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European Court of Justice Judgement on the Tobacco
Advertising Directive
Commission's Communication on the Enlargement
Strategy
The comitology procedure
Election turnout trends in the Federal Republic of
Germany since 1990
In past decades, the turnout in national elections in the Federal
Republic of Germany was high in comparison with many other Western
industrialised countries. Since reunification in 1990, turnout has
in general fallen at all electoral levels in Germany. This is true
for elections at both federal and Land level. However, turnout
varies, in some cases sharply, between the different electoral
levels in Germany. Election researchers offer various possible
explanations for the decline in turnout in Germany.
"The six-party talks on the North Korean nuclear weapons
programme"
The North Korean nuclear programme, which has been the source of
international controversy since the early nineties, led to the
establishment of the six-party talks. Since March 2003, a total of
five rounds of talks have taken place in the framework of this
body, which is made up of representatives from the USA, North
Korea, China, South Korea, Japan and Russia. Following the issuance
of a joint declaration in September 2005, negotiations stalled. The
diverse goals and strategies of North Korea's negotiating partners
were contributing fac-tors. Following a one-year boycott by North
Korea and the escalation of the conflict as a re-sult of North
Korean testing of missiles and nuclear weapons, the six-party talks
are now due to resume in the near future.
Green Paper on the Modernisation of Labour
Law
The EU-Russianpolitic
Important legal amendments relating to social assistance
(Book XII of the Social Code)
On 19 October 2006, the German Bundestag adopted an Act to Amend
Book Twelve of the Social Code and Other Laws, to which the
Bundesrat gave its consent on 3 November 2006. At the centre of
this law, most sections of which are due to enter into force
immediately following its promulgation, is a change in the way the
standard rate of the social assistance benefit is calculated, in
view of the 2003 Income and Expenditure Survey (EVS). The law
introduces a single standard rate for both East and West, and
simplifies procedures for the Länder (federal states) in
setting the standard rate. The change in the way the standard rate
is calculated and the amendments to various sections of Book XII of
the Social Code will result in an increase in expenditure for local
authorities of up to 50 million euros annually. The legal
amendments place no financial burden on the Federation. The Topical
Term examines only the most important amendments to Book XII of the
Social Code.
The EU Regulation on Animal Transport
On 5 January 2007, Regulation (EC) No. 1/2005 on the protection of
animals during transport and related operations (Official Journal L
3/1 of 5 January 2005) will enter into force. It includes
comprehensive rules on the protection of animals during transport
and tightens up existing legislation on this issue.
Soft Power
The concept of soft power (Joseph S. Nye) describes a form of power
which does not rely on coercion, but rather on persuasion and the
credibility of states and international organisations. This concept
is in contrast with hard power, in other words the traditional
forms of political, economic or military power. Nye's plea for more
resources to be used to develop soft power, since this has proved
ultimately more effective than hard power, is countered by
proponents of foreign-policy realism with the argument that, in a
world plagued by violence, order can only be created on the basis
of hard power. A third, mediating position argues that the
effectiveness of both soft and hard power is at its greatest when
they are used in combination with each other.
The Millennium Development Goals
Following on from the Millennium Declaration made in 2000, the
United Nations set out eight international development goals, known
as the Millennium Development Goals (MDGs), to be achieved by the
international community by 2015. The MDGs have no binding force
under international law, but are politically binding goals which
provide clear blueprints for the developments needed. The United
Nations is supporting the achievement of the goals through a large
number of measures. The interim assessments carried out by the UN
and its subsidiary organisations on the realisation of the MDGs
show wide variation in development progress in the different
sectors and regions.
Freedom of establishment under community law and
professional regulations for notaries in Europa
Current developments on the draft regulation on "Small
Claims"
The Commission's legislative and work programme for
2007
The Defence Committee as a committee
The Topical Term "The Defence Committee as a committee of inquiry"
sets out the legal conditions for the Defence Committee to convene
as a committee of inquiry and its work. The main legal basis for
this is Article 45a of the Basic Law, which gives the Defence
Committee a monopoly on inquiries into defence matters. Section 34
of the Act Governing the Legal Framework for Committees of Inquiry
of the German Bundestag of 19 June 2001 sets out the specific
rights of the Defence Committee as a committee of inquiry.
