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

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The Baltic Sea-Pipeline
Factsheet Europe of 08/12/2008 (2 pages)
Recent developments in electoral law
The Federal Constitutional Court has declared anti-constitutional the clauses of the Federal Electoral Act which produce an effect, known as ?negative vote weighting?, where votes work against the party they are cast for. The Federal Constitutional Court has declared the five per cent threshold in local elections in Schleswig-Holstein, which requires parties to win at least five per cent of the votes in order to gain seats, to be unconstitutional and has repealed the measure. The Act to Amend the Law on Elections and the Legal Status of Members of the Bundestag amended the provisions in the Federal Electoral Act on the selection of party candidates for election, preventing parties from placing members of another party on their lists.
Topical Term of 07/10/2008
Status of the ratification process for the Treaty of Lisbon
This Topical Term sets out the fundamental legal conditions that must be taken into account when considering how to proceed following the ?no? vote in the Irish referendum on the Treaty of Lisbon. In addition, it features a table providing an overview of the status of the ratification process in the EU Member States.
Topical Term of 07/01/2008
Legal services law
On 1 July 2008, the Legal Services Act (Rechtsberatungsgesetz - RDG) will come into force in the framework of a fundamental reform. This new law will replace the Law on Legal Counselling (RBerG), and, on the basis of a new act on reform of legal counselling, the current Law on Legal Counselling will cease to have effect on the same day. The declared goal of the Legal Services Act is to protect those seeking legal recourse whilst encouraging civic engagement in the field of legal counselling through liberalisation.
Topical Term of 06/16/2008
Federal Government Culture and Creative Industry Initiative
The economic significance of the culture and creative industry has been moving more and more into the focus of national and international policy-making in recent times. The initiative of the Federal Government aims to develop political support for the culture and creative industry by strengthening its competitiveness and by making better use of and developing its employment potential. To this end, it is necessary to examine the extent to which existing support and instruments can be adapted. In addition more work needs to be done to adopt appropriate standards and definitions.
Topical Term of 06/16/2008
Delimitation of the continental shelf in the Arctic
Against the background of Arctic thaw, extraction of the raw materials believed to be located under the Arctic Ocean no longer seems inconceivable. The littoral states are thus attempting to extend the defined limits of their own continental shelves as far as possible ? entitling them, amongst other things, to extract the raw materials found there. This "Topical Term" examines the substantive criteria laid down in the Convention on the Law of the Sea, as well as the procedures used in delimiting the continental shelf.
Topical Term of 06/13/2008
Time limits in the legislative process
The Basic Law, Germany?s constitution, contains no provisions about the duration of the legislative process. However, provisions relating to time are contained in the Basic Law and, in particular, the Rules of Procedure of the Bundestag ? in the form of specific time limits, but also terms such as "appropriate" or "reasonable" and "without delay". This "Topical Term" provides an overview of the most important regulations.
Topical Term of 06/12/2008 (2 pages)
Top-down and bottom-up in the budgetary system
For some time, a project at the Federal Ministry of Finance has been examining the question of "modernisation of the budgetary and accounting system". The "top-down approach" is playing a key role in these discussions. This approach to preparing the budget means that the individual government departments are presented with their concrete budget frameworks by the Federal Minister of Finance. Currently in Germany, the "bottom-up principle" is applied in preparing the federal budget. This means that the individual departments inform the Federal Minister of Finance of the level of financing they require. Whether a paradigm shift will indeed take place remains to be seen.
Topical Term of 06/09/2008
Certificate trading system for renewable energies
Extending the use of renewable energies is one of the central elements of European climate protection policy. In 2007, the Council of the European Union adopted an action plan to increase the proportion of electricity generated by renewable energies to 20% by 2020. In order to create market incentives for energy generated from renewable energies, a system of trading with Guarantees of Origin for renewable energies exists at EU level. A new proposed directive provides for the extension of this system. Despite similar goals, this system differs in its effects from national systems for promoting renewables such as the German Renewable Energies Sources Act (EEG).
Topical Term of 06/02/2008
Responsibility to Protect
The concept of "responsibility to protect" developed as a result of the humanitarian and human-rights crises of the 1990s, in particular the genocide and ethnic cleansings in Rwanda in 1994 and during the Balkan wars from 1991 to 1999. The concept firstly sets out a responsibility on the part of every state to ensure adequate protection of its own population. At a secondary level, it also includes an international responsibility to protect, should a state be unable or unwilling to fulfil its primary responsibility.
Topical Term of 05/29/2008
Consumer price development in Germany in 2008
In May 2008, the price for one barrel of WTI oil reached the record level of $135. At the same time, rapid increases in prices for agricultural commodities like wheat or rice and the resulting food crisis for large sections of the population in the emerging and developing countries attracted public attention. The price increases on the worldwide commodities markets were also felt by German consumers: petrol and diesel became more and more expensive and consumers had to pay considerably more for many food items than only a year earlier. The extent to which these developments reflect overall rises in inflation is illustrated by the rise in consumer prices in Germany.
Topical Term of 05/29/2008
Doping in recreational and mass sport
Recreational sports in clubs and commercial sports facilities are widespread in Germany. However doping and drug abuse also exist in this area. The health-threatening potential of these substances is considerable. The Pharmaceutical Products Act (Sections 6a, 95) stipulates that the "placing on the market, prescribing or administering of medicinal products to others for the purpose of doping in sport" are liable to imprisonment or to a fine. These legal measures concentrate mainly on High performance sports whereas the fight against doping in recreational and mass sport is strengthened primarily through prevention and awareness-raising measures.
