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Research Papers
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.
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Pharmaceutical discount contracts
At 32.4 billion euro, the cost of drugs accounted for around 18 percent of health expenditure in 2009. A further rise in costs is likely. The aim of the current policy on pharmaceuticals is to achieve a rapid and efficient cut in costs. The existing price regulation system consists of several instruments existing side by side. The planned savings package is intended to make the price regulation system more efficient. -
Too few doctors in Germany?
Despite the continually increasing number of practising physicians, there is still talk in Germany of an actual or imminent lack of doctors. The causes of the threatened deficit are to be found in the uneven distribution of physicians, particularly panel doctors, across the country, demographic developments (an ageing population needing more and more care) and the large number of doctors reaching retirement age in the next ten years. This issue of the Topical Term describes the background to the threatened shortage of medical practitioners and presents the many different proposals currently doing the rounds in the health sector and among health policymakers as to how to improve the situation. -
Attention-deficit hyperactivity disorder - ADHD
Attention-deficit hyperactivity disorder (ADHD) is the term used for a syndrome occurring predominantly in children and young people and characterised in particular by inattention, difficulty in focusing on a task, restless behaviour (inability to sit still), impulsivity with abrupt motor and/or verbal actions. The causes of ADHD suggested in the highly controversial scientific debate range from neurobiological to psychosocial factors. Federal Health Minister Dr Philipp Rösler activated the internet site http://www.adhs.info/ in March 2010. Individual pages on ADHD (attention-deficit hyperactivity disorder) will gradually be activated by the end of 2010. The aim is to provide people looking for advice with information about ADHD. -
20 years since the first free Landtag elections in the five new federal states
Landtag (Land parliament) elections were held simultaneously in the new federal states - Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia ? on 14 October 1990. The Länder had been reconstituted as part of the German unification process on 3 October 1990. Except in Brandenburg, the CDU became the strongest political party ahead of the SPD. Both the PDS or Left List/PDS and the FDP won seats in all five Land parliaments. The Greens and representatives of the grassroots movements successfully put up joint candidates for the parliaments in Saxony, Saxony-Anhalt and Thuringia. In Mecklenburg-Western Pomerania and Brandenburg, where they campaigned separately, only Alliance 90 won seats, in the Land parliament of Brandenburg. -
Custody rights for unmarried fathers
On 3 August 2010, the Federal Constitutional Court ruled that the existing situation concerning custody rights for unmarried fathers, as set out in Sections 1626a and 1672 of the Civil Code, was unconstitutional. In the past, fathers in this situation have only been able to gain joint or sole custody provided mothers gave their consent. In its judgement, the Federal Constitutional Court ruled that these provisions infringed the basic rights of fathers, as enshrined in Article 6 (2) of the Basic Law. -
Reform of local authority financing
On 24 February 2010, the Federal Government established a committee to draft proposals on a reform of local-authority financing. The committee was charged with making proposals on the future of trade tax and with examining alternative models. The working groups set up by the commission have now produced an interim report; however, this report only examines the "test model". This model would mean the abolition of trade tax - revenue from which fluctuates according to the economic situation. The revenue lost would be compensated by adding extra percentage points to other kinds of taxes which are not influenced by the economic cycle. -
Geo-Engineering / Climate Engineering
In view of global warming, there is growing discussion not only of reducing CO2 emissions, but also of deliberately manipulating the climate by technological means - usually referred to as geo-engineering. This issue of the Topical Term, dedicated to geo-engineering, provides an overview of the current state of research in this field and the opportunities and risks of the proposed measures. -
The Federal Constitutional Court?s competence to review European law
In a decision of 6 July 2010, the Federal Constitutional Court clarified the preconditions under which it has the competence to review EU measures. The decision represents the first application of the principles that the court set out in its judgment on the Lisbon Treaty. The Federal Constitutional Court has put a restrictive interpretation on its power of review, which has come as a surprise to many. -
Harmonisation of consumer rights in the European Union
In October 2008, the European Commission produced a proposal for a directive on consumer rights. The proposal provided for the full harmonisation of consumer rights in the European Union, which was widely criticised by, amongst others, the Federal Ministry of Justice, the Bundesrat, the Committee of the Regions and authors of specialist legal literature. This issue of the Topical Term describes the rationale for the Commission?s initiative and the critics? main arguments, as well as discussing a draft report produced by the European Parliament?s Committee on the Internal Market and Consumer Protection. It is an amended version of the proposal and provides for "full targeted harmonisation", i.e. full harmonisation for certain provisions to be decided on a case-by-case basis. -
China?s climate stance
To date, China has rejected binding emission reduction targets in the international climate negotiations, citing its right to economic development. In autumn 2009, however, the Chinese government at least stated its willingness to reduce, by 2020, its greenhouse gas intensity (greenhouse gas emissions relative to economic output) by 40 to 45 per cent compared to 2005 levels; this would, however, mean a further increase in absolute emissions if the economy continues to grow. The Chinese government takes the view that the industrialised countries should continue to shoulder the largest reductions in greenhouse gas emissions even after the first commitment period under the Kyoto Protocol expires at the end of 2012, thereby accepting their historical responsibility. -
Art in Architecture