The concept of a Transatlantic Free Trade
Area
Keep Europe moving - Sustainable mobility for our
continent - Mid-term review of the 2001 Transport White Paper
-
Local inner urban development plans
With the draft presented at the beginning of August 2006 of a law
to facilitate planning projects for inner urban development, the
Federal Government is pursuing the goal of introducing to the
Federal Building Code a new rapid procedure for local inner urban
development plans. Against the background of economic and
demographic change, the impacts of which are concentrated in cities
and towns, the law is intended to help to ensure a sustainable form
of urban development, in particular by reducing land take.
Development of an EU strategy on the rights of the
child
50th anniversary of the people's uprising in
Hungary
The Hungarian people's revolt in 1956, along with the workers'
uprising of 17 June 1953 in the GDR and the 1968 Prague Spring in
Czechoslovakia, represented one of the attempts by people in
East-Central Europe, cut short by Soviet intervention, to throw off
the yoke of the socialist dictatorships and free themselves from
the Soviet sphere of influence. Many people in Hungary in 1956
firmly believed that they would be able to establish a democratic
Hungary independent of the Soviet Union. In autumn 2006, the
fiftieth anniversary of this event of historical significance not
only for Europe, but for the world as a whole, will be
celebrated.
The trans-European transport network
(TEN-T)
In the late eighties, the idea of developing trans-European
networks (TENs) for the areas of transport (TEN-T), energy
(TEN-Energy) and telecommunications (eTEN) arose in the context of
the establishment of the European internal market. Trans-European
networks are intended to strengthen economic and social cohesion in
the EU, create economic growth and jobs and guarantee competition.
In 1996, guidelines were adopted for the creation of the first 14
TEN-T projects. These guidelines define the EU?s transport-policy
aims and determine the structure of the transport network as the
framework for the future development and expansion of European
transport infrastructure. TEN-T encompasses transport management
systems in addition to all forms of transport. There are currently
30 TEN-T initiatives.
The Cyprus conflict and its effects on the EU accession
negotiations with Turkey
Implementation of the EU-Directive for tissue and cell
donation
The following article reflects the implementation of the directive
2004/23/EC of the European Parliament and of the Council of 31
March 2004 on setting standards of quality and safety for the
donation, procurement, testing, processing, preservation, storage
and distribution of human tissues and cells in Germany. The
provisional law and subsequent legislation are described and their
implications are discussed.
Safeguard clauses and transitional periods in the treaty
on Bulgarian and Romanian accession to the EU
CFSP, ESDP and their instruments ? an
overview
Lebanon - the history of a multi-confessional
country
Since the beginning of the most recent military conflict between
Israel and the radical Shiite Hezbollah militias, Lebanon has once
again been at the centre of world attention. This Arab country has,
for many decades, been one of the main focal points of the Middle
East conflict. One of Lebanon's central characteristics is a system
of proportional representation and quotas in line with the size of
the different religious groups in the government, parliament and
administration. The intention is to create a political balance
between the different religious communities, in particular between
Christians and Muslims. The system has proved unsuccessful in
preventing the outbreak of two civil wars, however.
Agreement between the Bundestag and the Federal
Government on cooperation on European Union
matters
The German Research Foundation (DFG). Structure,
procedures, need for reforms
The German Research Foundation is an important element of the
scientific landscape in Germany . Its main task is the advancement
of science by allocation of project funds to researchers at
universities and other research institutions. Funding decisions are
based on procedures that contain many elements of
self-administration of the scientific community. This article
reviews the organizational structure and the procedural rules of
the DFG, and illustrates some of the ideas behind them. The second
part of the text reports on some recent criticisms of the work of
the DFG and on proposals for future changes of its structures and
procedures.
The election of judges for the Federal Constitutional
Court
This "Topical term" factsheet provides information about the
election of judges to the Federal Constitutional Court in Germany.
It explains how the constitutional judges are elected by the
Bundestag and Bundesrat. There has been criticism of the fact that,
at the Bundestag, it is a committee of Members which elects the
judges, rather than the whole House.
