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

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The poll and the electoral system
In its ruling of 3 March 2009, the Federal Constitutional Court declared the use of voting machines in the 2005 Bundestag elections to be unconstitutional. Their use infringed the principle of electoral transparency, which stipulates that the citizen must be able to understand, reliably and without requiring specialist knowledge, the main steps involved in the poll and in establishing the results. However, this infringement of the constitution does not mean that the Bundestag must be dissolved, because the flaws in the election are outweighed by the principles protecting the elected Parliament. The Federal Constitutional Court had also found, in a ruling of 3 July 2008, that the effect known as 'negative vote weight' in electoral law is unacceptable in constitutional terms. This effect - where additional votes for a party can reduce the number of seats to which it is entitled, and vice versa - arises in connection with 'overhang mandates' in the distribution of seats among various connected party lists in the federal states. The court has given legislators until 30 June 2011 to introduce a system which complies with the constitution.
Topical Term of 03/09/2009
State immunity
State immunity is one of the basic principles of international law. The fundamental importance of this principle for international relations between states was recently demonstrated once again by the law suit against Italy launched by Germany on 23 December 2008 at the International Court of Justice in The Hague (ICJ). The principle of immunity under international law has developed over time from the legal practice of states and today is generally regarded as unwritten customary international law. According to the theory of restricted state immunity which is today very much the prevailing legal opinion, the question of state immunity depends on whether a foreign state's jurisdiction is to be applied to an area of sovereign action ("acta iure imperii") or to a non-sovereign area ("acta iure gestionis") - especially commercial activities.
Topical Term of 03/05/2009
Post-traumatic stress disorder
Post-traumatic stress disorder (PTSD) is a long-lasting disorder resulting from hugely traumatic events outside the realm of normal human experience (e.g. rape, other violent crimes, natural disasters, experiences of war, imprisonment, torture or hostage-taking). Typical symptoms which may occur either directly after the traumatic events or several years later include: sleep disorders, anxiety, angry outbursts, concentration problems and depression. Treatment is based on psychotherapy processes which focus on confrontation with the traumatic event.
Topical Term of 03/04/2009
The Monastery of Mor Gabriel
The Monastery of Mor Gabriel (in Turkish: Deyrulumur Manastiri) is one of the oldest Christian churches in the world. It is located in Tur?Abdin, in the Midyat district of Mardin Province, near the headwaters of the Tigris in south-eastern Turkey. Mor Gabriel is an important spiritual centre for this region, but also of the Syriac Orthodox Church worldwide.
Topical Term of 03/04/2009
ECJ ruling on the directive on data retention
Factsheet Europe of 03/02/2009 (2 pages)
Commission's Annual Policy Strategy for 2010
Factsheet Europe of 02/26/2009 (2 pages)
Directive on temporary workers
Factsheet Europe of 02/24/2009 (3 pages)
The Federal Chancellor's power to determine the general guidelines of policy
The first sentence of Article 65 of the Basic Law (the German constitution) states that "The Federal Chancellor shall determine and be responsible for the general guidelines of policy." Guidelines can be understood here as referring to general principles or fundamental policy decisions; in other words, the Federal Chancellor determines the general direction of government policy, without dictating every detail. Regarding the work of the federal ministers, the principle of ministerial autonomy (Article 65, second sentence) means that the affairs of each department (or ministry) are conducted independently by the ministers. The article also assigns the role of a collective decision-making body to the Federal Government (third sentence); this is known as the 'cabinet principle'.
Topical Term of 02/19/2009
Excess weight and obesity in children and adolescents
The number of overweight or obese children and young people has reached worrying proportions in Germany. The results of a survey on the health of children and adolescents conducted by the Robert Koch Institute indicate that 9% of children and adolescents aged between 3 and 17 are overweight, while 6% are already obese. The consequences are disastrous.
Topical Term of 02/13/2009
IRENA ? The International Renewable Energy Agency
On 26 January 2009, the International Renewable Energy Agency (IRENA) was established. Membership is open to all UN members; the agency is intended to focus exclusively on renewable energy. IRENA aims to bring together political, scientific, research and economic interests and to highlight and strengthen the potential of renewable energy sources.
Topical Term of 02/13/2009
First sitting of the Weimar National Assembly, 6 February 1919
On 6 February 1919, the German National Assembly gathered for its constituent sitting in Weimar. Although the Radical Left was vehemently opposed to the convening of a constituent assembly, the advocates of a parliamentary democracy triumphed in the elections held on 19 January 1919. Out of fear of disruption by revolutionary unrest, but also for federalist reasons, the Council of People's Representatives decided that the National Assembly should meet in Weimar. It was also hoped that the choice of venue would allow the democratic republic to benefit from the 'spirit of Weimar'.
Topical Term of 02/04/2009
Overfishing of the world's seas
This issue of the Topical Term on "overfishing of the world's seas" examines the problem of excessive depletion of fish stocks. In 2005, three quarters of worldwide stocks were overfished or depleted to the limits of their regenerative capacity. This has resulted in the threatened collapse of most commercially fished stocks. This is very worrying, since fish is an important source of nutrition for many people and often also their only source of income. This problem has been known about for decades. In the framework of its Common Fisheries Policy, the EU has been taking countermeasures since 1983. This Topical Term examines these measures and other possible alternatives.