The "Art in Architecture" guidelines require the state, when constructing new buildings, to spend a certain proportion of the construction costs - usually one to two per cent - on works of art. This requirement, whose origins dates back to the Weimar Republic era, was formally established in a Bundestag decision of 25 January 1950 and has had a significant influence on the appearance of federal buildings ever since. Steadfast support for site-specific art is one of the Federal Republic of Germany?s achievements in terms of cultural policy: the German Bundestag alone has spent around 15 million euros on works as part of the Art in Architecture programme in its buildings in Berlin. One current example of the Bundestag?s commitment to Art in Architecture is the competition for the Dorotheenstraße/Wilhelmstraße building, currently being renovated for the German Bundestag. The competition entries can be viewed in the German Bundestag?s Art Room until 12 September 2010. -
Prioritisation in the statutory health insurance system
The debate on how to deal with rising health expenditure has been intensified by the growth in demand for health services as a result of demographic change, medical progress - resulting in new and often expensive diagnosis and treatment options - and political moves to encourage greater competition in the health sector. At the heart of the debate is the concept of ?prioritisation?. This issue of the Topical Term explains this concept and sets out a list of criteria developed by the Central Ethics Commission of the German Medical Association (ZEKO) in 2007 which is today often cited in specialist literature. It refers to calls for greater public involvement in the debate, and highlights the fundamental constitutional limits on any type of regimentation of health matters. -
The demolition of the Royal Palace in Berlin
The demolition of the Royal Palace in Berlin - the wanton destruction of one of the most significant baroque buildings in Europe - began on 7 September 1950. Despite widespread protests, the 500-year-old palace was razed to the ground to create a giant parade ground - a decision which had been pressed for in particular by Walter Ulbricht, the General Secretary of the Central Committee of the Socialist Unity Party (SED). Following the demise of the GDR and the reunification of Germany, a discussion once again began about the future of this area. On 4 July 2002, the German Bundestag decided to demolish the Palace of the Republic and build a new "Humboldt Forum", involving the reconstruction of three of the Royal Palace?s baroque facades; however, the start of the construction work was postponed for cost reasons. -
Protecting society from dangerous offenders - The legal situation in other European countries
For several years, the question of how to protect society from dangerous offenders has been a major issue in the debate on law and order in Germany. The European Court of Justice has found that preventive detention constitutes a "penalty", and that the retroactive extension of preventive detention - permitted under German law - violates the Convention on Human Rights. The judgment has reignited the discussion on how to adequately protect society from dangerous offenders and how best to deal with them. Against this background, in the summer of 2010 the German Bundestag?s Research Services sent a request for information via the European Centre for Parliamentary Research and Documentation (ECPRD), with the aim of obtaining up-to-date and valid information on how other European countries deal with the issue of adequately protecting society from dangerous offenders. This information bulletin summarises the responses received to the survey. -
Reform of alternative civilian service
The Act to Amend Legislation Governing Military and Civilian Service (Gesetz zur Änderung wehr- und zivildienstrechtlicher Vorschriften), which enters into force on 1 December 2010, will reduce the period of compulsory civilian service to six months while providing those who perform it with the option of supplementing it with a three to six-month period of additional, voluntary civilian service. This measure is intended to boost voluntary service in Germany. -
The German-Soviet Non-Aggression Pact (the "Nazi-Soviet Pact") of 23 August 1939
The non-aggression pact that was concluded on 23 August 1939 between the National Socialist German Reich and the Communist Soviet Union, popularly known in German as the "Hitler-Stalin-Pakt" and in English as the "Nazi-Soviet Pact", not only took the Western world by surprise but also paved the way for Hitler to launch his campaign against neighbouring Poland on 1 September 1939. In the Secret Protocol to the Pact, the two countries set out their respective spheres of interest in Poland, in north-eastern Europe (Finland and the Baltic States) and in south-east Europe (Bessarabia). The agreement also enabled Hitler to avoid the risk of a war on two fronts. -
The accession decision of the GDR People's Chamber on 23 August 1990
At a dramatic special sitting on the night of 22 to 23 August 1990, the People's Chamber (Volkskammer) of the GDR, then in its tenth legislative term, took a decision in favour of "the accession of the German Democratic Republic to the area of application of the Basic Law of the Federal Republic of Germany with effect from 3 October 1990". The decision, taken at a time when the GDR was facing economic and social collapse, accelerated an already fast-moving unification process and was one of the essential keys to the reunification of Germany on 3 October 1990. -
Community Health Centres
Since the entry into force of the Statutory Health Insurance Modernisation Act (Gesetz zur Modernisierung der Gesetzlichen Krankenversicherung) on 1 January 2004, Community Health Centres (Medizinische Versorgungszentren) have had a role to play in out-patient health care under the statutory health-insurance scheme. In these centres, structured interdisciplinary cooperation between physicians and members of other medical and paramedical professions working under one roof serves to guarantee one-stop patient-centred care. -
Quality assurance in the supply of medicinal drugs
Medicinal drugs are an indispensable element of medical care. The mechanism used in Germany to guarantee that the supply of medicinal products meets the relevant standards is primarily institutional in nature. Responsibility for the quality and testing of medicinal drugs in Germany lies primarily with the Federal Joint Committee, the Institute for Quality and Efficiency in Health Care and the Drug Commission of the German Medical Profession. This issue of the Topical Term introduces these institutions and explains their tasks, their working methods and their interconnections. -
The Concordat of 20 July 1933
On 20 July 1933, Secretary of State Cardinal Eugenio Pacelli, representing the Holy See, and Vice-Chancellor Franz von Papen, the delegate of the German Reich, signed a Concordat. It was ratified by the German Reich on 10 September 1933. In a judgment of 23 March 1957, the Federal Constitutional Court ruled that the agreement between Church and State remained applicable, although its binding force had been considerably diluted by the intervening change in the division of state powers. -
