This page sets out the English summaries of the Research Papers
published by the Reference and Research Services. A link from the
end of the summary will take you to the complete research paper in
German.
Please note the reclaimer and copyright notice.
European Year of Creativity and Innovation
2009
The European Year of Creativity and Innovation (EYIC2009) has the
objective to raise awareness of importance of creativity and
innovation for personal, social and economic development, to
disseminate good practices, stimulate education and research, and
promote policy debate and development. Artistic creation and new
approaches in culture should also receive due attention, as
important means of communication between people in Europe and in
the follow-up to the ongoing European Year of Intercultural
Dialogue (2008). The European Year of Innovation and Creativity is
proposed as a cross-cutting initiative covering not only education
and culture, but also other policy domains such as enterprise,
media, research, social and regional policy and rural development.
It should include information and awareness-raising campaigns,
promotion of good practices, debates, meetings, conferences and
promote a wide variety of projects at regional, national and
European level.
The application of Sharia law in Germany
Sharia is the Arab term for Islamic law. In Germany, provisions of
Sharia law can be applied pursuant to German international private
law (IPR). German international private law determines which legal
system is to be applied in cases where there is a foreign
connection.
The ASEAN Charter: foundation for reinforced regional
cooperation and commitment to human rights
protection?
On 15 December 2008, the new Charter of the Association of
Southeast Asian Nations (ASEAN) came into force. With the
conclusion of the ASEAN Charter, the organisation, founded as a
regional community in 1967 in the form of a loose political
grouping, created for the first time a legally binding
institutional framework. The Charter is intended to form the basis
for a security, economic and socio-cultural community of states,
whose members are committed to protecting and promoting democracy,
the rule of law, human rights and fundamental freedoms.
Late abortions and criminal law
A political discussion is currently taking place on the issue of
late abortions. This issue of the Topical Term examines relevant
provisions of criminal law.
State symbols: the federal eagle
Within the framework of political symbols, coats of arms, seals,
colours, flags, national anthems, capital cities and national
holidays are among the symbols of the state which serve as the
embodiment and public face of a state. In addition to this
representative function, they are emblems conveying the fundamental
traditions and values of a state. State symbols embody the
traditional values of the political culture. The German state
symbol with the richest tradition is the federal eagle: its
predecessors can be traced back to the time of the Holy Roman
Empire. In its current form, it continues traditions from the
Weimar Republic.
Retrials in criminal cases
Anyone who has been convicted by final judgement or acquitted in a
criminal case may not be subject to renewed criminal proceedings or
prosecution. This principle, known as ne bis in idem (literally
"not twice for the same" in Latin), which is directly enshrined in
the Basic Law (Article 103 (3)), can be overridden under certain
conditions, allowing a "retrial" to take place. The Bundestag is
currently deliberating on a bill from the Bundesrat aimed at
extending the current framework for retrials in criminal cases ? to
include, for example, cases in which a DNA analysis retrospectively
provides clear evidence of the guilt of someone who has been
acquitted (Bundestag printed paper 16/7957).
A gas pipeline from Nigeria to the Mediterranean?
Discussion in the European Commission on the construction of a
pipeline through the Sahara
Hybrids, cybrids and chimeras
This issue of the Topical Term deals with the subject of organisms
with genetic information from two or more representatives of the
same species or of different species. A distinction is made between
three types: hybrids, cybrids and chimeras.
The constitution of the Czech Republic
Since the Czech Republic is due to assume the Presidency of the
Council of the European Union on 1 January 2009, there is a growing
public focus on the power and decision-making structures of this
country, still a new member of the EU. The bicameral parliament has
a strong position, while the president?s constitutional powers
appear limited.
10 December 1948: 60 years of the Universal Declaration
of Human Rights
On 10 December 1948, the General Assembly of the United Nations
adopted the "Universal Declaration of Human Rights". The
declaration enshrines both individual freedoms and economic, social
and cultural rights, although it is not legally binding in itself.
Today, it is still regarded as the supreme concrete expression of
the UN's overarching goal of promoting and reinforcing human rights
and fundamental freedoms. The Declaration continues to serve as a
yardstick across the world for the establishment of binding human
rights guarantees.
Poland four years after EU accession (3) - Impacts of EU
accession on the Polish labour markets
Short-time work
The length of time for which people can claim the short-time
allowance (Kurzarbeitergeld) is being extended to 18 months due to
the international financial crisis. This new regulation will apply
for one year from 1 January 2009. The Institute for Employment
Research (IAB) estimates that the number of short-time workers will
more than double in the coming year, reaching around 160,000
workers. The short-time allowance is a benefit paid to compensate
workers for the loss of earning resulting from a reduction in
working time; it is calculated by the Federal Employment Agency
(BA) and paid from unemployment insurance funds.
November 1938: Beginning of the "Kindertransports" to
the United Kingdom
Between the end of November 1938 and the outbreak of the Second
World War on 1 September 1939, almost 10,000 children considered
"Jewish" according to the definition used in the Nuremberg laws
emigrated to the United Kingdom from Germany, Austria (already
annexed by Germany), Czechoslovakia, the town of Zb?szy? (part of
Poland, following the Treaty of Versailles) and the Free City of
Danzig. The children travelled to Britain by train and by ship. The
rules gave them little time to say goodbye to their parents. Most
of the children never saw their parents again; they were often the
only members of their family to survive the Holocaust.
Berlin City Palace
From the end of the 1990s onwards, the German Bundestag examined
the question of redesigning the centre of the Spree Island. On 4
July 2002, the Bundestag decided by a broad majority to have a
building constructed on this site whose outer facades would be
built along the same lines as the former Berlin City Palace. The
Bundestag's decision stipulates that the northern, western and
southern sides of the building should be replicas of the baroque
facades of the old palace, which was demolished in 1950 by the
authorities of the German Democratic Republic. The decision also
states that the Schlüterhof (small palace courtyard) should be
reconstructed. Around six years after the original decision, on 28
November 2008, an international jury announced the winner of the
architectural competition for the reconstruction of the Berlin
Palace and the construction of the Humboldtforum on the palace
site.
