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The International Convention for the Protection of All Persons from Enforced Disappearances
On 24 September 2009, the Federal Republic of Germany ratified the International Convention for the Protection of All Persons from Enforced Disappearances. The Convention aims, on the one hand, to prevent enforced disappearances by requiring all states parties to take preventive measures, including a total ban on secret detention. On the other, it aims to combat impunity for this crime by recognizing the absolute right of any person not to be subjected to enforced disappearance and by obliging all states parties to incorporate the crime into their national legislation and by committing them to arrest on their territory and to surrender, extradite or prosecute those responsible for such practices. In addition, it affirms the right to truth and requires all States Parties to grant victims and their families the right to obtain justice and reparation. The Convention is endowed with its own treaty-monitoring body and includes an optional complaint system for individual and state complaints. The Convention will enter into force when it has been ratified by 20 countries. -
The Minimum Wage Commission
The Minimum Wage Commission is the main committee established under the amended Minimum Employment Conditions Act (Mindestarbeitsbedingungengesetz). The Commission held its constituent meeting on 15 September 2009. The Minimum Employment Conditions Act supplements the provisions of the Act on the Posting of Workers (Arbeitnehmer-Entsendegesetz) and enables minimum wages to be set in economic sectors with few collective agreements. The study provides a brief overview of the content of the legislation and the composition of the committee. -
The 90th anniversary of the Weimar Constitution: What is its legacy?
The 90th anniversary of the Weimar Constitution is an opportunity to focus on some of its central elements and highlight the similarities and key differences to the Basic Law. -
The "debt brake" in the Basic Law
As part of the modernization of Federation-Länder financial relations in Stage II of the Federalism Reform, the "debt brake" has been incorporated into the Basic Law. The aim is to curb the public debt burden and thus safeguard the long-term sustainability of public budgets. The centrepiece is the introduction of a new rule which prohibits borrowing to eliminate budget deficits. The new provisions will come into effect in the 2011 budget year. However, a transitional period is envisaged for the Federation to 2016 and for the Länder to 2020, during which deviations from the new debt rules are still permissible. -
Voter turnouts in the Federal Republic of Germany
For decades, the Federal Republic of Germany was notable for its high voter turnout, especially at national elections, compared with many other Western industrialized countries. However, since the mid-1980s, a long-term trend towards greater voter abstention has been observed. At the six elections to the Bundestag held since reunification in 1990, turnout has averaged almost 78%, albeit on a clear downward trajectory since the 2002 election. Voter turnout initially increased at the first three Bundestag elections after German reunification, but has been declining since the Bundestag election in 2002. -
Incitement to hatred and violence (Volksverhetzung)
Incitement to hatred and violence (Volksverhetzung) is punishable under Section 130 of the German Criminal Code. The Topical Term provides a definition and explains which offences are covered by its scope of application. -
The criminal use of symbols of unconstitutional organisations
Extremists are making increasing use of symbols to promote their aims. The number of judicial decisions concerning bans on the use of certain symbols under Section 86a of the German Criminal Code is therefore growing. There is a high level of public interest in the incidents which are the subject of these decisions. Against this background, this study provides a brief overview of the substance and scope of Section 86a of the Criminal Code. It focuses on specific examples with which the courts have dealt in the past. -
Reform of law of succession
The article presents major aspects of the reform of the law of succession, which has included amendments to the law on compulsory portions of inheritance and to the statute-of-limitations provisions. -
The Treaty of Lisbon: the 'accompanying laws' - Engl. Version of the Topical Term "Die Begleitgesetzgebung zum Vertrag von Lissabon"
On 8 September 2009, the German Bundestag adopted four "accompanying laws" regarding the Treaty of Lisbon. The reason for this legislative procedure was the Federal Constitutional Court's ruling of 30 June 2009, which declared the original accompanying law from 2008 to be partially unconstitutional, as it did not grant the Bundestag and Bundesrat sufficient rights of participation in the European Union' lawmaking and treaty amendment procedures. The new laws implement the requirements laid down in the ruling and grant the Bundestag and the Bundesrat a greater say in European Union affairs. Germany can ratify the Treaty of Lisbon once the accompanying laws have entered into force. -
The 'accompanying laws' regarding the Treaty of Lisbon
