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.
Classroom crucifixes
In its judgement of 3 November 2009, the European Court of Human
Rights ruled that the display of crucifixes in the classrooms of a
state-run school constituted a violation of the European Convention
on Human Rights. According to the ruling, this practice is an
infringement of parents' rights to educate their children in line
with their convictions and of children's right to religious
freedom, as protected by the Convention. The German Federal
Constitutional Court also used similar ar-guments in its ruling on
crucifixes and crosses in compulsory state schools in Ba-varia.
Forecasts of labour-market developments in
2010
This issue of the Topical Term presents the most recent
labour-market forecast produced by the Institute for Employment
Research (IAB), along with the Autumn 2009 joint report by the
leading German economic research institutes, and the 2009/2010
annual report by the German Council of Economic Experts.
Foundation for Higher Education Admissions
(SfH)
Since 1973, the Central Office for the Allocation of Study Places
(ZVS) has allocated higher education places for specific subjects
where standard entry requirements have been established at national
level. The independent allocation of places by the higher education
institutes results in organisational problems which lead to places
not being filled. For this reason, there are plans for the ZVS to
be turned into a Foundation for Higher Education Admissions (SfH)
in the future, with the task of assisting all applicants in
choosing a higher education place, and supporting higher education
institutes in carrying out the admissions process. The German
Rectors? Conference (HRK) and the heads of the higher education
institutes are highly sceptical of the establishment of a
foundation of this kind, fearing it would limit their autonomy. As
an interim solution, the German Rectors? Conference and the
Länder (federal states) of Hamburg and Baden-Württemberg
have set up online portals for available higher education
places.
Shop opening on Advent Sundays
On 1 December 2009, in reaction to constitutional complaints lodged
by the Protestant and Catholic Churches, the Federal Constitutional
Court (BVerfG) issued a ruling. In this ruling, the Court declared
anti-constitutional the rules concerning Advent Sundays contained
in Berlin's shop-opening law, since, in the Court's view, the
opening of shops on all four Sundays during the Advent period is
incompatible with the duty to ensure that people have an
opportunity to rest on Sundays and public holidays. Nevertheless,
the current rules in application in Berlin will remain in place
this year, due to the right of sales-outlet owners to exercise
their profession freely, and the fact that they expected the rules
to remain in place and had already taken decisions and made
arrangements for the 2009 run-up to Christmas on this basis.
Legal requirements for wind turbines
The revised version of the Renewable Energy Sources Act (EGG),
which entered into force on 1 January 2009, has improved framework
conditions for wind energy. Thus, in future, licensing processes
for wind power plants will attract even greater interest than is
currently the case. Complex legal frameworks have developed in this
field over the last 20 years.
The Defence Committee as a committee of
inquiry
On 2 December 2009, the Defence Committee voted to constitute
itself as a committee of inquiry, in order to investigate the
Federal Government's information policy regarding the events and
consequences surrounding the bombing of two hijacked tankers in the
Kunduz River on 4 September. This issue of the Topical Term,
entitled "The Defence Committee as a committee of inquiry",
examines the legal framework of the defence committee as a
committee of inquiry, and the legal options open to it.
Annual days of action, topic days and days of
remembrance: selection for 2010
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.
Methods for apportionment of seats in parliaments -
mathematical systematics and current status of
discussion
More than two centuries of discussion about the best ways to
apportion parliamentary seats to regional units (in federal
systems) and/or to parties (in proportional voting systems) have
produced a variety of mathematical apportionment methods. Each of
them has specific advantages and disadvantages, some of which are
particularly pronounced in the case of electoral systems which are
both proportionality-based and federally structured (such as
Germany). In view of the upcoming debate on electoral system reform
in Germany, this study provides an in-depth review of the multitude
of existing apportionment methods, their mathematical systematics,
the respective pros and cons, and some variants of formulation in a
future electoral law.
Rights of airline passengers in cases of overbooking,
delays and cancellation of flights
In cases of delayed air transportation - due to a delayed flight,
or due to overbooking or cancellation - the question of the rights
of such passengers to claim compensation from the airline and/or
travel firm arises. The legal basis for such claims may be found
not only in civil law, but also in international treaties or
European Community regulations. The information bulletin provides
an overview of the relevant legal norms, and then goes on to
examine individual concrete situations ? in order to allow readers
to judge what rights they have and, where appropriate, to exercise
these rights. The right to alternative means of travel and
reimbursement of the costs of the air ticket, along with the
fixed-rates of compensation, are likely to be of particular
interest to airline passengers. The bulletin focuses in particular
on the directly applicable European legal provisions.