Expulsion from a political party
The Law on Political Parties states that a member "may only be
expelled from the party if he deliberately infringes the statutes
or the principles of discipline of the party, thereby inflicting
serious damage on the party." A member can therefore be expelled
from a political party for infringement of any one of the party's
statutory provisions. The requirement to respect party discipline
includes, for example, the obligation to take general account of
party interests. The principles referred to in the Law are viewed
as being a party's fundamental policy statements. The Law on
Political Parties states that decisions on expulsion must be taken
by the competent arbitration court. The right to appeal to a higher
arbitration court is guaranteed.
Constitutional reform in France: a new role for
Parliament
Introduction of female suffrage on 12 November
1918
With the proclamation by the Council of People?s Representatives on
12 November 1918, women's suffrage was anchored in law in Germany
for the first time. The introduction of women's right to vote
satisfied a demand for which women's organisations had been
fighting in vain for many years. The traditional idea of women's
role, whereby they were to meet the needs of men and were entirely
banished to the domestic sphere, had foiled all attempts to allow
women to play an active part in political life. The introduction of
women's suffrage in the context of the 1918 revolution represented
an important milestone on the long and arduous path to women
playing an adequate role in political life.
Sustainability and the debate about enshrining "Equity
Between Generations" into the Basic Law for the Federal Republic of
Germany (constitution)
In October 2008, the parliamentary consultative committee for
"sustainable development" discussed about enshrining "Equity
between Generations" into the German Basic Law. The acceptance of a
long-term responsibility and the consideration of the future
generations? interests are only one aspect of a comprehensive and
interdisciplinary conception of sustainability, which brings up
ecological, economical and political questions.
From the banking crisis of 1931 to the banking inquiry
of 1933
In the summer of 1931, at the height of the world economic crisis,
a series of events of previously unimaginable proportions unfolded
in Germany. Within a few weeks, there was a run on German banks by
their creditors and customers. Each day, many loans were cancelled
and deposits withdrawn, until finally the first bank was forced to
stop making payments. The government of the German Reich could only
prevent further banks from collapsing by imposing bank holidays
when no payments of any kind were carried out. Business as normal
did not resume until weeks later. Until then, customers had only
very limited access to their deposits. The German Reich was forced
to spend almost a billion Reichsmark on bailing out the banks. A
banking inquiry in 1933 examined the causes of the crisis, and its
conclusions fed into the Banking Act of 1934.
Poland for years after EU accession (1) - Implementation
of the acquis communautaire
The November Revolution in 1918
The November Revolution in 1918 meant the end of the constitutional
monarchy in Germany and the beginning of parliamentary democracy. A
sailors' mutiny within the German High Seas Fleet rapidly developed
into a mass movement of revolution against the monarchical system,
leading amongst other things to the abdication of the Kaiser. The
social democratic parties, split since 1917 into the Majority
Social Democrats (MSPD) and the Independent Social Democratic Party
(USPD), took command of the November Revolution and attempted to
steer the revolutionary movement in line with their own ideals. The
USPD was in favour of a socialist soviet republic, whilst the MSPD
wanted to bring about a parliamentary democracy. With the election
of the constituent assembly on 19 January 1919, it was clear that
the path of revolution had ushered in a parliamentary
democracy.
Barack H. Obama - the future 44th President of the
United States
The designated 44th US President, Barack H. Obama, will take up
office on 20 January 2009. His future policies are likely to differ
in many areas from those of his Republican predecessor, George W.
Bush. For example, his financial and economic policy is likely to
assign a greater role to public investment and regulation, and he
is likely to pursue welfare-oriented reform of social security
systems, an improvement in primary education, and an energy and
climate policy which focuses more on sustainability. Under Obama,
US foreign policy could lead to a reshaping of the transatlantic
partnership and to the US re-evaluating international institutions
and multilateral cooperation.
Registers of lobbyists: an international
comparison
A discussion is currently taking place on proposals to reorganise
the Bundestag?s existing register of associations and to establish
a register of lobbyists for the Federal Government for the first
time. This issue of the Topical Term analyses existing registers of
lobbyists in the European Union and North America, and provides a
basis for comparison for the planned changes to German law.
ECJ ruling on "terror"lists
Laws relating to the Treaty of Lisbon: certification,
promulgation, entry into force
The Treaty of Lisbon is being implemented in Germany via three
laws. The national ratifica-tion process has been completed for two
of them. This issue of the Topical Term identifies the laws in
question, and compares the current legal situation with that for
the implementation of the Treaty of Maastricht. An explanation of
the terms "certification", "promulgation" and "entry into force" is
also provided
Poland four years after EU accession (2) - Economic
impacts of membership
Pension sharing on divorce
The Bundestag is currently examining the Federal Government's
proposal for a fundamental structural reform of pension sharing on
divorce (draft Act for a structural reform of pension sharing on
divorce - VAStrRefG - of 20 August 2008, Bundestag printed paper
16/10144). This issue of the Topical Term provides an introduction
to the bill, based on the law as it stands.
Completion of the implementation of the Treaty of Lisbon
in Germany
The Federal President has signed the German laws implementing the
Treaty of Lisbon. However, the instrument of ratification has not
yet been deposited, as an action is still pending before the
Federal Constitutional Court. This issue of the Topical Term
examines the two levels of the ratification process and sets out
the current status regarding implementation in the other Member
States.
Death of the bees
Honeybees are used in agricultural production and are of high
importance to humans both in ecological and economic terms. Yet
honey bees react very sensitively to changes in the environment.
Over the last decades, this has frequently led to mass deaths of
bees in various countries. The reasons for this are diverse.
Diseases and parasites are seen as being the main causes of loss of
bee colonies. In spring 2008, mass losses of bee populations were
also seen in Germany - caused by the incorrect use of pesticides.
Additionally, an increased occurrence of bee deaths has been
observed in the USA since 2004. The cause of this phenomenon, known
as "Colony Collapse Disorder" (CCD), is so far unknown.
Asset-backed securities and the subprime
crisis
The current financial crisis is resulting in disruption of the
capital markets worldwide, causing the insolvency of many credit
institutions and is now also having an impact on the real economy.
Asset-backed securities (ABS) played an important role in causing
the financial crisis. To enable the reader to better understand the
financial crisis and its origins, the text briefly explains how
this financial instrument works, before going on to examine its
role in the current crisis. The text shows that ABS can hold
considerable benefits for banks and the financial market in
general, but can also hold a dangerous appeal, making market
regulation necessary.
