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

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The history of European elections in Germany since 1979
On 7 June 2009, the seventh direct elections to the European Parliament will take place. Since 1979, the Parliament has been elected every five years by the voters of all EU Member States. Of the six previous European Parliament elections in Germany, three took place in what was then West Germany, and three in reunified Germany. A total of seven parties from Germany have entered the European Parliament since 1979. The average turnout in Germany has always been significantly lower than for Bundestag elections, but close to the European average.
Topical Term of 05/20/2009
System of "standard service volume" - instrument used to calculate the remuneration of panel doctors
The controversial "standard service volume" system (Regelleistungssystem) introduced in the framework of the 2009 reform of doctors' fees, is based on Article 87 b of Book V of the German Social Code. The "standard service volume" represents the amount of panel-doctor services for which an individual doctor or doctor's practice is entitled to claim reimbursement over a set period of time; these services are reimbursed using a table of fees in euros (Euro-Gebührenordnung), which is produced pursuant to Article 87 (2) of Book V of the Social Code, and lists the prices which a doctor or doctor's practice is entitled to claim for specific services. The aim of the "standard service volume" system is to separate a certain volume of basic services from services going beyond this volume and which are not able to be fully financed and which, pursuant to Article 87 b (2), sentence 3 of Book V of the Social Code, can only be partially reimbursed. The aim of this provision is to prevent doctors and doctors' practices from providing an excessive volume of services (c.f. Article 87 (2), sentence 1 of Book V of the Social Code.
Topical Term of 05/13/2009
Short-time working
The second economic recovery package (Konjunkturpaket II) simplifies application requirements for short-time working and creates financial incentives for companies, in order to prevent job cuts as a result of the international financial crisis. In addition, the Federal Employment Agency is providing support to companies who use the working time freed up by the economic crisis to provide further training for their employees. According to preliminary estimates by the Federal Employment Agency, 4.1 million workers were working on the basis of such short-time working measures in April.
Topical Term of 05/13/2009
Youth violence
Against the background of numerous representative studies which tend to confirm that youth violence is actually on the decrease, the debate on violence which takes place each year can be seen as exaggerated. Youth violence is predominantly the problem of young males; those attending lower secondary school and young people with an immigrant background are disproportionately represented. In addition, factors like delinquent friends, truancy, alcohol and drug consumption, domestic violence and violent media also play a role.
Topical Term of 05/12/2009
The Council of Europe
The Council of Europe is celebrating its 60th anniversary. Its primary aim is to create a common democratic and legal area throughout the European continent, ensuring respect for its fundamental values: human rights, democracy and the rule of law. This text briefly describes the fields of work of the Council of Europe as well as its institutions and takes stock of its achievements.
Topical Term of 05/08/2009
The attitude of the international community to the current Congo conflict
Following the renewed outbreak of civil war in the East of the Democratic Republic of the Congo (DRC) in August 2008 and a brief relaxation of the situation, fighting has recently flared up once again between the rival militias. This fighting has affected the provinces of North and South Kivu in the East of the DRC. The international community reacted to the dramatic escalation of the humanitarian situation by boosting the number of blue helmets and reinforcing its diplomatic moves to revive the peace process with the armed groups in the Democratic Republic of the Congo, and with the neighbouring country of Rwanda. Lasting peace depends on effective monitoring of the weapons embargo, the reform of the security sector and progress in demobilising and reintegrating fighters.
Topical Term of 05/05/2009
Europeana
Europeana is an internet service funded by the European Commission under the eContentplus programme, as part of the i2010 policy. Originally known as the European digital library network - EDLnet - it is a partnership of 100 representatives of heritage and knowledge organisations and IT experts from throughout Europe. Europeana offers access to the resources of 47 European national libraries. The resources, both digital and non-digital, include books, magazines, journals, audio recordings and other material.
Topical Term of 04/27/2009
Referendums in the Member States of the European Union
Discussions take place at regular intervals in Germany on the subject of referendums at federal level. This issue of the Topical Term examines the legal situation in other EU Member States and compares this with the provisions contained in the Basic Law, the German constitution.
