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Research papers published by the Research Services of the German Bundestag - 2007
This page sets out the English summaries of the research papers published by the Research Services. A link from the end of the summary will take you to the complete research paper in German.
Please note the disclaimer and copyright notice.
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Measures to combat terrorism since 11 September 2001
Since the terrorist attacks in the United States in 2001, the German Parliament has taken a range of measures to prevent terrorist activities. This Topical Term provides an overview of the most important changes at federal level since 11 September 2001. It also explains what is meant by the ?evaluation? of legislation and 'sunset clauses'.
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Annual days of action or remembrance
This documentation examines a selection of days of remembrance or action which are held annually in remembrance of important societal, religious or historical events at international or national level, or to draw attention to significant societal, medical or environmental issues and problems.
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Free movement of capital ? Volkswagen and the ECJ's Golden Share rulings
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Parties and the distribution of power in Russia in the run-up to the elections
The campaign for the parliamentary elections in Russia (elections to the State Duma), which are due to take place on 2 December 2007, is being strongly influenced by the question of the future of Russian President Vladimir Putin. Because the President?s term in office comes to an end next year, the United Russia party wants the State Duma elections to become a referendum on Putin in order to pave the way in moral and political terms for a continuation of his work. To this end, Putin has had himself placed at the top of the party?s list. The opposition parties can do little to counter this, particularly because, from the Russian population?s point of view, the State Duma plays a subordinate role to that of the President. Of the 15 parties in total standing for election, only 4 have a realistic chance of being voted into parliament: alongside United Russia, which has an unassailable lead in the polls and is commonly known as the ?party of power?, these are the Communist Party, A Just Russia and the Liberal Democratic Party. An amended electoral and party system has resulted in, amongst other things, some parties being denied permission to run for election and independent candidates having no chance of standing for election.
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Indicators for emissions targets
There have been numerous calls for the reduction commitments of the individual states in a post-2012 climate-protection regime to be determined less by a country's negotiating skills and political tactics than was the case with the Kyoto Protocol. Yet this prompts the question as to what criteria can be used to objectively determine fair targets for reduction. In this context, there has been considerable discussion of per-capita emissions and their gradual convergence towards one single level of emissions for the whole of the world. This would give every person the same rights in relation to the atmosphere; supporters believe that this would constitute a socially equitable climate protection policy. Alongside this, greenhouse gas intensity as an indicator of the climate impact of economic processes can also be used to identify potential for reductions. In addition, those countries which have so far been responsible for the majority of emissions, and which continue to contribute to global warming, must accept the responsibility that they bear for the total emissions they have caused over the years. The advantages of the various indicators are presented in the different proposals for a post-2012 system.
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Reform of quotas and voting rights at the IMF
Discussions on the reform of the International Monetary Fund (IMF) have been underway for many years now. These discussions centre in particular on the system of quotas. The quotas determine the rights and obligations of the individual IMF member states. At the IMF's Annual Meeting in September 2006, agreement was reached, amongst other things, on the fact that a new formula for the distribution of quotas should be developed. Yet there is still disagreement over which factors (e.g. a country's GDP or its currency reserves) are to be included in the formula and the weight to be given to individual criteria. Even at the IMF's Annual Meeting in October 2007, it was not possible to achieve conclusive agreement on the subject.
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Annual report of the Council of Economic Experts for the Assessment of General Economic Trends for 2007/2008: "Let's not throw away what we've achieved so far"
On 7 November 2007, the Council of Economic Experts for the Assessment of General Economic Trends presented its 2007/2008 report. This was the 44th annual report published by the Council on the basis of the law establishing the Council, which was introduced on 14 August 1963.
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Child neglect
Child neglect is the most common type of threat to children?s welfare encountered by child and youth services in Germany. With the aim of identifying risks to children as early as possible and improving parenting skills, the Federal Government launched an action programme in December 2006, which offers support in particular to families with special problems.
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Genetic diagnostics: applications, developments and need for regulation
Genetic testing is growing in importance. The number of tests carried out increased constantly between 1996 and 2004, reaching a total of over 300,000 tests in 2004. Genetic testing also has some special factors compared to other medical tests. There have therefore been several political initiatives in the past to introduce a law on genetic testing or genetic diagnostics, most recently in the form of a bill tabled by the Alliance 90/The Greens parliamentary group in the Bundestag (Bundestag printed paper 16/3233). The coalition agreement between the CDU, CSU and SPD also raises the prospect of legal regulation. On 7 November, a hearing on genetic diagnostics is to be held by the German Bundestag?s Committee on Health. Legislation on this subject already exists in Switzerland, Norway and Austria.
