SESSION 3

THE FUNCTIONNING OF A STATE

I. Functions of the state

Which are the unavoidable “functions” for an entity claiming for the State autonomy?
Need for a comprehensive view on topics affecting sovereignty: legally formal, political, historical
State as complex organisation covering unavoidable functions

II. Organisation of a State

State: sovereign entity covering unavoidable needs and functions

 Relies on a complex organisation

- Horizontal org: articulation in Ministries (health, economy, foreign affairs…),
Departments, Directorates, according to subjects
Constitutional court, agencies…
- Vertical org: to have territorial reach (central, regional, local Government)

Why do we need vertical organisation: having broad representation of points of view

If rules and policies are accepted when the person who does it is legitimately recognised

III. Plurality and unity within the state

Different layers of government: from mere administrative autonomy to potential political autonomy

How to organise relations between centre and local, passing thorough regional? Different forms:
From decentralization (strong degree of autonomy on local level) to federalism (ultimate level of
autonomy within a state. BUT No international representation, act within the federal states only).

Ultimate reason underlying decentralization: subsidiary principle (according each unit to have level of
competence as close as possible => For legitimacy)
EU is an example of subsidiarity: in the 1950s, all units were autonomous under international law.
Subsidiarity: a necessity? Needed as unavoidable rule to keep together different parts (like EU)

IV. Types of national law

 Civil (private) law
 Administrative law
 Criminal law
 Business law = >In the middle

V. Which laws govern which relationships?

 SESSION 3
THE FUNCTIONNING OF A STATE

VI. Who else ‘enforces’ the law

 Police
 Prosecutors
 Regulators
 Civil servants
 Private parties: arbitration

VII. Outcomes

CRIMES CIVIL LAW ADMINISTRATIVE LAW

Imprisonment Damages Review legality an annul the
Fines Injunctions, prohibition or decision (possible order to
Restorative orders mandatory retake it)
Review over contractual relation Compensation order (high
degree of fault needed)
Will not apply to judges or
legislative bodies