon by the Parliament itself, on the basis of proposals considered by the enlarged bureau. Individual members may make proposals for changes for consideration by that body.

6.3 Denmark : Faroes and Greenland

Although Denmark proper does not have a system of devolved government, extensive devolution has been granted to the Faroe Islands (in 1948) and to Greenland (in 1979), which have their own elected assemblies and governments. The scope and system of devolution is generally similar in both cases.

The number of members of the assemblies and their governments

The Faroes legislature has 32 members. The Greenland legislature has 27 members. Both are unicameral. In each case, there is a small Executive Council (normally between three and six members) elected by and from the assembly, who chooses one of the Executive to be the Chairman - in effect, Prime Minister.

The responsibilities of the assemblies

In both cases, the relevant legislation listed the areas of potential legislative competence of the home rule assemblies. Actual competence is transferred at the request of the home rule authority or the Danish government. In general terms, when a function is taken over by the home rule authority, it takes over administrative and legislative competence, and responsibility for financing that sector.

In the case of the Faroe Islands, matters now dealt with locally include the operation of the home rule assemblies and governments, housing, schools, social services, trade laws and local taxation. In the case of Greenland, matters now devolved include the operation of the home rule assemblies and government, local taxation, fisheries, planning, education, social welfare and labour.

There are also provisions for matters not devolved legislatively to be administered by the home rule authorities, either entirely or jointly with the Danish authorities. Danish legislation affecting Greenland or Faroe Islands is generally submitted for comment to the relevant home rule authority before enactment. The Danish government retains responsibilities over the foreign affairs, defence, and judicial and monetary systems of the Faroe Islands and Greenland. However, notwithstanding these retained powers, both home rule authorities are able to conduct international negotiations on trade matters, and have exercised this power in deciding not to join the European Community (in the case of the Faroe Islands) or to leave it (in the case of Greenland). There are other provisions giving the home rule authorities certain rights to influence decisions of the Danish government in foreign affairs where these are of particular importance to the relevant home rule territory.

Both islands have a small population (in the region of 50,000).

Relations with the central government

See above section.

Both Faroes and Greenland elect two members each to the Danish Parliament.

6.4 Finland : the Aland Parliament

The Aland Islands (see section 3 for more details) have a considerable degree of autonomy. Aland has a directly elected unicameral legislative Parliament with 30 members. The Parliament appoints a candidate for the post of "Prime Minister"(Landtrad) of the government, whose task is to attempt to put together an Executive Council, drawn from the Parliament, which has majority support in the Parliament. If that cannot be done, the Executive Council is elected by proportional elections in the Parliament.

The responsibilities of the Aland Parliament

Under the Autonomy Act, the Aland Parliament has legislative authority over a wide range of internal matters, including education and culture; police; local government; health; social legislation; promotion of industry; TV and radio. Under the Autonomy Act, further legislative competence in some specified areas, including banking, aspects of labour law, and social insurance may be transferred at a later date to the devolved authorities. Where the Aland Parliament does not have legislative competence, the Finnish Parliament may legislate.

Areas falling within the competence of the Finnish Parliament at present include the criminal and most aspects of the civil law, the monetary system, labour legislation, and land law. Foreign affairs fall within the competence of the Finnish state, but any international treaties affecting Aland have to be approved by the Aland Parliament. (One effect of this provision is that Aland, although it became part of the EU along with Finland, has an agreement with the EU giving it certain special rights). Furthermore, if the Finnish Government enters into negotiations with a foreign state over matters within the competence of Aland, the Finnish government must keep the Aland Executive Council informed, and in some cases be involved in the negotiations.

Taxation is reserved to the Finnish state, but the Autonomy Act includes provisions whereby funds are allocated to Aland based on a formula which takes into account tax revenues raised in Aland.

The Aland Executive Council has administrative competence over matters in which the Parliament has legislative competence, and also carries out administrative functions for the Finnish state in other matters.

Relations between the devolved Aland Parliament and the Finnish state

As described above, the Finnish President does have limited veto rights over Aland legislation. Mention should be made of the "Aland Delegation". This is a body of experts, half appointed by the Finnish government and the other half by the Aland Parliament. As well as issuing opinions on proposed Aland legislation, the Delegation can also award Aland an extra-ordinary financial allocation in the case of unexpected non-recurrent expenditure.

Aland also has some rights requiring its approval or consultation in certain administrative actions of the Finnish state which have an effect on Aland.

