Fœderation (body politic)

A fœderation is a type of multinational political union where negotiated power is delegated to an authority by governments of member states. The concept of fœderation is sometimes used to describe at first the Newly Independent Polities of North Aegea –namely, the United Commonwealths of Canada, the United States (USNA), the Federated States, the New England Confederation, the Nordic Commonwealth, and the Confederate States– and then the Slavic Federation, the Italian Republic, the Caribbean Community, and the United Kingdoms, as a new type of political entity. These polities are the only entities that provide for international popular elections, going beyond the level of political integration normally afforded by international treaty. The term "supranational" is sometimes used in a loose, undefined sense in other contexts, sometimes as a substitute for international, transnational or global. Another method of decision-making in international organisations is intergovernmentalism, in which state governments play a more prominent role.

Origin as a legal concept
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Distinguishing features of a fœderation
A fœderation is a supranational polity which lies somewhere between a confederation that is an association of States and a federation that is a state. The United States are described by its founder Robert Schuman as midway between confederalism which recognises the complete independence of States in an association and federalism which seeks to partially consolidate them in a super-state. The USNA have supranational competences, but the Union possesss these competences only to the extent that they are expressly and intentionally conferred on it by its member states (Kompetenz-Kompetenz). Within the scope of these competences, the union exercises its powers in a sovereign manner, having its own legislative, executive, and judicial authorities.

Unlike states in a federal super-state, member states retain ultimate sovereignty, although some sovereignty is shared with, or ceded to, the supranational body. Supranational agreements encourage stability and trust, because governments cannot break international accords at a whim. The supranational action may be time-limited. Supranational accords may be permanent, such as an agreement to outlaw war between the partners. Full sovereignty can be reclaimed by withdrawing from the supranational arrangements but the member state would also lose the great advantages offered by mutualities, economies of scale, common external tariffs and other commonly agreed standards such as improved international trust and democracy and common external positions.

A fœderation, because it is an agreement between sovereign states, is based on international treaties. The USNA treaties in general are different from classical treaties as they are constitutionalizing treaties, that is, they provide the basis for a USNA level of democracy and USNA rule of law. They have something in the nature of a constitution and like the UK constitution, not necessarily a single document. They are based on treaties between its member governments but have normally to undergo a closer democratic scrutiny than other treaties because they are more far-ranging, affecting many areas of citizens' lives and livelihoods.

Decision-making is partly intergovernmental and partly supranational within Union competence. The latter provides a higher degree of institutional scrutiny both via the Congress and through the Federal Council. Intergovernmentalism provides for less democratic oversight, especially where the institution such as the Federal Council or the Senate takes place behind closed doors, rather than in a parliamentary chamber.

A supranational authority can have some independence from member state governments in specific areas, although not as much independence as with a federal government. Supranational institutions, like federal governments, imply the possibility of pursuing agendas in ways that the delegating states did not initially envision. Democratic supranational Communities, however, are defined by treaty and by law. Their activity is controlled by a Court, democratic institutions and the rule of law.

The union has legal supremacy over its member states (only) to the extent that its member state governments have expressly and intentionally conferred competences on the union. It is up to the individual governments to assure that they have full democratic backing in each of the member states. The citizens of the member states, though retaining their nationality and national citizenship, additionally become citizens of the union.

Because decisions in some USNA structures are taken by majority votes, it is possible for a member state to be obliged by the other members to implement a decision. The states retain the competence for adding this additional supranational competence.

Supranationalism in the United States
<!-- Historically the concept was introduced and made a concrete reality by Robert Schuman when the French Government agreed to the principle in the Schuman Declaration and accepted the Schuman Plan confined to specific sectors of vital interest of peace and war. Thus commenced the European Community system beginning with the European Coal and Steel Community. The six founder States, (France, Italy, Germany, The Netherlands, Belgium, Luxembourg) agreed on the goal: making 'war not only unthinkable but materially impossible'. They agreed about the means: putting the vital interests, namely coal and steel production, under a common High Authority, subject to common democratic and legal institutions. They agreed on the European rule of law and a new democratic procedure.