Effects of the General Equal Treatment Act on labour-law
provisions relating to gender discrimination
On 18 August 2006, the General Equal Treatment Act entered into
force. It has replaced the previous provisions in field of labour
law relating to the equal treatment of men and women. This study
sets out the Act?s clauses relating to labour law and examines to
what extent there have been changes compared to the previous legal
situation.
Experiences after the first year of the European
Emission Trading Scheme
In 2005, the Emission Trading Scheme started within Europe to
reduce the carbon dioxide emissions and to combat the global
climate change. After completion of the first year of trading and
with proceeding of the second year, a couple of reports and
statements reflect the experiences which were made until now. In
general, the trading scheme has had a successful kick-off.
New strategic approach to increase network and
information security
Green Paper on a Future Maritime Policy for the European
Union
Act on the Further Development of Basic Security for
Jobseekers
In its sitting of 7 July 2006, the Bundesrat gave its consent to
the resolution passed by the German Bundestag on an "Act on Further
Development of Basic Security for Jobseekers". The Act focuses in
particular on around 50 measures to improve integration of
jobseekers, combat abuse of benefits and enhance administrative
efficiency. The Act is intended to save around 1.2 bn euros over
the next two years, along with around 280 million euros at local
level.
A national academy of sciences ?
Unlike many other countries, Germany does not yet have a national
academy of sciences. A heated debate has been underway for some
time about the establishment of such an academy. New developments
may mean that a decision is likely to be taken in the near
future.
Proposed roaming regulation
2006 reform of the federal system ? Basic Law amendments
? synopsis
The synopsis of amendments to the Basic Law shows the previous
version of the Basic Law with articles 22, 23, 33, 52, 72, 73, 74,
74a, 75, 84, 85, 87c, 91a, 91b, 93, 98, 104a, 105, 107, 109 and
125a in the left-hand column. In the right-hand column, the new
version of each article is shown, as well as the new articles 104b,
125b and 125c. This comparison of the old legal situation and the
new version of the Basic Law, which entered into force on 1
September 2006, is intended to provide readers with a clear and
easy-to-understand overview of the amendments resulting from the
reform of the federal system (Bundestag printed paper 16/83,
Bundestag printed paper 16/2010, Bundesrat printed paper
462/06).
Green Paper on the European Transparency
Initiative
The "second basket" of reform of copyright
law
On 29 June 2006, the German Bundestag held the first reading of the
bill presented by the Federal Government on a "second act on
copyright law in the information society" (Printed Paper 16/1828)
and referred the bill to the committee responsible, the Committee
on Legal Affairs. This "second basket" is intended to further adapt
current copyright law to the demands of the digital era and ensure
a balance of interests between the parties concerned.
Making "doping" a criminal offence
The public discussion about the necessity of stricter laws in the
fight against doping has been lent new momentum by the suspension
of several cyclists before the beginning of the 2006 Tour de France
and retrospective disqualification of the winner of the tour, Floyd
Landis, as a result of his positive doping test. The Anti-Doping
Legal Commission of the Sporting Bodies presented a report in June
2005 on possible legislative initiatives. The "Topical term" fact
sheet examines the current legal situation under German criminal
law and summarises the proposals on changes to criminal law and
criminal procedure law in the report.
The Federal Network Agency?s regulatory regime on
charges for the use of energy networks
Since July 2005, the Federal Network Agency has been responsible
for the regulation of energy networks. In the summer of 2006 it
published the first results of its review of electricity network
operators? charges and ordered the operators concerned to cut their
third-party access fees. In the medium term, retroactive scrutiny
and approval of charges is to be replaced by a system called
?incentive-based regulation?. The Federal Network Agency published
a plan to this effect in late June 2006.
The GDR past and the culture of
remembrance
The recommendations of the expert commission on the creation of a
history association to study the SED dictatorship set out
possibilities for the further development of the existing
institutions, an improvement of their profile and enhancement of
the cooperation between them. At the centre of the proposals is a
distinction between three thematic fields: rule, society,
resistance ? surveillance and persecution ? division and the
border. These are intended to interact with and supplement each
other, thus helping to ensure a differentiated and complex image of
the SED dictatorship and serving as a guide for a restructuring of
the field of remembrance and research. The recommendations and the
ensuing debate are an exemplary illustration of how history and the
culture of remembrance are dealt with publicly in Germany.