Aland sends one member to the Finnish Parliament.

6.5 Germany

Overview

Germany is a federal state, made up of 16 states (Länder). Each has its own legislative Parliament, and also sends representatives to the second chamber, Bundesrat, of the Federal Parliament. A list of the Länder, including the number of MPs in each of their parliaments, is given in Table 7 below.

Three of the Länder (Bremen, Hamburg, and Berlin) are comprised of cities, and in the first two cases, the Land Parliament fulfils the functions of local government as well as having all the powers of a Land Parliament.

Unlike most other European countries with a system of regional government, where power is essentially devolved from the central state (even though there might be constitutional guarantees of regional government), Germany is a fully federal state in which the states (Länder) are sovereign, within limits, along with the federal state itself. Moreover, the structure of federalism is essentially the same throughout the federal state ; all Länder have the same powers and competences.

Each Land has its own Constitution. Certain basic principles must be incorporated into the Constitution, but there is a wide degree of discretion open to each Land as to the form and contents of its Constitution. In fact, the essential constitutional scheme in each Land is similar, but there are some differences, e.g.

The qualifying age for voting, or election, can differ, and the electoral term of the Parliament can vary.
All Land Parliaments are unicameral (although until 1998 the Bavarian Land Parliament was bicameral).
In some cases, the Minister President (Land "Prime Minister") can appoint his or her Ministers to form the Land Government. In other cases, the appointment of Ministers by the Minister President requires the approval of the Land Parliament. In others, the entire Executive, the Land Government, is elected by the Land Parliament.
There are different provisions regarding the use of popular referendums in different Länder.

The responsibilities of the Länder

Notwithstanding the federal structure of the state, the legislative competence of the Länder is relatively limited, and legislative authority has generally been considered over the years to have tended to become more centralised in the federal state. On the other hand, the Länder exercise extensive administrative devolution. Furthermore, the Länder, through the constitution of the upper house of the Federal Parliament, Bundesrat, have an important voice in the passage of federal legislation.

The division of legislative powers between the Federation and the Länder is as follows:

in matters of exclusively federal legislation the Länder have the right to legislate only where and to the extent that they are explicitly empowered by federal law ⁹⁰ (e.g. foreign affairs, defence, nationality, currency).
where concurrent legislation is concerned, the Länder have the right to legislate as long as and to the extent that the Federation has not exercised legislative powers.⁹¹Concurrent legislation includes civil and criminal law, economic affairs, labour law, housing, air pollution. By and large, the Federation has in fact exercised those powers, leaving little legislative discretion to the Länder.
the Federation can also pass framework legislation in certain areas which the Länder may then pass detailed legislation as to application (e.g. higher education, regional planning).⁹²
There are also a number of functions where the Basic Law provides for joint responsibility between the Länder and the Federation ⁹³ , e.g. improvement of regional economic structures and regional agricultural structures. Here again, the Federation has in practice legislated almost exclusively.
The Länder have residual legislative competence in those areas where the Federation does not have, or has not exercised, legislative powers.⁹⁴ This now means primarily most matters of education and culture, together with municipal law and police matters.

On the other hand, the Länder exercise extensive administrative authority:

they implement administratively both their own legislation, and (with a few exceptions) that of the Federation. Moreover, the manner in which the authorities of the Land implement such federal legislation is a matter for the Land.
they execute a number of Federal laws as agents of the Federation.

Direct Federal administration is limited to a few areas such as foreign affairs and defence, and customs. The Länder, for their part, may implement their administrative responsibilities directly, or through the local government system in their Land.

Relations between the Land and federal Parliaments

An essential feature of the German federal system is that although their own legislative competence is relatively limited, the Land Parliaments play an important role in the legislative and other activities of the federal state.

The German Basic Law lays down that "The Länder shall participate through the Bundesrat in the legislative process and administration of the Federation and matters concerning the European Union".⁹⁵ The Bundesrat is made up of representatives of the Land governments ⁹⁶. In areas which significantly affect the interests of the Länder (including those taxes in which the Länder or local councils have a share), the Bundesrat can effectively veto legislation.