On 8 September 2009, the German Bundestag adopted four ?accompanying laws? regarding the Treaty of Lisbon. The reason for this legislative procedure was the Federal Constitutional Court?s ruling of 30 June 2009, which declared the original accompanying law from 2008 to be partially unconstitutional, as it did not grant the Bundestag and Bundesrat sufficient rights of participation in the European Union?s lawmaking and treaty amendment procedures. The new laws implement the requirements laid down in the ruling and grant the Bundestag and the Bundesrat a greater say in European Union affairs. Germany can ratify the Treaty of Lisbon once the accompanying laws have entered into force. -
German sovereignty
Seventy years after German troops invaded Poland on 1 September 1939, marking the start of the Second World War, the question of Germany?s sovereignty is still present. After the unconditional surrender of the German Wehrmacht on 8 May 1945, there were several phases in the subsequent reorganisation of the German state before the achievement of full German sovereignty. This issue of the Topical Term provides an overview of these phases - the Occupation Statute, the Treaty of Moscow, and the Treaty on the Final Settlement with respect to Germany. -
History of all-German Bundestag elections since 1990
Five Bundestag elections have been held so far since German reunification in 1990. Three of these elections have seen the CDU and CSU became the strongest political force - 1990, 1994 and 2005 ? and two the SPD - 1998 and 2002. Following the Bundestag elections in 1990, the CDU, CSU and FDP under Federal Chancellor Dr Helmut Kohl (CDU) continued their governing coalition, which had held power since 1982; it was confirmed in power again by voters in 1994. In 1998, a coalition of the SPD and Alliance 90/The Greens under Federal Chancellor Gerhard Schröder (SPD) won a majority. This ?red-green? coalition narrowly won the 2002 Bundestag elections. Following the early elections in 2005, when the SPD and Alliance 90/The Greens lost their majority, a grand coalition was formed between the CDU, CSU and SPD under Federal Chancellor Dr Angela Merkel (CDU). -
The debate surrounding the use of the acronym "BRD"
In the course of the 1970s, the use of the acronym "BRD" (FRG) became a political issue in the Federal Republic of Germany. Critics of the acronym saw it as a "term of Communist agitation" which had been introduced by the German Democratic Republic for ideological reasons. The main accusation put forward was that the acronym was an attempt by the GDR, ruled by the Socialist Unity Party (SED), to obscure the word "Germany" in the name of the Federal Republic of Germany and to destroy the "identity of the nation". -
The constituent sitting of the first German Bundestag on 7 September 1949
On 7 September 1949, the first German Bundestag constituted itself in Bonn. Paul Löbe (SPD), President of the Reichstag of the Weimar Republic from 1920 to 1924 and from 1925 to 1932, opened the first sitting of the German Bundestag as the oldest Member of Parliament. Following his speech, the Members elected Dr. Erich Köhler (CDU), a Member from Hesse, as the first President of the Bundestag. Three weeks earlier, on 14 August 1949 - 17 years after the last democratic Reichstag elections - the first Bundestag elections had taken place. The first German Bundestag had 402 Members. They were joined by eight Members representing Berlin (19 from 1952 onwards), who did not have voting rights. -
Keeping of records on advice to investors
In order to reinforce the rights of private investors vis-à-vis banks or financial-service providers, the Act of 5 August 2009 to Revise the Legal Relationships in the Case of Bonds from an Entire Issue and to Achieve Improved Enforceability of Investor Claims Arising from Bad Advice (Federal Law Gazette I, pg. 2512) has been introduced, amending, amongst other things, the Securities Trading Act (WpHG) and the "ordinance on the rules of conduct and organisational requirements for providers of financial services" (WpDVerOV). The new rules enhance the rights of private investors in particular in cases where they have been badly advised. -
"Federal Republic of Germany" - The Parliamentary Council?s discussion on the name of the state, 1948/49
The entry into force of the "Basic Law for the Federal Republic of Germany" at the end of 23 May 1949 saw the founding of a West German state whose name sounded unusual to most people at that time. Choosing the name of the state was a controversial subject in the Parliamentary Council, which had been drafting the Basic Law in Bonn since September 1948. A decision - a compromise between the two largest groups - was reached only after an intense debate within the committee on fundamental issues. -
The Federal Constitutional Court?s decision on the Federal Government?s answers to minor interpellations
In its decision of 1 July 2009, the Federal Constitutional Court delivered its opinion on the Federal Government?s answers to two minor interpellations submitted by the Alliance 90/The Greens parliamentary group in 2006. The judges ruled that the Federal Government had withheld the requested information for unconstitutional reasons. In its decision, the Court describes the limits to the Federal Government?s constitutional duty to answer minor interpellations. -
The Federal Constitutional Court?s decision on the Committee of Inquiry into the activities of the Federal Intelligence Service
