Research papers published by the Reference and Research Services of the Deutscher Bundestag

This page sets out the English summaries of the Research Papers published by the Reference and Research Services. A link from the end of the summary will take you to the complete research paper in German.

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The "second basket" of reform of copyright law
On 29 June 2006, the German Bundestag held the first reading of the bill presented by the Federal Government on a "second act on copyright law in the information society" (Printed Paper 16/1828) and referred the bill to the committee responsible, the Committee on Legal Affairs. This "second basket" is intended to further adapt current copyright law to the demands of the digital era and ensure a balance of interests between the parties concerned.
Topical Term of 08/16/2006
Making "doping" a criminal offence
The public discussion about the necessity of stricter laws in the fight against doping has been lent new momentum by the suspension of several cyclists before the beginning of the 2006 Tour de France and retrospective disqualification of the winner of the tour, Floyd Landis, as a result of his positive doping test. The Anti-Doping Legal Commission of the Sporting Bodies presented a report in June 2005 on possible legislative initiatives. The "Topical term" fact sheet examines the current legal situation under German criminal law and summarises the proposals on changes to criminal law and criminal procedure law in the report.
Topical Term of 08/15/2006
Internet telephony: VoIP
In contrast to traditional landline telephony, VoIP (Voice over Internet Protocol) refers to telephone calls made via computer networks. With VoIP, speech is first digitised, then compressed and bundled into data packets. These are then transmitted via a broadband Internet connection to the receiver, where the data packets are reconverted into analogue signals. Internet telephony is not yet very widespread. However, forecasts suggest that by 2010 around 30 per cent of all telephone calls globally will be made via the Internet.
Topical Term of 08/10/2006
The Federal Network Agency?s regulatory regime on charges for the use of energy networks
Since July 2005, the Federal Network Agency has been responsible for the regulation of energy networks. In the summer of 2006 it published the first results of its review of electricity network operators? charges and ordered the operators concerned to cut their third-party access fees. In the medium term, retroactive scrutiny and approval of charges is to be replaced by a system called ?incentive-based regulation?. The Federal Network Agency published a plan to this effect in late June 2006.
Topical Term of 08/10/2006
The GDR past and the culture of remembrance
The recommendations of the expert commission on the creation of a history association to study the SED dictatorship set out possibilities for the further development of the existing institutions, an improvement of their profile and enhancement of the cooperation between them. At the centre of the proposals is a distinction between three thematic fields: rule, society, resistance ? surveillance and persecution ? division and the border. These are intended to interact with and supplement each other, thus helping to ensure a differentiated and complex image of the SED dictatorship and serving as a guide for a restructuring of the field of remembrance and research. The recommendations and the ensuing debate are an exemplary illustration of how history and the culture of remembrance are dealt with publicly in Germany.
Topical Term of 08/10/2006
Legislation on non-smoker protection in the OECD member states
The table contains short discriptions of the legislation on non-smoker protection in public places, workplaces and the hospitality industry in the OECD member states.
Publication of 07/18/2006 (17 pages)
Current draft framework decisions in the field of police and judicial cooperation in criminal matters
Factsheet Europe of 07/18/2006 (14 pages)
The economic causes of electricity companies' windfall profits following the introduction of emissions trading
Since CO2 emissions permits were made obligatory in 2005, electricity prices in Germany have risen. At the same time, electricity companies have reaped windfall profits. This ?Topical Term? explains the economic causes of this trend and describes the theoretical possibility of auctioning emissions allowances to prevent companies from reaping windfall profits.
Topical Term of 06/29/2006
Opinion of Advocate General Philippe Léger on the action brought by Germany against Directive 2003/33/EC -Tobacco Advertising Directive
Factsheet Europe of 06/27/2006 (4 pages)
Amended Draft Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights
Factsheet Europe of 06/22/2006 (4 pages)
European Institute for Gender Equality
Factsheet Europe of 06/08/2006 (3 pages)
Retirement at 67 - pros and cons
The key to sustainable financing of pensions insurance lies in increasing the level of employment subject to compulsory social-insurance, including for older workers, until they have reached standard retirement age. The provisions on raising retirement age to 67 merely create the framework to exploit for pensions insurance the benefits of positive developments on the labour markets.