The Länder also play a part in the election of the Federal President, judges of the Federal Constitutional Court, and presidents of the central banks of the Länder. As well as these formal mechanisms, however, a particular feature of the German political system is the way in which a whole range of mechanisms have developed to facilitate co-operation and co-ordination amongst the different levels of government. These operate both at Land-Federation level, and also amongst the Länder themselves. These mechanisms of the state machinery are paralleled by networks within the political parties and other organisations which further tend to encourage co-ordination and development of policy at a Federal level. On the other hand, it should be noted that many institutions of the Federal state are themselves decentralised throughout Germany, as are headquarters activities of bodies such as business corporations and trade unions.

Relationships between the central state, and the Länder and their Parliaments, cannot properly be appreciated in isolation from the complex network of links connecting the various levels of German government and wider society. The essence of the German state is well described in the following quote:

"It is certainly correct to characterise Germany as a decentralised state. Yet it is important to add that the decentralised actors do not have a wide scope for autonomous action, but are strongly dependent on each other....there has been a trend to unitarization through the progressive harmonisation of administrative rules and standard operating procedures (e.g. Conferences of State Ministers)....German federalism is thus characterised by a strange combination of decentralisation of autonomous bureaucracies with substantive harmonisation of policies and highly developed procedural autonomy."⁹⁷

It is, moreover, a relationship in which the balance of influence has shifted one way and then another. After a long period when commentators generally accept the power of the Länder relative to the federal state had diminished, in recent years there have been some developments which have led to some increase in the influence of the Länder.⁹⁸

Two other relevant points concerning Federal-Land relationships may be noted. First, the Land Parliaments may if they wish debate matters which are in the legislative competence of the Federation, but cannot pass any bill on that matter.⁹⁹ Secondly, Länder Ministers are frequently invited to give evidence to or discuss matters with committees of the Bundestag, and although there is no constitutional obligation for them to attend, they invariably do so. On the other hand, no Land parliament or committee would be able to summon a Federal Minister, and information would normally be supplied via the Federal government to the Land government.

The business arrangements and procedures of the Länder Parliaments

These are matters which fall within the legislative competence of the various Länder. Each Land Parliament is able to draw up its own Standing Orders. The main features of the arrangements in the five Länder previously referred to are as follows:

Schleswig-Holstein

The agenda of the Land Parliament is decided by the Parliament on the proposal of the President of the Parliament.

The Parliament normally meets three days in each month, between 10.00 am and 1.00 pm and 3.00 pm and 6.00 pm.

The Parliament itself decides upon its Standing Orders at the beginning of each electoral term, and decides upon any alterations.

Lower Saxony

The Land Parliament elects a "Presiding Committee" made up of the President of the Parliament, with deputies and secretaries. This has a responsibility of working with the Parliament President on matters concerning the administration of the parliament.

The Land Parliament also elects a "Council of Elders", which advises the President of the Parliament on various matters concerning the business of Parliament, including the annual timetable of business and the agenda of individual sittings of the Parliament.

Parliamentary political groups receive allowances for their activities. These sums are calculated on the basis of a basic amount for each group, a per capita sum for each member of the group, and an opposition allowance for each member of an opposition group. It may also be noted that the Parliament makes use of an independent external committee to advise on appropriate levels for members' emoluments.

Upper Saxony

The programme for each session, and its daily agenda, sitting of the Land Parliament is considered by the "Council of Elders", which comprises the President of the Parliament, its two Vice-Presidents, and 13 other MPs.

The Land Parliament meets for two days in every month. On the first day, it sits from 10.00 am to 8.00 pm, and on the second day from 9.00 am to 4.00 pm (or later).

The Standing Orders of the Land Parliament are decided by the Parliament at the beginning of each electoral term. The same procedure that applies in the case of legislative proposals¹⁰⁰ is used for amendments to the Standing Orders. The Council of Elders can make recommendations for amendments to the Standing Orders without the need for a request from the Land Parliament.

The Council of Elders decides any questions of interpretation of the Standing Orders.

Hamburg

The Parliament normally meets every two weeks, for sessions lasting one or two days. Sessions begin at 3.00 pm, and must end by 10.00 pm.

The Standing Orders of the Parliament are drawn up by its Committee on the Constitution, Rules of Procedure, and Election Scrutiny, and approved by the Parliament in plenary at the beginning of each electoral term, and decides upon any alterations.

The President of the Parliament is responsible for decisions on the application of the Standing Orders.

Saxony

The Parliament elects a Presiding Committee consisting of the President of the Parliament, its two vice-presidents, and 13 MPs, elected in accordance with the strengths of the parliamentary political groups. Its functions include fixing the schedule and agenda for plenary sessions.