The tax identification number
By 31 December 2008, all German citizens will have received an
official letter informing them of their national tax identification
number (tax ID) and the data associated with it. With the
introduction of the tax ID, Germany is following an example set by
several neighbours in the European Union. The eleven-digit tax ID
will replace the previous tax number for natural persons and is
valid for life. The data stored includes a person's last name,
former names, first names, doctoral title, date and place of birth,
gender, current or former address, date of death, etc. The
assignment of a tax identification number as part of a uniform,
national system, pursuant to Sections 139a et seq. of the Fiscal
Code (AO) is intended to reduce bureaucracy and increase the
transparency of the tax system, making it possible to tackle tax
crime more effectively.
Classification of acts preparing acts of terrorism as
criminal offences
Discussions are currently ongoing within the Federal Government on
a reform to the Criminal Code (Strafgesetzuch, StGB) which would
classify as criminal offences various activities including
participation in terror camps or dissemination of information on
bomb making. This has led to heated discussions as to whether
preparatory actions of this kind can or ought to be classified as
criminal offences and, if so, in which circumstances. Many
commentators point to the fact that the threshold for criminal
liability under German criminal law is, in principle, not crossed
until attempts have been made to commit a crime and that mere
preparatory acts cannot be classified as criminal offences. In this
context, people warn against creating a criminal law which punishes
people for their convictions.
Transmutation of radioactive waste - solution to the
problem of final disposal?
The problem of how to deal with highly radioactive waste has not
yet been definitively resolved anywhere in the world. Another
option has recently come under discussion as an alternative to
storing waste underground for millions of years: the term
"transmutation" describes the conversion of long-lived
radionuclides by irradiating them with neutrons. This could
significantly speed up the rate of decay. Whether or not this idea
is technically feasible is the subject of much debate.
Point Alpha - historic location - memorial, foundation
and prize
Sir Peter Ustinov once described one of the US armed forces' four
observation posts along the inner-German border as the most
dangerous place on earth. Today, the Point Alpha memorial and place
of encounter documents the history of the armed forces along the
border which, for decades, divided Eastern and Western Europe. The
memorial is funded through the Point Alpha Foundation. The Point
Alpha Prize, awarded by the Kuratorium Deutsche Einheit, honours
"contributions to the unity of Germany and Europe in peace and
liberty".
Equal opportunities for women in science and
research
The ratio of female scientists in German research institutions
still remains far below 50%. Actors in both the scientific and
political fields have recently taken initiatives to accelerate the
growth in the percentage of women holding higher scientific
positions: The Federal Ministry of Education and Research (BMBF)
launched a "Female Professors Program", while the German Research
Foundation (DFG) enacted a voluntary commitment asking its
institutional members to implement a "cascade model" in which the
quota of women is to be gradually enhanced at all levels of
scientific careers.
The election of the Federal President by the Federal
Convention
The Federal President is the Federal Republic of Germany?s head of
state. Pursuant to Article 54 (1) of the Basic Law, the President
is elected by a body known as the Federal Convention. The Federal
Convention, as set out in Article 54 (3) of the Basic Law, consists
of the Members of the Bundestag and an equal number of members
elected by the parliaments of the Länder on the basis of
proportional representation. This Topical Term fact sheet explains
the details of the composition of the Federal Convention and its
electoral procedures.
Google Chrome
Google Chrome is a browser that combines a minimal design with
sophisticated technology to make the web faster, safer, and easier.
A beta version for Microsoft Windows was released on 2 September
2008. Primary design goals were improvements in security, speed and
stability compared to existing browsers. There were also extensive
changes in the user interface.
Religious education and ethics classes in schools in the
Länder
Under Article 7 (1) of the Basic Law, religious instruction forms
part of the regular curriculum in state schools, with the exception
of non-denominational schools. Regulating the school system and
thus also the way in which this constitutional requirement is dealt
with is the responsibility of the Länder (Germany's federal
states). All of the Länder's education laws and most of their
constitutions contain clauses about religious education in schools
and the respective alternative subject of ethics or philosophy.
This issue of the Topical Term compares the relevant regulations in
the legislation of the Länder.
Financing of culture: The Cultural Finance Report
2008
The financing of culture in the Federal Republic of Germany rests
on several pillars. In keeping with the subsidiarity principle,
funding culture is the responsibility of the citizens and their
local communities. The local authorities bear the largest share of
financing for culture, followed by the Länder. Because of its
limited powers in this area, central government provides only
limited funding. According to the Cultural Finance Report 2008 of
the Federal Statistical Office, the Federation, Länder and
municipalities spent a total of 8.1 Billion Euro on culture in
2007.
The LHC project at CERN: any danger from black
holes?
The Large Hadron Collider, a new particle accelerator for physics
research at CERN, Geneva, will make elementary particles collide at
unprecedented energies. Some observers have recently voiced
concerns that these collisions might lead to the first-time
production of microscopic black holes, which might subsequently
grow and endanger the environment or even destroy the entire planet
earth. This text briefly introduces the background of elementary
particle physics and the activities at CERN, reviews existing
procedures for impact assessment and risk analysis in the context
of innovative research facilities, and explains in some detail the
rationale behind and the level of plausibility of four different
kinds of "doomsday scenarios" (black holes, strangelets, magnetic
monopoles, new vacuum state). The analysis concludes that the
actual threat posed by the LHC is most probably very low.
The Concept of Co-Development as a Bridge Between
Migration and Development
The concept of co-development, which was majorly brought forward by
French politicians, aims at combining migration and development in
such a way that migrants actively engage in contributing to
strengthening the cooperation between countries of origin and
destination in order to foster development. This objective can
primarily be supported by temporary circular instead of permanent
migration between the sending and receiving states. The development
concept enables the countries of origin to profit from "brain gain"
and capital transfer while the countries of destination benefit
from coordination as well as control of migration.
ABS regime: access to genetic resources and benefit
sharing
With increasing knowledge of biodiversity and the continued
development of biotechnology and molecular biology, commercial use
of "genetic resources" is also moving forward. In the past, genetic
resources often came from developing countries, but were utilised
commercially in the industrialised nations. This practice, known as
"biopiracy", is the subject of criticism. The UN Convention on
Biodiversity already contains fundamental provisions on dealing
with genetic resources and the sharing of the benefits arising from
their utilisation. Nevertheless, an international agreement is now
planned to give more concrete form to these requirements.