Topical Term of 06/07/2006
The EU-India Strategic Partnership
Factsheet Europe of 06/07/2006 (2 pages)
European Anti-Fraud Office
Factsheet Europe of 05/15/2006 (2 pages)
Federalism reform halves the number of laws requiring the consent of the Bundesrat
This is the conclusion reached in a 170-page study produced by the Research Services of the German Bundestag. The study examined the following question: What would have been the effect on the proportion of "consent bills" - i.e. those requiring approval from the Bundesrat, which represents the federal Länder (or states) - had the reform of Germany's federal structure now proposed come into force in 1998? A total of 963 bills were examined: 563 from the 14th electoral term and 400 from the 15th electoral term. The number of "consent bills" varies considerably from electoral term to electoral term. The lowest proportion, 41.8%, was seen during the 1st electoral term (1949 ? 1953), whilst the highest percentage, 60.6%, was recorded in the 10th electoral term (1983 ? 1987). On average, across all the electoral terms, 53.2% of bills required the consent of the Bundesrat to become law. The often-cited figure of 60% and over is therefore inaccurate. In the 14th electoral term, the proportion of "consent bills" was 55.2%, whilst in the 15th electoral term it was 51%. During the 14th electoral term, 29.8% of all bills required the Bundesrat's consent on the grounds of Article 84 (1) of the Basic Law alone. It is this provision which most often gives the Bundesrat powers of veto. During the 15th electoral term, this provision in the Basic Law was the basis for 28.3% of bills requiring Bundesrat consent. In other words, the figures for both electoral terms were close to the average. The reform will lead to a significant drop in the number of "consent bills". Had the federalism reform come into force as early as 1998, the figures would have looked quite different: - in the 14th electoral term, only 25.8% of bills would have needed Bundesrat consent, as opposed to 55.2%, - in the 15th electoral term, only 24% would have required Bundesrat consent, as opposed to 51%.
Composition of 05/15/2006 (171 pages)
Better Legislation - or is less more?
Factsheet Europe of 05/09/2006 (4 pages)
European Institute of Technology
Factsheet Europe of 05/09/2006 (3 pages)
IV. EU-LAC Presidential Summit
Factsheet Europe of 05/08/2006 (2 pages)
Varying levels of cooperation between the EU and (current) third countries - from trade agreements to EEA Plus
Factsheet Europe of 05/08/2006 (7 pages)
Economic Migration
Factsheet Europe of 05/05/2006 (5 pages)
Reform of maintenance law
In early April 2006, the Federal Government agreed on a bill to amend maintenance law. This bill aims to give child maintenance priority over all other maintenance rights and ensure greater legal clarity in the area of child maintenance. As regards support after the breakdown of a marriage, greater emphasis is to be placed on the principle of personal responsibility.
Topical Term of 05/05/2006
Carbon dioxide-poor power stations
Carbon dioxide is one of the most important greenhouse gases and contributes substantially to the anthropogenic global warming. Amongst others, huge amounts of carbon dioxide are released during the generation of electricity from fossil fuel-fired power plants (p. e. gas, oil and coal). Within the Kyoto Protocol, Germany committed to reduce his CO2-emissions for at least 21 % until 2012 referring to the base year 1990. To achieve this, lately, also the separation of carbon dioxide from power plant emissions has drawn more and more attention. The isolated carbon dioxide could be stored in special deposits or could be used in small amounts within chemical processes. The so-called carbon sequestration should avoid that carbon dioxide escapes into the atmosphere and contributes to the global climate change. If the idea of carbon sequestration would apply to fossil fuel power plants, those will have zero-emissions of carbon dioxide and will be a kind of clean-coal technique, referring to the proponents.
