FOCJ

Functional Overlapping Competing Jurisdictions, FOCJ, ( German: functional overlapping competing sovereignty, singular FOCUS ) are functional economic and / or political entities that are characterized by a non-governmental coercion and a certain tax jurisdiction. They were in 1997 by Bruno S. Frey (University of Zurich ) and Reiner Eichenberger (University of Freiburg) be developed and promoted by them as a new model of federalism. The same FOCJ a moderate form of panarchy and also have in common with anarcho capitalism.

Precursor

Prior to the emergence of nation-states the right was not only bound to the soil, but also to the person. A subject of the Elector of Trier could be prosecuted only in a court kurtrierischen or in exceptional cases before a court of the Holy Roman Empire. He committed outside the territory of the Elector a criminal offense, he had to be transferred to a Kurtrierisches court. In the pre-Reformation churches each head ( Pope, the diocesan bishop, patriarch ) practiced a particular Church ( diocese, patriarchy ) from the immediate jurisdiction over his (partial ) Church.

The spread in the United States Special -purpose districts have similar features as the FOCJ and may also levy taxes,

Concept

The concept is based on the assumption that the nation-states have been overtaken in the global society:

" The nation-state as the sole identity of the citizen in the global society of date (...) individuals may therefore also be a citizen of organizations outside the nation. The following possibilities are conceivable. Individuals are citizens of sub-national entities such as regions, provinces or municipalities, or supranational bodies like the European Union, NATO, the World Bank or the UN "

As further possibilities citizens semi - governmental, non-governmental, private organizations or for-profit companies are listed.

Personal responsibility for local authorities or non-territorial organizations are in direct political and fiscal competition. These units can define their own function and raise taxes for it. Since each function requires a different extension, the authorities may overlap and thus compete to communities and citizens.

With the help of the concept of FOCJ would - according to Bruno S. Frey and Reiner Eichenberger - the advantages of federalism amplified and combined with those of centralization in many areas. FOCJ are determined according to their function, are in competition with each other for citizens and communities, have democratic institutions and tax jurisdiction.

The functional orientation of these independent units they can offer the citizens according to their preferences single or multiple services or service packages and so take advantage of economies of scale effects, which allows them to offer the services cost. Furthermore, this also spill-overs are avoided, ie the circle of beneficiaries corresponds to the circle of payers. On local differences in demand consideration will be taken as FOCJ are not geographically bound and therefore flexible. The overlapping structure would guarantee an efficient size of these units. Democratic political competition between FOCJ led to the desired fiscal equivalence and an economic use of funds, as FOCJ also have the ability to levy taxes for their service fulfillment tasks. In short: FOCJ, in the opinion of the authors more flexibility, better preference match and an opening of the political markets that would otherwise be dominated by politicians cartels.

FOCJ be established by the citizens, who also decide on their performance, decision-making mechanisms and taxes are not increased but " moved ". The political rights of citizens require this enhanced constitutional protection of its own kind

Application of the theoretical concept

The purpose of community is a proposal of application of FOCJ concept. However, it differs fundamentally from the purpose association, which has a long tradition.

Bruno S. Frey sees the application of FOCJ in cross -border regions of the EU, where they reduce political competition by the " democratic deficit " of the EU, could generate large welfare gains and enable the integration of the peoples of Eastern Europe.

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