Internet telephony: VoIP
In contrast to traditional landline telephony, VoIP (Voice over
Internet Protocol) refers to telephone calls made via computer
networks. With VoIP, speech is first digitised, then compressed and
bundled into data packets. These are then transmitted via a
broadband Internet connection to the receiver, where the data
packets are reconverted into analogue signals. Internet telephony
is not yet very widespread. However, forecasts suggest that by 2010
around 30 per cent of all telephone calls globally will be made via
the Internet.
Possibilities of the federal obligation according to
Art. 37 Basic Law - Installation of a "austerity
commissioner"?
The study examines the question of whether a Land (federal state)
experiencing a financial emergency can have an "austerity
commissioner" forced on it by the Federation in the framework of
the Federation's powers to implement coercive measures
vis-à-vis the Länder ("Federal execution"). To this
end, the study describes the requirements of "Federal execution",
enshrined in Article 37 of the Basic Law, taking into account the
requirements arising from the Länder's budgetary autonomy,
which is also enshrined in the Basic Law.
Legislation on non-smoker protection in the OECD member
states
The table contains short discriptions of the legislation on
non-smoker protection in public places, workplaces and the
hospitality industry in the OECD member states.
Current draft framework decisions in the field of police
and judicial cooperation in criminal matters
Spreading of transgenic potatoes by birds
The study examines the risk of transgenic potatoes being spread by
birds and comes to the conclusion that the probability of volunteer
genetically engineered potatoes occurring on a significant scale is
extremely low.
The economic causes of electricity companies' windfall
profits following the introduction of emissions
trading
Since CO2 emissions permits were made obligatory in 2005,
electricity prices in Germany have risen. At the same time,
electricity companies have reaped windfall profits. This ?Topical
Term? explains the economic causes of this trend and describes the
theoretical possibility of auctioning emissions allowances to
prevent companies from reaping windfall profits.
Opinion of Advocate General Philippe Léger on the
action brought by Germany against Directive 2003/33/EC -Tobacco
Advertising Directive
Amended Draft Directive on criminal measures aimed at
ensuring the enforcement of intellectual property
rights
Darfur-Conflict
In the Darfur region in the western part of Sudan there is an
ongoing armed conflict mainly between the Janjaweed, a militia
group recruited from local Baggara tribes and two local rebel
groups of the non Baggara people of the region. The conflict has
multi-ple interwoven causes. The paper informs about the background
and the history of the conflict 2003-2006, as well about the peace
agreement of May 2006 in Abuja and the recent peace efforts of the
African Union and the United Nations (Resolution 1706 of the
Security Council).
European Institute for Gender
Equality
Retirement at 67 - pros and cons
The key to sustainable financing of pensions insurance lies in
increasing the level of employment subject to compulsory
social-insurance, including for older workers, until they have
reached standard retirement age. The provisions on raising
retirement age to 67 merely create the framework to exploit for
pensions insurance the benefits of positive developments on the
labour markets.
The EU-India Strategic Partnership
Federalism reform halves the number of laws requiring
the consent of the Bundesrat
This is the conclusion reached in a 170-page study produced by the
Research Services of the German Bundestag. The study examined the
following question: What would have been the effect on the
proportion of "consent bills" - i.e. those requiring approval from
the Bundesrat, which represents the federal Länder (or states)
- had the reform of Germany's federal structure now proposed come
into force in 1998? A total of 963 bills were examined: 563 from
the 14th electoral term and 400 from the 15th electoral term. The
number of "consent bills" varies considerably from electoral term
to electoral term. The lowest proportion, 41.8%, was seen during
the 1st electoral term (1949 ? 1953), whilst the highest
percentage, 60.6%, was recorded in the 10th electoral term (1983 ?