Factsheet of 04/19/2006 (52 pages)
4th World Water Forum in Mexico / 2nd UN World Water Development Report
The Ministerial Declaration of 4th World reaffirmed the continued and urgent need to achieve the millennium goal to reduce by half, by the year 2015, the proportion of people unable to reach or afford safe drinking water. The UN World Water Development Report (WWDR)- launched during World Water Day, on 22 March 2006, at the 4th World Water Forum - presents a comprehensive overview of freshwater resources in all regions, including the key issues population growth and increasing urbanization, changing ecosystems, food production, health, industry and energy, as well as risk management, valuing and paying for water. WWDR outlines a set of conclusions and recommendations for future action to guide sustainable use, productivity and management of the increasingly scarce freshwater resources:
Topical Term of 04/13/2006
Intellectual Property
The protection of intellectual property is important not only for the promotion of innovation and creativity, but also for labour market development and to improve competitiveness. Directive 2004/48/EC on the enforcement of intellectual property rights (OJ L 195 of 2 June 2004, p.16), which must be transposed into national law by 29 April 2006, is also gaining in topicality because of the forthcoming amendment of the Copyright Act.
Topical Term of 04/12/2006
The EU and Georgia
Factsheet Europe of 04/06/2006 (4 pages)
The Congo conflict
This ?Topical Term? explains the political and ethnic conflicts in the Democratic Republic of the Congo which led to decades of armed conflict, costing the lives of around three million people. It also seeks to clarify to what extent neighbouring states influence the conflicts in Congo.
Topical Term of 04/05/2006
Directive on energy end-use efficiency and energy services
Factsheet Europe of 03/30/2006 (2 pages)
Multigenerational homes
Multigenerational homes, or centres, are community-oriented contact points for both the young and the elderly, offering support services for all generations under one roof. In most cases, there is a main meeting room, child day-care and services for the elderly. These centres aim to promote intergenerational exchange and mutual support.
Topical Term of 03/28/2006
Uranium as a nuclear fuel: worldwide resources and long-term supply
In the current debate on national energy policy, a key question is whether or not Germany should make continued use of its existing nuclear power plants, or even engage in the construction of new plants. Among many other aspects, one important issue in this debate is the ?sustainability? of Uranium consumption, i.e. the long-term security of the nuclear fuel supply. The advocates of a nuclear energy option underline that the Uranium supply can most probably be secured for longer periods of time than that of fossil fuels (except coal). Opponents emphasise the fact that Uranium remains a limited resource in any case, and that a sustainable energy policy should rather prioritise principally unlimited resources such as renewable energies. The aim of this document is to compare the different point of views, to identify a common basis of discussion in terms of facts and figures for the worldwide Uranium resources, and to clearly point out the assumptions and uncertainties that form part of the corresponding calculations. By taking into account the present yearly consumption, an approximate remaining duration of Uranium resources somewhere in the range between 37 and 166 years can be predicted. It must be kept in mind, however, that these numbers strongly depend on the underlying assumptions and may be subject to change due to technological progress, economic boundary conditions, and political decisions.
Factsheet of 03/27/2006 (16 pages)
Basic income for jobseekers ? current legal amendments
This ?Topical Term? describes the most recent legal amendments relating to the basic income for jobseekers, including the regulations for unemployment benefit II in the new federal states, ?communities of need? and pension insurance.
