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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European Court of Justice Judgement on the Tobacco Advertising Directive
Publication of 12/13/2006 (2 pages)
Commission's Communication on the Enlargement Strategy
Factsheet Europe of 12/12/2006 (3 pages)
The comitology procedure
Factsheet Europe of 12/12/2006 (5 pages)
Election turnout trends in the Federal Republic of Germany since 1990
In past decades, the turnout in national elections in the Federal Republic of Germany was high in comparison with many other Western industrialised countries. Since reunification in 1990, turnout has in general fallen at all electoral levels in Germany. This is true for elections at both federal and Land level. However, turnout varies, in some cases sharply, between the different electoral levels in Germany. Election researchers offer various possible explanations for the decline in turnout in Germany.
Topical Term of 12/08/2006
"The six-party talks on the North Korean nuclear weapons programme"
The North Korean nuclear programme, which has been the source of international controversy since the early nineties, led to the establishment of the six-party talks. Since March 2003, a total of five rounds of talks have taken place in the framework of this body, which is made up of representatives from the USA, North Korea, China, South Korea, Japan and Russia. Following the issuance of a joint declaration in September 2005, negotiations stalled. The diverse goals and strategies of North Korea's negotiating partners were contributing fac-tors. Following a one-year boycott by North Korea and the escalation of the conflict as a re-sult of North Korean testing of missiles and nuclear weapons, the six-party talks are now due to resume in the near future.
Topical Term of 12/07/2006
Green Paper on the Modernisation of Labour Law
Factsheet Europe of 12/06/2006 (2 pages)
The EU-Russianpolitic
Factsheet Europe of 11/30/2006 (4 pages)
Important legal amendments relating to social assistance (Book XII of the Social Code)
On 19 October 2006, the German Bundestag adopted an Act to Amend Book Twelve of the Social Code and Other Laws, to which the Bundesrat gave its consent on 3 November 2006. At the centre of this law, most sections of which are due to enter into force immediately following its promulgation, is a change in the way the standard rate of the social assistance benefit is calculated, in view of the 2003 Income and Expenditure Survey (EVS). The law introduces a single standard rate for both East and West, and simplifies procedures for the Länder (federal states) in setting the standard rate. The change in the way the standard rate is calculated and the amendments to various sections of Book XII of the Social Code will result in an increase in expenditure for local authorities of up to 50 million euros annually. The legal amendments place no financial burden on the Federation. The Topical Term examines only the most important amendments to Book XII of the Social Code.
Topical Term of 11/21/2006
The EU Regulation on Animal Transport
On 5 January 2007, Regulation (EC) No. 1/2005 on the protection of animals during transport and related operations (Official Journal L 3/1 of 5 January 2005) will enter into force. It includes comprehensive rules on the protection of animals during transport and tightens up existing legislation on this issue.
Topical Term of 11/07/2006
Soft Power
The concept of soft power (Joseph S. Nye) describes a form of power which does not rely on coercion, but rather on persuasion and the credibility of states and international organisations. This concept is in contrast with hard power, in other words the traditional forms of political, economic or military power. Nye's plea for more resources to be used to develop soft power, since this has proved ultimately more effective than hard power, is countered by proponents of foreign-policy realism with the argument that, in a world plagued by violence, order can only be created on the basis of hard power. A third, mediating position argues that the effectiveness of both soft and hard power is at its greatest when they are used in combination with each other.
Topical Term of 11/03/2006
The Millennium Development Goals
Following on from the Millennium Declaration made in 2000, the United Nations set out eight international development goals, known as the Millennium Development Goals (MDGs), to be achieved by the international community by 2015. The MDGs have no binding force under international law, but are politically binding goals which provide clear blueprints for the developments needed. The United Nations is supporting the achievement of the goals through a large number of measures. The interim assessments carried out by the UN and its subsidiary organisations on the realisation of the MDGs show wide variation in development progress in the different sectors and regions.
Topical Term of 11/03/2006
Freedom of establishment under community law and professional regulations for notaries in Europa
Factsheet Europe of 11/01/2006 (2 pages)
Current developments on the draft regulation on "Small Claims"
Factsheet Europe of 11/01/2006 (3 pages)
The Commission's legislative and work programme for 2007
Factsheet Europe of 11/01/2006 (2 pages)
The Defence Committee as a committee
The Topical Term "The Defence Committee as a committee of inquiry" sets out the legal conditions for the Defence Committee to convene as a committee of inquiry and its work. The main legal basis for this is Article 45a of the Basic Law, which gives the Defence Committee a monopoly on inquiries into defence matters. Section 34 of the Act Governing the Legal Framework for Committees of Inquiry of the German Bundestag of 19 June 2001 sets out the specific rights of the Defence Committee as a committee of inquiry.