1987). On average, across all the electoral terms, 53.2% of bills
required the consent of the Bundesrat to become law. The
often-cited figure of 60% and over is therefore inaccurate. In the
14th electoral term, the proportion of "consent bills" was 55.2%,
whilst in the 15th electoral term it was 51%. During the 14th
electoral term, 29.8% of all bills required the Bundesrat's consent
on the grounds of Article 84 (1) of the Basic Law alone. It is this
provision which most often gives the Bundesrat powers of veto.
During the 15th electoral term, this provision in the Basic Law was
the basis for 28.3% of bills requiring Bundesrat consent. In other
words, the figures for both electoral terms were close to the
average. The reform will lead to a significant drop in the number
of "consent bills". Had the federalism reform come into force as
early as 1998, the figures would have looked quite different: - in
the 14th electoral term, only 25.8% of bills would have needed
Bundesrat consent, as opposed to 55.2%, - in the 15th electoral
term, only 24% would have required Bundesrat consent, as opposed to
51%.
European Anti-Fraud Office
Better Legislation - or is less more?
European Institute of Technology
Varying levels of cooperation between the EU and
(current) third countries - from trade agreements to EEA
Plus
IV. EU-LAC Presidential Summit
Economic Migration
Reform of maintenance law
In early April 2006, the Federal Government agreed on a bill to
amend maintenance law. This bill aims to give child maintenance
priority over all other maintenance rights and ensure greater legal
clarity in the area of child maintenance. As regards support after
the breakdown of a marriage, greater emphasis is to be placed on
the principle of personal responsibility.
Carbon dioxide-poor power stations
Carbon dioxide is one of the most important greenhouse gases and
contributes substantially to the anthropogenic global warming.
Amongst others, huge amounts of carbon dioxide are released during
the generation of electricity from fossil fuel-fired power plants
(p. e. gas, oil and coal). Within the Kyoto Protocol, Germany
committed to reduce his CO2-emissions for at least 21 % until 2012
referring to the base year 1990. To achieve this, lately, also the
separation of carbon dioxide from power plant emissions has drawn
more and more attention. The isolated carbon dioxide could be
stored in special deposits or could be used in small amounts within
chemical processes. The so-called carbon sequestration should avoid
that carbon dioxide escapes into the atmosphere and contributes to
the global climate change. If the idea of carbon sequestration
would apply to fossil fuel power plants, those will have
zero-emissions of carbon dioxide and will be a kind of clean-coal
technique, referring to the proponents.
4th World Water Forum in Mexico / 2nd UN World Water
Development Report
The Ministerial Declaration of 4th World reaffirmed the continued
and urgent need to achieve the millennium goal to reduce by half,
by the year 2015, the proportion of people unable to reach or
afford safe drinking water. The UN World Water Development Report
(WWDR)- launched during World Water Day, on 22 March 2006, at the
4th World Water Forum - presents a comprehensive overview of
freshwater resources in all regions, including the key issues
population growth and increasing urbanization, changing ecosystems,
food production, health, industry and energy, as well as risk
management, valuing and paying for water. WWDR outlines a set of
conclusions and recommendations for future action to guide
sustainable use, productivity and management of the increasingly
scarce freshwater resources:
Intellectual Property
The protection of intellectual property is important not only for
the promotion of innovation and creativity, but also for labour
market development and to improve competitiveness. Directive
2004/48/EC on the enforcement of intellectual property rights (OJ L
195 of 2 June 2004, p.16), which must be transposed into national
law by 29 April 2006, is also gaining in topicality because of the
forthcoming amendment of the Copyright Act.
The EU and Georgia
The Congo conflict
This ?Topical Term? explains the political and ethnic conflicts in
the Democratic Republic of the Congo which led to decades of armed
conflict, costing the lives of around three million people. It also
seeks to clarify to what extent neighbouring states influence the
conflicts in Congo.
Directive on energy end-use efficiency and energy
services
Multigenerational homes
Multigenerational homes, or centres, are community-oriented contact
points for both the young and the elderly, offering support
services for all generations under one roof. In most cases, there
is a main meeting room, child day-care and services for the
elderly. These centres aim to promote intergenerational exchange
and mutual support.