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Monument to freedom and unity
On 9 November 2007, the 18th anniversary of the fall of the Berlin Wall, the German Bundestag will deliberate on the erection of a monument to freedom and unity. Nine years after the first initiative, the time for a monument of this type appears to have come. There is broad support across all political parties and sections of society for a monument to freedom and unity. The aim is to commemorate the peaceful revolution of 1989 and the day on which German reunification took place. In addition, the monument is intended to allow people to contemplate the past and to create impetus for far-reaching democratic change. A public debate is underway on the question, amongst others, as to where the monument should be located. Alongside Berlin, the city of Leipzig has also suggested itself. The coalition parliamentary groups would like to see a resolution passed in the German Bundestag before the end of 2007
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The Commuter?s Tax Allowance and the Decisions of the German Finance Courts
With effect of 1st January 2007 the legislator has restricted the commuter?s tax allowance. According to the new regulations commuters can only deduct the expenses for travelling from their homes to the workplaces and back from the 20th kilometre onwards. Therefore, the travel costs of kilometre 1 to 19 have to be borne by the commuter in full. With this amendment the legislator has introduced the so called "factory gate principle" (Werkstorprinzip) according to which the work-related sphere starts at the factory gate and commuting to work is part of the private sphere. While two Finance Courts of the Länder (States) found the amendment in accordance with the German Constitution, two other Finance Courts of the Länder had substantial doubts regarding the lawfulness of the new regulation. These Courts have, therefore, submitted this question to the Federal Constitutional Court. Recently the German Federal Finance Court has also cast doubts on the lawfulness of the amendment. The latter Finance Courts of the Länder held that the restriction of the commuter?s tax allowance could ? especially for taxpayers with low wages - lead to an unlawful taxation of the minimum subsistence level (Existenzminimum). Furthermore, the commuters are forced to travel to and from work and the related costs are, therefore, closely connected with their work. Thus, the commuters should be allowed to deduct such costs as income-related expenses from their income before taxation. However, the other Finance Courts found that the commuter?s tax allowance is not guaranteed by the German Constitution or any other regulation and that the legislator was entitled to change the law accordingly. Until the Federal Constitution Court decides on this question the Federal Ministry of Financial has introduced preliminary proceedings how to deal with applications to approve the commuter?s tax allowance for kilometre 1 to 19.
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The Nobel Peace Prize - History, nomination and selection process
The Nobel Peace Prize is probably the best known and most important international prize honouring commitment to the promotion and preservation of peace. The idea is for the prize to be awarded to the person or organisation "who shall have done the most or the best work for fraternity between the nations, for the abolition or reduction of standing armies and for the holding and promotion of peace congresses". The Nobel Peace Prize is the only one of the Nobel prizes which is awarded by a Norwegian rather than a Swedish Nobel committee and the only one to be awarded in Oslo rather than Stockholm. In the 106 years since the Nobel Prize was first awarded it has been received by 95 people, including 12 women, as well as by 20 organisations.
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The Volkswagen Law before the ECJ
The European Court of Justice (ECJ) has ruled that parts of the German Volkswagen Law infringe European legislation. The provisions affected are those which grant special privileges to the Federation and the Land of Lower Saxony as Volkswagen shareholders. In the current framework, the state therefore no longer enjoys the special influence on decisions by Volkswagen AG that it did previously. The judgment not only affects the political players, however; it will also influence the future of the Volkswagen Group, Europe?s biggest car manufacturer.
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Provisions and financing for European political parties and European political foundations
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The Lisbon treaty and the Ioannina clause
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Criminal investigation against journalists on the suspicion of abetting the disclosure of secrets
If Members of the Bundestag were to pass on to third persons information classified as secret, this would constitute a crime under Section 353b (2), Nr. 1 of the Criminal Code. In such cases, however, the act of disclosure of secrets would only be prosecuted with the authorisation of the President of the German Bundestag (Section 353 b (4), Nr. 1 b of the Criminal Code). The Federal Constitutional Court has ruled that it is inadmissible to search rooms used by members of the press and seize material in order to carry out investigations allowing identification of the informer. In order to better protect the press from state intervention, the parliamentary groups of the FDP, Alliance 90/The Greens and the Left Party have tabled bills in the German Bundestag.
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Missile defense ? technical aspects and scientific background
U.S. plans for deploying components of a system for defense against intercontinental ballistic missiles in eastern Europe have lead to intensive debate about the benefits and side effects of missile defense in general. In order to provide orientation in this complex debate, the present document summarizes the technical functionality, the scientific background and some of the practical limitations of the missile defense systems currently under discussion.
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Forced marriage in Germany - Scope, preventative measures, protection for victims
For several years in Germany, the phenomenon of forced marriage, which is also a problem worldwide, has been discussed more intensively. A marriage is defined as a forced marriage when it takes place contrary to the will and consent of at least one of the spouses to be. Forced marriages tend to take place more frequently in families and social structures organised along patriarchal lines. The coercion involved ranges from psychological pressure to physical violence. It is difficult to distinguish between such marriages and what are known as arranged marriages, in which the choice of partner is initiated by the parents or other family members, and consent of the potential spouses is obtained before the marriage.