The Land Parliament normally meets in plenary for two days in every month, and the committees once a month. Plenary sessions normally last from 10.00 am to 8.00 pm, sometimes 10.00 pm.

The Standing Orders are decided upon at the beginning of each electoral term by the Parliament. During sessions, questions of interpretation of the Standing Orders are decided by the President of the Parliament. At other times, they are dealt with by the Standing Committee on Standing Orders and Parliamentary Privilege. Amendments to the Standing Orders can be proposed by 20 MPs, and after review by the Standing Committee can be adopted by the plenary, on a two-thirds majority.

The minimum number of MPs required for a parliamentary political group to be recognised is 6.

TABLE 7 ¹⁰¹

THE LANDER OF GERMANY

Land	Population	Members of the Bundesrat	Members of the Land Parliament
Baden Wuerttemberg	10.3 mill	6	155
Bavaria	11.9 mill	6	204 Parliament 60 Senate*
Berlin	3.4 mill	4	206
Brandenburg	2.6 mill	4	88
Bremen	0.7 mill	3	100
Hamburg	1.7 mill	3	121
Hesse	5.9 mill	5	110
Lower Saxony	7.7 mill	6	161
Meckleburg- Vorpommern	1.8 mill	3	71
North Rhine/Westphalia	17.8 mill	6	221
Rhineland Palatinate	3.9 mill	4	101
Saarland	1.1 mill	3	51
Saxony	4.6 mill	4	120
Schleswig Holstein	2.7 mill	4	75
Thuringa	2.5 mill	4	88

6.6 Italy

Overview

The 1948 Constitution of Italy provided for regional government throughout the state. Five so-called 'special' regions were established shortly thereafter: Sicily, Sardinia, Valle d'Aosta, Trentino-Alto Adige, and Friuli-Venezia-Giulia. . These were located in the major islands or in areas with significant linguistic minorities. However, in most of Italy, regions were not established until 1970, and it was not until several years thereafter that regional constitutions were established, administrative responsibilities transferred, and financial arrangements put in place.

Italy is now divided into 20 regions, of which 5 are the 'special' regions referred to above. The average population of each region is 2,800,000, varying from just over 100,000 (Aosta) to approximately 9 million (Lombardy).

All regions exercise a degree of legislative and administrative devolution, the 'special' regions to a greater extent.

In each region, there is a directly elected assembly. The size of the assembly varies from 30 to 80. The assembly enacts legislation, and elects an executive (the regional junta), including its president. The president is a significant political figure. The regional assembly normally has a number of sub-committees. The executive runs the regional administration. The executive will normally consist of leading members of the assembly committees relating to its main policy responsibilities.

For example, in Lombardy, one of the largest 'ordinary' regions, the assembly in 1990 formed six standing committees, dealing with (i) regional development; (ii) planning and budgetary affairs; (iii) institutional, cultural, and educational affairs ; (iv) social security; (v) economy and land use; (vi) environment and energy. Its regional executive consisted of a president, a deputy president, and fifteen assessors, effectively the ministers running the region's administration.

A person cannot be a member of a regional council and a national MP at the same time.

The responsibilities of the Regional Councils

The Italian Constitution gives the region legislative competence over a number of functions, most significantly in some areas of education and training, economic development, environment and urban planning, and transport.¹⁰² In addition, the Constitution allows other legislative responsibilities to be added by the central state. However, these legislative powers are concurrent with those of the state Parliament, not exclusive, because the central Parliament will set down framework legislation - often detailed - within whose parameters the region is restricted. Furthermore, the region is able to legislate only where its legislation does not conflict 'with the interests of the Nation, or other Regions'.

The actual exercise of their legislative competence by Italian regions has been relatively limited in its significance (although by no means negligible in scope ; it has been calculated that on average each region passes between 25 and 60 pieces of legislation each year). Regional legislation tends, however, to be similar from region to region, primarily because it is strongly influenced by central government policy choices.

There are also a number of functions of the central state which have been administratively devolved to the Regions, of which the health service is most significant. However, this devolution is very much administrative in nature, leaving little scope to the Region to exercise discretion in its implementation.

The financial autonomy of the region is also limited.