In a decision of 17 June 2009, the Federal Constitutional Court delivered its opinion on the Federal Government?s conduct towards the Committee of Inquiry set up to investigate the activities of the Federal Intelligence Service in the context of events relating to the Iraq War and combating international terrorism. The Court declared the Federal Government?s restrictions on the taking of evidence to be unconstitutional in many respects. The Court also elucidated the Bundestag?s rights of parliamentary oversight vis-à-vis the Federal Government. -
UN Convention on the Rights of Persons with Disabilities
On 13 December 2006, the United Nations General Assembly in New York adopted the Convention on the Rights of Persons with Disabilities. Germany was one of the first countries to sign the Convention on 30 March 2007. Germany has been bound by the Convention since 26 March 2009. The Federal Government Commissioner for Matters Relating to Disabled Persons launched the "All Inclusive!" initiative to identify the legislative and other needs for action in relation to the new UN Convention. The results were presented on 1 July 2009. -
Easing the burden on the European Court of Human Rights with reforms of its organizational structure
The European Court of Human Rights offers legal protection to 800 million Europeans in 47 countries against violations of the European Convention on Human Rights and Fundamental Freedoms and its Protocols. Much of the Court?s capacity is taken up dealing with manifestly inadmissible or repetitive complaints. Reforms to the Court?s organizational structure are under way with a view to streamlining the Court?s procedures and minimizing, as far as possible, the personnel capacities taken up dealing with inadmissible, or admissible but straightforward, cases. -
Compulsory voting
The low turnout at the European elections on 7 June 2009 has prompted a debate in Germany about the introduction of a legal obligation to vote. This issue of the Topical Term looks at whether the introduction of compulsory voting in Germany would be permissible under the Basic Law. It also provides an overview of compulsory voting in the European Union member states. -
Synthetic biology
Synthetic biology refers to a field of research which seeks to create new life forms, primarily micro-organisms at the current time. In one approach, the "building blocks of life" are constructed from non-living matter and combined to form a living organism; this can be considered a bottom-up approach. In a top-down approach, scientists try to remove elements from natural organisms and replace them with others, in order to create artificial life forms in this way. -
Employee Equity participation
The article presents information about the reforms introduced by the new law on employee equity participation. -
Decoration clauses in rental contracts
This Topical Term summarises the detailed legal rulings made by the Federal Court of Justice on the decoration of rented flats. The law allocates responsibility for decorating rented accommodation to landlords and landladies. It is customary, however, to include a clause in the rental contract transferring this duty to the tenant. As agreements of this sort are often made in the form of General Business Conditions, the article explains the relevant law on General Business Conditions. In order to protect tenants from unacceptable negative consequences, the Federal Court of Justice has set out detailed restrictions on the transfer of decorating duties to tenants. -
The swedish Presidency of the European Union
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Adaptation to climate change: an element of climate protection policy
Adaptation is a strategy which is part of climate protection policy. The intention of this strategy is to mitigate those effects of global warming which are already being experienced or are now unavoidable. On 17 December 2008, the Federal Government presented a German Adaptation Strategy. -
High-Voltage Direct Current (HVDC)
The power grid for electricity transmission and distribution is presently designed mainly for alternating current (AC). For future applications, however, especially in view of long-distance power transmission, it may be advantageous to use direct-current (DC) technology. High-voltage direct current (HVDC) transmission is a mature technology with very low energy losses (on the order of 3% per 1000 km distance), which makes it possible to transmit electrical energy even over several thousand kilometres. This text explains the technical backgrounds, the historical developments, and possible future applications of HVDC transmission. -
The health insurance reform in the Netherlands
In 2006, a new health insurance law came into force in the Netherlands. The most significant reform was the scrapping of the distinction between statutory health insurance and private health insurance, and the establishment of a uniform private system, created in such a way as to ensure strong competition. The reform triggered an intense price war amongst the insurance companies, forcing them to lower their premiums and leading to a marked reduction in the number of insurance providers. -
Overhang mandates from the first to the sixteenth electoral terms
'Overhang mandates', as they are known, have existed in almost every electoral term of the German Bundestag. This Topical Term provides an overview of how they are produced. It then briefly explains two rulings by the Federal Constitutional Court on the rules governing overhang mandates, as well as the bill to amend the Federal Electoral Act tabled by the Alliance 90/The Greens parliamentary group. A table then sets out the overhang mandates which existed in each electoral term. -