Legal equality for registered same-sex partnerships: the
impacts of the ruling of the Federal Constitutional Court
concerning pensions for surviving dependants
On 7 July 2009, the Federal Constitutional Court ruled that
registered same-sex partnerships should be given legal equality
regarding occupational pensions for surviving dependants. The study
examines the extent to which legislators, public institutions and
courts will also need to ensure legal equality for registered
partnerships in other areas.
Cloning of livestock
According to the European Commission, cloning is on the verge of
widespread commercial use. The Commission expects that, in
particular, products - such as milk, sausages and cheese - derived
from the offspring of cloned animals will be available to consumers
before 2010. This issue of the Topical Term explains the
significance of cloning in livestock agriculture and examines the
political and ethical arguments.
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).
Equal pay for men and women
If men?s and women?s incomes are compared, it is clear that there
can be no talk of pay equality. On average, women earn 23% less
than men, despite legislative provisions such as those set out in
the General Equal Treatment Act. This is partly due to the fact
that women are frequently engaged in occupations which are less
well-paid and have traditionally been perceived as women?s jobs,
and that women still take breaks from paid employment for family
reasons more frequently than men. To change this, there are calls
for it to be made easier to combine work and family life: for
example, the availability of child care should be improved, and
significant changes achieved in mental attitudes towards gender
roles, to offer both sexes the opportunity to engage in employment
without interruption.
Noise from children
German courts frequently deal with complaints regarding noise from
children. The current issue of the Topical Term takes the example
of nurseries and explains the legal background and reforms
currently under consideration.
The organisation of the courts and the Bundeswehr?s
operations abroad
A discussion is currently taking place about whether the
Bundeswehr?s operations abroad require a specialisation in the
field of criminal justice. The advocates of reform state that the
aim would be to reach more quickly a competent assessment under
criminal law of actions taken by service personnel in the special
circumstances of an operation abroad. In particular, it has been
proposed during this discussion that a central public prosecution
office responsible for such cases should be created by pooling
local competences. A distinction must be made between a reform of
this kind and the establishment of a court-martial system for
service personnel engaged in operations abroad.
25 November: International Day for the Elimination of
Violence against Women
At the end of 1999, the United Nations General Assembly passed a
resolution at its 83rd plenary meeting designating the 25th of
November as the International Day for the Elimination of Violence
against Women. On 25 November 1960 the three Mirabal sisters were
brutally ambushed and killed by the military secret service of the
Dominican Republic, having previously been subjected to months of
torture. The sisters had fought against the dictatorship of Rafael
Leonidas Trujillo in their country. Around the world, the sisters
became role models for women with regard to rebelling against
injustice and seeking to achieve and enforce respect for their
rights.
Rules of Engagement and the Soldiers? Cards of the
German Armed Forces
"Rules of engagement" (RoE) refer, in the military sphere, to the
rules binding the armed forces on the use of force and coercive
measures during an operation. They are used worldwide in national
and multinational operations. This issue of the Topical Term sets
out the way in which rules of engagement are drawn up at
multinational level, and examines their substance and
implementation at national level, which takes place in particular
via what are known as "soldiers? cards".
Internally displaced persons
The term "internally displaced persons" describes persons who have
been forced to leave their homes, but remain within the borders of
their own countries. The number of these persons has significantly
increased over the last decades. This Topical Term sets out the
international legal and institutional framework for the protection
of internally displaced persons.
Creative Commons
Since its foundation in 2001 the American organisation "Creative
Commons" (CC) aims at simplifying and facilitating the publication
of copyright protected digital content in the internet. By way of a
modular system of six different CC-licences, copyright owners can
flexibly choose the extent to which they want to protect their
content. Today CC-licences have become widely used in all areas of
creative production, increasingly also in Germany. However, under
existing law copyright owners who are members of a German
collecting society are not entitled to licence their work
independently under a CC-licence. Supporters of Creative Commons
hope that efforts at accommodating the two systems, which have
already been successful in the Netherlands, will lead to a
compromise in the near future.