The composition of the Parliamentary
Council
The Parliamentary Council met in Bonn between 1 September 1948 and
23 May 1949 to draft the Basic Law, the constitution for the
Federal Republic of Germany. The Council was made up of 65 members
of parliament. The members of the Council had not been directly
elected to the Council by voters; they were Members of the Land
Parliaments of the eleven Länder in the Western zones of
occupation and were appointed on the basis of the results of the
previous Land elections. Many of them had already gained
parliamentary experience before 1933. Three of the Council's
members had already been involved in drafting the Constitution of
the Weimar Republic.
Introduction of the Abgeltungsteuer (flat-rate
withholding tax)
From 1 January 2009, in the framework of the 2008 law reforming
corporate tax, a flat-rate tax on private income from capital and
profits from the sale of securities is to be introduced ? the
Abgeltungsteuer. The Abgeltungsteuer (25% plus solidarity
surcharge, plus church tax for those liable) replaces the previous
capital gains tax and takes the form of a withholding tax; once the
tax has been withheld, the capital income does not need to be
declared in the income tax declaration. People liable to tax at a
rate of below 25% may choose to be taxed under the old taxation
system, which is in line with a person's individual rate of
taxation. Any credit institution in Germany which holds investments
is required to deduct the tax and transfer these revenues to the
finance authorities. The idea behind the introduction of the
flat-rate Abgeltungsteuer is to prevent tax flight to other
countries.
Small Business Act - Think small first
On 19 June 2008 the European Commission adopted the "Small Business
Act - Think small first". This "Act" (which is not legally binding)
is intended to create uniform competitive conditions for small and
medium-sized enterprises (SMEs) and to strengthen society's
recognition of the importance of these companies. To achieve these
objectives, the EU Commission is proposing legislation in four
areas.
The OECD's role in shaping globalisation
The OECD has taken on a politically significant role in the
framework of globalisation, allowing it to have an impact on the
globalisation process far beyond the borders of its 30 member
states. By disseminating information and issuing recommendations
and codes of good practice, it is helping to ensure coherent
development of the individual national markets. For this reason,
the OECD is already today regarded as having sovereign powers.
The Baltic Sea-Pipeline
Baby hatches and anonymous births
In Germany, baby hatches are operated and anonymous births have
taken place despite there being no legal basis for this. According
to the Federal Government, there are currently 80 baby hatches and
130 clinics offering women the possibility of giving birth
anonymously. In the coalition agreement, it was agreed that
experience with both options would be assessed and ? if necessary ?
legislative provisions created
Prague Spring, 1968
In the night from 20 to 21 August 1968, a military intervention in
Czechoslovakia by several Warsaw Pact states, led by the Soviet
Union, violently put down the so-called "Prague Spring". "Prague
Spring" (Pra¸ské jaro) ? originally the title of a
music festival held in Prague each May since 1946 ? was the name
given to the attempt by the leadership of the Communist Party of
Czechoslovakia (KP?), between January and August 1968, to introduce
peaceful reforms and practise "socialism with a human face".
Together with the uprisings in the GDR in 1953 and Hungary in 1956,
it is one of the most important attempts ? ended by the Soviet
Union using military force ? to overcome the Soviet socialist model
in the states of East-Central Europe between 1945 and 1989.
Binge drinking
According to the Federal Government's Addiction and Drug Report
2008, the number of children and young people requiring medical
treatment for acute alcohol poisoning more than doubled in Germany
from 2000 to 2006. Regular alcohol consumption in this age group
also rose. The Federal Government has launched various projects to
counter alcohol abuse.
The Commission's 2008 progress reports on Bulgaria and
Romania
Illegal migration from South America to
Europe
On 18 June of this year, the European Parliament approved the
Commission's pro-posal for a Directive on common standards and
procedures in Member States for returning illegally staying
third-country nationals. The Commission's draft sparked major
protests from Latin American governments and raised the profile of
the issue of migration from Latin American to Europe in the public
consciousness. This Topical Term focuses on the question of the
amount, causes and consequences of migration from this region.
The Federal Constitutional Court's ruling on the smoking
ban
The Federal Constitutional Court views the regulations permitting
an exception to the smoking ban for restaurants and bars with
separate smoking rooms as violating the principle of equality of
occupational freedom for operators of small establishments
(one-room bars). Furthermore, if a law for the protection of
non-smokers allows smoking rooms to be set up in restaurants and
bars as an exception to the smoking ban, the blanket denial of this
advantage to discos is not justified.
The European Court of Auditors "THE EU's financial
conscience"
The election of the President of the United States of
America
Presidential elections are to be held in the United States on 4
November 2008 to elect the 44th US president and the
vice-president. Under the US constitution, the president, who holds
the highest state office in the US system of government, is elected
every four years. The president is not elected directly by the
population, but by an electoral college.
The history of the US presidential
elections
Since the end of the Second World War, 15 presidential elections
(1948-2004) have taken place; nine were won by Republic candidates,
six by Democratic candidates. The 2008 elections are the first
since 1952 in which neither the serving president nor
vice-president are standing. For the first time since 1945, the two
main candidates ? Barack Obama and John McCain ? are senators.
"Gefährder"
The German term "Gefährder" ('potential perpetrator') is
frequently used in the security-policy debate, but there is no real
agreement as to its meaning. This Topical Term sets out the German
government's definition of the term and explains in what contexts
the term "Gefährder" is used.
Language in the Basic Law
There have been repeated calls for the German language to be
enshrined in the Basic Law (the German constitution). This Topical
Term sets out the course of the debate and examines the
possibilities under constitutional law for a reference to the
German language to be included in the Basic Law. The Topical Term
also offers an overview of the situation in the other EU Member
States.
Donor harmonisation as a means of improving the
effectiveness of development cooperation
Efforts in the field of development policy must be further
strengthened in view of the Millennium Development Goals. For this
reason, the Paris Declaration on Aid Effectiveness has, based on
the work of the United Nations high-level forums, set new
priorities for development cooperation: it should in future be
characterised by the principles of ownership, alignment with
partners' strategies, harmonisation, managing for results, and
mutual accountability of donors and recipients. The aim is to
improve the efficiency and effectiveness of development
cooperation. Agreements between donor countries regarding aid are
referred to as "donor harmonisation" (or donor coordination).