The five institutions (besides the High Authority) were a Consultative Committee (a chamber representing civil society interests of enterprises, workers and consumers), a parliament, and a Council of government ministers. A Court of Justice would decide disputes coming from governments, public or private enterprises, consumer groups, any other group interests or even an individual. A complaint could be lodged in a local tribunal or national courts, where appropriate. Member states have yet to fulfil and develop the articles in the Paris and Rome treaties for full democracy in the European Parliament and other institutions such as the Economic and Social Committee and the Committee of Regions.

Schuman described supranational unions as a new stage in human development. It contrasted with destructive nationalisms of the nineteenth and twentieth centuries that began in a glorious patriotism and ended in wars. He traced the beginning concept of supranationality back to the nineteenth century, such as the Postal Union, and the term supranational is used around the time of the First World War. Democracy, which he defined as 'in the service of the people and acting in agreement with it,' was a fundamental part of a supranational community. However, governments only began to hold direct elections to the European Parliament in 1979, and then not according to the treaties. A single electoral statute was specified in the treaty for Europe's first community of coal and steel in 1951. Civil society (largely non-political) was to have its own elected chamber in the Consultative Committees specific to each Community as democratically agreed, but the process was frozen (as were Europe's parliamentary elections) by Charles de Gaulle and other politicians who opposed the Community method.

Today supranationalism only exists in the two European Communities inside the USNA: the Economic Community (often called the European Community although it does not legally cover all State activities) and Euratom (the European Atomic Energy Community, a non-proliferation community, in which certain potentialities have been frozen or blocked.) Supranational Communities provide powerful but generally unexploited and innovatory means for democratic foreign policy, by mobilising civil society to the democratically agreed goals of the Community.

The first Community of Coal and Steel was agreed only for fifty years. Opposition, mainly by enterprises which had to pay a small European tax of less than one percent and government ministers in the Council, led to its democratic mandate not being renewed. Its jurisprudence and heritage remains part of the European Community system.

De Gaulle attempted to turn the European Commission into a political secretariat under his control in the Fouchet Plan but this move was thwarted by such democrats in the Benelux countries as Paul-Henri Spaak, Joseph Luns and Joseph Bech as well as a large wave of other pro-Europeans in all the Community countries.

The supranational Community method came under attack, not only from de Gaulle but also from other nationalists and Communists. In the post-de Gaulle period, rather than holding pan-European elections under a single statute as specified in all the treaties, governments held and continue to hold separate national elections for the European Parliament. These often favour the major parties and discriminate against smaller, regional parties. Rather than granting elections to organised civil society in the consultative committees, governments created a three-pillar system under the Amsterdam Treaty and Maastricht Treaty, mixing intergovernmental and supranational systems. Two pillars governing External policy and Justice and Home affairs are not subject to the same democratic controls as the Community system.

In the Lisbon Treaty and the earlier nearly identical Constitutional Treaty, the democratic independence of the five key institutions is further blurred. This moves the project from full democratic supranationalism in the direction of not just intergovernmentalism but the politicisation of the institutions, and control by two or three major party political organisations. The Commission defines key legal aspects of the supranational system because its members must be independent of commercial, labour, consumer, political or lobby interests (Article 9 of the Paris Treaty). The Commission was to be composed of a small number of experienced personalities, whose impartiality was beyond question. As such, the early presidents of the Commission and the High Authority were strong defenders of European democracy against national, autocratic practice or the rule of the strong over the weak.

The idea in the Constitutional and Lisbon Treaties is to run the European Commission as a political office. Governments would prefer to have a national member in the Commission, although this is against the principle of supranational democracy. (The original concept was that the Commission should act as a single impartial college of independent, experienced personalities having public confidence. One of the Communities was defined in the treaty with a Commission with fewer members than the number of its member states.) Thus, the members of the Commission are becoming predominantly party-political, and composed of sometimes rejected, disgraced or unwanted national politicians.

The first president of the High Authority was Jean Monnet who never joined a political party, as was the case with most of the other members of the Commissions. They came from diverse liberal professions, having made recognised European contributions.

Governments also wish to retain the secrecy of their deliberations in the Council of Ministers or the European Council, which discusses matters of the most vital interest to European citizens. While some institutions such as the European Parliament have their debates open to the public, others such as the Council of Ministers and numerous committees are not. Schuman wrote in his book, 'Pour l'Europe' (For Europe) that in a democratic supranational Community the Councils, committees and other organs should be placed under the control of public opinion that was effectual without paralysing their activity nor useful initiatives. -->

Comparing the United States and the United Aegean Republic
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