The early 21st century is an age in which freedoms seem to expand continuously and without limits; in addition to the traditional market freedoms, there is freedom of choice related to gender, to sex, to family, to health, to life and to end of life—to name just a few domains that have embraced the ethos of individual freedom. Nonetheless, in this context of growing freedom for everybody, there is a particular freedom whose “domain” has been limited, especially in Italy: the freedom of choice related to school and education. The constraints placed upon freedom of educational choice defaults, perhaps unintentionally, to a standard orthodoxy enforced by the state and its supposedly omniscient bureaucracy. What is meant by “school choice”? It means the freedom to choose the school, the teachers, the educators, the experiences, and the educational pathways that one supposes best for one’s children, without incurring legal and economic penalties. It also means accepting that the government may regulate the system of state and non-state schools (i.e., it sets out the rules and main goals in terms of the learning and educational values with which teaching institutions should comply). Yet, to balance this, the government, except in cases of exceptional and regulated substitution according to the subsidiarity principle, may not ordinarily manage the organization and functioning of state schools and—more evidently—of non-state schools through a centralized governmental administration. These activities should be left to the individual responsibility of schools, families, companies, private investors, and the institutions of civil society. Last but not least, “school choice” means that the government bears the key responsibility of checking that schools comply with the established rules and values, and that students receive a satisfactory education, and of then making the results of those checks transparent and available for the public. This way, the government can give families very useful information that equips them to make their school choice responsibly.
Giuseppe Bertagna and Francesco Magni
In the Federal Republic of Germany, with its parliamentary system of democratic governance, threats posed by natural hazards are of key national relevance. Storms cause the majority of damage and are the most frequent natural hazard, the greatest economic losses are related to floods, and extreme temperatures such as heatwaves cause the greatest number of fatalities. In 2002 a New Strategy for Protecting the Population in Germany was formulated. In this context, natural hazard governance structures and configurations comprise the entirety of actors, rules and regulations, agreements, processes, and mechanisms that deal with collecting, analyzing, communicating, and managing information related to natural hazards. The federal structure of crisis and disaster management shapes how responsible authorities coordinate and cooperate in the case of a disaster due to natural hazards. It features a vertical structure based on subsidiarity and relies heavily on volunteer work. As a state responsibility, the aversion of threats due to natural hazards encompasses planning and preparedness and the response to disaster. The states have legislative power to create related civil protection policies. The institutional and organizational frameworks and measures for disaster response can, therefore, differ between states. The coordination of state ministries takes place by activating an inter-ministerial crisis task force. District administrators or mayors bear the political responsibility for disaster management and lead local efforts that can include recovery and reconstruction measures. The operationalization of disaster management efforts on local levels follows the principle of subsidiarity, and state laws are implemented by local authorities. Based on this structure and the related institutions and responsibilities, actors from different tiers of government interact in the case of a natural hazard incident, in particular if state or local levels of government are overwhelmed: • states can request assistance from the federal government and its institutions; • states can request assistance from the police forces and authorities of other states; and • if the impact of a disaster exceeds local capacities, the next higher administrative level takes on the coordinating role. Due to the complexity of this federated governance system, the vertical integration of governance structures is important to ensure the effective response to and management of a natural hazard incident. Crisis and disaster management across state borders merges the coordination and communication structures on the federal and state levels into an inter-state crisis management structure. Within this governance structure, private market and civil society actors play important roles within the disaster cycle and its phases of planning and preparedness, response, and recovery/reconstruction, such as flood insurance providers, owners of critical infrastructure, volunteer organizations, and research institutions. • critical infrastructure is a strategic federal policy area in the field of crisis management and is considered a specific protection subject, resulting in particular planning requirements and regulations; • volunteer organizations cooperate within the vertical structure of disaster management; • flood insurance is currently available in Germany to private customers, while coverage is considered low; and • research on natural hazards is undertaken by public and private higher education and research institutions that can form partnerships with governmental institutions.
Kees van Kersbergen and Bertjan Verbeek
Since the Maastricht Treaty (1993), subsidiarity has guided the political process surrounding the distribution of competences between administrative layers in the European Union (EU). The EU’s subsidiarity regime affects the politics and governance of the EU, because the notion of subsidiarity allows for continuous negotiation over its practical use. The constant battle over subsidiarity implies that the notion changes its meaning over time and alters the power relations between different actors within the EU. Since the Lisbon Treaty (2009), subsidiarity has mainly strengthened the position of member states at the expense of the Commission.
The expression “the Lisbon Treaty” (LT) is a shortcut to the treaties upon which the European Union (EU) has been based since December 1, 2009. During the “reflection period” that lasted from June 2005 to December 2006 three options were available: remaining with the European treaties as amended by the Nice Treaty; starting new negotiations in order to adopt some changes deemed technically necessary; or trying to get “the substance” of the Constitutional Treaty (CT) of 2004 approved in the form a new treaty. Most member states and the EU institutions were in favor of the third option. The negotiations that led to the adoption of the LT in December 2007 departed from the usual treaty amendment scenarios. The content of the LT is to a large extent similar to that of the CT, as most of the novel provisions of that treaty have been taken over as they were written in the CT and introduced in the existing European Community (EC) and EU treaties. Apart from a few institutional innovations such as the Permanent President of the European Council and the new voting system in the Council, most innovations with regard to the European communities are to be found in the details. The ratification process of the LT was difficult, as it was slowed down by the necessity to hold two referenda in Ireland, and to overcome the resistance of the President of the Czech Republic, an overt Euroskeptic. The negotiations of 2007–2009 shed some light on the importance in EU policy-making and especially in treaty negotiations of the epistemic community of legal experts and, more precisely, of experts in EU law. Events in the years 2010 and 2011 led to minor treaty amendments, shaping the present content of what is usually referred to as the LT. Whether Brexit and the EP elections of 2019 will lead to important changes remains unknown.