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During the military regime in Brazil (1964–1985), enrollment ratios in primary education grew substantially in the first decade under dictatorship, but stagnated in the mid-1970s. This paper shows that education spending might depend on the levels of centralisation in tax matters. Using panel data regressions and qualitative evidence, we argue that a massive big push industrialisation programme increased the pressure on external accounts, leading the government to intensify an export incentive policy based on tax subsidies that decreased the income of subnational governments. As a result, the capacity of funding mass education was compromised in the second half of the 1970s.
This chapter investigates how federal transfers can boost subnational development. We analyse the case of Mexico and its 32 federal states. For this, we assemble a balanced dataset with 103 social, economic, and environmental indicators for each state. First, we study how federal transfers impacted state-level development during the sample period. Second, we analyse how changes in the distribution of transfers across states affect the indicators’ average evolution when attempting to foster all SDGs or each of them. We find that ‘fiscal contributions’ – a particular form of government transfers aimed at equalising regional disparities – exert an average impact on SDGs of around 25%–45%. Likewise, our simulations indicate that it is possible to achieve substantial impact gains when using an ‘optimal fiscal transfer’ to allocate the total federal transfers across SCGs.
By the turn of the 1990s, tax competition among national governments had emerged as a powerful law-making practice. The possibility of tax competition essentially depends on the design of transnational law, such as European law. This Article examines the change of economic, political, and legal ideas that have shaped responses by the European Communities and the European Union (EU) to income tax competition. It asserts that under the post-war settlement of embedded liberalism and moderate market integration, tax competition was not perceived as a fully developed phenomenon. Under increased cross-border economic mobility in the 1990s, tax competition became a critical concern but received a liberal and permissive reaction from the EU. In the 2010s, governing tax competition in the EU became a more vital topic. Still, in the contemporary EU, turning political ideas into legal rules capable of addressing tax competition remains hampered by the EU law requirement of unanimous decision-making. The European choice of whether and how to address tax competition involves profoundly contrasting ideas on the means by which to govern the socio-economic reality. The decision between spontaneous and regulated income tax integration is therefore a salient political question, but the unanimity rule undermines political contestation over tax competition and over the European model of fiscal federalism. The Article comes to a close by reflecting on whether the EU legal order offers means to overcome the deadlock of unanimity and whether it could accommodate a more properly political contestation over the Europeanisation of income taxation.
Extant literature concurs that fiscal transfers affect local democracy when they grant subnational governments nontax revenue. Yet there is nonetheless a mismatch between this concept and existing measures, which consider the whole transfers local governments receive, including both tax and nontax revenue. This article studies the Fondo Común Municipal (FCM), the most important intergovernmental grant in Chile, and provides a novel measure of nontax revenue. It uses this measure alongside the whole FCM transfer to test the rentier hypothesis. On the one hand, it shows that both measures increase the incumbent party vote share, although the effect of our measure is smaller. On the other hand, it finds that the FCM transfer has an impact on the probability of reelection and the competitiveness of elections, but this effect disappears when using our measure. Overall, the findings suggest that rents from transfers do not lead to strong electoral dominance in unitary states.
Edited by
Alan Fenna, Curtin University, Perth,Sébastien Jodoin, McGill University, Montréal,Joana Setzer, London School of Economics and Political Science
India’s federal structure is unsuited to the localized demands of climate governance. It is highly centralized, with a federal government that enjoys fiscal, bureaucratic, and jurisdictional powers greater than in more classical, decentralized federations. Indian states, however, are responsible for several areas crucial to climate action, from water and health to the emissions-intensive electricity sector. This makes elaborate forms of cooperation between the two levels essential. In this chapter, we show that the federal system has organically begun evolving some institutions and practices to keep up with the demands of climate change, including climate-specific financing and capacity flowing from the centre to the states, and instances of bottom-up experimentation and learning. But these developments are uncoordinated and lack strategic direction; policies appear and fade away with regularity, unpegged to long-term goals or a plan to rectify top-heaviness in Indian climate federalism.
In order to extract economic criteria for European fiscal federalism, Chapter 3 examines public accounts statistics and the economic literature on EMU from 1992 through the European sovereign debt crisis. It follows a chain of macroeconomic indicators running from nominal interest-rate convergence to the sovereign debt crisis. It examines nominal interest-rate convergence; structural determinants of sovereign bond yields; real interest rates; private-sector domestic credit; cross-border credit flows; consolidated banking claims; current-account imbalances; real effective exchange-rates; public and private-sector debt; the sovereign-bank feedback loop; and fiscal policy. The analysis finds that the Euro Crisis was a private debt crisis, not a public one. The causa sine qua non of the crisis is a severe mispricing of private and public debt caused by a failure of Articles 121-126 TFEU to induce markets to differentiate between sovereign borrowers under a (now realised) bailout expectation – not sovereign debt.