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The EU Reform Treaty
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The House of World Cultures
The House of World Cultures in Berlin is Germany's centre for non-European art. Its programme focuses on the contemporary arts and current developments in the cultures of Africa, Asia and Latin America as well as on the artistic and cultural consequences of globalisation. The Institution is located in one of Berlin's architectural landmarks: The former Congress Hall in the centre of Berlin. In 2007 the House is celebrating the 50-year anniversary with an interdisciplinary project on the transatlantic relationship between Germany and the USA, with a special focus on New York.
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Time limits in the legislative process
The Basic Law, Germany?s constitution, contains no provisions about the duration of the legislative process. However, provisions relating to time are contained in the Basic Law and, in particular, the Rules of Procedure of the Bundestag ? in the form of specific time limits, but also terms such as "appropriate" or "reasonable" and "without delay". This "Topical Term" provides an overview of the most important regulations.
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The challenges of the switch to digital TV
The study sets out the challenges connected with the switch to digital TV. It examines data on the current extent of digital TV in Germany, as well as the associated regulatory challenges. It focuses in particular on the issue of equal opportunities and non-discriminatory access, as well as guaranteeing a diversity of opinions.
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"Flexicurity" ? More and better jobs through flexibility and security
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Government draft of a new Limited Liabilities Company Act
The 'limited liabilities company' (GmbH) is one of the most important types of company in Germany?s SME sector. Since the amendments to the law governing limited liability companies in 1980, the Limited Liabilities Company Act (GmbHG) has remained largely unchanged. On 23 May 2007, the Federal Cabinet adopted a "draft act to modernise the law governing limited liability companies and to combat misuse" (MoMiG), which is intended to adapt the Limited Liabilities Company Act in numerous areas to meet changing conditions, and to introduce new measures in the Act. The bill was first transmitted to the Bundesrat, which proposed several amendments (Bundesrat printed paper 354/07(B)). The bill and the comments of the Federal Government have now been received by the Bundestag (Bundestag printed paper 16/6140). The first reading took place on 20 September 2007.
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Altiero Spinelli: One of the founding fathers of the EU
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State treaties between the Länder
The text defines the concept of a state treaty between Germany?s Länder (federal states), and describes the procedure for the conclusion of such a treaty and the various ways in which it can be terminated. The difference between validity between states and validity within a state is explained and details are provided about the functions of ratification by the Land Parliaments.
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The Federal Constitutional Court of Germany strengthens the independence and the participation of public service broadcasting in new technologies.
The Federal Constitutional Court of Germany strengthens the independence and the participation of public service broadcasting in new technologies. The constitutional complaints of the german public service broadcasters ARD, ZDF and Deutschlandradio about the reduction of the licence fee-proposal of the independent commission of experts (KEF) by the Länder were successful.
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The right of secession, the process of becoming a state and the recognition of states
Against the background of the still unresolved future status of Kosovo, the question arises once again as to the existence under international law of a right to secession and the requirements which would apply. Furthermore, examination is needed of the criteria which have to be fulfilled by a certain unit of rule in order for it to be regarded as a state under international law and of the effect which recognition of a state by third countries has.
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Limits of the right to strike
The constitutional basis of the law relating to industrial disputes, including the right to strike, is the freedom of association enshrined in Article 9 (3) of the Basic Law. The right to strike is not protected for its own sake, but only as a means of achieving the agreement of collective agreements. This study provides an overview of the balance of opinion in court decisions and relevant literature about whether and, if applicable, in what way the right to strike is subject to further restrictions, in addition to this generally accepted limitation of purpose. Against the background of a possible strike by train drivers in the industrial dispute between GDL train drivers' union and Deutsche Bahn, the study also examines the special problem of the limits of the right to strike in cases where the general public is significantly affected.
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Quantum cryptography
Quantum cryptography is a novel encryption scheme for the transfer of sensitive data. Based on fundamental laws of physics governing the behaviour of quantum particles, it promises to provide ?absolute? security, rather than the relative security presently achieved by conventional mathematical encryption.
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Online-Library ? The Google Book Search
Google?s latest project the Google Book Search program is a controversial issue for a fairly long time. For his Online-Service Google scans the inventory of popular (university-) libraries such as Harvard or Oxford and publishes them in the Internet to make those (rare) acts universally accessible. Through the "fair-use"-clause, which means that copyrighted acts can be reproduced in case of social benefit, the copyright is partly unconsidered by the company. However there are advantages as well as disadvantages in the scanning of books. Google himself calls his (business-) venture promotional and effective in advertising. European efforts to compete with Google?s project like the "European Digital Library" are slowly developing because of missing funds.
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Recent court rulings on allocation of emissions allowances pursuant to the Greenhouse Gas Emissions Trading Act and the Allocation Act
In a resolution of 22.06.2007 on the 2012 Allocation Act, the German Bundestag created the basis for the second period of CO2 emissions trading. At the end of the initial emissions trading period, the first high-level court rulings have also been made on the lawfulness of the Greenhouse Gas Emissions Trading Act and the Allocation Act. The judgements also examined the lawfulness of the way in which the acts have been implemented by the German Emissions Trading Authority, which comes under the authority of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. However, some fundamental legal issues have not yet been completely clarified.