Topical Term of 04/23/2009
Referendums
Demands are repeatedly heard for the introduction of instruments of direct democracy into the Basic Law, the German constitution. This issue of the Topical Term examines the legal situation and the parliamentary initiatives launched since 1950 to introduce referendums at federal level.
Topical Term of 04/23/2009
Elite Sport of Persons with a Disability
During recent years awareness and acceptance of persons with a disability have grown in all areas of society, including physical education and sport. World-wide the interest and participation of individuals with a disability in sport at all levels are continually growing. Remarkable developments can be identified, especially as far as the level of excellence in sport is concerned: Paralympic Games have become a highlight in the world of sport and already the world's second largest sport event after the Olympic Games. World-wide the interest and participation of individuals with a disability in sport at all levels are continually growing. Remarkable developments can be identified, especially as far as the level of excellence in sport is concerned. While some sports organisations are economically self-sufficient, most of them are dependent on public funding. Public sector support can take many different forms. The main issue faced by a number of countries is how to achieve a successful financing model for giving public support to paralympic sport.
Factsheet of 04/15/2009 (54 pages)
Regulations on violent computer games in Europe and Germany
Computer and video games with violent content - also referred to as ?killer games? in the public debate in Germany - have come in for repeated criticism. This issue of the Topical Term sets out regulations and special systems relating to violent computer games in Europe and Germany
Topical Term of 04/08/2009
Patents and licences in insolvency
In view of the crisis at the US carmaker General Motors (GM), there are reports that the carmaker Opel has ?ceded? its patents to GM and now pays licence fees for every car sold. The possibility of one or both of these companies becoming insolvent raises the fundamental legal question of what regulations patents or any licence agreements are subject to in a situation of this kind.
Topical Term of 04/07/2009
Insolvency
Against the backdrop of the current financial and economic crisis insolvencies are presently being controversially discussed in politics and the media. The article gives a short overview of purpose and conditions of the insolvency proceedings according to the German Insolvenzord-nung (Insolvency Code).
Topical Term of 04/03/2009
2009: a "super election year"
A total of 15 elections are to be held in Germany in 2009: Bundestag elections, elections to the parliaments of certain Länder (federal states), local elections and European Parliament elections. In addition, the Federal President is to be elected by the Federal Convention on 23 May 2009. As a result, 2009 is sometimes referred to as a "super election year".
Topical Term of 04/01/2009
Orbital Debris
Orbital debris are increasingly posing a threat to manned and unmanned space flights. This text briefly reviews the nature and origin of debris objects, discusses options for reducing the danger of collisions, and presents the framework of discussions on cooperative countermeasures at the international level.
Topical Term of 03/31/2009
Committees of inquiry
The opposition parties have reached agreement on the establishment of a new committee of inquiry, the second in the Bundestag?s current electoral term. This issue of the Topical Term sets out the legal basis for the work of committees of inquiry.
Topical Term of 03/27/2009
Cross-border leasing against the background of the current financial crisis
As a result of the current financial crisis, cross-border leasing transactions - which have always been controversial - are again being subjected to serious criticism. In most cases, these transactions involved German local authorities leasing infrastructure assets to US investors. Due to the financial crisis, the local authorities involved are in some cases facing contractual liabilities with massive financial implications.
Topical Term of 03/26/2009
Twitter
The microblogging service Twitter lately has become increasingly popular in Germany. Twitter was founded and is still most widely used as a social platform. The advantages of this new tool for spreading news and communicating with a large and mainly young audience have also been discovered in politics and business as well as marketing and the service sector. Whereas some journalists have started to use twitter for the rapid acquisition of information, the tool has turned out to be of limited use for deeper journalistic research.
Topical Term of 03/26/2009
Plea bargaining in criminal proceedings
Plea bargaining in criminal proceedings ? in other words, an agreement being reached between the parties with the aim of speeding up or potentially ending the proceedings - is currently not regulated by the German law of criminal procedure. A number of new bills seek to regulate this issue.
Topical Term of 03/25/2009
Legislation affecting only a single case
From time to time, the public perceives and criticises legislation as affecting only a single case, instead of applying generally. This issue of the Topical Term examines the constitutional provisions banning legislation of this kind, with reference to selected rulings by the Federal Constitutional Court.