Minority governments in the German Länder since 1990
Minority governments are governments formed by political groups whose cumulative forces do not command a parliamentary majority. To implement their government policy, minority governments have to canvass for support among the other parliamentary groups in order to obtain a majority for each of their legislative proposals. Since 1990, minority governments in the constituent states of the Federal Republic of Germany have been a rarity. They have not been able to establish themselves as an alternative model of government. When they did take office, they were generally short-lived and were often a stop-gap prior to the formation of a government with a parliamentary majority. -
On the path to German unification: the monetary, economic and social union of 1 July 1990
The Treaty between the Federal Republic of Germany and the German Democratic Republic establishing a Monetary, Economic and Social Union, which entered into force on 1 July 1990, represented a first crucial step towards German unification. The introduction of the Deutsche Mark into East Germany attracted the majority of attention and was therefore preceded by long and tough negotiations over the currency?s conversion rate (1:1 or 2:1) against the GDR Mark it was replacing. The decisive aspect of the treaty, which was approved by a large majority of the Bundestag in the west and the People?s Chamber in the east, was that it introduced the social market economy in the GDR. -
Touch &Travel
Touch & Travel is a cashless payment system for public transport use which is currently undergoing trials. Under the system, tickets are purchased via the passenger?s mobile phone, which must be equipped with Near Field Communication (NFC) technology. The trial phase was launched in 2006 by the main German rail operator, Deutsche Bahn, together with a number of companies principally from the telecommunications sector, and is scheduled to be concluded at the end of 2010. The aim is to launch it onto the market in full operational use across whole networks by 2011/12. The system is currently being tested in Berlin, Potsdam, the Frankfurt regional transport network, parts of the state of North Rhine-Westphalia and on selected long-distance routes. The aim of Touch & Travel is to make physical tickets redundant and to avoid long waits at ticket counters and machines. -
EU Cultural Policy and the Treaty of Lisbon
The Maastricht Treaty (1992) gave a legal basis to EU cultural actions and policies for the first time (article 151, ex-article 128). Aimed at 'encouraging', 'supporting' and 'supplementing' the actions of the Member States, 'while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore', the article gave some competence to the EU, but only in a 'complementary' form. This provision is still valid today and has not been affected by the Lisbon treaty (article 167 TFEU). And as European cultural policy evolves, a specific European Agenda for Culture has been developed. 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. -
The wrapping of the Reichstag Building by the artists Christo and Jeanne-Claude in June 1995
Shortly before work began on renovating the Reichstag Building to serve as the seat of the German Bundestag, the old parliamentary building was at the centre of a special artistic event in the summer of 1995 when it was wrapped by the artists Christo and Jeanne-Claude. More than five million people visited the couple?s art project, which, after 23 years of planning, was only made possible by a resolution of the German Bundestag on 25 February 1994. This was the first time that Parliament had debated a work of art. The Wrapped Reichstag made an important early contribution to the development of the image of the reunified Germany as an outward-looking country. -
The categorisation of conflicts from the perspective of international law
In peace and conflict studies, there are many different characterisations of the types of military conflict and their causes. This issue of the Topical Term sets out a system of categorising the types of conflict, from the perspective of international law. In addition, it explains selected aspects of the legal systems relating to international and non-international armed conflicts. -
The Federal Convention: 1949 to the present day
On 30 June 2010, the 14th Federal Convention will elect the tenth President of the Federal Republic of Germany in the Reichstag Building in Berlin. This will be the ninth time that the Federal Convention meets in Berlin; on the other five occasions Bonn was the venue. The proportion of women delegates has risen continually from around one tenth in the 1980s to almost one third of the on average almost 1100 members of the Convention. All previous Federal Presidents have held high office in the political, judicial or administrative spheres or were active parliamentarians at Federal or Land level prior to their election. -
Seventy years ago, June 1940: German troops enter Paris and General de Gaulle starts the Free French movement
On 14 June 1940, German troops marched into the French capital Paris triggering the collapse of French military resistance and paving the way for France to be divided into two with the armistice at Compiègne. Thus, after a mere six weeks, the "Sickle Cut Plan", which included the violation of the neutrality of both the Netherlands and Belgium, had led to an unexpectedly rapid military success. At the same time, Charles de Gaulle proclaimed that "the flame of French resistance must not be extinguished" in a radio speech on 18 June 1940. -
Monitoring and sanctions mechanisms of the European Economic and Monetary Union - The status quo and proposals for reform
The extreme debt situation of the EU Member States ? which came to light after measures were taken by the European Union and its Member States to limit the scale of the financial and economic crisis and to alleviate its impact ? clearly demonstrated in particular the failure by the Member States to fulfil their obligations to coordinate their economic and budgetary policies as well as to avoid excessive public deficits. At the same time, it revealed the weaknesses of the governance framework of Economic and Monetary Union. These weaknesses and their elimination are a major topic of political and expert debate following the adoption of the support package for Greece, worth a total of 110 billion euros, and the larger European Financial Stabilisation Mechanism partly backed by the IMF and worth a total of 750 billion euros. There is agreement that the window of opportunity opened up by the activation of these rescue and stabilisation packages should be used to introduce fundamental reforms of the architecture of Economic and Monetary Union. The Task Force on Economic Governance was established by the European Council on 25 March 2010 to draw up relevant proposals. The European Commission as well as other institutions and think tanks are all actively involved in this discussion process. In this information bulletin, the discussion about reforms is taken as a starting point for looking at the current situation of the surveillance and sanctions mechanisms for Economic and Monetary Union and in particular for the Stability and Growth Pact at its heart, and for examining in more detail some of the proposals for the reform of these mechanisms submitted so far. -