Topical Term of 10/23/2006
The concept of a Transatlantic Free Trade Area
Factsheet Europe of 10/19/2006 (2 pages)
Keep Europe moving - Sustainable mobility for our continent - Mid-term review of the 2001 Transport White Paper -
Factsheet Europe of 10/05/2006 (3 pages)
Local inner urban development plans
With the draft presented at the beginning of August 2006 of a law to facilitate planning projects for inner urban development, the Federal Government is pursuing the goal of introducing to the Federal Building Code a new rapid procedure for local inner urban development plans. Against the background of economic and demographic change, the impacts of which are concentrated in cities and towns, the law is intended to help to ensure a sustainable form of urban development, in particular by reducing land take.
Topical Term of 10/05/2006
Development of an EU strategy on the rights of the child
Factsheet Europe of 10/04/2006 (2 pages)
50th anniversary of the people's uprising in Hungary
The Hungarian people's revolt in 1956, along with the workers' uprising of 17 June 1953 in the GDR and the 1968 Prague Spring in Czechoslovakia, represented one of the attempts by people in East-Central Europe, cut short by Soviet intervention, to throw off the yoke of the socialist dictatorships and free themselves from the Soviet sphere of influence. Many people in Hungary in 1956 firmly believed that they would be able to establish a democratic Hungary independent of the Soviet Union. In autumn 2006, the fiftieth anniversary of this event of historical significance not only for Europe, but for the world as a whole, will be celebrated.
Topical Term of 10/04/2006
The trans-European transport network (TEN-T)
In the late eighties, the idea of developing trans-European networks (TENs) for the areas of transport (TEN-T), energy (TEN-Energy) and telecommunications (eTEN) arose in the context of the establishment of the European internal market. Trans-European networks are intended to strengthen economic and social cohesion in the EU, create economic growth and jobs and guarantee competition. In 1996, guidelines were adopted for the creation of the first 14 TEN-T projects. These guidelines define the EU?s transport-policy aims and determine the structure of the transport network as the framework for the future development and expansion of European transport infrastructure. TEN-T encompasses transport management systems in addition to all forms of transport. There are currently 30 TEN-T initiatives.
Topical Term of 09/28/2006
The Cyprus conflict and its effects on the EU accession negotiations with Turkey
Factsheet Europe of 09/26/2006 (3 pages)
Implementation of the EU-Directive for tissue and cell donation
The following article reflects the implementation of the directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells in Germany. The provisional law and subsequent legislation are described and their implications are discussed.
Topical Term of 09/22/2006
Safeguard clauses and transitional periods in the treaty on Bulgarian and Romanian accession to the EU
Factsheet Europe of 09/21/2006 (4 pages)
CFSP, ESDP and their instruments ? an overview
Factsheet Europe of 09/18/2006 (7 pages)
Lebanon - the history of a multi-confessional country
Since the beginning of the most recent military conflict between Israel and the radical Shiite Hezbollah militias, Lebanon has once again been at the centre of world attention. This Arab country has, for many decades, been one of the main focal points of the Middle East conflict. One of Lebanon's central characteristics is a system of proportional representation and quotas in line with the size of the different religious groups in the government, parliament and administration. The intention is to create a political balance between the different religious communities, in particular between Christians and Muslims. The system has proved unsuccessful in preventing the outbreak of two civil wars, however.
Topical Term of 09/18/2006
Agreement between the Bundestag and the Federal Government on cooperation on European Union matters
Factsheet Europe of 09/18/2006 (2 pages)
The German Research Foundation (DFG). Structure, procedures, need for reforms
The German Research Foundation is an important element of the scientific landscape in Germany . Its main task is the advancement of science by allocation of project funds to researchers at universities and other research institutions. Funding decisions are based on procedures that contain many elements of self-administration of the scientific community. This article reviews the organizational structure and the procedural rules of the DFG, and illustrates some of the ideas behind them. The second part of the text reports on some recent criticisms of the work of the DFG and on proposals for future changes of its structures and procedures.
Factsheet of 09/12/2006 (24 pages)
The election of judges for the Federal Constitutional Court
This "Topical term" factsheet provides information about the election of judges to the Federal Constitutional Court in Germany. It explains how the constitutional judges are elected by the Bundestag and Bundesrat. There has been criticism of the fact that, at the Bundestag, it is a committee of Members which elects the judges, rather than the whole House.