Chapter 8 seeks to extract principles of fiscal federalism for EMU and determine what models of fiscal federalism will ‘work’ in the context of the constitutional boundaries of the European legal order. Chapter 8 first extracts a number of institutional determinants of fiscal discipline in a decentralized federal system: market discipline; hard budget constraints; fiscal symmetry; expenditure and revenue autonomy; and specific characteristics for credibly-designed fiscal rules. It then tests those determinates in operation through a comparative analysis of five federations selected using a ‘most similar cases’ and a ‘prototypical cases’ methodology: Germany, Switzerland, the USA, Canada, and EMU. Chapter 8 finds that from the perspective of fiscal federalism theory, the incumbent prescriptions for centralised EU ‘fiscal union’ are - quite simply and profoundly - wrong. Centralised fiscal governance never works in a decentralised federation without market discipline, and contemporary economists already find the new governance framework no more credible than its predecessor.
Chapter 2 moves from the constitutional foundations of the European legal order to the architecture of fiscal federalism constructed atop them. It investigates where the constitutional principles identified in Chapter 1 inhere in the legal architecture of EMU, and explains the basic principles of economics inscribed for their attainment. The principles of fiscal sovereignty, price stability, and fiscal discipline are shown to penetrate three levels of investigation: The travaux préparatoires and the mandate for EMU (Article 119 TFEU); the allocation of competences in economic policy (Articles 2(3) and 5(1) TFEU); and the technical architecture governing public finance itself (Articles 121-126 TFEU). By those provisions, EU fiscal federalism rests on two principles: (1) Fiscal sovereignty – member state economic/fiscal competences remain outside the EU legal order altogether; and (2) market discipline –member states are exposed to ‘hard budget constraints’ and ‘market discipline’ to ensure fiscal discipline.
The book ends with two conclusions: First, Member State fiscal sovereignty is a permanent constitutional constraint upon the application of fiscal federalism theory in the European Union. Second, hard budget constraints and market discipline are indispensable for the guiding principles of price stability and fiscal discipline in a decentralised federation bound by the fiscal sovereignty of its Member States. In sum, the model chosen for European fiscal federalism must preserve the fiscal sovereignty of its constitutional democracies, and it must have market discipline under hard budget constraints. As for the selection of an appropriate model for EU fiscal federalism, this book proposes that three constitutional tests for fiscal sovereignty identified in Chapter 1, and the five determinates of fiscal discipline identified in Chapter 8, provide an intersecting set of criteria for determining which models of fiscal federalism are compatible and implementable within the boundaries of the European legal order.
Chapter 4 concludes for Part I of the book by setting-out out two criteria for EU fiscal federalism which emerge from Chapters 1-3. First, any model of EU fiscal federalism must preserve the fiscal sovereignty the 28 (now 27) constituent constitutional democracies at the base of its legal order. Second, hard budget constraints and market discipline are indispensable requirements for price stability, sound public finances, and a sustainable balance of payments in an EMU bound by the fiscal sovereignty of its member states. Those criteria are tested and applied as the thesis of the book throughout Part II.
Chapter 5 opens for Part II of the book with the task of taxonomy, classifying the emergent post-crisis EU fiscal architecture from the perspective of fiscal federalism theory in order to determine what it demands from the EU legal order to ‘work’. Chapter 5 finds that, from the perspective of fiscal federalism theory, the EU has sunk the cornerstones of a highly centralized model of ‘proto-fiscal union’ that is far more apt to unitary states than any of the other federations touched upon in this book. At its core, the new model supplants a legal pillar of fiscal sovereignty and market discipline (an entrenched ‘no-bailout’ law) with a legal feature of unitary states: centralized financial assistance and legal governance of fiscal policy. Chapter 5 evaluates the demands this places on the European legal order, and provides directions for the remainder of the analysis of Part II.
Chapter 7 examines whether the fiscal governance architecture enacted since the crisis is reconcilable with the constitutional boundaries of member state fiscal sovereignty underlying the EU legal order as a whole. It conducts a piece-by-piece deconstruction of the European governance framework to identify instruments which trespass on ultra vires and constitutional identity rulings of national constitutional courts. It finds that the new architecture is dependent, for its stable functioning, on instruments which are beyond the boundaries of the EU legal order and profess to bind national legislators in economic/fiscal policy, contrary to member state constitutional identity jurisprudence. By restricting fiscal autonomy and providing bailouts, the EU has sunk the foundation stones of a unitary model that is manifestly incompatible with the constitutional jurisprudence of its twenty-eight member states catalogued in this book. This is not only legally unsound, but economically ineffective and injurious to good principles of fiscal federalism.
This book bridges the study of European constitutionalism with the study of 'fiscal federalism' – the subfield of public economics concerned with structuring public finances between different levels of government in federal states. On one axis, this book delves into European Union and Member State constitutional law from all EU Member States in order to investigate and identify the existence of permanent constitutional boundaries that will impinge upon the selection of proposed models for EU fiscal federalism. On the second axis, this book engages the study of fiscal federalism in order to determine which institutional configurations known to that field remain legally and economically implementable within those boundaries. It provides a far-reaching investigation of which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order.