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The EU?s new strategy on Central Asia
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The Eu an the People's Republic of China
Die Volksrepublik China ist der größte Handelspartner der EU in Asien und seit 2002 ihr zweitgrößter Handelspartner nach den USA. Aufgrund des rasanten Wirtschaftswachstums von mehr als 10 % pro Jahr wird sich China aller Voraussicht nach zur größten Wirtschaftsmacht des 21. Jahrhunderts entwickeln. Gleichzeitig bilden die 1,3 Mrd. Chinesen einen immer wichtigeren Absatzmarkt für europäische Produkte. Die EU hat auf die steigende Bedeutung des Landes inzwischen mit der Formulierung einer neuen China-Strategie reagiert.
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Weblogs in politics
A weblog (usually shortened to blog) is a web-based publication consisting primarily of periodic articles (normally in reverse chronological order). A typical blog combines text, images, and links to other blogs, web pages, and other media related to its topic. The ability for readers to leave comments in an interactive format is an important part of many blogs. Blogs provide commentary or news on a particular subject such as economic and cultural problems, politics, or local news; some function as more personal online diaries. Media and political party response to the new technology are reflections of its emerging influence.
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Commission of the Bundestag and Bundesrat on the Modernisation of Federation-Länder Financial Relations ? Commission on Federalism II ?
On 15 December 2006, the Bundestag and Bundesrat decided to establish a "Joint Commission on the Modernisation of Federation-Länder Financial Relations" (Commission on Federalism II). It has the task of drafting proposals for a reform of Federation-Länder financial relations, in order to ensure that these financial ties are adapted in the light of the changed context of growth and employment policy, in particular. The Commission?s work will focus on means of managing budgetary crises, limiting debt, ensuring regional and local authorities have the financial resources necessary for them to carry out their duties, and enhancing efficiency in public administration.
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The Green Paper on market-based instruments for the environment
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The Nabucco gas pipeline as part of the EU?s external energy policy
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The merger of the The Left Party.PDS and the Electoral Alternative for Work and Social Justice (WASG) into "The Left Party."
On 16 June 2007, The Left Party.PDS and the Electoral Alternative for Work and Social Justice (WASG) merged at an inaugural party conference in Berlin to form a new Germany-wide party, "THE LEFT PARTY." A Left Party parliamentary group has already been in existence in the German Bundestag since the elections in 2005; the parliamentary group is chaired by Gregor Gysi (previously from The Left Party.PDS) and Oskar Lafontaine (previously from the WASG). The merger of the two parties was the conclusion of a process which had lasted around two years. Whilst the Left Party.PDS had its strongholds in East Germany, the WASG was more concentrated in the former West Germany. The newly formed party, "THE LEFT PARTY.", has a total of 70,000 members, making it the fourth largest party in Germany, after the SPD, CDU and CSU.
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The status of Kosovo
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Victims' Pensions
On 13 June 2007, the second and third readings are taking place in the Bundestag of the "Act for the improvement of provisions relating to the rehabilitation of victims of political persecution in the former GDR". The Topical Term entitled "Victims' Pensions" explains the process by which the legal foundations were developed for compensatory benefits under the Criminal Rehabilitation Act (Strafrechtliches Rehabilitationsgesetz).
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Podcasting
A podcast is a collection of files (usually audio and video) residing at a unique web feed address. The author of a podcast is often called a podcaster. People can "subscribe" to this feed by submitting the feed address to an aggregator (like iTunes). When new "episodes" become available in the podcast they will be automatically downloaded to that users. Podcasting is becoming increasingly popular in politics, education and corporate communication.
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Education funding in the federal state: new proposals
The system of University funding in Germany is under pressure in many respects. One issue is the federal burden sharing: So far, universities in Germany are funded almost exclusively by the federal state in which they are located. Various alternative models have been presented in recent times, several of which assign financial responsibility for university education to each student?s home state (Bundesland). This text reviews two models: Vorteilsausgleich ? mainly following the example of Switzerland ? and Studienfonds.
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Modern methods of plant breeding (part II): cisgenics and terminator technology
New techniques in genetic modification of plants came up during the last years. Cisgenics was introduced with a new report on gene technology in 2007. Additionally, discussions about terminator technology are still ongoing.
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From the Constitution for Europe to a new reform treaty?
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Modern methods of plant breeding (Part I): From classical breeding to "smart breeding"
Recently, new methods for plant breeding have been developped. Several companies and research groups use "smart breeding", which makes use of molecular markers and other selection tests to speed up the development of new varieties. Even the mutation breeding has been linked to methods of molecular biology.
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German EU Council Presidency achieves political agreement on new Audiovisual Media Services Directive
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CO2-balances of different sources of energy in comparison
One possibility to reduce emissions of greenhouse gases to prevent climate change consists in changing the energy mix used for electricity production. In order to replace some of the more CO2-intensive forms of energy by other, less environmentally harmful ones, it is essential to know the CO2 balances of the different energy sources. This document gives an overview of CO2 intensities of fossil fuels, nuclear energy and various forms of renewable energies. For useful comparison, not only power plant operation and fuel supply, but also plant construction and waste disposal need to be taken into account. The document first discusses models and assumptions required for calculating comprehensive CO2 balances, and then compares several CO2 balances published in the literature.