Award of the Point Alpha Prize
In 2010, twenty years after German reunification, the Point Alpha Prize, awarded by the Kuratorium Deutsche Einheit in honour of "contributions to the unity of Germany and Europe in peace and liberty", is to be presented to former Federal Chancellor Helmut Schmidt. The prize is endowed with 25,000 euros and will be presented on 17 June 2010 at the Point Alpha memorial site, which is funded through the Point Alpha Foundation. -
Current political developments in Kyrgyzstan
Kyrgyzstan's most recent internal crisis has made it the subject of international attention. This crisis led at the beginning of April 2010 to the ousting of the previous President, Kurmanbek Bakiyev, by the opposition. The interim government is currently overseeing the drafting of a new constitution, aimed at significantly reducing the President's political influence and reinforcing the rights of Parliament. On 27 June 2010, a vote is to take place on the new constitutional draft, whilst parliamentary elections are to take place in October 2010. -
History of the World Cup
From 11 June to 11 July 2010, the 19th World Cup Finals are taking place in South Africa. This is the first time that the World Cup has been held on the African continent. This competition, which is the most important international football tournament for national teams, has been organised since 1930 by FIFA (Fédération Internationale de Football Association: International Federation of Association Football). Every four years, the World Cup is held in a different country. Since the event began to be televised live in the 1950s, the World Cup has developed into a global sporting event. In addition, the last few decades have seen it develop into a major commercial event. -
Health reform in the USA
The US President has signed into law a bill introducing a reform of healthcare. In future, all Americans will have access to health insurance: from 2014, every citizen will be required to have basic health insurance. The costs of the measures are to be covered by reducing expenditure and introducing tax increases for higher-earners. -
The 14th Federal Convention on 30 June 2010
On 30 June, the 14th Federal Convention will elect the Federal President. The Convention is made up of all the Members of the Bundestag (622) and the same number of members elected by the Parliaments in the Länder (federal states). In total therefore, the Federal Convention is composed of 1244 delegates. The Federal President is elected in a secret vote. In order to be elected as President, a candidate must gain an absolute majority in the first or second round of voting or a simple majority in the third round. -
The first Review Conference of the International Criminal Court: Towards a definition of the crime of aggression
From 31 May to 11 June 2010, the first Review Conference of the International Criminal Court will take place in Kampala. The most prominent issue for deliberation will be the definition of the crime of aggression. This Topical Term sets out the current state of negotiations concerning the definition of elements of the crime of aggression and the question of the role to be played by the United Nations. -
Forty years of the German Association for Parliamentary Issues
On 21 January 1970, the German Association for Parliamentary Issues (DVParl) was founded. In the forty years since the association's establishment, it has been successful in analysing with a critical eye parliamentary events and contributing to a deeper understanding of parliamentarianism. The Association has been able to link theory and practice and use its debates to work towards adequate reforms of our parliamentary system. -
Amendments to the Federal Nature Conservation Act and the Federal Water Act
The Federal Nature Conservation Act (BNatSchG) and the Federal Water Act (WHG) have been comprehensively revised, with the new versions entering into force on 1 March 2010. Following the 2006 reform of the federal system, these areas now fall into the category of "concurrent legislation", meaning that the Länder may enact laws at variance with federal legislation. This does not apply, however, for general principles governing nature protection, the law on protection of plant and animal species or the law on protection of marine life, or with regard to regulations concerning materials or facilities in the area of management of water resources. It is always the law enacted most recently which applies, regardless of whether the law in question is a federal law or one enacted at Land level. Until such point as the Länder have enacted their own laws on nature protection and management of water resources, the old Länder laws must be applied, insofar as the federal laws do not contain any provisions in the individual areas concerned. The scope of the norms where no derogation is allowed in currently unclear. -
European Union public health policy
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European External Action Service
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Elections to the House of Commons in the United Kingdom
The make-up of the British House of Commons reflects a two-party system; MPs in the constituencies, of which there are currently 650, are elected to the House of Commons on the basis of a first-past-the-post system. In other words, the number of seats a party gains in Parliament depends solely on the number of constituencies which it wins directly. The Prime Minister is appointed by the Queen, rather than being elected by the House of Commons. A situation in which none of the parties gains a majority is known as a "Hung Parliament". In the absence of clear majorities in the House of Commons, the incumbent Prime Minister remains in office until such time as he or she resigns, loses a vote of no confidence, or is forced out by a vote of no-confidence. -
Bilateral financial assistance for Greece
Against the background of the support mechanism for Greece agreed by the Member States of the eurozone and the International Monetary Fund, a debate is underway amongst legal and political experts concerning the scope of the "No-Bail-Out-Clause" contained in Article 125 (1) of the Treaty on the Functioning of the European Union. This Factsheet provides an overview of the different opinions within the debate. It concludes with a description of the opportunities for legal redress if Member States fail to meet their obligations as laid down in the Treaties. -