Progress in implementing the Declaration is to be reviewed at a
conference in Accra, the capital of Ghana, from 2 to 4 September
2008. The future course of action for donor countries is to be set
out in an agenda for action at this conference.
The French Presidency of the EU
Recent developments in electoral law
The Federal Constitutional Court has declared anti-constitutional
the clauses of the Federal Electoral Act which produce an effect,
known as ?negative vote weighting?, where votes work against the
party they are cast for. The Federal Constitutional Court has
declared the five per cent threshold in local elections in
Schleswig-Holstein, which requires parties to win at least five per
cent of the votes in order to gain seats, to be unconstitutional
and has repealed the measure. The Act to Amend the Law on Elections
and the Legal Status of Members of the Bundestag amended the
provisions in the Federal Electoral Act on the selection of party
candidates for election, preventing parties from placing members of
another party on their lists.
Status of the ratification process for the Treaty of
Lisbon
This Topical Term sets out the fundamental legal conditions that
must be taken into account when considering how to proceed
following the ?no? vote in the Irish referendum on the Treaty of
Lisbon. In addition, it features a table providing an overview of
the status of the ratification process in the EU Member States.
Developments relating to climate policy in the United
States
Although in international negotiations today the United States
still rejects ratification of the Kyoto Protocol, the individual
states are increasingly willing to pursue an active
climate-protection policy. California is playing a special role: it
was the first state to adopt binding reduction targets, and is
currently pressing for regulation of emissions from transportation.
This development is being reinforced by regional initiatives
involving several states. The gradual changes in domestic
climate-protection policy are also reflected in cross-party bills
in the US Congress aiming to reduce greenhouse gas emissions via
binding maximum limits.
Federal Government Culture and Creative Industry
Initiative
The economic significance of the culture and creative industry has
been moving more and more into the focus of national and
international policy-making in recent times. The initiative of the
Federal Government aims to develop political support for the
culture and creative industry by strengthening its competitiveness
and by making better use of and developing its employment
potential. To this end, it is necessary to examine the extent to
which existing support and instruments can be adapted. In addition
more work needs to be done to adopt appropriate standards and
definitions.
Legal services law
On 1 July 2008, the Legal Services Act (Rechtsberatungsgesetz -
RDG) will come into force in the framework of a fundamental reform.
This new law will replace the Law on Legal Counselling (RBerG),
and, on the basis of a new act on reform of legal counselling, the
current Law on Legal Counselling will cease to have effect on the
same day. The declared goal of the Legal Services Act is to protect
those seeking legal recourse whilst encouraging civic engagement in
the field of legal counselling through liberalisation.
Delimitation of the continental shelf in the
Arctic
Against the background of Arctic thaw, extraction of the raw
materials believed to be located under the Arctic Ocean no longer
seems inconceivable. The littoral states are thus attempting to
extend the defined limits of their own continental shelves as far
as possible ? entitling them, amongst other things, to extract the
raw materials found there. This "Topical Term" examines the
substantive criteria laid down in the Convention on the Law of the
Sea, as well as the procedures used in delimiting the continental
shelf.
Top-down and bottom-up in the budgetary
system
For some time, a project at the Federal Ministry of Finance has
been examining the question of "modernisation of the budgetary and
accounting system". The "top-down approach" is playing a key role
in these discussions. This approach to preparing the budget means
that the individual government departments are presented with their
concrete budget frameworks by the Federal Minister of Finance.
Currently in Germany, the "bottom-up principle" is applied in
preparing the federal budget. This means that the individual
departments inform the Federal Minister of Finance of the level of
financing they require. Whether a paradigm shift will indeed take
place remains to be seen.
The effects of EU agricultural subsidies on African
agriculture
Certificate trading system for renewable
energies
Extending the use of renewable energies is one of the central
elements of European climate protection policy. In 2007, the
Council of the European Union adopted an action plan to increase
the proportion of electricity generated by renewable energies to
20% by 2020. In order to create market incentives for energy
generated from renewable energies, a system of trading with
Guarantees of Origin for renewable energies exists at EU level. A
new proposed directive provides for the extension of this system.
Despite similar goals, this system differs in its effects from
national systems for promoting renewables such as the German
Renewable Energies Sources Act (EEG).
Consumer price development in Germany in
2008
In May 2008, the price for one barrel of WTI oil reached the record
level of $135. At the same time, rapid increases in prices for
agricultural commodities like wheat or rice and the resulting food
crisis for large sections of the population in the emerging and
developing countries attracted public attention. The price
increases on the worldwide commodities markets were also felt by
German consumers: petrol and diesel became more and more expensive
and consumers had to pay considerably more for many food items than
only a year earlier. The extent to which these developments reflect
overall rises in inflation is illustrated by the rise in consumer
prices in Germany.
Responsibility to Protect
The concept of "responsibility to protect" developed as a result of
the humanitarian and human-rights crises of the 1990s, in
particular the genocide and ethnic cleansings in Rwanda in 1994 and
during the Balkan wars from 1991 to 1999. The concept firstly sets
out a responsibility on the part of every state to ensure adequate
protection of its own population. At a secondary level, it also
includes an international responsibility to protect, should a state
be unable or unwilling to fulfil its primary responsibility.
Doping in recreational and mass sport
Recreational sports in clubs and commercial sports facilities are
widespread in Germany. However doping and drug abuse also exist in
this area. The health-threatening potential of these substances is
considerable. The Pharmaceutical Products Act (Sections 6a, 95)
stipulates that the "placing on the market, prescribing or
administering of medicinal products to others for the purpose of
doping in sport" are liable to imprisonment or to a fine. These
legal measures concentrate mainly on High performance sports
whereas the fight against doping in recreational and mass sport is
strengthened primarily through prevention and awareness-raising
measures.