The 'special' region The position of the 'special' regions is somewhat different. Each 'special' region has its own statute, and the degree of autonomy varies from region to region.¹⁰³ They do have, theoretically, exclusive legislative competence over those responsibilities assigned to them, although the central state effectively retains powers to override regional legislation. The legislative powers of the special regions can include education (as in Sicily and Aosta), and local police (Aosta). They also raise 60% of their finance from local taxes ; in the case of Sicily, most national tax revenues are collected locally, and a proportion then remitted to the national government.

Relationship between the Regional Councils and the central Italian state

The central state retains important controls over the legislative and other activity of regional councils. Regional legislation must be submitted for approval to the Government commissioner in the region. If the government is opposed to the legislation, and the region then approves the measure again by an absolute majority, the government can then submit the measure to the state Constitutional Court if it considers the measure to be beyond the region's powers (or, in theory, to Parliament if it conflicts with national or other regional interests, although this latter mechanism appears not to have been used in practice).

A regional council can also be dissolved by Presidential decree if it acts unlawfully, or it cannot function due to resignation of members or the lack of a majority, or on the grounds of national security. New elections must be held within three months.

In its turn, however, the region has some important powers vis-a-vis the central state, although ones which by their nature can only be used infrequently:

a regional council may propose Bills to the Italian Parliament;
if 5 or more regional councils so request, a national referendum is held on whether or not a piece of national legislation should be repealed (there are other mechanisms for calling a national referendum such)
regional council representatives take part along with both Chambers of the national Parliament in the election of President of the Republic.

General

Formally, the Italian region (even the 'special' region) has a limited degree of autonomy from the central state. However, commentators tend to the view that the influence of the region is more extensive than it might seem at first sight. This is because bargaining between different units of the Italian state is a particularly important feature of the political system, and the changes in Italian politics since the late 1980s have allowed regional governments and assemblies to extend the practical scope of their powers. For example, the central state makes extensive use of committees in which the regions are represented. There is an extensive network (at least a hundred) of regulatory and allocative committees in which regional representatives are normally represented along with the central state whenever a new task is imposed on the regions.

The Regional Council will tend to meet once a week, except during the summer break.

6.7 Portugal

The Portuguese constitution of 1976 granted the constitutional status of Autonomous regions to the island territories of Azores and Madeira. Both island groups have a population of approximately 250,000.

The constitution also envisaged the establishment of regional government elsewhere in Portugal, but the system has never been put into effect. Indeed, proposals for its implementation in mainland Portugal were rejected by a large majority in a referendum in late 1998. Accordingly, it is only Madeira and Azores that have been given a degree of devolution.

In both cases, legislative authority is exercised by a unicameral Regional Assembly. Executive authority of the Portuguese state is delegated over most internal affairs to the Regional Governments, headed by a President elected by and from the Regional Assembly. The President nominates the members of the government.

The Azores Regional Assembly has 43 members.

The responsibilities of the Regional Assemblies

The Regional Assemblies may legislate on matters of special interest to the region, exercise executive authority over regional legislation, and draw up regional economic plans. They can raise local taxes and spend the bulk of their proceeds. They also have the right to participate in negotiation of international treaties where of concern to the islands, and to participate in the drawing up of fiscal, monetary, financial, and foreign exchange policy.

Azores elects 3 MPs, and Madeira 2 MPs, to the Portuguese Parliament.

6.8 Spain

Overview

Spain has a total of 17 Autonomous Communities. Each was granted devolution in the terms of a Statute of Autonomy passed by the Spanish parliament which defines their powers and defines the institutions of the region in question. A basic framework, however, is set down for all regions. All have:

a legislative assembly or parliament to be elected by proportional representation (in a manner, however, that "assures representation of the various areas of the Community");
a Governing Council (an Executive) with executive and administrative functions ;
a President elected by the Assembly from amongst its members, and (formally) appointed by the King of Spain. The President and the members of the Governing Council are to be "politically responsible before the Assembly".
a High Court of Justice (without prejudice to the jurisdiction exercised by the Spanish Supreme Court).

The number of members of each regional Assembly varies. A list of the Autonomous Communities, together with the number of members of each of their Assemblies, is given below.¹⁰⁴

The president of the Autonomous Community has three main functions : (i) to act as symbolic head of the Community; (ii) to act as head of its Executive and administration ; (iii) to nominate and dismiss members of its Executive. The president can normally only be dismissed if he or she loses the confidence of the regional assembly. This can only be done by a "constructive vote of no confidence", giving the name of an alternative president, which to be effective must be carried by an absolute majority.