There is general consensus that tax havens have long played a major role in the evolution of the capitalist system on a global scale. There is also no doubt that Switzerland is one of the first, if not the first, tax haven to have emerged, as well as one of the most important in the world. However, knowledge and understanding of the history, particularly the distant past, of tax havens remains lacking, despite the considerable volume of literature devoted to them. Therefore, this article attempts to make two innovative contributions. The first is an attempt to explain the emergence of the Swiss tax haven, by analyzing the processes and factors whose intertwining led to its emergence. It thus improves the general understanding of the genesis of tax havens at an international level. The second contribution is to show that already on the eve of World War I, the Swiss Confederation possessed the necessary characteristics for a tax haven.
Buchanan's first writings about federalism and fiscal justice were “'Federalism’: One Barrier to Labor Mobility” and “A Theory of Financial Balance in a Federal State,” two term papers that he wrote before his dissertation and that have never been discussed before. Studying them allows us to complete the recent literature on the origins of Buchanan's fiscal federalism. We show that most of Buchanan's ideas about fiscal equity were already in these works, and also that Buchanan made other claims and used other arguments – about mobility, for instance – that were absent from the dissertation but remained important to him for a long time. We also analyze these essays in the context in which Buchanan was at that time, namely the economics department of the University of Chicago. We show how Buchanan fed on, not to say was influenced by, the courses for which he wrote these essays. This allows us to shed new light on the role Theodore Schultz, D. Gale Johnson, Henry Simons, and Roy Blough, played at the beginning of Buchanan's career.
Many fiscal federal scholars argue, often implicitly, that transfer dependence generally bolsters subnational creditworthiness by signalling a higher likelihood of national bailouts for distressed governments. This article argues that dependence fails to bestow general benefits on local borrowers because it suggests an inability to generate additional revenues in the event of fiscal distress, and because this inability does not, contrary to the expectations of many, necessarily translate into higher bailout expectations. Ultimately it is the nature, not the level, of transfers that affects local creditworthiness, whether through bailout or non-bailout channels. Stable and predictable payments, including robust equalization systems, support local creditworthiness, while volatile and unpredictable transfers do not. The article supports these arguments with a review of documents issued by the major international credit rating agencies and cross-national statistical analyses of bailout probabilities and standalone credit ratings issued by Moody’s Investors Service. It also discusses the implications of the findings for work on the fiscal discipline of subnational governments.
Two main elements characterize a country as federal and the development of its federal system. The first one is directly connected to competences and how regions may or may not have powers over public policies. The second one focuses on the fiscal arena, and how regions generate their own income and share it with the central government. This paper describes from a historical point of view the different phases that the Spanish federal process has followed since its beginning in 1978 up to the last reform in 2016. These phases are related to the composition of both the regional and the national governments. It is therefore is important to investigate the connection between changes in these compositions and how they may have affected the phases of decentralization. Employing the new institutionalism paradigm and seeking for critical junctures in the different moments, we show how national governments are more important in shaping this process than regional ones.
The European Union budget is small and fulfils only a limited range of functions, yet it provokes regular disputes among the Member States and institutions of the Union. This paper describes the structure of the budget and shows that standard theories, such as fiscal federalism, are not well-suited to analysing how the EU budget operates or the political economy behind it. The paper then looks at how much the UK contributes towards the EU budget and explains why some of the claims made about it in the public discourse are inaccurate.
This paper examines the background to calls for further fiscal decentralisation in Scotland in the light of theories of fiscal federalism. In particular, it examines whether spatial differences in preferences, which are central to ‘first generation’ theories of fiscal federalism can be argued to play a central role in the case for granting Scotland further tax and spending powers. ‘Second generation’ theories of fiscal federalism draw attention to the political economy of allocating tax powers to different levels of government. Some of the authors in this strand of theory argue that the case for allocating tax powers to subnational governments can be made in terms of ‘accountability’ – the notion that local politicians can be better held to account for the outcomes of policy actions. Our empirical analysis suggests that there is no clear difference in preferences between Scotland and the rest of the UK along a number of key political dimensions. However, the Scottish parliament enjoys substantially higher levels of trust among the Scottish electorate than does the UK parliament.
This article describes the centralised nature of the UK, briefly describes the changes now under way in Scotland and Wales and then analyses differences in output per head as between nations and regions. It then considers the scope for devolution, including fiscal devolution within England. The United Kingdom today is one of the most fiscally-centralised of all OECD countries, but there will soon be reform in Scotland and Wales, with significant devolution of tax-raising powers to Edinburgh and Cardiff. In England, there is currently no ‘state’ or ‘regional’ tier of government. There have been significant differences in GDP/GVA per head of the nations and regions of the UK for many decades. Efforts to ‘rebalance’ the GDP/GVA totals shown above have involved public expenditure and investment programmes over several decades. The results of the UK's centralised distribution of resources, if any, on changes in regional and sub-regional performance are little studied. A highly-centralised system of taxation and public expenditure is not, it would appear, a guarantee of territorial economic equalisation. In a potentially radical policy departure, George Osborne has moved further than any minister in recent times towards a form of city-regional devolution within England. In the first instance, any devolved power is likely to be over public expenditure, though in the longer term fiscal devolution may become possible. The move towards a quasi-federal UK is now well under way.