EU-Japan Presidential Summit
Change of system following the Treaty of Lisbon for
legislative procedures already underway
European criminal law
A parliamentary army under executive
command
The Federal Constitutional Court?s ruling of 7 May 2008 on an
operation involving German soldiers in AWACS aircraft over Turkey
in spring 2003 marks another step on the path towards a greater
role for parliament in the decision-making process in the field of
the Federal Republic of Germany?s foreign and security policy. The
Federal Constitutional Court has refined and significantly
developed its past rulings by outlining in functional and
constitutional terms the concept of a ?parliamentary army?. This is
leading in some respects to a shift in the relationship between the
Bundestag and the Federal Government regarding the separation of
powers in the field of foreign relations: the use of military force
marks the boundary of the executive?s otherwise generous latitude
in the field of foreign affairs. In view of the function and
significance of the constitutional requirement to obtain
Parliament?s approval for military operations abroad, the scope of
this requirement must not be defined restrictively.
Agriculture Markets booming - World Food in
Distress
For various reasons, between January 2007 and May 2008, prices for
food grains and oilseeds have been exploding. "Donors must act now
to feed hungry, wheat prices are up 120 %, rice prices are up 75%"
says Robert B. Zoellick, President of the Worldbank. "Higher food
prices are not a thread, but they open opportunities", says FAO
General Director Jack Diouf. Economists think, that agriculture -
after almost 40 years of shrinkage and stagnation, has a now a good
chance to become a thriving sector for the next twenty or 30 years.
And a number of professional investors, as well as bargain hunters
have rearranged their stock market portfolios towards "soft
commodities".
EU mediation directive
On 23 April 2008, the European Parliament formally approved at
second reading the Directive on certain aspects of mediation in
civil and commercial matters (known as the Mediation Directive).
The Directive, intended to reinforce mediation as an alternative
dispute-resolution mechanism in civil and commercial cases, has to
be transposed into national law by the Member States within three
years of its adoption. It is possible that, in the process of
transposition into national law in Germany, provisions on national
mediation proceedings may be created at the same time.
The discussion on EC/EU accession to the European
Convention on Human Rights (ECHR)
On 17 April 2008, the Council of Europe Parliamentary Assembly made
a recommendation, supported by a large majority, to the Committee
of Ministers of the Council of Europe, calling for the immediate
launch of negotia-tions with the European Union on EU accession to
the European Convention on Human Rights (ECHR). Thus, the
Parliamentary Assembly has placed on the political agenda of the
Council of Europe once again the decades-old debate on EG/EU
accession to the ECHR. At the same time, the EU is creating the
legal framework for ac-cession through the Treaty of Lisbon.
The Federal Security Council
The Federal Security Council is a Federal Government committee
established as early as 1955 to coordinate German security policy.
Although the committee is chaired by the head of government, it is
a body of the cabinet as a whole. Not all Federal Ministers belong
to the committee, however. The meetings of this cabinet committee
are secret; its decisions are generally forwarded to the Federal
Government as recommendations only.
Cooperation between the Federal Intelligence Service and
the public prosecution office in criminal
investigations
According to media reports, the Federal Intelligence Service (BND)
played a role in the investigations into suspected systematic tax
evasion on a massive scale by German citizens using banks in
Liechtenstein. This has raised the question of whether and, if so,
within what limits the Federal Intelligence Service is permitted to
act in the context of criminal investigations
Long-term care support centres in the Act to Reform
Long-Term Care
One important element contained in the Act to Reform Long-Term
Care, which will enter into force on 1 July 2008, is the
establishment of long-term care support centres in Germany. These
are intended, while taking existing structures into account, to
provide a one-stop access point for services and advice to those in
need of long term care and their relatives.
Rail reform and privatisation
The German parliament fundamentally reformed the federal railways
in 1993/94. Monopolistic federal agencies were turned into a
private company, Deutsche Bahn Aktiengesellschaft (DB AG), which
is, however, still fully owned by the state. In recent years there
has therefore been a wide-ranging political controversy about the
sale of part of DB AG to private investors. A compromise is now
emerging which looks very likely to be implemented. The rail
network will return to state ownership and 24.9% of DB AG will be
sold.
The Energy-Using Products Act (EBPG)
The Energy-Using Products Act (Energiebetriebene-Produkte-Gesetz)
is intended to regulate the ecodesign requirements von energy-using
products such as PCs, refrigerators or boilers uniformly throughout
Germany. It is based on an EU Directive, and will be a framework
law. In the coming years, successive regulations will be issued for
separate categories of energy-using products, defining the
requirements that must be met in terms of energy efficiency and
environmental performance. This text sets out the contents of the
EU Directive, the transposition into German law, and possible
consequences for the environment and business.
The national parliaments in the European
Union
The Treaty of Lisbon increases the significance of the national
parliaments. In addition to the Protocol on the Role of National
Parliaments in the European Union, they are mentioned for the first
time in the Treaty proper, as well as in the Protocol on the
Application of the Principles of Subsidiarity and
Proportionality.
Abstract: Human rights and the question of "interference
in internal affairs"
The principle of non-intervention enshrined in international law
prohibits states from interfering in the "domestic jurisdiction" -
also called the domaine réservé - of another state.
Intervention carried out with the threat or use of coercion is
classed as "interference" and prohibited. The domaine
réservé can be restricted by regulations in
international law relating to a specific field of policy. Respect
for fundamental human rights can be considered sufficiently
established in international law. For a state to concern itself
with the human rights situation in another state generally does not
constitute a violation of the ban on intervention.
The "Copenhagen Process"
The "Copenhagen Process" stems from the decision taken in 2002 on
increased European cooperation in the area of vocational
(continuing) education and training. This "Topical Term" examines
developments on the goals developed and the current situation
concerning the goals, along with the instruments and measures
agreed on by the European states to achieve them. The European
Qualifications Framework, which was given concrete form through the
establishment of the German qualifications framework, has a special
importance. Proponents stress the fact that the German
qualifications framework allows categorisation of qualifications
across all areas of education (school education, vocational and
university training) through uniform descriptions developed
jointly, thus allowing comparisons to be made. Critics, on the
other hand, fear that dual forms of training providing vocational
qualifications are likely to be significantly undervalued.
