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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Rail reform and privatisation
The German parliament fundamentally reformed the federal railways in 1993/94. Monopolistic federal agencies were turned into a private company, Deutsche Bahn Aktiengesellschaft (DB AG), which is, however, still fully owned by the state. In recent years there has therefore been a wide-ranging political controversy about the sale of part of DB AG to private investors. A compromise is now emerging which looks very likely to be implemented. The rail network will return to state ownership and 24.9% of DB AG will be sold.
Topical Term of 04/28/2008
The Energy-Using Products Act (EBPG)
The Energy-Using Products Act (Energiebetriebene-Produkte-Gesetz) is intended to regulate the ecodesign requirements von energy-using products such as PCs, refrigerators or boilers uniformly throughout Germany. It is based on an EU Directive, and will be a framework law. In the coming years, successive regulations will be issued for separate categories of energy-using products, defining the requirements that must be met in terms of energy efficiency and environmental performance. This text sets out the contents of the EU Directive, the transposition into German law, and possible consequences for the environment and business.
Topical Term of 04/23/2008
The national parliaments in the European Union
The Treaty of Lisbon increases the significance of the national parliaments. In addition to the Protocol on the Role of National Parliaments in the European Union, they are mentioned for the first time in the Treaty proper, as well as in the Protocol on the Application of the Principles of Subsidiarity and Proportionality.
Topical Term of 04/23/2008
Abstract: Human rights and the question of "interference in internal affairs"
The principle of non-intervention enshrined in international law prohibits states from interfering in the "domestic jurisdiction" - also called the domaine réservé - of another state. Intervention carried out with the threat or use of coercion is classed as "interference" and prohibited. The domaine réservé can be restricted by regulations in international law relating to a specific field of policy. Respect for fundamental human rights can be considered sufficiently established in international law. For a state to concern itself with the human rights situation in another state generally does not constitute a violation of the ban on intervention.
Topical Term of 04/16/2008
The "Copenhagen Process"
The "Copenhagen Process" stems from the decision taken in 2002 on increased European cooperation in the area of vocational (continuing) education and training. This "Topical Term" examines developments on the goals developed and the current situation concerning the goals, along with the instruments and measures agreed on by the European states to achieve them. The European Qualifications Framework, which was given concrete form through the establishment of the German qualifications framework, has a special importance. Proponents stress the fact that the German qualifications framework allows categorisation of qualifications across all areas of education (school education, vocational and university training) through uniform descriptions developed jointly, thus allowing comparisons to be made. Critics, on the other hand, fear that dual forms of training providing vocational qualifications are likely to be significantly undervalued.
Topical Term of 04/11/2008
Open Skies
On 30 March 2008, the Open Skies agreement entered into force. For the first time, airlines from the EU can now fly from any European airport to the United States, and from there fly on freely to other destinations in third countries. This liberalises the air transport between Europe and the United States, which was previously strictly regulated. The EU hopes that this will lead to greater competition, lower prices and an increase in the number of passenger and cargo flights.
Topical Term of 04/09/2008
1933 - The end of the political parties
Between February and the summer of 1933, within the framework of the National Socialist policy of Gleichschaltung, or forcible coordination, the Weimar Republic?s multi-party system was eliminated by the National Socialists. The ?Reichstag Fire Decree? of 28 February 1933 suspended fundamental rights enshrined in the constitution, such as personal freedom and freedom of opinion, association and assembly. A flood of laws and decrees which hindered and eliminated the work both of the political parties and of political assemblies from Parliament down to local level, as well as terror, arbitrary detentions, threats and suppression, forced the political parties to ?coordinate? themselves. Initially it was the Communists and Social Democrats, in particular, which were subjected to National Socialist persecution; then the conservative and liberal parties were affected. All attempts to avoid the dissolution of the parties failed. On 14 July 1933, the ?Act Prohibiting the Creation of New Political Parties? was enacted, cementing the one-party state.
Topical Term of 04/07/2008
10 May 1933 - The book burnings
The "Action Against the Un-German Spirit", systematically organised by the German Student Association (DSt), began on 19 April 1933 with the DSt issuing a call for action that unleashed a witch hunt against lecturers who were Jews, Communists or members of the SPD Reichsbanner organisation, or had allegedly "insulted the National Socialist movement, its Führer or front-line soldiers". In early May 1933, on the basis of a hurriedly compiled list, students began, with the support of the police, the SA and the SS, to remove tens of thousands of books from libraries and book shops. In line with the DSt?s plans, book burnings took place in 22 German university towns on 10 May 1933, in some cases with radio coverage. The stigmatisation of the authors destroyed their livelihoods, as well as causing lasting damage to German intellectual life. Many authors went into exile, where a number committed suicide. Today there are many initiatives dedicated to remembrance of the book burnings.