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The Hambach Festival ? 175th anniversary
On 27 May 1832, between 20,000 and 30,000 people gathered in Neustadt an der Weinstraße and proceeded together to the ruins of Hambach Castle to demonstrate in favour of national unity and freedom. The demonstrators called for a unified, democratic Germany and a new order in Europe based on equality between nations. The Hambach Festival was the largest and most significant rally by the movement for German unity and freedom before the revolution of 1848.
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Africa ? a continent facing major challenges
At the meetings of the heads of state and government of the G8, development in Africa has been an important item on the agenda for years. Africa is a continent facing a wide range of enormous challenges. Despite economic successes in some African states, Africa as a whole has thus far been unable to overcome poverty and underdevelopment in the long term. Most of the sub-Saharan African countries are part of the poorest regions in the world. The African continent?s share of global economic output and world trade is only a few percentage points. This is compounded by the fact that Africa is the continent with the highest level of debt. The rapid spread of the Aids pandemic is another challenge facing Africa.
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History of the G8
The Group of Eight (G8) is an informal group comprising the eight leading industrialised nations: Canada, France, Germany, Italy, Japan, the UK, the USA and Russia. Since the first world economic summit in Rambouillet near Paris in 1975, a form of permanent cooperation has developed. The annual summits have evolved from confidential fireside chats to major events attracting global attention. The spectrum of topics discussed extends from economic issues and foreign- and security-policy questions to environmental and development-policy topics, and reflects the main challenges in global politics. The speakers and presidents of the parliaments of the G8 states also regularly hold informal meetings.
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"Lecturer" and "Teaching Professor": New personnel models for academia
Universities in Germany are facing special challenges in the coming years. Various models have been proposed to expand capacities and strengthen academic teaching. Two proposals for new personnel categories at Universities are "Lecturers" and "Teaching Professors".
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Strategic planning and programming of the Commission and the Council
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The International Charlemagne Prize of the City of Aachen
The International Charlemagne Prize was the first political prize established in the post-war era in the young Federal Republic of Germany. It has, since it was first awarded in 1950, developed into one of the most important and prestigious awards for services to Europe and European integration. The prize honours contributions to a united Europe in the political, economic or spiritual and cultural fields. National, religious, party-political and racial factors may not be taken into consideration in the selection of the prize-winners.
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"Open Access" to scientific information
The term "Open Access" refers to an emerging new pricing and publishing scheme of scientific journals, aiming at a simplification and democratization of access to scientific information. The present document provides an overview of the scientific and political debate around "Open Access", summarizes some recent developments in Germany and on the international scene, and discusses the Pros and Cons of "Open Access".
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The history of German-Turkish relations
After the First World War, the Weimar Republic and Turkey maintained the good relations which had traditionally existed between the two countries (Treaty of Friendship Between Germany and Turkey in 1924, additional trade agreement in 1927). The National Socialist regime also viewed positive cooperation with Turkey as important and concluded treaties accordingly ("Clearing Agreement" in 1933, credit agreement in 1939). Turkey rejected the idea of providing military support for Germany and maintained its strict neutrality until February 1945 (declaration of war on Germany, but without any hostilities). After 1945, Turkey and Germany, as NATO partners, found themselves on the same side of the Iron Curtain. Although there were temporary irritations, German-Turkish relations were, nevertheless, generally stable until the mid eighties. The growing number of Turkish workers in Germany and the Turkish interest in EU membership has added new dimensions to German-Turkish relations which create new challenges.
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Culture Industries
The term "culture industries" encompasses all of those business operations and activities that combine the creation, production and commercialisation of contents which are cultural in nature. Several studies on the economy of culture provide evidence that cultural creativity and the economic sectors built around it make a significant contribution to economic development. But it has to be noted that there remains a lack of solid comparable evidence at national and EU level which would enable the contribution of the cultural and creative sectors to economic growth and employment to be properly assessed. For these problems to be remedied, more work needs to be done to adopt appropriate standards and definitions.
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Prohibition and classification of computer games glorifying violence in Europe
A lively debate about what are known as "killer games" has been underway for months in Ger-many and at European level. This article provides information about regulations to control computer games in selected EU Member States and the multinational PEGI system.
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The history of relations between the German Empire and the Ottoman Empire
Following sporadic contacts, some of them traumatic experiences (e.g. the sieges of Vienna in 1529 and 1683) between the Holy Roman Empire of the German Nation and the Ottoman Empire from the Middle Ages to the 19th century, close relations developed between the two countries after the founding of the German Empire in 1871. Fostered by the widespread interest in the Orient and Wilhelm II?s romanticised view of the Ottoman Empire, relations between the High Porte and Berlin intensified in particular from 1890 onwards. Close cooperation developed in the economic sector (German arms supplies, Baghdad Railway), and especially in the military field. Three German military missions between 1880 and 1914 developed into what is referred to as the two countries? ?brotherhood in arms? during the First World War, which did not end until 1918.