The Rittersturz Conference, 1948: aspects with relevance
for Germany as a whole
At the conference in the Rittersturz Hotel in Koblenz from 8 to 10
July 1948, the minister-presidents of the three Western zones
drafted their own proposals for the establishment of a West German
state, on the basis of the "Frankfurt Documents", in which the
Western allies had set conditions for the establishment of a
?partial state?. The minister-presidents of the Western zones
sought to avoid prejudicing the question of Germany?s division:
symbolically, for example by involving a representative of West
Berlin, and in conceptual terms, by using unusual constitutional
terminology.
The current debate on the 1968 movement
Forty years after 1968, there is still an intensive debate in the
Federal Republic of Germany about the significance of the 1968
movement for society, politics and culture. In terms of academic
research, studies are increasingly being published which aim to
provide an objective historical reconstruction of this period of
social, political and cultural upheaval and its various aspects and
facets. Against this background, the factsheet sets out the
socio-cultural context, the international dimension and the special
characteristics of the German protest movement. It also explores
the critical debates about the 1968 movement and the possible
long-term implications of the protest movement for Germany.
Compatibility of clauses requiring compliance with
collective agreements with Community legislation
Open Skies
On 30 March 2008, the Open Skies agreement entered into force. For
the first time, airlines from the EU can now fly from any European
airport to the United States, and from there fly on freely to other
destinations in third countries. This liberalises the air transport
between Europe and the United States, which was previously strictly
regulated. The EU hopes that this will lead to greater competition,
lower prices and an increase in the number of passenger and cargo
flights.
30 January 1933 - "The appointment of Adolf Hitler as
Chancellor"
On 30 January 1933, Adolf Hitler was appointed Chancellor by
President Hindenburg, within the framework of a "presidential
cabinet". This was an important step on Hitler?s path to
establishing a National Socialist dictatorship. The period of what
were known as "presidential cabinets" began following the collapse
of the Grand Coalition under Chancellor Hermann Müller. Due to
their lack of a majority in Parliament, these cabinets were
dependent on the goodwill of the President, and governed largely by
means of the President?s right to issue emergency decrees (Article
48 of the Weimar constitution). Following the collapse of the
presidential cabinets under Heinrich Brüning, Franz von Papen
and Kurt von Schleicher, Hitler was appointed Chancellor. It was
intended for Hitler and the two National Socialist ministers to be
kept in check by the other conservative ministers in the
Cabinet.
The crushing of the independent trade unions on 2 May
1933
The day on which the independent trade unions in Germany were
crushed was the 2nd of May 1933, when the buildings of the General
German Trade Union Federation (ADGB) were occupied by National
Socialists, the federation?s assets were confiscated, and many
officials were imprisoned, tortured or murdered. Trade union
members were transferred to the National Socialists? trade union,
the German Labour Front (DAF). This day marked another important
step on the path to the establishment of a National Socialist
state. Following Hitler?s appointment as Chancellor, the trade
unions sought to come to an accommodation with the new government,
but this did not prevent the National Socialists from taking
violent action against them. By the end of June 1933, all trade
unions had been disbanded and their members transferred to the DAF,
which became one of the National Socialists? largest mass
organisations with over 25 million members at times.
10 May 1933 - The book burnings
The "Action Against the Un-German Spirit", systematically organised
by the German Student Association (DSt), began on 19 April 1933
with the DSt issuing a call for action that unleashed a witch hunt
against lecturers who were Jews, Communists or members of the SPD
Reichsbanner organisation, or had allegedly "insulted the National
Socialist movement, its Führer or front-line soldiers". In
early May 1933, on the basis of a hurriedly compiled list, students
began, with the support of the police, the SA and the SS, to remove
tens of thousands of books from libraries and book shops. In line
with the DSt?s plans, book burnings took place in 22 German
university towns on 10 May 1933, in some cases with radio coverage.
The stigmatisation of the authors destroyed their livelihoods, as
well as causing lasting damage to German intellectual life. Many
authors went into exile, where a number committed suicide. Today
there are many initiatives dedicated to remembrance of the book
burnings.
23 March 1933 - The "Enabling Act" (Act for the Removal
of the Distress of the People and the Reich)
Immediately after Adolf Hitler?s government took office, the
Reichstag Fire Decree (Reichstagsbrandverordnung) was enacted,
which severely curtailed fundamental rights and subjected the
police largely to the control of the national government. To give
the destruction of democracy planned by the National Socialists a
veneer of legality, the "Act for the Removal of the Distress of the
People and the Reich" of 23 March 1933, more commonly known as the
"Enabling Act" (Ermächtigungsgesetz), which consisted of only
five articles, was enacted. Following the annulment of the mandates
held by Communist Party (KPD) parliamentarians, and with other
parliamentarians absent due to persecution by the National
Socialists, only 94 SPD Members voted against the bill, while the
other 444 parliamentarians voted in favour. The "Enabling Act"
allowed Hitler?s government to enact laws without the consent of
the Reichstag, which continued to exist, or of the Reichsrat and
without the countersignature of the President of the Reich.
1933 - The end of the political parties
Between February and the summer of 1933, within the framework of
the National Socialist policy of Gleichschaltung, or forcible
coordination, the Weimar Republic?s multi-party system was
eliminated by the National Socialists. The ?Reichstag Fire Decree?
of 28 February 1933 suspended fundamental rights enshrined in the
constitution, such as personal freedom and freedom of opinion,
association and assembly. A flood of laws and decrees which
hindered and eliminated the work both of the political parties and
of political assemblies from Parliament down to local level, as
well as terror, arbitrary detentions, threats and suppression,
forced the political parties to ?coordinate? themselves. Initially
it was the Communists and Social Democrats, in particular, which
were subjected to National Socialist persecution; then the
conservative and liberal parties were affected. All attempts to
avoid the dissolution of the parties failed. On 14 July 1933, the
?Act Prohibiting the Creation of New Political Parties? was
enacted, cementing the one-party state.
Caretaker governments
A lack of a clear majority following federal or Land Parliament
elections can hinder the swift formation of a new government. To
prevent a limbo state in which there is no government, the Basic
Law (the German constitution) and the constitutions of the
Länder (federal states) provide for the previous government to
remain in office until a new head of government has been elected
and a new government formed. A caretaker government has the duty to
continue managing the business of government until a new government
takes over
Language requirements in legislation concerning foreign
nationals
Germany?s legislation concerning foreign nationals in many cases
requires non-EU citizens to have a sound command of the German
language in order to receive or consolidate a particular residence
status, for example to receive a permanent right of residence in
Germany or for families joining immigrants in Germany. Different
language requirements exist for the different residence rights
which foreign nationals can acquire; these requirements can range
from "basic knowledge" to "a sound command" of the German language.