Judgement of the Federal Constitutional Court concerning the Treaty of Lisbon ( engl. Version)
The Federal Constitutional Court has with judgement of 30 June 2009 decided that the Act Approving the Treaty of Lisbon is compatible with the Basic Law. In contrast, the Act Extending and Strengthening the Rights of the Bundestag and the Bundesrat in European Union Matters infringes Article 38.1 in conjunction with Article 23.1 of the Basic Law insofar as the Bundestag and the Bundesrat have not been accorded sufficient rights of participation in European lawmaking procedures and treaty amendment procedures. -
Judgement of the Federal Constitutional Court concerning the Treaty of Lisbon
The Federal Constitutional Court has with judgement of 30 June 2009 decided that the Act Approving the Treaty of Lisbon is compatible with the Basic Law. In contrast, the Act Extending and Strengthening the Rights of the Bundestag and the Bundesrat in European Union Matters infringes Article 38.1 in conjunction with Article 23.1 of the Basic Law insofar as the Bundestag and the Bundesrat have not been accorded sufficient rights of participation in European lawmaking procedures and treaty amendment procedures. -
Swine flu - a new pandemic
On 11 June 2009, the World Health Organization (WHO) raised the level of alert to phase 6, and thus declared swine flu to be a pandemic, a worldwide outbreak of the H1N1 virus. The behaviour of the virus has currently stabilised. It is not yet possible to predict how dangerous the new virus might still become. The flu season in the southern hemisphere is only beginning, and there is no way to know how the virus will spread and develop there and in what form it will return to the north in the autumn. -
Eric M. Warburg and the Eric M. Warburg Prize
On 25 June 2009, Federal Chancellor Angela Merkel was presented with the tenth Eric M. Warburg Prize at a ceremony in the Library of Congress on Capitol Hill in Washington. This award honoured the Federal Chancellor?s tireless dedication to strengthening transatlantic relations. The keynote speech was given by former US senator Chuck Hagel. The prize is awarded by Atlantik-Brücke (Atlantic Bridge), which seeks to promote understanding between Germany and the US. The prize is named for Eric Moritz Warburg, one of the founding members of Atlantik-Brücke. -
The current state of play regarding ratification of the Treaty of Lisbon
The Treaty of Lisbon is intended to amend the Treaty of Nice and make the European Union more democratic, transparent and efficient. Amendments to the treaties require ratification by all Member States. A table attached to the article provides an overview of the stage reached in ratification in the 27 Member States. Once the Bundesrat has given its consent to the "accompanying laws" on the Treaty of Lisbon and these laws have entered into force, German ratification requires only the signature of the Federal President on the instrument of ratification, which must then be deposited with the Republic of Italy. -
The Council of Europe Commissioner for Human Rights
In 2009, the office of the Council of Europe Commissioner for Human Rights is celebrating the tenth anniversary of its establishment. The Commissioner for Human Rights is an institution of the Council of Europe concerned solely with the protection of human rights. The Commissioner?s tasks include raising public awareness of human rights and helping to identify legal and practical problems regarding the protection of human rights in the member states. -
International economic and trade tribunals
The only global organisation dealing with the settlement of economic and trade disputes is the WTO?s dispute settlement system. This system is composed of three bodies. "Panels" deal with disputes in the first instance, while the permanent Appellate Body takes decisions on appeals by the parties to the dispute. The decisions and recommendations of this body are subject to the acceptance of the Dispute Settlement Body. In addition to the WTO?s dispute settlement system, a range of other arbitration tribunals exist which are either asked to take a decision on a dispute on an ad hoc basis, or are assigned responsibility for doing so in advance. And finally, many free-trade zones and economic communities have established courts to monitor compliance with their founding treaties and secondary law. -
The 125th anniversary of the laying of the foundation stone for the Reichstag Building
Although the Reichstag took the fundamental decision in favour of the construction of a "worthy building for the Reichstag" as early as 19 April 1871, the foundation stone was not laid until 9 June 1884. For more than ten years, the Reichstag, the Building Commission established by it and the Imperial Government argued about an appropriate location for the building, which was constructed between 1884 and 1894 according to plans and under the super-vision of Oppenheim architect Paul Wallot. The search for a location and the story of the construction of the Reichstag Building offer examples of a range of special characteristics of the constitution and parliamentary system in the German Empire. -
Buchenwald concentration camp