Topical Term of 05/27/2008
Change of system following the Treaty of Lisbon for legislative procedures already underway
Factsheet Europe of 05/22/2008 (2 pages)
EU-Japan Presidential Summit
Factsheet Europe of 05/22/2008 (2 pages)
European criminal law
Factsheet Europe of 05/21/2008 (4 pages)
A parliamentary army under executive command
The Federal Constitutional Court?s ruling of 7 May 2008 on an operation involving German soldiers in AWACS aircraft over Turkey in spring 2003 marks another step on the path towards a greater role for parliament in the decision-making process in the field of the Federal Republic of Germany?s foreign and security policy. The Federal Constitutional Court has refined and significantly developed its past rulings by outlining in functional and constitutional terms the concept of a ?parliamentary army?. This is leading in some respects to a shift in the relationship between the Bundestag and the Federal Government regarding the separation of powers in the field of foreign relations: the use of military force marks the boundary of the executive?s otherwise generous latitude in the field of foreign affairs. In view of the function and significance of the constitutional requirement to obtain Parliament?s approval for military operations abroad, the scope of this requirement must not be defined restrictively.
Topical Term of 05/20/2008
Agriculture Markets booming - World Food in Distress
For various reasons, between January 2007 and May 2008, prices for food grains and oilseeds have been exploding. "Donors must act now to feed hungry, wheat prices are up 120 %, rice prices are up 75%" says Robert B. Zoellick, President of the Worldbank. "Higher food prices are not a thread, but they open opportunities", says FAO General Director Jack Diouf. Economists think, that agriculture - after almost 40 years of shrinkage and stagnation, has a now a good chance to become a thriving sector for the next twenty or 30 years. And a number of professional investors, as well as bargain hunters have rearranged their stock market portfolios towards "soft commodities".
Factsheet of 05/19/2008 (13 pages)
EU mediation directive
On 23 April 2008, the European Parliament formally approved at second reading the Directive on certain aspects of mediation in civil and commercial matters (known as the Mediation Directive). The Directive, intended to reinforce mediation as an alternative dispute-resolution mechanism in civil and commercial cases, has to be transposed into national law by the Member States within three years of its adoption. It is possible that, in the process of transposition into national law in Germany, provisions on national mediation proceedings may be created at the same time.
Topical Term of 05/13/2008
The discussion on EC/EU accession to the European Convention on Human Rights (ECHR)
On 17 April 2008, the Council of Europe Parliamentary Assembly made a recommendation, supported by a large majority, to the Committee of Ministers of the Council of Europe, calling for the immediate launch of negotia-tions with the European Union on EU accession to the European Convention on Human Rights (ECHR). Thus, the Parliamentary Assembly has placed on the political agenda of the Council of Europe once again the decades-old debate on EG/EU accession to the ECHR. At the same time, the EU is creating the legal framework for ac-cession through the Treaty of Lisbon.
Topical Term of 05/09/2008
The Federal Security Council
The Federal Security Council is a Federal Government committee established as early as 1955 to coordinate German security policy. Although the committee is chaired by the head of government, it is a body of the cabinet as a whole. Not all Federal Ministers belong to the committee, however. The meetings of this cabinet committee are secret; its decisions are generally forwarded to the Federal Government as recommendations only.
Topical Term of 05/09/2008
Long-term care support centres in the Act to Reform Long-Term Care
One important element contained in the Act to Reform Long-Term Care, which will enter into force on 1 July 2008, is the establishment of long-term care support centres in Germany. These are intended, while taking existing structures into account, to provide a one-stop access point for services and advice to those in need of long term care and their relatives.
Topical Term of 04/30/2008
Cooperation between the Federal Intelligence Service and the public prosecution office in criminal investigations
According to media reports, the Federal Intelligence Service (BND) played a role in the investigations into suspected systematic tax evasion on a massive scale by German citizens using banks in Liechtenstein. This has raised the question of whether and, if so, within what limits the Federal Intelligence Service is permitted to act in the context of criminal investigations
Topical Term of 04/30/2008
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 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
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
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 Rittersturz Conference, 1948: aspects with relevance for Germany as a whole
At the conference in the Rittersturz Hotel in Koblenz from 8 to 10 July 1948, the minister-presidents of the three Western zones drafted their own proposals for the establishment of a West German state, on the basis of the "Frankfurt Documents", in which the Western allies had set conditions for the establishment of a ?partial state?. The minister-presidents of the Western zones sought to avoid prejudicing the question of Germany?s division: symbolically, for example by involving a representative of West Berlin, and in conceptual terms, by using unusual constitutional terminology.
Composition of 04/11/2008 (17 pages)
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
The current debate on the 1968 movement
Forty years after 1968, there is still an intensive debate in the Federal Republic of Germany about the significance of the 1968 movement for society, politics and culture. In terms of academic research, studies are increasingly being published which aim to provide an objective historical reconstruction of this period of social, political and cultural upheaval and its various aspects and facets. Against this background, the factsheet sets out the socio-cultural context, the international dimension and the special characteristics of the German protest movement. It also explores the critical debates about the 1968 movement and the possible long-term implications of the protest movement for Germany.
Factsheet of 04/10/2008 (18 pages)
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
Compatibility of clauses requiring compliance with collective agreements with Community legislation
Factsheet Europe of 04/09/2008 (3 pages)
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
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
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
The Area of Freedom, Security and Justice in the Treaty of Lisbon
Factsheet Europe of 03/18/2008 (4 pages)
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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