In order to learn German, foreign nationals may be entitled to
language courses; in certain circumstances, they may be required to
attend these courses.
The Area of Freedom, Security and Justice in the Treaty
of Lisbon
The European Parliament
Cuba's development prospects in the post-Fidel Castro
era
Cuba is on the brink of a new era. On 24 February 2008, the Cuban
Parliament elected 76-year-old Raúl Castro (Ruz) as
President of the Council of State and the Council of Ministers:
Cuba?s new head of state. He succeeded his brother Fidel Castro
(Ruz), who is five years older, and who had led the Communist state
in the Caribbean without interruption since 1959, first as prime
minister and then as head of state from 1976. Following Raúl
Castro's election as President, expectations of fundamental reform
in the country have risen both in Cuba and abroad. Observers are
divided about whether he will, unlike his brother Fidel, move
towards a broad opening of Cuba.
European Year of Intercultural Dialogue
The European Parliament and the Council of the European Union have
declared the year 2008 the "European Year of Intercultural
Dialogue" (EYID). The European Year aims to draw the attention of
people in Europe to the importance of dialogue within diversity and
between diverse cultures. The idea had initially been put forward
by the European Commissioner with responsibility for culture,
Ján Figel', during his hearing before the European
Parliament in September 2004. With an overall budget of ¤ 10
million, the European Year will draw on the wealth and diversity of
a series of specific projects to be implemented during 2008 through
programmes and other Community actions. Culture, education, youth,
sport and citizenship will be the main areas concerned. The Year
will feature a small number of flagship projects on a European
level, as well as EU support for national actions in each Member
State.
The limits of investigative measures that can be taken
by the public prosecution office and inadmissibility of improperly
obtained evidence
With regard to the current investigations by a public prosecution
office into suspected tax evasion by German citizens using foreign
banks, it has been reported that the German authorities are
apparently basing their investigation on evidence acquired by third
parties who may have breached contracts or even broken the law by
passing on this evidence. Against this background, the text
provides a general overview of what legal yardsticks are applied,
during potential court proceedings at a later date, to
investigative measures taken by public prosecution offices, and the
admissibility of information gained via these measures.
Electoral law and the electoral system
The text gives an overview of the constitutional foundations of
electoral law and the system for elections to the German Bundestag.
In particular, it looks at the limits placed by the constitution on
the shaping of the electoral system. It then goes on to summarise
the advantages of proportional and First-Past-the-Post electoral
systems.
Amendment to the Law Concerning the Supervision of
Insurance Enterprises
On 15 November 2007, the German Bundestag adopted the Ninth Law to
Amend the Law Concerning the Supervision of Insurance Enterprises
(VAG). It was two rulings made on 26 July 2005 by the Federal
Constitutional Court in particular which made it necessary to amend
the VAG. The central provision contained in the new law stipulates
that every contract wholly or partially transferring portfolios
from one insurance company to another requires specific
authorisation from the supervisory authority. In addition, the
amendment brought supervision in the insurance sector into line
with international standards, in particular with regard to
companies' internal risk management.
From the Euro-Mediterranean Partnership to the
Mediterranean Union
The EU wine market reform - on the path to
sustainability in the European wine sector
Criminality amongst immigrants and young people -
statistics, causes and cures
At the beginning of the year, spectacular cases of criminal
violence by young people of non-German origin became the focus of
attention amongst the public and politicians. There is strong
disagreement amongst the parties about the reaction called for from
the state to prevent brutal violence. Whilst, on the one hand, some
call for tougher sentences for young people, others highlight the
social causes of crime and call for greater emphasis on
preventative measures. An analysis of crime data in Germany shows
that the burden placed on the population by young criminals of
non-German origin has not increased. However, the propensity for
violence and number of crimes committed is greater amongst young
people of non-German origin. Comparisons between Germans and
non-Germans are misleading, however, as statistics only record the
citizenship of suspects, rather than their level of education,
social situation or background.
The constitutional position of the child
A political discussion is currently taking place on whether
specific children's rights should be incorporated into the
constitution. This Topical Term provides an overview of the current
constitutional position of the child, including against the
background of the Federal Constitutional Court's rulings. It
explains in what form children?s rights could be incorporated into
the Basic Law (the German constitution). In closing, it looks
briefly at children's rights in the constitutions of Germany's
Länder (federal states) and the Member States of the European
Union.
From "Wise-men Committee" to "Reflection
Group"
On 14 December 2007, the European Council has established an
independent reflection group, "in order to help the Union
anticipate and meet challenges more effectively in the longer term
(horizon 2020-2030)". The former Spanish prime minister, Felipe
González, was entrusted with the chairmanship of the group.
Two vice-chairpersons will assist him, Vaira Vike-Freiberga, former
Latvian president, and Joröa Ollila, former chairman of Nokia.
Nine members altogether shall belong to the group. The decision
originates in a proposal made by French president Nicolas Sarkozy,
who had suggested the creation of a "wise-men committee". Yet the
composition and mandate of the reflection group clearly fall short
of the initial conception.
The Lisbon Treaty
In June 2007, under German EU-Presidency, the heads of state of the
27 EU members agreed upon a precise mandate for an
intergovernmental conference. Based on the results of the
intergovernmental conference of 2004 a reform treaty has been
drafted which shall amend the Treaty on the European Union
(Maastricht) and the Treaty Establishing the European Community
(Rome).In this process the idea of a Constitution replacing all
earlier EU treaties, having been pursued until 2005, has been
abandoned. All references with regard to preamble, anthem and flag
representing the symbols of the EU have been dropped as well. At
the informal October-meeting in Lisbon the heads of the EU states
discussed the drafted new treaty and resolved all controversial
issues. As the Lisbon Treaty, the reform treaty has been signed by
all heads of state in the Portuguese Capital on 13 December 2007.
All 27 EU countries will be expected to ratify the Treaty by 2008
in order to put the EU on a new common foundation prior to the
European elections in 2009. Hungary was the first state to ratify
the treaty on 17 December 2007.
European Year of Creativity and Innovation
2009