Uranium as a nuclear fuel: worldwide resources and
long-term supply
In the current debate on national energy policy, a key question is
whether or not Germany should make continued use of its existing
nuclear power plants, or even engage in the construction of new
plants. Among many other aspects, one important issue in this
debate is the ?sustainability? of Uranium consumption, i.e. the
long-term security of the nuclear fuel supply. The advocates of a
nuclear energy option underline that the Uranium supply can most
probably be secured for longer periods of time than that of fossil
fuels (except coal). Opponents emphasise the fact that Uranium
remains a limited resource in any case, and that a sustainable
energy policy should rather prioritise principally unlimited
resources such as renewable energies. The aim of this document is
to compare the different point of views, to identify a common basis
of discussion in terms of facts and figures for the worldwide
Uranium resources, and to clearly point out the assumptions and
uncertainties that form part of the corresponding calculations. By
taking into account the present yearly consumption, an approximate
remaining duration of Uranium resources somewhere in the range
between 37 and 166 years can be predicted. It must be kept in mind,
however, that these numbers strongly depend on the underlying
assumptions and may be subject to change due to technological
progress, economic boundary conditions, and political
decisions.
Basic income for jobseekers ? current legal
amendments
This ?Topical Term? describes the most recent legal amendments
relating to the basic income for jobseekers, including the
regulations for unemployment benefit II in the new federal states,
?communities of need? and pension insurance.
The Commission?s Annual Policy Strategy for
2007
Green paper on succession and wills
Green paper on " A European Strategy for Sustainable,
Competitive and Secure Energy"
Bridging the broadband gap
Green paper on energy efficiency
Draft regulation establishing a small claims
procedure
The new United Nations Human Rights
Council
On 15 March 2006, the United Nations General Assembly voted to set
up a Human Rights Council to replace the existing Commission on
Human Rights. The Human Rights Council will consist of 47 UN member
states, which will be elected for a period of three years in secret
elections and by an absolute majority within the UN General
Assembly. The Council will meet three times annually for a minimum
of 10 weeks in total.
The reverse-charge mechanism in VAT
legislation
As part of the current fiscal-policy debate in Germany, the
reverse-charge mechanism is being discussed with a view to tackling
VAT fraud more effectively. For business to business transactions,
this would involve shifting the tax liability from the business
supplier to the business customer. A brief description is provided
of the requirements for, background to and effects of a change in
the system. The legal framework at EU level is referred to in
closing.
Initiative on the reduction of bureaucracy: regulatory
reform
The goal of the regulatory reform project in the framework of the
Federal Government's initiative on reducing bureaucracy is to
contribute to a modern, effective and transparent legal order as
part of good legislation. In order to achieve this, regulatory
reform laws issued by the responsible federal ministries are to be
used to help ensure that the body of norms of federal law is
stripped of unnecessary and outdated provisions.
Committees of Inquiry
An overview of the establishment, procedures and role of the German
Bundestag's committees of inquiry. The text includes a short
examination of the way in which evidence is taken and of the powers
of a committee of inquiry, in particular the necessity of
safeguarding confidentiality.
Reform of the legal framework for non-profit
organisations
The law concerning non-profit organisations creates the
institutional and legal framework for civic activities and is, at
the same time, an instrument which shapes civil society, going
beyond a purely fiscal definition. Criticism of the current
provisions is based, firstly, on the fact that the theoretical
foundation from the Empire (Kaiserreich) has been preserved in the
law as it stands. Critics complain that this legislation does not
take into account the fundamental shift which has taken place in
the function of the civil society and its organisations, whereby
they have become independent and equal partners in society, with
tasks going far beyond relieving the burden on the state or
performing a complementary function to the state. Secondly,
measures taken to shape the legislative and regulatory framework
over the last decades, together with legal judgements in the area
of the law on non-profit organisations, have made the law unwieldy
and unsystematic. In summary, the legislative framework should be
lent greater flexibility, consolidated and made more systematic,
bringing it into line with the reality within society.