Topical Term of 09/11/2006
Effects of the General Equal Treatment Act on labour-law provisions relating to gender discrimination
On 18 August 2006, the General Equal Treatment Act entered into force. It has replaced the previous provisions in field of labour law relating to the equal treatment of men and women. This study sets out the Act?s clauses relating to labour law and examines to what extent there have been changes compared to the previous legal situation.
Composition of 09/08/2006 (27 pages)
Experiences after the first year of the European Emission Trading Scheme
In 2005, the Emission Trading Scheme started within Europe to reduce the carbon dioxide emissions and to combat the global climate change. After completion of the first year of trading and with proceeding of the second year, a couple of reports and statements reflect the experiences which were made until now. In general, the trading scheme has had a successful kick-off.
Factsheet of 09/06/2006 (30 pages)
New strategic approach to increase network and information security
Factsheet Europe of 09/06/2006 (2 pages)
Green Paper on a Future Maritime Policy for the European Union
Factsheet Europe of 08/31/2006 (3 pages)
Act on the Further Development of Basic Security for Jobseekers
In its sitting of 7 July 2006, the Bundesrat gave its consent to the resolution passed by the German Bundestag on an "Act on Further Development of Basic Security for Jobseekers". The Act focuses in particular on around 50 measures to improve integration of jobseekers, combat abuse of benefits and enhance administrative efficiency. The Act is intended to save around 1.2 bn euros over the next two years, along with around 280 million euros at local level.
Topical Term of 08/30/2006
A national academy of sciences ?
Unlike many other countries, Germany does not yet have a national academy of sciences. A heated debate has been underway for some time about the establishment of such an academy. New developments may mean that a decision is likely to be taken in the near future.
Topical Term of 08/30/2006
Proposed roaming regulation
Factsheet Europe of 08/28/2006 (2 pages)
2006 reform of the federal system ? Basic Law amendments ? synopsis
The synopsis of amendments to the Basic Law shows the previous version of the Basic Law with articles 22, 23, 33, 52, 72, 73, 74, 74a, 75, 84, 85, 87c, 91a, 91b, 93, 98, 104a, 105, 107, 109 and 125a in the left-hand column. In the right-hand column, the new version of each article is shown, as well as the new articles 104b, 125b and 125c. This comparison of the old legal situation and the new version of the Basic Law, which entered into force on 1 September 2006, is intended to provide readers with a clear and easy-to-understand overview of the amendments resulting from the reform of the federal system (Bundestag printed paper 16/83, Bundestag printed paper 16/2010, Bundesrat printed paper 462/06).
Documentation of 08/23/2006 (20 pages)
Green Paper on the European Transparency Initiative
Factsheet Europe of 08/22/2006 (4 pages)
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
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
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
Possibilities of the federal obligation according to Art. 37 Basic Law - Installation of a "austerity commissioner"?
The study examines the question of whether a Land (federal state) experiencing a financial emergency can have an "austerity commissioner" forced on it by the Federation in the framework of the Federation's powers to implement coercive measures vis-à-vis the Länder ("Federal execution"). To this end, the study describes the requirements of "Federal execution", enshrined in Article 37 of the Basic Law, taking into account the requirements arising from the Länder's budgetary autonomy, which is also enshrined in the Basic Law.
Composition of 07/19/2006 (17 pages)
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)
Spreading of transgenic potatoes by birds
The study examines the risk of transgenic potatoes being spread by birds and comes to the conclusion that the probability of volunteer genetically engineered potatoes occurring on a significant scale is extremely low.
Publication of 07/13/2006 (7 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)
Darfur-Conflict
In the Darfur region in the western part of Sudan there is an ongoing armed conflict mainly between the Janjaweed, a militia group recruited from local Baggara tribes and two local rebel groups of the non Baggara people of the region. The conflict has multi-ple interwoven causes. The paper informs about the background and the history of the conflict 2003-2006, as well about the peace agreement of May 2006 in Abuja and the recent peace efforts of the African Union and the United Nations (Resolution 1706 of the Security Council).
Publication of 06/22/2006 (28 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)
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)
European Anti-Fraud Office
Factsheet Europe of 05/15/2006 (2 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)
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)
IV. EU-LAC Presidential Summit
Factsheet Europe of 05/08/2006 (2 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
The Commission?s Annual Policy Strategy for 2007
Factsheet Europe of 03/23/2006 (2 pages)
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)
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
Reduced VAT rates on labour-intensive services
Factsheet Europe of 02/22/2006 (2 pages)
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
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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