European citizens' initiative
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Electromobility
On 19 August 2009, the Federal Government launched its national development plan for electromobility, with the aim of seeing at least a million new electric vehicles on the roads by 2020. Five million euros were made available for relevant research programmes as part of the second economic recovery package. This Topical Term sets out the current state of technological development. -
Assessment of pharmaceutical products in the UK
The National Institute for Clinical Excellence (NICE) assesses established and new medical technologies and procedures and makes recommendations for health practitioners in England, Northern Ireland and Wales. The work of this institute, which is regarded as a world leader, focuses mainly on analysing the cost-benefit ratio of pharmaceuticals. A similar organisation to assess the benefits of medical products exists in Scotland. -
The "electronic proof of earnings" (ELENA) system
In Germany, the collection of information on people's earned income is necessary for the calculation of benefits within the social security system and is required by law. In the past, the information has been collected in paper form. In 2002, the commission on modern services in the labour market proposed the introduction of a system designed to allow the central storage of data on employees and the use of this data by the responsible authorities. The system was entitled Elektronischer Entgeltnachweis (ELENA) ? "Electronic proof of earnings". Since 1 January 2010, employers have forwarded employee data; from 2012 onwards, the idea is that employees will be able to apply for all social-security benefits using the signature card. Advocates of the ELENA system expect it to simplify and speed up the transfer and storage of data, as well as cutting red tape and reducing the burden of costs for businesses. Critics of the project would like data to be stored in the traditional way and have raised concerns regarding data protection. They have now taken the matter to the Federal Constitutional Court. -
Evidence-based medicine
Evidence-based medicine (EBM) is the conscientious, explicit and judicious use of the best available scientific evidence and studies in decisions relating to the medical care of individual patients. The German Network for Evidence Based Medicine (DNEbM) and the Cochrane Collaboration support the further development and spread of the concepts, principles and methods of EBM in clinical practice, teaching and research. -
Logib-D ? Pay equality in businesses in Germany
The German abbreviation "Logib-D" stands for "Lohngleichheit im Betrieb - Deutschland" (pay equality in businesses - Germany), and is the name of software allowing businesses to analyse their pay structures with regard to gender-specific differences. As women in German currently earn 23% less than men on average, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has made available the Logib-D programme online as a free, anonymous self-test. This service is intended to help companies to identify and eliminate pay inequality in their businesses. In this way, wage differences between men and women which are due solely to gender are to be reduced. -
Military bishops in Germany - History and organisation
Even before the first units of the Bundeswehr were established in 1955, the Protestant and Catholic churches had both more or less reached agreement with the Federal Government on the establishment of military chaplaincy services, to be headed by one Catholic and one Protestant military bishop. In this system, the church bodies are autonomous from the state bodies in terms of staffing and organisation. In line with the military-chaplaincy contract entered into by the Federal Government and the Council of the EKD (Evangelical Church in Germany), the Protestant bishop concerned is appointed by the EKD Council in agreement with the Conference of Churches. Prior to this appointment, the EKD Council must ensure that the Federal Government has no objections to the proposed person. The appointment of the Catholic military bishop is based on the 1933 Concordat and the provisions enacted on this basis. In line with this Concordat, a diocesan bishop who is resident in Germany is appointed by the Pope, in agreement with the state. As well as leading the military chaplaincy on behalf of the churches, these military bishops are intended to advise state bodies on chaplaincy issues. The Protestant military bishop, in line with the above contract, can be recalled at any time for important church-related reasons. The EKD Council should give the Federal Government prior notice of a decision to recall its military bishop; the Federal Government has no right to influence this decision, however. The Catholic military bishop can only be recalled on the basis of the Corpus Juris Canonici. In this case too, there is no state involvement. The only way in which the state might, hypothetically, have a say on recalling a bishop is on the basis of the "legal obligation for peaceful agreement with regard to the force of contractual agreements". -
Sport Policy of the European Union
The EU's involvement in sport policy has revolved around its economic aspects but with the entry into force of the Lisbon Treaty on 1 December 2009, Europe now has a legal base to provide a supporting role to member states in the social, educational and cultural aspects of sport. The EU is now starting major preparations for the successful implementation of Europe's new competence on sport and the development of a first EU programme to be launched in 2012. -
The European Commission?s Work Programme for 2010
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Extending the operating lives of nuclear power plants
The parliamentary groups supporting the government agreed in the coalition agreement to produce an integrated energy policy concept. Research institutes were commissioned to outline various energy scenarios. They carried out calculations involving an extension of the operating lives of nuclear power plants by 4, 12, 20 and 28 years. A decision on the energy concept as a whole is to be taken in the autumn of 2010. A potential extension of the operating lives of nuclear power plants raises the question of a change in the current consensus on nuclear energy policy. -
Initiative for Excellence
