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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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Rare earths
In recent years, the economic importance of rare earth metals has
greatly increased. This is due to their wide range of uses in
energy-saving devices, information and communication technology,
and other key technologies. As a result, there has been strong
growth in global demand for these metals, currently being met
almost entirely by China. However, China has drastically reduced
its exports of rare earth metals and introduced export quotas for
materials containing rare earths. To meet rising demand and offset
the impact of export restrictions, a search for new deposits is
currently taking place around the world. Efforts are also underway
to ensure that optimised recycling methods provide an additional
supply of rare earths.
Science Partner China
Germany has intensive trade relations with the People's Republic of
China. Among the 27 European member states, Germany is China's
biggest trading partner with respect to the export of merchandises
to China (36.5 bn EUR 2009) and the import from China (55.4 bn EUR
2009). The political leadership of China names Science and
Technology as one of the most important factors for their economic
growth. In the context of the German-Chinese Year of Science
2009-2010 the Federal Ministry of Education and Research (BMBF) and
the Chinese Ministry of Science and Technology (MoST) initiated a
number of events and projects that helped deepening German-Chinese
cooperation in education and science. Strong relationships in
research have been established over the last years ranging from
ministries, universities, research funding organizations,
foundations on the national level as well with the EU.
The debate about microfinancing in developing
countries
In microfinancing, poor sections of the population are offered
basic financial services, generally in the form of microcredits.
This issue of the Topical Term presents the discussion on the
positive effects of such loans as well as the criticism of them. To
combat poverty, there is a need not only for microfinancing but
also for an improvement in the functioning of the financial
markets, as well as enhanced economic development.
The protection of secrets under criminal
law
Confidential government documents are regularly published on the
Wikileaks internet platform. Against this background, this issue of
the Topical Term outlines the provisions of German criminal law
covering the betrayal of state secrets.
20th anniversary of the first all-German Bundestag
elections on 2 December 1990
The elections to the 12th German Bundestag on 2 December 1990
completed at parliamentary level the country?s national unity
achieved on 3 October 1990. More than 60 million citizens were
entitled to vote for the 656 seats. The 5% clause was applied
differently in the Western part of the country (old Federal
Republic and West Berlin) and in the East (former territory of the
GDR and East Berlin). The prime historical significance of these
elections lay in the fact that it was the first general, direct,
free, equal and secret ballot since 6 November 1932, the last
election to the Reichstag before Adolf Hitler became Chancellor on
30 January 1933.
Policy on men and boys
The current Federal Government wants to promote boys and men in a
targeted manner for the first time. Various projects have been
designed to meet the special needs of boys, who are increasingly
regarded as problem children: they have to repeat school years more
often than girls; fewer boys than girls obtain the
university-entrance qualification; they do not do so well in
vocational training and are more likely not to receive any
vocational training at all. Researchers into the male gender call
the lack of orientation currently felt by many men with regard to
their masculinity a "lads' crisis". The "Federal Men's Forum ?
Interest Group for Boys, Men and Fathers" set up in November 2010
regards itself as a lobbyist for men and is committed to achieving
?genuine equality? of the sexes, which it says must not be created
merely through the promotion of women.
Pepper spray - effects and health risks
Pepper sprays are extremely irritant sprays designed for use in
threatening situations. They have been freely available for many
years and are used by German police forces. The use of pepper spray
by police against demonstrators during protests over the conversion
of Stuttgart's central railway station (the "Stuttgart 21" project)
brought this means of self-defence into the public spotlight again.
This issue of the Topical Term deals with the effects of pepper
spray with reference to its active agent (oleoresin capsicum or
capsaicin) and describes the symptoms, treatment methods and
dangers to health associated with its use.
German in the Basic Law
The question of whether a provision should be added to Germany's
constitution, the Basic Law, establishing German as the language of
the Federal Republic of Germany, has long been a subject of public
debate. This question gained in topical relevance when a petition
containing thousands of signatures was handed over to the President
of the German Bundestag, Norbert Lammert, on 9 November 2010. This
issue of the Topical Term deals with the legal admissibility of the
proposal and the position of the language in German law.
Green IT
Green IT refers to new concepts in computing aiming at shaping this
growing industry in a more environmentally sustainable way. Today
all parts of an IT-product?s life cycle contain environmental risks
or hazards: from its production using rare or poisonous resources
to functioning with high amounts of electricity to the ever-growing
lot of electronic waste. IT-innovations can have environmentally
positive effects in a direct and indirect way: "Green in
IT"-methods help to directly increase energy efficiency of IT
products and modernize their production and disposal. Even greater
are the potential ecological advantages which "Green through
IT"-methods can have by designing algorithms and systems for
efficiency-related computer technologies for instance in buildings,
traffic regulation or industry. However, in order to realize the
great potential of this new approach, the concept needs to be
elaborated more deeply, and the focus of many "Green
IT-initiatives" in politics as well as industry should broaden so
as to regard not only issues of energy efficiency but also
including resource and material efficiency.