Topical Term of 04/07/2008
23 March 1933 - The "Enabling Act" (Act for the Removal of the Distress of the People and the Reich)
Immediately after Adolf Hitler?s government took office, the Reichstag Fire Decree (Reichstagsbrandverordnung) was enacted, which severely curtailed fundamental rights and subjected the police largely to the control of the national government. To give the destruction of democracy planned by the National Socialists a veneer of legality, the "Act for the Removal of the Distress of the People and the Reich" of 23 March 1933, more commonly known as the "Enabling Act" (Ermächtigungsgesetz), which consisted of only five articles, was enacted. Following the annulment of the mandates held by Communist Party (KPD) parliamentarians, and with other parliamentarians absent due to persecution by the National Socialists, only 94 SPD Members voted against the bill, while the other 444 parliamentarians voted in favour. The "Enabling Act" allowed Hitler?s government to enact laws without the consent of the Reichstag, which continued to exist, or of the Reichsrat and without the countersignature of the President of the Reich.
Topical Term of 04/07/2008
30 January 1933 - "The appointment of Adolf Hitler as Chancellor"
On 30 January 1933, Adolf Hitler was appointed Chancellor by President Hindenburg, within the framework of a "presidential cabinet". This was an important step on Hitler?s path to establishing a National Socialist dictatorship. The period of what were known as "presidential cabinets" began following the collapse of the Grand Coalition under Chancellor Hermann Müller. Due to their lack of a majority in Parliament, these cabinets were dependent on the goodwill of the President, and governed largely by means of the President?s right to issue emergency decrees (Article 48 of the Weimar constitution). Following the collapse of the presidential cabinets under Heinrich Brüning, Franz von Papen and Kurt von Schleicher, Hitler was appointed Chancellor. It was intended for Hitler and the two National Socialist ministers to be kept in check by the other conservative ministers in the Cabinet.
Topical Term of 04/07/2008
The crushing of the independent trade unions on 2 May 1933
The day on which the independent trade unions in Germany were crushed was the 2nd of May 1933, when the buildings of the General German Trade Union Federation (ADGB) were occupied by National Socialists, the federation?s assets were confiscated, and many officials were imprisoned, tortured or murdered. Trade union members were transferred to the National Socialists? trade union, the German Labour Front (DAF). This day marked another important step on the path to the establishment of a National Socialist state. Following Hitler?s appointment as Chancellor, the trade unions sought to come to an accommodation with the new government, but this did not prevent the National Socialists from taking violent action against them. By the end of June 1933, all trade unions had been disbanded and their members transferred to the DAF, which became one of the National Socialists? largest mass organisations with over 25 million members at times.
Topical Term of 04/07/2008
Caretaker governments
A lack of a clear majority following federal or Land Parliament elections can hinder the swift formation of a new government. To prevent a limbo state in which there is no government, the Basic Law (the German constitution) and the constitutions of the Länder (federal states) provide for the previous government to remain in office until a new head of government has been elected and a new government formed. A caretaker government has the duty to continue managing the business of government until a new government takes over
Topical Term of 04/02/2008
Language requirements in legislation concerning foreign nationals
Germany?s legislation concerning foreign nationals in many cases requires non-EU citizens to have a sound command of the German language in order to receive or consolidate a particular residence status, for example to receive a permanent right of residence in Germany or for families joining immigrants in Germany. Different language requirements exist for the different residence rights which foreign nationals can acquire; these requirements can range from "basic knowledge" to "a sound command" of the German language. In order to learn German, foreign nationals may be entitled to language courses; in certain circumstances, they may be required to attend these courses.
Topical Term of 04/02/2008
The European Parliament
Factsheet Europe of 03/05/2008 (2 pages)
Cuba's development prospects in the post-Fidel Castro era
Cuba is on the brink of a new era. On 24 February 2008, the Cuban Parliament elected 76-year-old Raúl Castro (Ruz) as President of the Council of State and the Council of Ministers: Cuba?s new head of state. He succeeded his brother Fidel Castro (Ruz), who is five years older, and who had led the Communist state in the Caribbean without interruption since 1959, first as prime minister and then as head of state from 1976. Following Raúl Castro's election as President, expectations of fundamental reform in the country have risen both in Cuba and abroad. Observers are divided about whether he will, unlike his brother Fidel, move towards a broad opening of Cuba.
Topical Term of 03/03/2008
European Year of Intercultural Dialogue
The European Parliament and the Council of the European Union have declared the year 2008 the "European Year of Intercultural Dialogue" (EYID). The European Year aims to draw the attention of people in Europe to the importance of dialogue within diversity and between diverse cultures. The idea had initially been put forward by the European Commissioner with responsibility for culture, Ján Figel', during his hearing before the European Parliament in September 2004. With an overall budget of ¤ 10 million, the European Year will draw on the wealth and diversity of a series of specific projects to be implemented during 2008 through programmes and other Community actions. Culture, education, youth, sport and citizenship will be the main areas concerned. The Year will feature a small number of flagship projects on a European level, as well as EU support for national actions in each Member State.