The Initiative for Excellence is a programme to promote world-class research at German universities, agreed by the Federation and the Länder (federal states) in 2005. The aim of the programme is to strengthen for the long term Germany?s position as a location for research and make it more competitive. In addition to supporting world-class research, the Initiative for Excellence is intended to ensure higher quality more broadly. For the first phase, from 2006 to 2011, 1.9 billion euros are being made available. Seventy-five per cent of the costs are being borne by the Federation, and twenty-five per cent by the Länder. The universities can apply for funding in three categories: - to develop graduate schools offering PhD programmes for young academics, - to establish "excellence clusters" which comprise competitive research and training institutions with an international reputation, and - to develop future strategies to expand world-class research at universities. While funding for future strategies is reserved for a small number of universities, both of the other categories allow broad-based participation. -
Cost-control mechanisms for the pharmaceuticals market
This issue of the Topical Term sets out the most important cost-control mechanisms for the market in pharmaceutical products. These include the "negative list" of drugs classified as ineffective or not representing value for money, regulations on the maximum reimbursement rates for drugs, maximum rates for innovative new drugs, regulations on discounts, and rules for doctors regarding prescriptions. -
The German Film Award and the German Film Academy
The German Film Award (known as "Lola") is the most prestigious and most highly endowed German movie award. The Federal Commissioner for Culture and the Media allocates three million euros each year. Since 2005 the winners have been selected by the German Film Academy ("Deutsche Filmakademie"), a forum comprising approximately 1100 German film professionals which was founded in 2003. -
Leave to care for family members
Kristina Schröder, Federal Minister for Family Affairs, announced in early March 2010 that she planned to submit a bill reforming the regulations on leave to care for family members. The new model is intended to allow employees to care for relatives in need of long-term care at home, while at the same time ensuring they retain their financial security and their jobs. An entitlement for employees to take two years? leave to care for close relatives is to be enshrined in law. During these two years, employees would reduce their working hours by 50% and receive 75% of their pay. After the end of the leave, they would return to working full-time and would continue to receive only 75% of their pay until the number of hours worked and amount of pay received were back in balance. The new model has been the target of significant criticism. -
Mobile Internet
The use of smartphones and other mobile devices with access to the internet has recently been growing strongly, especially among private users. This development is due to innovations in access devices and access technology, being able to cope with the vast increase of data volume being transferred as photographs, videos, or geographical data through the internet. -
Body scanner
Since the foiled terror attack in Detroit, politicians and society discuss whether the usage of body scanners contributes to the improvement of aviation safety. Body scanners measure reflected or emitted electromagnetic radiation and can detect objects hidden under clothing and display them on a screen. However, they show the body contours pin sharp. That was the reason for political opposition, when the European Commission made plans to allow the deployment in September 2008. The European Parliament and all parties of the Bundestag were concerned that the usage could be an excessive intrusion into the privacy and freedom of religion and could threaten the dignity of man, which was absolutely enshrined in Article 1 of the Basic Law. A testing phase has begun with the purpose to modify scanners so that they both maintain the passengers privacy and dignity, but also identify dangers efficiently. Experts advise to use passive terahertz radiation, which is considered to be medically not dangerous. After the completion of various research projects, the first test versions are expected to be deployed in German airports in mid-2010. -
Renewables levy 2010
The renewables levy (EEG-Umlage) is the portion of the electricity price that must be paid by the end user towards the subsidisation of renewable energies. It results from the equalisation scheme which is described in the Renewable Energy Sources Act (EEG). The Equalisation Scheme Ordinance (AusglMechV) of 17 July 2009 has changed the way the costs for subsidising electricity generated from renewable energy sources are levied and passed on, with effect from 2010. The renewables levy set at 2.047 cents/kWh will now be paid by the energy supply companies to the transmission system operators and charged to the end users. The Equalisation Scheme Ordinance requires that the transmission system operators set the renewables levy on 15 October each year for the following year. -
Representative electoral statistics - Bundestag elections 2009
The Electoral Statistics Act (WStatG) requires that the results of elections to the German Bundestag be assessed by means of both general and representative electoral statistics. The representative voting statistics provide a breakdown by age and sex of both voter turnout and votes cast. For this purpose the ballot papers in representative sample polling districts are given distinguishing marks to show sex and five different age groups in a way that preserves voter secrecy, and are counted according to the votes cast for individual parties. In addition, the voter turnout is analysed according to sex and ten age groups through the counting of the voters and non-voters recorded on the electoral registers. -
Expansion of publicly subsidised employment Arguments, positions and experience
Publicly subsidised employment is intended for people who are not expected to become integrated into the regular labour market in the foreseeable future. Since this section of the population is continually growing, there are increasing calls for the expansion of publicly subsidised employment. Good reasons for this approach are put from both labour-market and social policy perspectives, while opponents point out the dangers for the labour market and competition. The study provides an overview of academic opinion and political positions as well as the arguments of those administering the schemes in practice, and describes examples in both Germany and abroad. -
18 March 1848 - Outbreak of the civil revolution in Berlin
The use of force by Prussian troops against peacefully demonstrating citizens on 18 March 1848 in Berlin led to the erection of barricades and violent street battles. The King of Prussia finally yielded to the revolutionaries? demands for national unity and the convening of a National Assembly. Although the revolution failed just a few months later due to internal differences and the resurgence of the reactionary forces, the revolutionaries of 1848/49 laid the foundations for the development of the rule of law, democracy and a unified nation-state in Germany. -