Topical Term of 03/24/2006
Green paper on succession and wills
Factsheet Europe of 03/23/2006 (3 pages)
Green paper on " A European Strategy for Sustainable, Competitive and Secure Energy"
Factsheet Europe of 03/23/2006 (3 pages)
The Commission?s Annual Policy Strategy for 2007
Factsheet Europe of 03/23/2006 (2 pages)
Bridging the broadband gap
Factsheet Europe of 03/23/2006 (2 pages)
Green paper on energy efficiency
Factsheet Europe of 03/20/2006 (3 pages)
Draft regulation establishing a small claims procedure
Factsheet Europe of 03/17/2006 (3 pages)
The new United Nations Human Rights Council
On 15 March 2006, the United Nations General Assembly voted to set up a Human Rights Council to replace the existing Commission on Human Rights. The Human Rights Council will consist of 47 UN member states, which will be elected for a period of three years in secret elections and by an absolute majority within the UN General Assembly. The Council will meet three times annually for a minimum of 10 weeks in total.
Topical Term of 03/16/2006
The reverse-charge mechanism in VAT legislation
As part of the current fiscal-policy debate in Germany, the reverse-charge mechanism is being discussed with a view to tackling VAT fraud more effectively. For business to business transactions, this would involve shifting the tax liability from the business supplier to the business customer. A brief description is provided of the requirements for, background to and effects of a change in the system. The legal framework at EU level is referred to in closing.
Topical Term of 03/16/2006
Initiative on the reduction of bureaucracy: regulatory reform
The goal of the regulatory reform project in the framework of the Federal Government's initiative on reducing bureaucracy is to contribute to a modern, effective and transparent legal order as part of good legislation. In order to achieve this, regulatory reform laws issued by the responsible federal ministries are to be used to help ensure that the body of norms of federal law is stripped of unnecessary and outdated provisions.
Topical Term of 03/16/2006
Committees of Inquiry
An overview of the establishment, procedures and role of the German Bundestag's committees of inquiry. The text includes a short examination of the way in which evidence is taken and of the powers of a committee of inquiry, in particular the necessity of safeguarding confidentiality.
Topical Term of 03/14/2006
Reform of the legal framework for non-profit organisations
The law concerning non-profit organisations creates the institutional and legal framework for civic activities and is, at the same time, an instrument which shapes civil society, going beyond a purely fiscal definition. Criticism of the current provisions is based, firstly, on the fact that the theoretical foundation from the Empire (Kaiserreich) has been preserved in the law as it stands. Critics complain that this legislation does not take into account the fundamental shift which has taken place in the function of the civil society and its organisations, whereby they have become independent and equal partners in society, with tasks going far beyond relieving the burden on the state or performing a complementary function to the state. Secondly, measures taken to shape the legislative and regulatory framework over the last decades, together with legal judgements in the area of the law on non-profit organisations, have made the law unwieldy and unsystematic. In summary, the legislative framework should be lent greater flexibility, consolidated and made more systematic, bringing it into line with the reality within society.
Topical Term of 03/13/2006
European agencies
Factsheet Europe of 03/08/2006 (7 pages)
Commission white paper on a European communication policy
Factsheet Europe of 03/07/2006 (2 pages)
Integration of national financial supervisory bodies within the EU
Factsheet Europe of 03/02/2006 (2 pages)
Protection of young persons in the area of media
?Topical term? factsheet No. 11/06 sets out the legal provisions in force at federal and Land level to protect young persons from certain types of media content. The different institutions working to protect children and young people in this field are presented and their way of working explained.
Topical Term of 03/01/2006
Financing studies - models and options
The Federal Constitutional Court's ruling of 26 January 2005 allows the Federal Länder (states) to introduce tuition fees at their universities, provided that options for financing are available for suitable students from disadvantaged backgrounds, to ensure that they still have the chance to study. The introduction of tuition fees is planned in almost all Federal Länder from 2007 onwards and a number of public, commercial and private modes of financing studies have been created in the form of loans, educational funds, provisions for exemptions from tuition fees and scholarships. The information sheet sets out current developments in these options for financing studies.
Factsheet of 02/28/2006 (22 pages)
The Dutch model of reducing bureaucracy ? Actal
The acronym Actal stands for Advies College Toetsing Administratieve Lasten (Dutch Advisory Board on Administrative Burdens) and is the name of an independent body which advises on the reduction of bureaucracy in the Netherlands. The German government, too, intends to implement the recommendations of the European Union and the OECD and introduce without delay the Standard Cost Model ? which has proved its worth in several European countries ? to measure objectively the administrative burden on businesses.