Topical Term of 02/29/2008
The limits of investigative measures that can be taken by the public prosecution office and inadmissibility of improperly obtained evidence
With regard to the current investigations by a public prosecution office into suspected tax evasion by German citizens using foreign banks, it has been reported that the German authorities are apparently basing their investigation on evidence acquired by third parties who may have breached contracts or even broken the law by passing on this evidence. Against this background, the text provides a general overview of what legal yardsticks are applied, during potential court proceedings at a later date, to investigative measures taken by public prosecution offices, and the admissibility of information gained via these measures.
Topical Term of 02/28/2008
Electoral law and the electoral system
The text gives an overview of the constitutional foundations of electoral law and the system for elections to the German Bundestag. In particular, it looks at the limits placed by the constitution on the shaping of the electoral system. It then goes on to summarise the advantages of proportional and First-Past-the-Post electoral systems.
Topical Term of 02/21/2008
Amendment to the Law Concerning the Supervision of Insurance Enterprises
On 15 November 2007, the German Bundestag adopted the Ninth Law to Amend the Law Concerning the Supervision of Insurance Enterprises (VAG). It was two rulings made on 26 July 2005 by the Federal Constitutional Court in particular which made it necessary to amend the VAG. The central provision contained in the new law stipulates that every contract wholly or partially transferring portfolios from one insurance company to another requires specific authorisation from the supervisory authority. In addition, the amendment brought supervision in the insurance sector into line with international standards, in particular with regard to companies' internal risk management.
Topical Term of 02/04/2008
From the Euro-Mediterranean Partnership to the Mediterranean Union
Factsheet Europe of 01/25/2008 (2 pages)
The EU wine market reform - on the path to sustainability in the European wine sector
Factsheet Europe of 01/24/2008 (3 pages)
Criminality amongst immigrants and young people - statistics, causes and cures
At the beginning of the year, spectacular cases of criminal violence by young people of non-German origin became the focus of attention amongst the public and politicians. There is strong disagreement amongst the parties about the reaction called for from the state to prevent brutal violence. Whilst, on the one hand, some call for tougher sentences for young people, others highlight the social causes of crime and call for greater emphasis on preventative measures. An analysis of crime data in Germany shows that the burden placed on the population by young criminals of non-German origin has not increased. However, the propensity for violence and number of crimes committed is greater amongst young people of non-German origin. Comparisons between Germans and non-Germans are misleading, however, as statistics only record the citizenship of suspects, rather than their level of education, social situation or background.
Publication of 01/15/2008 (21 pages)
The constitutional position of the child
A political discussion is currently taking place on whether specific children's rights should be incorporated into the constitution. This Topical Term provides an overview of the current constitutional position of the child, including against the background of the Federal Constitutional Court's rulings. It explains in what form children?s rights could be incorporated into the Basic Law (the German constitution). In closing, it looks briefly at children's rights in the constitutions of Germany's Länder (federal states) and the Member States of the European Union.
Topical Term of 01/03/2008
From "Wise-men Committee" to "Reflection Group"
On 14 December 2007, the European Council has established an independent reflection group, "in order to help the Union anticipate and meet challenges more effectively in the longer term (horizon 2020-2030)". The former Spanish prime minister, Felipe González, was entrusted with the chairmanship of the group. Two vice-chairpersons will assist him, Vaira Vike-Freiberga, former Latvian president, and Joröa Ollila, former chairman of Nokia. Nine members altogether shall belong to the group. The decision originates in a proposal made by French president Nicolas Sarkozy, who had suggested the creation of a "wise-men committee". Yet the composition and mandate of the reflection group clearly fall short of the initial conception.
Factsheet Europe of 12/20/2007 (2 pages)
The Lisbon Treaty
In June 2007, under German EU-Presidency, the heads of state of the 27 EU members agreed upon a precise mandate for an intergovernmental conference. Based on the results of the intergovernmental conference of 2004 a reform treaty has been drafted which shall amend the Treaty on the European Union (Maastricht) and the Treaty Establishing the European Community (Rome).In this process the idea of a Constitution replacing all earlier EU treaties, having been pursued until 2005, has been abandoned. All references with regard to preamble, anthem and flag representing the symbols of the EU have been dropped as well. At the informal October-meeting in Lisbon the heads of the EU states discussed the drafted new treaty and resolved all controversial issues. As the Lisbon Treaty, the reform treaty has been signed by all heads of state in the Portuguese Capital on 13 December 2007. All 27 EU countries will be expected to ratify the Treaty by 2008 in order to put the EU on a new common foundation prior to the European elections in 2009. Hungary was the first state to ratify the treaty on 17 December 2007.
Factsheet Europe of 12/19/2007 (5 pages)

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