Pre-implantation genetic diagnosis
Pre-implantation genetic diagnosis (PGD) is a method of screening
embryos for the presence of known genetic risks inherited from the
parents, which has been possible since the 1980s. It is carried out
as part of in-vitro fertilisation (IVF) following the actual
fertilisation and before pregnancy. The legal situation in Germany
was originally unclear until a judgment of the Federal Court of
Justice of 6 July 2010 allowed the examination of embryos
fertilised in vitro for genetic defects and hereditary diseases
before implantation in the womb.
The "interest barrier" under scrutiny
Since it was introduced, there has been much disagreement about the
"interest barrier" (Zinsschranke), a tax law provision which puts a
limit on how much of a business' interest expenses may be deducted
for tax. The Federal Government has now started to evaluate the
effects of the rule. In reaction to the financial and economic
crisis, the legislator had already recently begun to make various
improvements to the rule in order to mitigate its impact on
companies affected by the crisis. This is because the design of the
interest barrier can make it difficult to deduct interest precisely
during such periods.
Anonymous employment application
procedure
The pilot scheme for anonymised job application procedures launched
by the Federal Anti-Discrimination Agency on 25 November 2010 is
without precedent in Germany. For a year-long period, seven large
companies and authorities will seek new employees with the help of
anonymous applications. The model project will be monitored by
researchers, who will be trying to find out, for example, if more
individuals from certain sections of the population will be called
for interview more frequently as a result of the anonymous
application procedure. Numerous field studies have shown that
discrimination occurs in the employment market based on, among
other things, ethnic origin.
Automatic termination of employment contracts upon
reaching retirement age in accordance with European Union
law
Forced marriage
At its meeting on 27 October 2010, the Federal Cabinet decided to
introduce a bill to combat forced marriage. The Bundesrat (the
Federal Council) already submitted a bill on the same subject in
the spring of 2010. At the heart of both legislative proposals are
changes to the Criminal Code. This issue of the Topical Term sets
out the proposed new criminal law provisions in the context of the
currently applicable law.
Key points of the job centre reform
In its judgment of 20 December 2007, the Federal Constitutional
Court decided that, as joint facilities of the Federal Employment
Agency and municipal providers, the joint agencies
(Arbeitsgemeinschaften - ARGEn) specified in the Second Book of the
German Social Code infringe upon the right of municipalities to be
responsible for performing their own tasks, and violate the
allocation of competences set out in Germany's constitution, the
Basic Law. The legislator is staying with the proven concept of the
Arbeitsgemeinschaften and accredited municipalities
("Optionskommunen"), and has passed two laws which now allow joint
responsibility for carrying out such tasks: the Act to Amend the
Basic Law (Gesetz zur Änderung des Grundgesetzes) which
created the necessary constitutional basis; and the Act to Enhance
the Organisation of Basic Security Benefits for Job-Seekers (Gesetz
zur Weiterentwicklung der Organisation der Grundsicherung für
Arbeitsuchende) which made a number of regulatory changes to the
organisation of basic security benefits.
Single EU driving licence
The new EU driving licence will be introduced in all European Union
Member States as of 2013 as a consequence of the third EC driving
licence directive, which entered into force in 2008, setting out
various changes in the layout and period of validity, introducing
new vehicle categories and modifying security features. The
introduction of the new EU driving licence is intended to reduce
the large number of different types of driving licences across the
EU - currently 110. In future, the approximately 200 million
holders of driving licences in the EU will be able to produce a
standard driving licence model which will be recognised in all 27
Member States. It will be compulsory to issue the new EU driving
licence in Germany as of 19 January 2013. Old driving licences can
be exchanged voluntarily. They will continue to be valid until 19
January 2033.
The confinement of mentally ill persons under existing
law
In the context of the reform of the law on preventive detention
(Bundestag printed paper 17/3403) planned by the Federal
Government, an Act on the Treatment and Confinement of Mentally
Disturbed Violent Offenders (Gesetz zur Therapierung und
Unterbringung psychisch gestörter Gewalttäter - ThUG) is
to be passed. Mental disorders or illnesses can constitute grounds
for compulsory detention even under existing law. Distinctions are
made in this type of detention with respect to criminal, civil, and
public law. This issue of the Topical Term sets out the different
variants.