The Executives consist of the president, any vice-presidents, and the ministers who together carry out the executive and administrative functions of the Community. The Executive is collectively responsible to the relevant assembly or parliament for its overall policies.

In Catalonia, the Basque Country, and Galicia, the President of the Autonomous Community has the power to dismiss the assembly, by virtue of provisions of the respective Community's legislation.

The development of Autonomous Communities in Spain was a product of the restoration of democracy after the end of the highly-centralised Franco regime. Two areas - Catalonia and the Basque Country - were quickly given autonomy on a transitional basis. The new Spanish constitution adopted in 1978 made specific provisions for the possibility of Autonomous Communities in any region which desired. Following various political developments, the arrangements for devolution eventually resulted in the establishment of Autonomous Communities in every region (in some cases against local opposition). For a variety of reasons, the degree of autonomy granted to the regions varied. Broadly speaking, however, there are seven Autonomous Communities - Catalonia, Basque Country, Galicia, Navarre, Valencia, Andalusia, and the Canaries, with a higher level of autonomy than the rest. (It should be noted, however, that in the 1992 Regional Self-Government pact, the central government recognised the right of all regions to move in time towards the level of autonomy granted to those with higher autonomy, although indications were also given that there would also be differences in the extent of autonomy granted, and that Catalonia and the Basque Country in particular would always have a greater degree of autonomy than other Communities.)

The responsibilities of Autonomous Communities

These can vary substantially between the different regions. Essentially, however, the difference is that the Communities with a higher degree of autonomy exercise all the minimum regional responsibilities outlined in the constitution, but also with extra powers granted under their own statute.¹⁰⁵ The other regions were given the power initially only to exercise the minimum regional responsibilities initially (with provision for further transfers from the central state by reforming the relevant Statute of Autonomy).

The Autonomous Communities exercise both exclusive competence over certain functions of government, and shared and concurrent powers with the central state over other functions. (However, the exclusive competence only extends as far as it does not impinge upon the exclusive competence of the central state). In their fields of competence, the Autonomous Communities exercise both legislative and administrative devolution. They may also administer certain functions for the central state, and (as detailed below) may in certain cases legislate to provide for the detailed implementation of framework legislation passed by the central Parliament.

Autonomous communities can generally be granted legislative and administrative competences¹⁰⁶ over a number of functions, of which the following are the most significant :

internal organisation of their institutions of self-government
local government
housing and urban planning
railways and roads completely within the region
agriculture
economic development of the region "within national economic policy objectives"
culture
tourism
social assistance
health and hygiene

Regions can also acquire competence over any other functions which, in the case of the regions with higher level of autonomy were granted in the founding Statute of Autonomy, and in the case of others, are granted by subsequent transfer from the central state.

A number of powers are expressly reserved to the central Spanish state¹⁰⁷, of which the following are the most significant:

international relations, defence, and nationality
administration of justice
foreign trade and customs and excise
railways and roads which extend through more than one region
monetary system and the currency
state finance.

There are also a number of functions where the central state is given legislative competence of a general nature, but where the regions can also be given a role, including the following:

aspects of criminal and civil law
general co-ordination of planning and economic activity
general co-ordination of health policy
labour legislation "without prejudice to its execution by the regions"
social security "without prejudice to its execution by the regions"
environmental protection "without prejudice to the ability of the regions to establish additional standards of protection".
public security "without prejudice to the possibility of the creation of [regional police forces in a manner to be established]."

However, notwithstanding the description of some functions as being within the exclusive competence of the Spanish state, it is possible for some of these functions to be transferred to the Autonomous Community if the relevant Statute of Autonomy so allows, by means of delegation to the relevant Assembly the power to implement legislation within the framework of central state legislation.

The Autonomous Parliaments vary in the extent of their legislative activity. In the "low-autonomy" Communities, the number of bills passed may be less than ten each year (as compared, for example, with Catalonia, where after it was established began to pass bills at a rate of approximately twenty per year).

The bulk of the finance for the Autonomous Communities comes from grants from the central state. The Autonomous Communities have in theory a small amount of tax raising power. They can raise taxation in any area not otherwise taxed by the state, but only a very small number of regional taxes have been introduced. They can also implement surcharges on ceded taxes (set at central level, but collected regionally), and on income tax, but once again this power has hardly even been used.¹⁰⁸

The business arrangements and procedure of the Assemblies/Parliaments of the Autonomous Communities

Each assembly has its own President, who controls the everyday running of the assembly, and is assisted in this function by a presiding council. Each has established a standing committee to look after business when the Parliament is not in session. All work through plenary sessions and committees, with normal working sessions from September to December and from February to June.