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Language change and language policy
With half of the world?s 6,000 languages facing the risk of dying out, worldwide linguistic diversity is threatened. German language is also affected by this language change (grammati-cal simplification, increasing influence of English and other languages such as Turkish). Germany does not practise a stringent language policy. The German language is not men-tioned in the constitution, there is no integrative regulation of language teaching in German schools and because of the federalist structures a central national and governmental lan-guage authority does not exist. Within the European Union, language policy is also an important issue. But despite of the declared intention to promote linguistic diversity, there is a trend to a linguistic standardisation with the supremacy of English language.
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Global civil society
Globalisation has led to an increasing shift of political decision-making to the international level. This has given rise to problems of political legitimacy, resulting in calls for an expansion of the principle of democracy from the nation-state to the system of global governance. While sceptics object that the societal and political conditions for this are not present, others even see an opportunity to establish a ?cosmopolitical democracy?. In many cases, however, the model of ?global democracy? is instead associated with specific proposals for reform of the United Nations, for example through greater involvement of civil society or the creation of a parliamentary assembly.
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Bilateral relations between the EU and Ukraine
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30 years since the 'year of terrorism' in 1977
In 1977, the wave of violent terrorist acts committed by the so-called "Red Army Faction" in West Germany reached its peak. The violent attacks and murders presented democracy and the rule of law there with one of the greatest challenges since 1945. The RAF was a left-wing terrorist organisation created in 1970 with the aim of toppling the political order in Germany through the use of violence. The targets of the terrorist attacks included in particular leading figures from the political and business fields.
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The EU?s aims and interests in the Black Sea region
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Combating allergies - The Federal Ministry of Food, Agriculture and Consumer Protection?s Action Plan to Combat Allergies
On 13 March 2007 Horst Seehofer, the Federal Minister of Food, Agriculture and Consumer Protection, published an Action Plan to Combat Allergies. The Action Plan focuses on cooperation with all players and aims to significantly improve the quality of life of those affected. To this end, six priorities for action were set. A conference with all players is planned for autumn 2007.
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EU Culture Programme 2007 - 1013
The new Culture Programme is a Community programme established for seven years (2007-2013). The general objective of the programme shall be to enhance the cultural area common to Europeans through the development of cultural cooperation between the creators, cultural players and cultural institutions of the countries taking part in the programme. The specific objectives of the programme are to promote the transnational mobility of people working in the cultural sector, to encourage the transnational circulation of works and cultural and artistic products and to encourage intercultural dialogue.
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Influence of embryonic and adult stem cells on carcinogenesis
In several types of human cancer so-called cancer stem cells have been found. As they resemble in some characteristics adult or embryonic stem cells, some researchers suppose that there is a connection between both types of cells. Under certain conditions, adult or embryonic stem cells may lose their genetic stability. Until now, the risk for teratoma formation is bigger for embryonic stem cells than the risk for adult stem cells to give rise to cancer.
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The ePassport
ePassports have been issued in the Federal Republic of Germany since 1 November 2005. These passports contain a chip on which personal information and a photo of the passport holder are stored. The storage of additional biometric data on the chip, e.g. fingerprints, is currently being tested. This issue of the Topical Term describes how the ePassport functions, how the information is read, and how it could be checked against records held in existing or future databases. Advocates of the system expect the introduction of ePassports ? and later identity cards with chips too ? to bring about a substantial increase in public security and to constitute a crucial step in combating crime and terrorism. Critics object that security gaps could open up the possibility of identity theft and the creation of a European reference database could lead to data-protection risks.
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As you like it: The Berlin Declaration
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Change to the Artists' Social Insurance Act
In its sitting of 22 March 2007, the Bundestag adopted the Third Act to Amend the Artists' Social Insurance Act. The Act provides for a more or less comprehensive register to be kept of organisations and companies liable to pay artists' social insurance contributions, with the help of the German pensions insurance authorities. The in-sured persons themselves are also to be monitored more closely in the future, in or-der to ensure that only those people who are really entitled to do so are insured through artists' social insurance. Artists' social insurance allows freelance artists and writers/journalists to insure themselves in the system of statutory health, pensions and long-term care insurance systems. Those insured only have to pay 50% of con-tributions themselves. Thirty percent of contributions come from what is known as the "social contribution for artists" and 20% takes the form of a federal subsidy. The Act is intended to make the system of contributions more just and place the sys-tem on a stable financial footing in the long term.
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Existing provisions concerning the "income-splitting system" for married couples and current proposals for reform
The current provisions on "income splitting" for married couples decrease the tax burden on married couples, especially if one of the partners earns significantly more than the other. The Federal Constitutional Court has declared this tax advantage for married couples to be in line with the constitution, since it is not a tax break, but rather an appropriate system of taxation based on the principle of protection of marriage and the family enshrined in Article 6 (1) of the Basic Law and on the economic situation of the married couples. Various alternative proposal on how to tax married couples are currently being discussed amongst policymakers in particular.