Plastic waste in the oceans
Plastic waste in the oceans is a growing problem worldwide. It
enters the oceans via a wide range of means, such as shipping,
tourism and leisure activities, as well as being transported from
non-coastal regions by rivers and the wind. Only global
improvements in individual countries? waste management, in
particular through material and energy recovery, can lead to a
reduction in the pollution of the oceans.
The European Commission's Work Programme for
2011
Health networks in Germany
An important strategy in health promotion is the "settings for
health" approach, which seeks to focus measures on specific
settings in people's lives, such as local communities, schools,
workplaces, etc. This approach is now being taken in Germany for
various target groups with the assistance of many health
networks.
The situation of Roma in the European
Union
Thomas More -The patron saint of statesmen and
politicians
Ten years ago, on 31 October 2000, Pope John Paul II declared the
English statesman and humanist scholar Thomas More the "heavenly
patron of statesmen and politicians". Thomas More had refused to
act against his convictions by recognising King Henry VIII as head
of the Church of England, and was therefore executed on 6 July
1535. His composure in the face of what was widely regarded as a
martyr's death, his steadfast insistence on the primacy of
decisions of conscience, and the elegance of language and depth of
thought in his writings brought Thomas More lasting fame long after
his execution. Four hundred years after his death, in 1935, he was
canonised.
Women in management positions in the business
sector
Although women are now as well-educated as men, they are still
under-represented in management positions - particularly at the
highest level. In Europe, 89 per cent of the members of supervisory
boards of the major listed companies are men. To date, only Norway
has ? by introducing legislation - succeeded in ensuring that women
make up 40 per cent of the members of its supervisory boards,
including for smaller companies.
ITER - The international experimental nuclear fusion
reactor
ITER is a planned experimental nuclear fusion reactor. It is a
unique international research project run by the EU (EURATOM) in
partnership with China, India, Japan, Russia, South Korea and the
United States. Since 2010, the European Commission has estimated
that the European share of the costs of the ITER project will rise
by 4.5 billion euros. This has led to a political debate about the
continued funding of the initiative.
Comparison of state electoral laws
This Factsheet (WD 3 - 428/10) contains a tabular overview of the
various Federal and Land electoral systems and provides a detailed
survey of the differences and special features of the individual
electoral laws.
School and the Federal Armed Forces
This information bulletin deals with information events of the
Federal Armed Forces (Bundeswehr) in schools, and describes the
relationship between parents? rights and the state's educational
tasks. Under the latter, the provision of information about the
Bundeswehr within the mandatory school curriculum is in principle
allowed under constitutional law. However, in exceptional
circumstances, pupils may be excused from such lessons for good
cause. The following rule of thumb can be applied to such teaching
events: the more controversial the content of such an event is with
the public, the more the school must ensure that a proper balance
is achieved. The intentional influencing of school students in a
particular direction is forbidden under constitutional law.
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.
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.
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.
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.
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.
Advisory bodies of the Federal Government and of the
Bundestag
This Factsheet provides profiles of 94 advisory bodies including
descriptions of their tasks and of their legal bases. Also included
are the advisory bodies of the German Bundestag, such as the
Re-search Services, the Office of Technology Assessment and the
Study Commission on the Internet and Digital Society.
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.
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.
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.
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.
Federal Commissioners and Federal Government
Commissioners
This Factsheet contains a list of all the positions of Federal
Government Commissioner and Federal Commissioner currently in
existence, and includes a description of their tasks, their legal
basis and the current holders of each position.
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.
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.
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.
The current state of implementation of the Bologna
Process
The Bologna Process was launched in 1999 to create an
internationally competitive and attractive European Higher
Education Area. Among other things, the participating countries,
which now number 47, committed themselves to the introduction of a
two-cycle system of study consisting of bachelor?s and master?s
degrees with qualifications and course credits that are comparable
and must be recognised throughout Europe. They also committed
themselves to improve quality assurance, incorporate the social
dimension and increase geographic mobility. This information
bulletin covers both the international evaluation of the Process as
well the implementation of the reform within Germany. It reports on
a comparison between the German Länder (federal states), the
experiences of German students, as well as the positions of the
various political actors involved on the need for further reform,
and also cites examples of good practice.
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 External Action Service
European Union public health policy
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
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.
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.
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
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.
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.
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 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 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 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.
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 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.
"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.
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.
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.
German periods of notice for young employees
incompatible with EU law
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
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