Functional Overlapping Competing Jurisdictions

Description

Trent MacDonald:

"Functional Overlapping Competing Jurisdictions (FOCJ) is a governance model that emphasises flexibility, function-specificity, and the capacity for jurisdictions to overlap across multiple areas of authority. Developed by Reiner Eichenberger and Bruno S. Frey, FOCJ challenges traditional governance models tied to fixed territorial boundaries by proposing a system where jurisdictions are defined by the functions they perform rather than geographical location (Eichenberger & Frey 2006).

FOCJ is characterised by four key elements: functionality, overlap, competition, and jurisdictional autonomy. Functionality refers to creating jurisdictions based on specific services or functions, such as education or environmental protection, allowing for specialised and efficient governance. Overlap means that multiple jurisdictions can govern the same area or population but with different functions, enabling a nuanced and flexible approach. Competition among jurisdictions drives innovation and efficiency, as they compete to offer better services or lower costs. Jurisdictional autonomy allows each jurisdiction to operate independently, setting its own rules and policies within its functional area (Eichenberger & Frey 2006).

The Hanseatic League is a historical example of FOCJ, operating as a network of overlapping jurisdictions that governed trade across a vast region without being confined to a single territorial authority. The League’s polycentric structure, with multiple decision-making centres working independently yet collaboratively, allowed it to manage complex social and economic interactions effectively (Fink 2012). This example illustrates the potential of FOCJ as a non-territorial governance model in modern contexts, particularly where traditional territorial governance structures are inadequate.

In conclusion, FOCJ presents a flexible and dynamic governance model that challenges traditional territorial systems. By focusing on functions rather than geography and allowing for overlapping, competitive, and autonomous jurisdictions, FOCJ offers a governance approach well-suited to the complexities of modern societies (Eichenberger & Frey 2006; Fin k 2012)."

(https://isonomiaquarterly.com/wp-content/uploads/2025/11/macdonald-pfwo.pdf)