The first concentration camp liberated by the army of one of the Western Allies was Buchenwald concentration camp. On 11 April 1945, the Third US Army ? with which a relative of the current US President, Barack Obama, served - engaged the SS guards in heavy fighting, while at around the same time prisoners in the camp's resistance movement occupied strategic points within the camp. At this time, there were around 21,000 survivors at Buchenwald concentration camp, which had been established on the Ettersberg in mid-1937. The number of prisoners had grown rapidly. At the end of 1943 there were more than 37,000 prisoners, and at the end of February 112,000 people were imprisoned at Buchenwald and its subcamps, which were constructed from February 1942 onwards. Hundreds of prisoners who lived to see the liberation of the camp died in the following days. -
The predecessor of the "bad bank": the Acceptance and Guarantee Bank
As a consequence of the economic and financial crisis, the Federal Government has adopted a bill on the establishment of what are known as 'bad banks'. They are intended to take on banks' toxic assets ? securities which are risky for banks to keep in their portfolios due to their questionable value, and which thus jeopardise banks' creditworthiness. The idea of establishing such institutions is not new. During the banking crisis of 1931, the German Reich government of the day decided to establish a 'bad bank': the Acceptance and Guarantee Bank (Akzept- und Garantiebank). However, while the aim today is to ensure creditworthiness, the Acceptance and Guarantee Bank sought to enable banks to access new reserves of liquidity and bolster the money market. By the end of 1931, 1.75 billion Reichsmark had been lent by the Acceptance and Guarantee Bank - half of whose share capital was guaranteed by the German Reich, the other half by Germany's private banks. -
ECJ ruling on the ban on ownership of pharmacies by non-pharmacists
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Reform of the EU fisheries policy
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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. -
60th anniversary of the Basic Law - facts and figures
This study examines the amendments, special characteristics and peculiarities of the Basic Law, the German constitution. All amendments to the individual articles are set out in the form of a table. Another table shows the amendments to the Basic Law by electoral term, government and date. The study also comments on fundamental rights and provides an overview of amendments to the constitutions of the Länder (federal states). -
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. -
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. -
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. -
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. -
Amendments to the Basic Law since 1949
This study documents all amendments to the Basic Law (the German constitution) since it was signed on 23 May 1949. An overview is provided of the official titles, initiators and main content of the amending legislation. The study also provides a synopsis of all amendments to the text, including amendments made as part of the 2006 reform of Germany?s federal system. -
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. -
15 years of the European Economic Area: "EC-light" or precursor to EU membership?
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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. -
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. -
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. -
The Eastern Partnership
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Restructuring measures in US insolvency law
In the current financial and economic crisis, the possibilities offered by national insolvency law for the restructuring and preservation of insolvent companies are of particular interest. A comparison of restructuring instruments in US and German insolvency law shows that while the main structures are broadly similar, important differences exist. -
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. -
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 -
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. -
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). -
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". -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
ECJ ruling on the directive on data retention
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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. -
Commission's Annual Policy Strategy for 2010
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Directive on temporary workers
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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'. -
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. -
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. -
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. -
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'. -
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. -
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. -
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. -
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. -
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? -
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?. -
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. -
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. -
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. -
Changes in the European Union in 2009
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The czech Presidency of the European Union
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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.