International criminal courts
In view of the challenges involved in prosecuting piracy, the idea
of establishing an international piracy court has been raised
within the political debate. Against this background, this issue of
the Topical Term examines the tasks and organisation of existing
international criminal courts. These courts deal solely with
particularly serious crimes, such as genocide, crimes against
humanity, war crimes and civil war crimes.
UNESCO
The General Conference elected Irina Bokova of Bulgaria as the
tenth Director-General of the United Nations Educational,
Scientific and Cultural Organization (UNESCO). UNESCO is a
specialized agency of the United Nations established on 16 November
1945. Its stated purpose is to contribute to peace and security by
promoting international collaboration through education, science,
and culture in order to further universal respect for justice, the
rule of law, and the human rights and fundamental freedoms
proclaimed in the UN Charter.
DESERTEC ? Solar power from the desert
The "DESERTEC" concept, or supplying Europe with electricity from
the North African desert, is currently the subject of much
political and public debate. It is intended to be achieved using
solar thermal technology. This issue of the Topical Term provides
an overview of the technology currently available and how
achievable the DESERTEC concept is.
Bundeswehr operations: confirmation of parliamentary
consent
In its judgement of 13 October 2009, the Federal Constitutional
Court ruled on the question of what conditions make it necessary
for the Bundestag?s consent to be obtained again when the legal or
other circumstances of an operation by the armed forces change
after Parliament?s consent has been given. The ruling stipulates
that the Bundestag?s consent only ceases to be valid in the
following circumstances: after a certain period of time, if the
Security Council?s mandate was for a specified duration; in the
event of circumstances arising which the mandate for the operation
specifically states should lead to the end of the mandate; or in
the event of the UN Security Council passing a resolution
explicitly repealing or replacing the mandate.
The Stability Council and the early warning system to
prevent budget crises at federal and Land level
As early as 1992, the Federal Constitutional Court noted that no
adequate regulations existed concerning how public budget crises
should be dealt with. One of the measures passed as part of the
second stage of the reform of Germany?s federal system was
therefore the addition of Article 109a to the Basic Law (the German
constitution); the article?s provisions are expanded on by the
Stability Council Act of 10 August 2009. The Stability Council has
the task of monitoring the current state of and developments in the
budgets of the Federation and the Länder (federal states) and
to take any remedial measures which are required. The aim is to
identify the risk of a budget crisis at an early stage and, by
taking remedial measures, to avert the potential crisis.
Twenty years ago: the fall of the Berlin Wall on 9
November 1989
The peaceful revolution in the GDR in 1989/90 began as protests
against arbitrary action and repression by the state. The citizens?
movement and ever-growing sections of the population called on the
state and party leaders to reform the political system. What had
initially begun as outrage and protests by individuals and small
groups developed in the course of the autumn of 1989 into a protest
movement critical of the system and enjoying broad popular support.
This movement ultimately made a decisive contribution to the fall
of the Berlin Wall and the demise of the GDR.
The European Commission?s notification
procedure
The Act to Combat Tax Evasion
(Steuerhinterziehungsbekämpfungsgesetz)
Each year, tax evasion costs the Federal Republic of Germany
several billion euros in tax revenue. For this reason, the German
Bundestag recently adopted the Act to Combat Tax Evasion to make
cross-border tax evasion significantly more difficult. At the heart
of the new law are special duties to cooperate and to submit
records, which are imposed on persons liable to tax who have
business connections with third parties in states or regions which
do not recognize the international standards on the sharing of
tax-related information. In addition, the law expands the
investigatory powers of the fiscal authorities in tax cases with a
foreign connection.
Reform of the law on inheritance and gift
tax
The Act to Reform the Law on Inheritance Tax and Valuation (Gesetz
zur Reform des Erbschaftsteuer- und Bewertungsrechts), which
entered into force on 1 January 2009, changed the tax rates and
allowances enshrined in the Inheritance and Gift Tax Act
(Erbschaft- und Schenkungsteuergesetz) and the valuation of
business assets and property in the Valuation Act
(Bewertungsgesetz). Tax rates were raised for certain tax brackets,
while allowances were significantly increased. In addition, new
rules on exemptions were implemented, in particular in cases where
beneficiaries intend to continue living in a property or running a
business.