In each Autonomous Community, the majority of new legislation emanates from its Executive.

Detailed consideration is given below of the business arrangements and procedure of the Catalan Parliament. The position in the Basque Parliament is broadly similar.

The business arrangements and procedure of the Parliament of Catalonia

There are various mechanisms in place to organise the business of the Parliament:

the day-to-day order of business is decided in the case of the Plenary Assembly by the President of Parliament under criteria established by the Council of Spokesmen, and in the case of Committees, by the corresponding Committee Board, in agreement with the President of Parliament ;
the Council of Spokesmen consists of the spokesperson for each parliamentary political group, together with the Parliament's President and one of its Secretaries. It is responsible for laying down the criteria for the ordering of the business and debates of Parliament, and the sending of bills and other matters to the appropriate Committee;
the Presiding Board comprises the President , two Vice-Presidents, and four Secretaries, of Parliament. All are elected by the Plenary Assembly. The Presiding Board's responsibilities include the organisation of the work of Parliament, the interpretation of Rules of Procedure, and the management of parliamentary departments.

The Plenary Assembly of the Parliament is convened either by its President, or at the request of at least three parliamentary political groups, or at least 20% of its Members.

A parliamentary political group must have a minimum of five members.

Relations between the Spanish parliament and the Autonomous Communities

The assemblies appoint from their number Senators to represent the Autonomous Community in the Spanish Senate (20% of the Senate is made up of members appointed by regional assemblies). In addition, they have a right on certain matters to initiate legislation in the Spanish Congress of Deputies.

There is no constitutional bar on assemblies of the Autonomous Community debating matters reserved to the central state, but they cannot pass any legislation on such matters.¹⁰⁹

It should also be noted that the legislative basis of the scheme of devolution to the Autonomous Communities is not clear, and in some cases apparently contradictory. Not surprisingly, perhaps, there have been a large number of references to the Spanish Constitutional Court on the constitutionality of laws passed by the Autonomous Communities or by the central state. Both the central government and the Autonomous Communities may have proposed legislation referred. Between 1981 and 1991, the central government appealed to the Court against 120 of 1500 laws approved by Autonomous Communities, and the latter in turn appealed against 127 of the 528 laws approved by the central state. (It should be added, however, that the rate of references to the Court has since fallen sharply).

General

The system of devolution within Spain has been described as "asymmetrical". Whilst that description is accurate in that the extent, and to a limited extent the structure, of devolution varies from region to region, it should not be overlooked that Spain is now completely regionalised in one form or another. Moreover, the possibilities of further devolution provided for in the constitution are such that some commentators have suggested that Spain could be described as a state "in transition to federalism".

TABLE 8¹¹⁰

AUTONOMOUS COMMUNITIES OF SPAIN

Autonomous Community	Population	Number of Members of Assembly	"High/low" level of autonomy
Basque Country	2.1 mill	75	High
Catalonia	6.1 mill	135	High
Galicia.	2.7 mill	75	High
Andalucia	7.0 mill	109	High
Asturias	1.1 mill	45	Low
Cantabria	0.5 mill	39	Low
La Rioja	0.3 mill	33	Low
Murcia	1.1 mill	45	Low
Valencia	3.9 mill	89	High
Aragon	1.2 mill	67	Low
Castile La Mancha	1.7 mill	47	Low
Canary IsIands	1.6 mill	60	Low
Navarre	0.5 mill	50	High
Estrenmadura	1.1 mill	65	Low
Balearic Islands	O.7 mill	59	Low
Madrid	5.0 mill	101	Low

6.9 Conclusions

The devolved parliaments of Europe cover a wide spectrum, ranging from bodies with a wide degree of legislative power to those with much more limited functions. Their relations with the central state differ widely also.

Not surprisingly, therefore, their size and internal organisation also differ extensively. However, one feature which appears to be typical is the existence of some form of "Bureau" of the parliament, made up of the parliament's president, other officers (e.g. vice-presidents, secretaries), representatives of the parliamentary party groups, and sometimes chairpersons of committees. This body will have the responsibility for programming parliamentary business, as well as responsibility for the internal administration of the parliament's own affairs.