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50 years of the Treaties of Rome
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The Treaty of Rome
The Treaty of Rome, signed on 25 March 1957, is viewed as the founding document of the European Union. However, the origins of the European idea go back much further than this. Yet it was only after the Second World War that it was possible to create the necessary momentum for the European integration process through the foundation of the European Economic Community and Euratom and bring about the development of the European peaceful order.
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The European Atomic Energy Community (EURATOM)
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Second Life
Second Life is an Internet-based-virtual world with 4 million registered accounts. It enables its users to interact trough virtual characters called Avatars; the residents of Second Life can explore and build their world, they can meet or deal with other Residents, socialize, participate in individual and group activities. After coming to international attention via media, Second Life becomes more important concerning other sectors such as economy, politics and art. But Second Life has also encountered a number of challenges that range from technical problems to moral issues.
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From the treaties of the Six to the Union of 27 - the enlargement of the European Communities
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The principle of mutual recognition as regards the free movement of goods - Dassonville, Keck, Cassis de Dijon: are the landmark decisions outdated ?
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Subsisiarity - a test run for national parliaments
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The Middle East Quartet
In April 2002, against the background of a renewed escalation of violence in Israel and Palestine, representatives of the USA, the EU, Russia and the UN met in Madrid to coordinate their Middle East policies and bring new momentum, via a joint initiative, to the stalled peace process. At the same time, they decided to continue their cooperation in the form of regular meetings. This initiative has since been known as the "Middle East Quartet". Probably the most significant result thus far achieved by the Quartet is the "road map" produced in 2003, which was intended to set out the path to lasting peace in the Middle East. Following the failure ? for the time being ? of the road map, the Quartet has continued to seek to inject life into the peace process.
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Dissolution of the state of Prussia by the Allies sixty years ago
The state of Prussia, which by then existed in name only, was officially abolished by the four Allied occupying powers in Germany in Law No. 46 ("Dissolution of the State of Prussia"), passed by the Allied Control Council on 25 February 1947. This was the end of a state that, from the beginning of the 18th century onwards, at the latest, had played an important role in German and European history for almost 250 years.
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European agencies
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Amendments to the Berlin-Bonn Act and associated measures
This study examines whether there are objections under constitutional law to moving all of the federal ministries completely to Berlin. It concludes that there are not; however, an amendment to the Berlin-Bonn Act would be necessary.
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European Research Council (ERC)
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Policy Strategy 2008
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European critical infrastructure
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Redistributional effects due to public funding of universities
The public funding of university education is sometimes said to cause a regressive redistribution of income, meaning that the academically educated "upper classes" draw personal financial profit from their higher education, but society as a whole does not. This is often used as an argument in favour of introducing tuition fees at German universities. This document summarizes existing empirical studies on the redistributional effects of education funding in Germany, compares their methodical approaches, and confronts their conclusions. As a result, it is found that strong dissent persists in the scientific literature on the nature of any redistributional effects. The "regressive redistribution"-argument is therefore found to have a very weak empirical basis.
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2007 Anniversaries
This document concentrates mainly on historical and political anniversaries in 2007. It focuses especially on those events of particular importance for Germany's development. The document was produced as an addition to the paper entitled "Annual days of remembrance" (Selection for 2007) also produced by the German Bundestag.
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The ruling by the Federal Constitutional Court on inheritance tax and its implications for the reform of inheritance tax
In its judgement of 7 November 2006 (published on 31 January 2007), the Federal Constitutional Court ruled that existing inheritance and gift tax law is not compatible with the principle of equality laid down in Article 3 of the Basic Law and therefore unconstitutional. In particular, the fact that the value of housing wealth and business assets is calculated in a more favourable manner infringes the principle of equitable taxation. The Federal Constitutional court has now tasked the legislator with revising inheritance and gift taxation law by 31 December 2008. Until that point, the existing provisions will remain applicable. The Federal Government is now examining the extent to which the reform of inheritance and gift taxation already underway, aimed at relieving the tax burden on those who inherit businesses, can be continued in the aftermath of the Federal Constitutional Court Ruling.
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The Federal President?s power to grant pardons
Pardons are traditionally understood as an act of state which "tempers justice with mercy", and which is thus based not on law but on mercy, in the sense of goodwill, as a matter of discretion not regulated by law. The power to grant pardons is intended to balance out hardships and inequities caused by rulings under the Criminal Code. Under Article 60 of the Basic Law (Germany?s constitution), the Federal President has the power to grant pardons; in the Länder, or federal states, this power is held by the institutions specified in the Land constitutions. The power to grant pardons extends to rulings relating to criminal law or which are similar in nature.
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Gene doping
Gene doping is a new type of doping which is achieved by gene therapy to improve athletic performance. Until now, gene doping was not found during major competitions. However, testing strategies are developed throughout the whole world to prevent gene doping.