European agencies
Commission white paper on a European communication
policy
Integration of national financial supervisory bodies
within the EU
Protection of young persons in the area of
media
?Topical term? factsheet No. 11/06 sets out the legal provisions in
force at federal and Land level to protect young persons from
certain types of media content. The different institutions working
to protect children and young people in this field are presented
and their way of working explained.
Financing studies - models and options
The Federal Constitutional Court's ruling of 26 January 2005 allows
the Federal Länder (states) to introduce tuition fees at their
universities, provided that options for financing are available for
suitable students from disadvantaged backgrounds, to ensure that
they still have the chance to study. The introduction of tuition
fees is planned in almost all Federal Länder from 2007 onwards
and a number of public, commercial and private modes of financing
studies have been created in the form of loans, educational funds,
provisions for exemptions from tuition fees and scholarships. The
information sheet sets out current developments in these options
for financing studies.
The Dutch model of reducing bureaucracy ?
Actal
The acronym Actal stands for Advies College Toetsing
Administratieve Lasten (Dutch Advisory Board on Administrative
Burdens) and is the name of an independent body which advises on
the reduction of bureaucracy in the Netherlands. The German
government, too, intends to implement the recommendations of the
European Union and the OECD and introduce without delay the
Standard Cost Model ? which has proved its worth in several
European countries ? to measure objectively the administrative
burden on businesses.
Reduced VAT rates on labour-intensive
services
Flat-rate cultural fee
The possibilities offered by digital technology, which allows
music, films and texts to be reproduced in a wide variety of ways,
are a challenge to business and policymakers. Business is therefore
developing ways of limiting and preventing the economic losses it
suffers as a result of copies made and distributed without payment.
One proposal made in this context is that a ?flat-rate cultural
fee? should be levied. In exchange for paying a monthly fee, people
would be permitted to legally download music and other digital
content from the Internet. Music would be freely available via
file-sharing services. Critics of this proposal stress that the
concept has immense legal and substantive shortcomings.
Combating Bird Flu: Federal Research Institute for
Animal Health Friedrich Loeffler Institute
The Federal Research Institute for Animal Health ? the Friedrich
Loeffler Institute ? plays an important role in efforts to combat
bird flu in Germany. The Institute was established in 1910; today
it comprises eight institutes at four sites. The Friedrich Loeffler
Institute includes the Institute of Diagnostic Virology and its
National Reference Laboratory for avian influenza (the H5N1 subtype
of which is often called ?bird flu?). In May 2005, the World
Organisation for Animal Health (OIE) designated the Institute an
international Reference Laboratory for bird flu.
Proposed directive on the portability of supplementary
pension rights
Reform of the United Nations System. Debates and
Measures concerning Structural Change of the Security Council, the
General Assembly, the Secretariat and UN funding
Whereas the United Nations has undergone major changes with respect
to membership and functions since its origins, its institutional
structures have persisted as yet. However, after the Cold War new
vistas have opened up for a sweeping reform. The political debate
focussed on the Security Council as the power centre of the United
Nations. Although considerable progress has been made on questions
like the definition of structural shortcomings and the criteria for
the selection of potential new members, no single reform model has
gained the broad backing necessary for adoption so far. Most of the
proposals referring to the General Assembly aim at an enhancement
of its efficiency. In the view of most of the member states there
remains a lot to be done in order to further streamline the body?s
structures and procedures. The several measures to downsize and
modernize the secretariat are primarily due to the initiative of
the two Secretary Generals Boutros Boutros-Ghali and Kofi Annan.
They managed to enhance the capacity of the senior management, to
rationalize decision-making processes and to make the recruitment
of personnel more open. Since its establishment the UN funding
system has been characterized by a permanent scarcity of resources.
After a long debate the UN managed to agree upon a new contribution
system that was approved by the General Assembly in 2002.
From "television without frontiers " to "audiovisual
media services"
The new United Nations Peacebuilding
Commission
The text describes the creation, organisation and tasks of the
newly established United Nations Peacebuilding Commission
Working time directive - progress of the
debate
ECJ judgment on the cross-border offsetting of losses in
the EU
The Asia-Pacific Partnership
In July 2005, the United States, China, Japan, India, South Korea
and Australia presented a new climate pact, called the
?Asia-Pacific Partnership on Clean Development and Climate? (APP).