Topical Term of 02/22/2006
Flat-rate cultural fee
The possibilities offered by digital technology, which allows music, films and texts to be reproduced in a wide variety of ways, are a challenge to business and policymakers. Business is therefore developing ways of limiting and preventing the economic losses it suffers as a result of copies made and distributed without payment. One proposal made in this context is that a ?flat-rate cultural fee? should be levied. In exchange for paying a monthly fee, people would be permitted to legally download music and other digital content from the Internet. Music would be freely available via file-sharing services. Critics of this proposal stress that the concept has immense legal and substantive shortcomings.
Topical Term of 02/22/2006
Reduced VAT rates on labour-intensive services
Factsheet Europe of 02/22/2006 (2 pages)
Combating Bird Flu: Federal Research Institute for Animal Health Friedrich Loeffler Institute
The Federal Research Institute for Animal Health ? the Friedrich Loeffler Institute ? plays an important role in efforts to combat bird flu in Germany. The Institute was established in 1910; today it comprises eight institutes at four sites. The Friedrich Loeffler Institute includes the Institute of Diagnostic Virology and its National Reference Laboratory for avian influenza (the H5N1 subtype of which is often called ?bird flu?). In May 2005, the World Organisation for Animal Health (OIE) designated the Institute an international Reference Laboratory for bird flu.
Topical Term of 02/21/2006
Proposed directive on the portability of supplementary pension rights
Factsheet Europe of 02/15/2006 (2 pages)
Reform of the United Nations System. Debates and Measures concerning Structural Change of the Security Council, the General Assembly, the Secretariat and UN funding
Whereas the United Nations has undergone major changes with respect to membership and functions since its origins, its institutional structures have persisted as yet. However, after the Cold War new vistas have opened up for a sweeping reform. The political debate focussed on the Security Council as the power centre of the United Nations. Although considerable progress has been made on questions like the definition of structural shortcomings and the criteria for the selection of potential new members, no single reform model has gained the broad backing necessary for adoption so far. Most of the proposals referring to the General Assembly aim at an enhancement of its efficiency. In the view of most of the member states there remains a lot to be done in order to further streamline the body?s structures and procedures. The several measures to downsize and modernize the secretariat are primarily due to the initiative of the two Secretary Generals Boutros Boutros-Ghali and Kofi Annan. They managed to enhance the capacity of the senior management, to rationalize decision-making processes and to make the recruitment of personnel more open. Since its establishment the UN funding system has been characterized by a permanent scarcity of resources. After a long debate the UN managed to agree upon a new contribution system that was approved by the General Assembly in 2002.
Factsheet of 02/13/2006
From "television without frontiers " to "audiovisual media services"
Factsheet Europe of 02/10/2006 (2 pages)
The new United Nations Peacebuilding Commission
The text describes the creation, organisation and tasks of the newly established United Nations Peacebuilding Commission
Topical Term of 02/09/2006
Working time directive - progress of the debate
Factsheet Europe of 02/08/2006 (4 pages)
ECJ judgment on the cross-border offsetting of losses in the EU
Factsheet Europe of 01/27/2006 (2 pages)
The Asia-Pacific Partnership
In July 2005, the United States, China, Japan, India, South Korea and Australia presented a new climate pact, called the ?Asia-Pacific Partnership on Clean Development and Climate? (APP). Contrary to the Kyoto Protocol, the pact does not contain binding targets or a timetable to achieve reductions of greenhouse gas emissions. However, the APP represents the American understanding of climate policy as it is based on the technology push principal, while the Kyoto Protocol is an instrument in the sense of a market pull strategy.