Topical Term of 03/19/2009
60 years of NATO - its history, development and structure
On 4 April 2009, NATO - the North Atlantic Treaty Organisation - will be celebrating its 60th anniversary. NATO was established as a common defence and security alliance between (West) Europeans and North Americans in the post-1945 era, when the East-West conflict was developing; it was intended to act as a deterrent to the Communist Soviet Union and to curb its expansionist aspirations. In recent years, NATO has evolved from an alliance focused primarily on collective defence into a comprehensive security community which can potentially take action anywhere in the world. This process of political and military transformation of all aspects of NATO has not yet been completed.
Topical Term of 03/19/2009
Endangered languages - The situation of regional and minority languages
In February 2009, UNESCO published its "Atlas of the World's Languages in Danger". This issue of the Topical Term deals with this Atlas while focusing in particular on the situation in Germany and languages which are in danger here. An overview is also given of conventions and agreements at international, European and national level which seek to protect and nurture endangered languages.
Topical Term of 03/18/2009
The Safer Internet Programme
The internet and the use of web services are gaining in popularity among children and young people. Yet alongside its obvious advantages, the increasingly complex online world also has many darker sides, such as cyber-bullying and cyber-grooming. The European Union's Safer Internet Programme aims to draw attention to online risks and in particular to raise young people's awareness of how to use the internet safely.
Topical Term of 03/18/2009
Negative voting weights and the reform of the German federal electoral law
The federal constitutional court ruled in July 2008 that the current electoral law violates the constitutional principles of direct and equal elections, and therefore needs to be amended by June 2011 at the latest. The reason why the electoral law is unconstitutional is the effect of "negative voting weights" which occurs in special situations due to the particular combination of majority vote and proportional representation implemented in the German electoral system. This document briefly reviews the current electoral system in Germany, explains in detail the mechanism behind the occurrence of negative voting weights, and discusses the effects and side-effects of alternative solutions to the problem.
Factsheet of 03/18/2009 (24 pages)
The reorientation of labour-market policy instruments
This issue of the Topical Term sets out the main substance of the Act on the Reorientation of Labour-Market Policy Instruments (Gesetz zur Neuausrichtung der arbeitsmarktpolitischen Instrumente), which entered into force on 1 January 2009.
Topical Term of 03/17/2009
European Parliament elections in the EU Member States
In June 2009, European Parliament elections are being held. This issue of the Topical Term provides an overview of the election process in Germany and in other EU Member States.
Topical Term of 03/11/2009
The German Ethics Council
This issue of the Topical Term presents the German Ethics Council: an autonomous and interdisciplinary group of experts. The Ethics Council is tasked with preparing its own opinions on ethical, societal, scientific, medical and legal questions arising from developments in the area of the life sciences. The Ethics Council was set up by means of the Ethics Council Act adopted by the German Bundestag. Like the Advisory Council on Ethics at the German Bun-destag, which is intended to provide parliamentary oversight and support, it has been in exis-tence since April 2008.
Topical Term of 03/10/2009
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)
Protection against noise at sports facilities, day-care centres and play parks
Among the changes introduced by the first stage of the reform of Germany's federal system is a restructuring of the legislative powers relating to protection against noise at sports facilities, day-care centres and play parks. This information bulletin outlines the most important changes.
Factsheet of 02/27/2009 (8 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
EU Cultural Policy 2009
In the field of culture the European Union encourages co-operation between Member States and complements their actions, while respecting their national and regional diversity. And as European cultural policy evolves, a specific European Agenda for Culture has been developed. In addition the open method of coordination will be used as a new way of cooperation in the field of culture that provides a flexible and non-binding framework and fosters exchanges of best practices. The new strategy has three main objectives: to promote cultural diversity and intercultural dialogue; to utilise culture as a catalyst for creativity and innovation in the context of the Lisbon Strategy to transform Europe into the most competitive knowledge-based society in the world; and to ensure that culture becomes an important component in the EU's external relations.
Factsheet of 02/18/2009 (25 pages)
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
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
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
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
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)
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
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
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
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
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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