''Staatenverbund'' The German term has no equivalent in English though it might partially be translated as "confederation of states". is a

neologism A neologism Greek νέο- ''néo''(="new") and λόγος /''lógos'' meaning "speech, utterance"] is a relatively recent or isolated term, word, or phrase that may be in the process of entering common use, but that has not been fully accepted int ...

for a system of multi-level governance in which states work more closely together than in a

confederation A confederation (also known as a confederacy or league) is a union of sovereign groups or states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...

but, unlike a

federal state A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...

, retain their own sovereignty. The concept is used in Germany to describe the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

but has no direct equivalent in other languages. In German jurisprudence, a ''Staatenverbund'' is a supranational institution that may exercise sovereign acts (laws, coin money, etc.) but may not independently fix areas where it may exercise this power.

Origin

This concept was first used in 1992 by German jurist

Paul Kirchhof Paul Kirchhof (born February 21, 1943 in Osnabrück) is a German jurist and tax law expert. He is also a professor of law, member of the Pontifical Academy of Social Sciences and, a former judge in the Federal Constitutional Court of Germany (' ...

, although its initial meaning was not a legal one.''Die demokratische Legitimation der Tätigkeit Internationaler Organisationen''
(German) (PDF; 899 kB) The term became established in the jurisprudence of the German Federal Constitutional Court with its 1993 judgement on the

Maastricht Treaty The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, ...

Interpretation as a legal term

Subsequently, the concept has been taken in law and political scienceusually without any real awareness of its original meaningand was interpreted as the central position between a confederation and a federal form of government. In the

German Constitutional Court The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inc ...

ruling on the

Lisbon Treaty The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member sta ...

in June 2009, the concept of ''Staatenverbund'' was defined in a more legal framework.
The original German uses the word ''Staatenverbund'', which they translate as "association of sovereign states", rather than the word ''Staatenbund'' (confederation of states) or ''Bundesstaat'' (federal state). Thus, the

German Basic Law The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came in ...

, article 23 authorizes the Federal Republic of Germany to participate in the building and development of a European Union designed as federation. This concept involves a close and long-term relationship between sovereign states. On the basis of the

treaties of the European Union The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures ...

, the Union exercises the authority of government and its basic framework is available only to Member States and their peoples and thus

democratic legitimacy In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a regime. Whereas ''authority'' denotes a specific position in an established government, the term ''legitimacy'' denotes a system of governm ...

can only be done through the citizens of the Member States. Thus, a ''Staatenverbund'' is a supranational institution that may exercise sovereign acts (laws, coin money, etc.) but may not independently fix areas where it may exercise this power. In the EU, this is reflected by the principle of conferral f powers by member states according to which the institutions of the European Union may not issue standards unless they are allowed to do so by the EU treaties.

Notes

References

* ''This article is partially or entirely translated from the article in German Wikipedia entitled " Staatenverbund " ''.

Origin

Interpretation as a legal term

See also

Notes

References

Further reading