Factsheet of 01/27/2006 (17 pages)
Constitutional guarantee of intergenerational equity
Intergenerational equity is a topical issue in Germany ? not least since a number of younger parliamentarians have called for the inclusion of an article on the protection of future generations in the Basic Law, Germany?s constitution. It has been suggested that a new Article 20 b be added to the constitution as a state goal, committing the state to adhere to the principle of sustainability in its actions and to protect the interests of future generations. In addition, an amendment to Article 109 of the Basic Law (Budgets of the Federation and the Länder) is being considered to make it more difficult for the Federation and Länder to take on debt. State goals outline a certain programme for state action and thus serve as guidelines for state activities, the interpretation of laws and other legislation.
Topical Term of 01/26/2006
High Representative for Bosnien and Herzegowina
The Dayton Peace Agreement for Bosnia and Herzegovina (1995) provided for the establishment of an office of a High Representative whose task would be to implement the civilian aspects of the peace settlement. Candidates for the office are designated by the Steering Board of the Peace Implementation Council, an institution consisting of 55 countries and international agencies that also provides the political guidelines for the High Representative?s work. Initially endowed with little competences, the office now possesses great power, based on the so called Bonn Conclusion from 1997. From time to time, the policies of the several office holders have been highly controversial, especially in the public of Bosnia and Herzegovina.
Topical Term of 01/26/2006
The services directive - progress of the debate
Factsheet Europe of 01/26/2006 (8 pages)
Reform of communal finances
In light of the current financial problems of many cities and local authorities a reform of the communal finances is still of great relevance. In their coalition agreement the coalition parties have set themselves the task to put the finances of the local authorities on a stable basis. Their goal is a communal tax that is based on the economic capacity of the companies, which assures a constant tax revenue and guarantees the fairness between the local authorities. The financial reform should not move the burden to the side of the employees. The Topical Term outlines the current developments of the communal finances and concepts provided by parties, local authorities and different representatives of the economy regarding a reform.
Topical Term of 01/24/2006
Federal share of the cost of accommodation/heating benefits under Book II of the Social Code
Under Book II of the Social Code, the municipalities bear the cost of accommodation and heating benefits within the framework of the basic income for jobseekers. In order to ensure that the burden on the municipalities is reduced by the Fourth Law for Mod-ern Services in the Labour Market (Hartz IV), the Federation helps to meet the cost of these benefits. For 2005 and 2006, the Federation?s share in accommodation and heat-ing costs has now been fixed by law at 29.1%, following contentious negotiations with the Länder. The First Act to Amend the Second Book of the Social Code entered into force on 31 December 2005. The Federation?s contribution from 2007 is to be regu-lated by a federal law
Topical Term of 01/18/2006
Tsunami Recovery - Stock Taking one year later
The Tsunami in December 2005 killed more than 230,000 people, devastated over 5,000 miles of coastline surrounding the Indian Ocean, swept away 430.000 homes, and destroyed over 100.000 fishing boats. The UN, international financial institutions, governments, charitable groups and nongovernmental organizations have pledged billions of dollars by now for the reconstruction process.. The recovery in 2006 will focus on the following priorities in order ?to build back better?: progress on disaster risk reduction, importance of political reconciliation, peace, and good governance, building of capacity, strengthening of coordination efforts, promoting transparency and accountability.
Topical Term of 01/11/2006
The EU-Russia Energy Dialogue
Factsheet Europe of 01/11/2006 (3 pages)
Commissioner for Human Rights
The Parliamentary Assembly of the Council of Europe elected on 5 October 2005 a new Commissioner for Human Rights, Thomas Hammerberg, from Sweden. The Commissioner for Human Rights was established in 1999 as an independent institution within the Council of Europe. The Commissioner focuses his activity on three main areas: the promotion of the education in and awareness of human rights, and the promotion of their effective respect and full enjoyment in all the member States of the Council of Europe.
Topical Term of 01/10/2006
The Austrian Presidency of the European Union
Factsheet Europe of 01/05/2006 (2 pages)

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