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On the way to an energy action plan for Europe
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Deployment of the Bundeswehr on domestic territory
The question of responsibility for such a deployment is controversial. The relevant legislation includes, in particular, the following articles of the constitution, the Basic Law: 35 (legal and administrative assistance), 87 a (armed forces) and 91 (aversion of danger to the basic order of the Federation). These articles are briefly explained.
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More transparency in the European Council
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Priorities of the German EU Presidency in the Southern Mediterranean - an overview
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The National Stability Pact
The Topical Term "The National Stability Pact" examines, against the background of the joint Commission on the Modernisation of Federation-Länder Financial Relations established on 15 December 2006, the deficiencies of the current financial rules enshrined in the constitution on avoiding and dealing with budgetary crises and limiting public debt in Germany. At the same time, the Topical Term sets out solutions proposed by the academic community and organisations responsible for providing policy advice regarding the creation of a National Stability Pact.
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The euro's international performance
The euro's international performance is generally established using the following criteria: use as a means of payment, use as a unit of account and use as a value-storing unit. Overall, the euro's performance since its introduction in 1999 has been good. The significance of the euro as a trade, investment, anchor and reserve currency has increased. Nevertheless, the US dollar's domination as a key currency remains unbroken in almost all areas.
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The evaluation of the Hartz I ? III labour-market reforms ? an overview
The Laws for Modern Services in the Labour Market (Hartz I ? III) represent a comprehensive reform of employment promotion measures which took place between 2002 and 2004. Following an interim report in Spring 2006, the Federal Government has now presented its final report on the new provisions on 20.12.2006. This report shows that some of the reforms have been successful, whilst others are on the right path. Criticism is expressed in some areas, however.
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Legal questions on religious and ideological communities
The office recently opened by the Scientology Organisation in the capital city of Berlin has revived the dispute over observation by the Berlin authority for protection of the constitution. The "Topical term" factsheet lists those Länder, or federal states, in which the organisation has been placed under observation in the last few years. It also summarises the statements which have been made by various courts on the status of the organisation as a religious or ideological community.
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The Minister-Presidents of the Free State of Bavaria since 1945
The Federal Republic of Germany is a federal state which consists of 16 Länder, or states. The Länder participate in Germany?s political system. The Free State of Bavaria is the largest Land in geographical terms. Under the Bavarian constitution, the state government is headed by a Minister-President elected by the Land Parliament for a five-year term of office. He or she determines the general guidelines of policy, appoints the ministers and state secretaries and represents Bavaria externally. Since 1945 there have been eight Minister-Presidents of the Free State of Bavaria to date. With the exception of Wilhelm Hoegner (Social Democratic Party of Germany), all Bavarian Minister-Presidents thus far have been members of the Christian Social Union (CSU).
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Federal share of the cost of accommodation/heating benefits under Article 46, Book II of the Social Code
Under Book II of the Social Code, the municipalities are obliged to bear the cost of necessary 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 around 2.5bn euros per annum by the Fourth Law for Modern Services in the Labour Market (Hartz IV), taking into account the savings for the Länder (federal states) of around 2.5bn euros per annum, the Federation pays a certain percentage of these costs. The First Act to Amend the Second Book of the Social Code of 22 December 2005, obliged the Federation to cover 29.1% of the costs of accommodation and heating for recipients of the basic income for jobseekers in 2005 and 2006. New provisions in the framework of a federal law were planned for the years from 2007 onwards. This Act to Amend the Second Book of the Social Code entered into force on 1 January 2007. The Federation's contribution for 14 of the Länder, or states, has been set at 31.2% for 2007. For Baden-Württemberg, the level is at 35.2% and for Rhineland-Palatinate 41.2%. From 2008, the Federation's contribution will be calculated each year depending on the number of eligible households, in line with mathematical formula laid down by law. New provisions governing the Federation's contribution from 2011 onwards will be introduced by a federal law.
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CFSP, ESDP and their instruments - an overview
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Impacts of European law on church employment law
EU anti-discrimination law which was implemented in Germany through the General Equal Treatment Act has a significant potential to influence the employment law of the churches, whose constitutionally guaranteed right of self-determination is not as strong at EU level as in Germany. The study gives a brief overview of the impacts of the law at European level on church employment law.
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The state of research into and the potential of embryonic and adult stem cells
As stem cells have the ability to form new somatic cells, research into them primarily aims to examine to what extent they can replace damaged cells, tissue or organs, repair them or induce them to repair themselves. Adult stem cells are used in the treatment of certain forms of leukaemia; clinical studies testing their effects on other conditions are being carried out. Stem cells from umbilical cord blood are used to treat certain forms of leukaemia which occur during childhood. Regarding embryonic stem cells, attempts are being made to derive cell lines which come closer to meeting the requirements for clinical studies than previous cell lines. In 2006 two embryonic stem cell lines were derived which are free of impurities and which were cultivated in defined conditions.
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EU and Globalization
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Legal requirements relating to efforts to save the Constitution for Europe
The Topical Term sets out the fundamental legal conditions that must be taken into account when considering how to save the Constitution for Europe. In addition, it features a table providing an overview of the status of the ratification process in the EU Member States.