Topical Term of 02/04/2009
The Health Fund: functioning, expectations and criticism
On 1 January 2009, the Health Fund was introduced in Germany, placing the statutory health insurance system on a new financial footing. Expectations of the restructuring vary widely, as does the criticism expressed of the new system.
Topical Term of 01/30/2009
Whistleblowers
Unlike many other industrialised countries, Germany does not have specific legal regulations to protect whistleblowers. This issue of the Topical Term sets out the current legal situation and legal rulings, and explains attempts to solve the problem in the area of legislation on public service employment and labour legislation.
Topical Term of 01/21/2009
Strategic gas reserves in Germany
The disruption in the supply of gas from Russia via Ukrainian pipelines in January 2009 has now, for the second time in a few years (the first being the crisis in the winter of 2006), drawn the attention of policy-makers and the general public to the security of gas supplies to Germany and Europe. Currently, around 35% of Germany?s gas is supplied by Russia. This proportion will rise further in the short and medium term, as the output of the other foreign sources (Norway 26%, the Netherlands 19%, the UK 5%, Denmark 5%) and domestic production (15%) are declining. Regarding the use of global sources of liquefied natural gas (LNG) - which must be transported by tankers rather than pipelines ? the necessary infrastructure is not yet in place. As it is impossible to rule out the possibility of further disruptions to gas supplies from Russia in the coming years, the question is how well-prepared Germany is for such a situation. One important point in this context is building up strategic reserves of gas which can be used to compensate for temporary disruptions in supply.
Topical Term of 01/21/2009
The importance of the Internet in the US election campaign
In media reactions to the last US presidential election, a clear consensus existed on the fact that the consistent use of the options presented by the Internet had been a significant factor in Barack Obama's electoral success. German reporters in particular celebrated the 44th President's online campaign as "perfect" and "graceful, multimedia-based, creative ? and consistently communicative". This study examines the question of whether reporting on the American presidential election has allowed itself to be misled by particularly striking examples, even though these were individual cases, which were in fact limited in their significance. Was the Internet really used by voters as a primary source of political information? Does examination of the political flow of information show that voters had switched to the Internet from other media? Or is it truer to say that the Internet expanded the range of instruments for campaigning, but did not supersede traditional elements? Was the Internet successfully used to win over undecided voters? And what role did the Internet play in mobilising supporters and activists?
Composition of 01/18/2009 (23 pages)
The Bloc policy and Bloc parties
The Bloc parties have recently become the focus of public attention. This was the name given to the political parties in the Soviet zone of occupation which came together to form the "Anti-Fascist Democratic Bloc" on 14 July 1945. This included the Christian Democratic Union (of Germany) - the CDU(D), the Democratic Farmers? Party of Germany (DBD), the Liberal Democratic Party of Germany (LDP, later LDPD), and the National Democratic Party of Germany (NDPD). The ?Bloc policy? was the term for the cooperation between the Socialist Unity Party of Germany (SED) and ?friendly? parties, as well as selected mass-membership organisations (the Free German Trade Union Federation (FDGB), the Free German Youth (FDJ), the Democratic Women's League of Germany (DFD), the Cultural Association and the Association for Mutual Farmers? Assistance). The Bloc policy was the most important element of the SED?s ?alliance policy?.
Topical Term of 01/16/2009
Resistance to antibiotics
Improper use of antibiotics and insufficient use of measures to prevent infection have led to an increase in resistances to antibiotics, meaning that increasing numbers of pathogens no longer react to the standard antibiotics used. The presence of multi-resistant bacteria represents a grave health problem, particularly in intensive care units of hospitals. The European Antibiotic Resistance Day on 18 November is intended to focus public attention once a year on the need for responsible use of these medicines. The recently presented German antibiotic resistance strategy (DART) is a comprehensive plan, encompassing all affected areas, aimed at combating a further spread of resistance.
Topical Term of 01/16/2009
Antiziganism and Porrajmos
In the 1980s and 1990s, the term ?Antiziganism? became established in academic discourse to describe hostility towards ?gypsies? (Roma term = tsigane). The roots of this hostility can be religious in nature or derive from social prejudices. During the ?Third Reich? it became an ideology, and the supposedly ?asocial? behaviour of the ?gypsies? was considered to be ?racially determined?. The National Socialists? campaign of annihilation resulted in a genocide of the Sinti and Roma, for which the Roma expression ?Por(r)ajmos? (?devouring?) has become accepted in non-German-speaking countries.
Topical Term of 01/13/2009
Living wills
The law does not state whether a living will is binding on the doctors and carers of a seriously ill or dying person who is no longer able to give consent to medical treatment. Three cross-party bills have now been tabled in the Bundestag with the aim of establishing in law the scope of such an ?advance directive?, or living will. This issue of the Topical Term sets out the contents of these bills and the main differences between them.
Topical Term of 01/13/2009
Changes in the European Union in 2009
Factsheet Europe of 01/12/2009 (3 pages)
The czech Presidency of the European Union
Factsheet Europe of 01/06/2009 (3 pages)
Annual days of action, topic days and days of remembrance: selection for 2009
Days of remembrance, topic days and days of action are intended to commemorate important national or international societal, religious or historical events or draw attention to major issues or problems in society or in the social, medical or environmental sphere. In order to raise worldwide awareness of important topics, the United Nations in particular has established international days, years or decades dedicated to particular issues.
Composition of 12/15/2008 (69 pages)

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