Ten years of Strategic Partnership between the EU and
Latin America and the Caribbean (LAC)
Restrictions on the provision of health
services
In view of the increasing financial shortfall in the healthcare
system, it is already clear that it will be impossible in future to
provide all services which are beneficial to all patients. The text
discusses possible criteria for allocation of services, with
reference to the concepts of "rationalisation", "rationing" and
"prioritising".
Coalition negotiations - coalition
agreement
Coalition agreements are the documents in which political parties
define their conditions for electing the Federal Chancellor. They
serve as the foundation for the parties? joint work in government
and in Parliament. They are binding more in the political than the
legal sense.
The ruling of the European Court of Justice on the
'Riester' pension scheme
The electronic health card
The nationwide roll-out of the electronic health card began on 1
October 2009. It is intended to make a decisive contribution to
improving data protection in the health system and strengthening
patients? rights to be involved in decision-making.
Information-sharing between doctors, pharmacists and hospitals is
to be made more transparent in order to enhance the quality and
cost-effectiveness of medical treatment. The use of many of the
cards? new functions is voluntary. This allows insured people to
decide for themselves whether to use these functions and what
personal data should be stored on the card.
Parliamentary participation in affairs of the European
Union in Austria, the Czech Republic, Denmark, France, Poland and
the United Kingdom
This information bulletin examines national measures reflecting the
reinforcement in the Lisbon Treaty of the rights of national
parliaments in the European Union's Member States to participate in
EU legislation and in the revision procedure for the Treaties. The
bulletin sets out the current participatory rights of the national
parliaments in Austria, the Czech Republic, Denmark, France, Poland
and the United Kingdom. In addition, it describes the measures
being implemented by these parliaments or their chambers to prepare
for the reinforced participatory rights introduced by the entry
into force of the Lisbon Treaty. As well as examining the
simplified revision procedure for the Treaties, the application of
bridge clauses and the "emergency brake mechanism", the bulletin
also looks at the application of the new instruments of
subsidiarity monitoring, with the use of the "subsidiarity
objection" and "subsidiarity action".
Fiscal drag
In the political debate regarding the second economic stimulus
package and in the run-up to the 2009 Bundestag elections, the
problem of "fiscal drag" was repeatedly discussed. Fiscal drag is
an effect caused by the combination of a progressive income tax and
a rise in the cost of living (inflation). This issue of the Topical
Term examines the causes and the impact of this effect.
60 years of the Petitions Committee
The Petitions Committee is celebrating its 60th anniversary. In the
60 years since its establishment, around 750,000 petitions have
been processed by the Petitions Committee. With an online
e-petitions portal and by opening meetings to the public, the
Committee has also set the course for the future.
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.
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.
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.
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 '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.
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.
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.
Inheritance and wealth tax in the EU Member
States
This information bulletin offers a comparison of legal regulations
in the field of inheritance tax and wealth tax in the EU Member
States, Australia, Canada, Japan and the United States. It gives an
overview of whether such taxes exist and what form they take. It
examines the basis of assessment, the objects, subjects and rates
of taxation, and exemptions.
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.
Impacts of the first stage of reform of Germany's
federal system - Rights of participation and legislative powers
-
Three years after the entry into force of the first stage of the
federalism reform, this information bulletin provides an overview
of the reform's impact in the areas of "rights of participation and
legislative powers". Section A of the text examines the statistics
on the number of laws requiring the consent of the Bundesrat and
the number of times that the Bundestag/Bundesrat Mediation
Committee was convened. Section B looks at the other impacts of the
reform: it describes the legislative activities triggered by the
changes to the powers of the Federation and the Länder, as
well as instances of derogation from federal legislation by the
Länder and the ban on municipalities being entrusted with
tasks by means of federal legislation.
"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
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.
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.
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
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.
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.
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.
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.
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.
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.
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
Reform of the EU fisheries policy
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.
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.
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.
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?
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 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.
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.
The Eastern Partnership
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.
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.
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.
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.
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.
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.
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
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
Directive on temporary workers
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.
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.
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'.
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.
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.
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.
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.
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.
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.
Changes in the European Union in 2009
The czech Presidency of the European
Union
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.