The Members of the tenth People?s Chamber of the GDR
On 18 March 1990, free elections were held for the first time for the now 400 seats in the People?s Chamber of the German Democratic Republic (GDR). A total of 409 people were Members of the first freely elected People?s Chamber of the GDR: the 400 who were returned in the elections of 18 March 1990 plus another nine Members who entered the People?s Chamber as first reserves on the party list when one of their party?s seats fell vacant. Because it was freely elected for the first time, but also because of its social composition, the tenth People?s Chamber can be regarded as a parliament of renewal which played a vital steering role in the eventful period of the new political beginning. -
The freely elected People?s Chamber - parliamentary achievements
The first free elections to the People?s Chamber (Volkskammer) of the German Democratic Republic on 18 March 1990 completely transformed the character of that Parliament. Under the dictatorship of the Socialist Unity Party (SED), the People?s Chamber had been a sham parliament which, with one single exception, had always rubber-stamped the decisions of the state and party leaders until the peaceful revolution in the autumn of 1989. Now it transformed itself into a democratic parliament, whose members tackled a massive workload to carve out the path to the unification of Germany. -
The 20th anniversary of the People?s Chamber elections of 18 March 1990
elections in the history of the German Democratic Republic (GDR). The holding of free elections was a key achievement of the opposition movement in the peaceful revolution. The clear winners of the election, with around 48% of the vote, were the parties that had formed the Alliance for Germany. On 12 April 1990, Lothar de Maizière, the CDU?s candidate for the top post, was elected premier (Ministerpräsident) of the GDR by the People?s Chamber. He headed a coalition government formed by the parties of the Alliance for Germany, the League of Free Democrats and the SPD. -
Cloud Computing
Cloud computing is a general term for anything that involves delivering hosted services over the Internet. These services are broadly divided into three categories: Infrastructure-as-a-Service (IaaS), Platform-as-a-Service (PaaS) and Software-as-a-Service (SaaS). Research institutions, cloud providers and government organizations are investing in research around the topic of cloud computing. Cloud computing is identified as one of the emerging applications, which is likely to have a very big impact on businesses and governments. -
Network neutrality
Network neutrality (also net neutrality, Internet neutrality) is a principle proposed for Internet access that advocates no restrictions on content, sites, or platforms. This principle follows the assumption that the net works best when Internet Service Provider (ISP) deliver every Internet site's traffic without discrimination. The danger is that the Internet might be split into a fast lane and a slow lane. Proponents of the principle of neutrality call for new legislation or regulation to protect network neutrality. -
TMF - a common platform for medical research networks
The Telematikplattform für medizinische Forschungsnetze (TMF) brings together inter-regional networks in the field of medical research. The aim is to enhance the organisation and infrastructure of medical research in interlinked structures. The TMF enables interdisciplinary and cross-institutional cooperation between the research networks via various projects which encompass research, IT infrastructure, data protection, quality management, biobanking and questions relating to network management and public relations. The TMF is a registered association funded primarily via membership dues. -
The Institute for Quality and Efficiency in Health Care (IQWiG)
This issue of the Topical Term sets out the legal foundations, structure and work procedures of the independent scientific Institute for Quality and Efficiency in Health Care (IQWiG). The Institute investigates the benefits and harm of medical interventions for patients, provides information about the advantages and disadvantages of different therapeutic and diagnostic services, and produces a cost-benefit analysis of drugs. The IQWiG does not carry out trials itself; instead it searches international literature for trials and reviews them. The Institute transmits its assessments to the Federal Joint Committee as recommendations. -
The Societies for Christian-Jewish Cooperation and the Week of Brotherhood
In 2010, the "Week of Brotherhood" organised by the societies for Christian-Jewish Cooperation which form the German Coordinating Council is being held from 7 to 14 March with the theme of "lost yardsticks". Architect Daniel Libeskind is this year?s recipient of the Buber-Rosenzweig Medal, which has been awarded during the Week of Brotherhood by the German Coordinating Council since 1968. -
Global public goods
Global public goods are goods which benefit everyone and are non-excludable (in other words, no one can or should be excluded from them). The benefits they offer are global in scope. Since the world is becoming more interdependent, public goods can in many cases no longer be provided solely at national level today; instead, it is necessary for many stakeholders to work together worldwide. Existing strategies for the provision of public goods must therefore be re-evaluated and discussed at international level. A framework of reference is provided for this discussion by the concept of GPGs, a normative concept with implications for political action and a transnational perspective. -
The threat to biodiversity from invasive alien species
The "International Year of Biodiversity" is intended to raise political and public awareness of the threat to biodiversity and its significance for human welfare and economic development. Invasive alien species are considered one of the biggest threats to biodiversity. Once they have been introduced, it is almost impossible to limit the spread of these species or eliminate them. Taking ballast water as an example, this issue of the Topical Term shows how difficult it is to prevent and control the introduction of invasive species - particularly in the context of global transport and trade. -
Anonymous relinquishment of infants - Opinion issued by the German Ethics Council
In its first Opinion, dated 26 November 2009, the German Ethics Council examined the problem of the anonymous relinquishment of infants. It recommends that "baby hatches" and other previously tolerated facilities for anonymous birth should be abolished, in particular because, the Council argues, they violate the children?s fundamental right to a knowledge of their origins and to a relationship with their birth parents. The public information available about the existing legally permitted facilities for helping pregnant women and mothers in emergencies or a conflict situation should be strengthened and expanded, and it should be ensured that these facilities are "low threshold", with easy access for all. In addition, the German Ethics Council suggests the introduction of legislation to allow "the confidential relinquishment of infants with temporarily anonymous registration". -