Contrary to the Kyoto Protocol, the pact does not contain binding
targets or a timetable to achieve reductions of greenhouse gas
emissions. However, the APP represents the American understanding
of climate policy as it is based on the technology push principal,
while the Kyoto Protocol is an instrument in the sense of a market
pull strategy.
Constitutional guarantee of intergenerational
equity
Intergenerational equity is a topical issue in Germany ? not least
since a number of younger parliamentarians have called for the
inclusion of an article on the protection of future generations in
the Basic Law, Germany?s constitution. It has been suggested that a
new Article 20 b be added to the constitution as a state goal,
committing the state to adhere to the principle of sustainability
in its actions and to protect the interests of future generations.
In addition, an amendment to Article 109 of the Basic Law (Budgets
of the Federation and the Länder) is being considered to make
it more difficult for the Federation and Länder to take on
debt. State goals outline a certain programme for state action and
thus serve as guidelines for state activities, the interpretation
of laws and other legislation.
High Representative for Bosnien and
Herzegowina
The Dayton Peace Agreement for Bosnia and Herzegovina (1995)
provided for the establishment of an office of a High
Representative whose task would be to implement the civilian
aspects of the peace settlement. Candidates for the office are
designated by the Steering Board of the Peace Implementation
Council, an institution consisting of 55 countries and
international agencies that also provides the political guidelines
for the High Representative?s work. Initially endowed with little
competences, the office now possesses great power, based on the so
called Bonn Conclusion from 1997. From time to time, the policies
of the several office holders have been highly controversial,
especially in the public of Bosnia and Herzegovina.
The services directive - progress of the
debate
Reform of communal finances
In light of the current financial problems of many cities and local
authorities a reform of the communal finances is still of great
relevance. In their coalition agreement the coalition parties have
set themselves the task to put the finances of the local
authorities on a stable basis. Their goal is a communal tax that is
based on the economic capacity of the companies, which assures a
constant tax revenue and guarantees the fairness between the local
authorities. The financial reform should not move the burden to the
side of the employees. The Topical Term outlines the current
developments of the communal finances and concepts provided by
parties, local authorities and different representatives of the
economy regarding a reform.
Federal share of the cost of accommodation/heating
benefits under Book II of the Social Code
Under Book II of the Social Code, the municipalities bear the cost
of accommodation and heating benefits within the framework of the
basic income for jobseekers. In order to ensure that the burden on
the municipalities is reduced by the Fourth Law for Mod-ern
Services in the Labour Market (Hartz IV), the Federation helps to
meet the cost of these benefits. For 2005 and 2006, the
Federation?s share in accommodation and heat-ing costs has now been
fixed by law at 29.1%, following contentious negotiations with the
Länder. The First Act to Amend the Second Book of the Social
Code entered into force on 31 December 2005. The Federation?s
contribution from 2007 is to be regu-lated by a federal law
Tsunami Recovery - Stock Taking one year
later
The Tsunami in December 2005 killed more than 230,000 people,
devastated over 5,000 miles of coastline surrounding the Indian
Ocean, swept away 430.000 homes, and destroyed over 100.000 fishing
boats. The UN, international financial institutions, governments,
charitable groups and nongovernmental organizations have pledged
billions of dollars by now for the reconstruction process.. The
recovery in 2006 will focus on the following priorities in order
?to build back better?: progress on disaster risk reduction,
importance of political reconciliation, peace, and good governance,
building of capacity, strengthening of coordination efforts,
promoting transparency and accountability.
The EU-Russia Energy Dialogue
Commissioner for Human Rights
The Parliamentary Assembly of the Council of Europe elected on 5
October 2005 a new Commissioner for Human Rights, Thomas
Hammerberg, from Sweden. The Commissioner for Human Rights was
established in 1999 as an independent institution within the
Council of Europe. The Commissioner focuses his activity on three
main areas: the promotion of the education in and awareness of
human rights, and the promotion of their effective respect and full
enjoyment in all the member States of the Council of Europe.
The Austrian Presidency of the European
Union