"The evidence is admissible" Rulings on the admissibility of evidence in the case of "data theft" in the "Liechtenstein case"
A public debate is currently taking place in Germany regarding whether it is permissible for data obtained illegally by individuals to be purchased by the German authorities and subsequently be used as evidence in criminal proceedings. Against this background, this information bulletin documents two relevant criminal court rulings which, following the purchase by the Federal Intelligence Service of data from a Liechtenstein bank in 2007, concluded that the evidence was admissible. -
Voluntary service in Germany
Voluntary service is aimed at young people aged between 16 and 30. Their voluntary work takes place primarily with organisations serving society or the public good, and generally represents a full-time commitment. The service lasts between six and twelve months. Voluntary service can be carried out within Germany or abroad. Various forms of voluntary service are available. Depending on the organisation concerned, there are a range of projects where the young people can carry out their service. Some forms of voluntary service can also replace civilian service. -
The Community of the Cross of Nails
Following the end of the Second World War, the cross of nails of the ruined Coventry Cathedral became a symbol of the ideal of reconciliation. In the night of 14 to 15 November 1940, 449 German bombers reduced the city in central England almost entirely to rubble. Today, crosses of nails from the medieval wooden beams of the ruined cathedral are presented by the Parish of St. Michael in Coventry to parishes, institutions and associations which identify with what happened in Coventry and to the ideal of reconciliation. Fifty "Cross of Nails Centres" in Germany belong to the global Community of the Cross of Nails. Crosses of Nails can today be found on the altars of St. Michael?s and of the Frauenkirche in Dresden. -
German periods of notice for young employees incompatible with EU law
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Anti-Doping strategies in comparative perspective
The essay attempts to examine and describe the anti-doping work in comparative perspective. The commercialisation of sports and the increasing physical demands on athletes contribute to a doping-prone environment. Rules prohibiting or restraining the use of doping were originally drawn up by sport federations, but are now increasingly found in national legislation and even in international or European treaty law. The way the matter is approached varies from country to country. However, a well-developed anti-doping policy consists of more than just controls and verdicts. Thus prevention should become an important issue of anti-doping policy. -
The Glass-Steagall Act and regulation of the banks
The ideas currently under consideration by US President Barack Obama concerning the separation of the activities of investment and commercial banks recall the Glass-Steagall Act of 1933. That law formed part of a package of economic and social reforms known as the New Deal to combat the effects of the global economic crisis at that time. This was preceded by public hearings held by the Pecora Commission, named after the New York prosecutor Ferdinand Pecora, which had been established by the then Administration to investigate the failings of the US financial system that had led to the financial crisis. -
Haiti?s history since the 1990s
Today, the Republic of Haiti is by far the poorest country in the Western Hemisphere. Overall, the country is heavily dependent on financial and technical assistance from the international community. Along with the difficult economic and social challenges that have been the cause of, among other things, constant emigration in the last few decades, Haiti is characterised by great political instability. There has been only limited experience of a functioning democracy for any significant period of time, or of the country developing peacefully or of a political class committed to the common good. Haiti?s state structures remain extremely fragile. Since the early 1990s the UN has been trying to stabilise the difficult domestic political situation in Haiti through various missions on the ground. -
Freya von Moltke and the "New Kreisau"
Freya von Moltke, the widow of Count Helmut James von Moltke, passed away on 1 January 2010. She was one of the last living people to have been involved personally in the Kreisau Circle - named for the Moltke estate in what is now Krzy?owa, Poland - and its resistance against National Socialism. To keep the ideals of the Kreisau Circle alive, Freya von Moltke supported the "New Kreisau" initiatives, and was, for example, willing to lend her name to the ?Freya von Moltke Foundation for the New Kreisau?. The "New Kreisau" is also supported by the Kreisau Initiative Berlin, the Krzy?owa Foundation for European Understanding - which cooperates closely with the German-Polish Youth Office - and the Kreisau Initiative Würzburg. -
27 January - Day of Remembrance for the Victims of National Socialism
Since 1996, the 27th of January has been commemorated in the Federal Republic of Germany as the Day of Remembrance for the Victims of National Socialism. This national day of remembrance, introduced by Federal President Roman Herzog via a proclamation at the start of 1996, is dedicated to remembrance of the millions of people who were deprived of their rights, persecuted and murdered under the National Socialist totalitarian regime. The date itself commemorates the liberation of the survivors of the Auschwitz-Birkenau extermination camp by soldiers of the Red Army on 27 January 1945. -
The spain Presidency of the European Union
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International Conventions for Preventing and Combating Human Trafficking
Human trafficking can be considered a modern form of slavery. It is a widespread phenomenon that is closely linked to organized crime but also to economic migration and exploitation as well as to discrimination based on gender or other grounds. After setting out the international legal framework for preventing and combating human trafficking this issue of the Topical Term provides a brief overview and comparison of the two major conventions in this field: The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime ("Palermo-Protocol") and the Council of Europe Convention on Action against Trafficking in Human Beings. -
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. -
EU Strategy for the Baltic Sea region