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Research papers published by the Research Services of the German Bundestag - 2008
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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European Year of Creativity and Innovation 2009
The European Year of Creativity and Innovation (EYIC2009) has the objective to raise awareness of importance of creativity and innovation for personal, social and economic development, to disseminate good practices, stimulate education and research, and promote policy debate and development. Artistic creation and new approaches in culture should also receive due attention, as important means of communication between people in Europe and in the follow-up to the ongoing European Year of Intercultural Dialogue (2008). The European Year of Innovation and Creativity is proposed as a cross-cutting initiative covering not only education and culture, but also other policy domains such as enterprise, media, research, social and regional policy and rural development. It should include information and awareness-raising campaigns, promotion of good practices, debates, meetings, conferences and promote a wide variety of projects at regional, national and European level.
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The application of Sharia law in Germany
Sharia is the Arab term for Islamic law. In Germany, provisions of Sharia law can be applied pursuant to German international private law (IPR). German international private law determines which legal system is to be applied in cases where there is a foreign connection.
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The ASEAN Charter: foundation for reinforced regional cooperation and commitment to human rights protection?
On 15 December 2008, the new Charter of the Association of Southeast Asian Nations (ASEAN) came into force. With the conclusion of the ASEAN Charter, the organisation, founded as a regional community in 1967 in the form of a loose political grouping, created for the first time a legally binding institutional framework. The Charter is intended to form the basis for a security, economic and socio-cultural community of states, whose members are committed to protecting and promoting democracy, the rule of law, human rights and fundamental freedoms.
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Late abortions and criminal law
A political discussion is currently taking place on the issue of late abortions. This issue of the Topical Term examines relevant provisions of criminal law.
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State symbols: the federal eagle
Within the framework of political symbols, coats of arms, seals, colours, flags, national anthems, capital cities and national holidays are among the symbols of the state which serve as the embodiment and public face of a state. In addition to this representative function, they are emblems conveying the fundamental traditions and values of a state. State symbols embody the traditional values of the political culture. The German state symbol with the richest tradition is the federal eagle: its predecessors can be traced back to the time of the Holy Roman Empire. In its current form, it continues traditions from the Weimar Republic.
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Retrials in criminal cases
Anyone who has been convicted by final judgement or acquitted in a criminal case may not be subject to renewed criminal proceedings or prosecution. This principle, known as ne bis in idem (literally "not twice for the same" in Latin), which is directly enshrined in the Basic Law (Article 103 (3)), can be overridden under certain conditions, allowing a "retrial" to take place. The Bundestag is currently deliberating on a bill from the Bundesrat aimed at extending the current framework for retrials in criminal cases – to include, for example, cases in which a DNA analysis retrospectively provides clear evidence of the guilt of someone who has been acquitted (Bundestag printed paper 16/7957).
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A gas pipeline from Nigeria to the Mediterranean? Discussion in the European Commission on the construction of a pipeline through the Sahara
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Hybrids, cybrids and chimeras
This issue of the Topical Term deals with the subject of organisms with genetic information from two or more representatives of the same species or of different species. A distinction is made between three types: hybrids, cybrids and chimeras.
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The constitution of the Czech Republic
Since the Czech Republic is due to assume the Presidency of the Council of the European Union on 1 January 2009, there is a growing public focus on the power and decision-making structures of this country, still a new member of the EU. The bicameral parliament has a strong position, while the president’s constitutional powers appear limited.
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10 December 1948: 60 years of the Universal Declaration of Human Rights
On 10 December 1948, the General Assembly of the United Nations adopted the "Universal Declaration of Human Rights". The declaration enshrines both individual freedoms and economic, social and cultural rights, although it is not legally binding in itself. Today, it is still regarded as the supreme concrete expression of the UN's overarching goal of promoting and reinforcing human rights and fundamental freedoms. The Declaration continues to serve as a yardstick across the world for the establishment of binding human rights guarantees.
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Poland four years after EU accession (3) - Impacts of EU accession on the Polish labour markets
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Short-time work
The length of time for which people can claim the short-time allowance (Kurzarbeitergeld) is being extended to 18 months due to the international financial crisis. This new regulation will apply for one year from 1 January 2009. The Institute for Employment Research (IAB) estimates that the number of short-time workers will more than double in the coming year, reaching around 160,000 workers. The short-time allowance is a benefit paid to compensate workers for the loss of earning resulting from a reduction in working time; it is calculated by the Federal Employment Agency (BA) and paid from unemployment insurance funds.
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November 1938: Beginning of the "Kindertransports" to the United Kingdom
Between the end of November 1938 and the outbreak of the Second World War on 1 September 1939, almost 10,000 children considered "Jewish" according to the definition used in the Nuremberg laws emigrated to the United Kingdom from Germany, Austria (already annexed by Germany), Czechoslovakia, the town of Zbąszyń (part of Poland, following the Treaty of Versailles) and the Free City of Danzig. The children travelled to Britain by train and by ship. The rules gave them little time to say goodbye to their parents. Most of the children never saw their parents again; they were often the only members of their family to survive the Holocaust.
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Berlin City Palace
From the end of the 1990s onwards, the German Bundestag examined the question of redesigning the centre of the Spree Island. On 4 July 2002, the Bundestag decided by a broad majority to have a building constructed on this site whose outer facades would be built along the same lines as the former Berlin City Palace. The Bundestag's decision stipulates that the northern, western and southern sides of the building should be replicas of the baroque facades of the old palace, which was demolished in 1950 by the authorities of the German Democratic Republic. The decision also states that the Schlüterhof (small palace courtyard) should be reconstructed. Around six years after the original decision, on 28 November 2008, an international jury announced the winner of the architectural competition for the reconstruction of the Berlin Palace and the construction of the Humboldtforum on the palace site.
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Expulsion from a political party
The Law on Political Parties states that a member "may only be expelled from the party if he deliberately infringes the statutes or the principles of discipline of the party, thereby inflicting serious damage on the party." A member can therefore be expelled from a political party for infringement of any one of the party's statutory provisions. The requirement to respect party discipline includes, for example, the obligation to take general account of party interests. The principles referred to in the Law are viewed as being a party's fundamental policy statements. The Law on Political Parties states that decisions on expulsion must be taken by the competent arbitration court. The right to appeal to a higher arbitration court is guaranteed.
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Constitutional reform in France: a new role for Parliament
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Introduction of female suffrage on 12 November 1918
With the proclamation by the Council of People’s Representatives on 12 November 1918, women's suffrage was anchored in law in Germany for the first time. The introduction of women's right to vote satisfied a demand for which women's organisations had been fighting in vain for many years. The traditional idea of women's role, whereby they were to meet the needs of men and were entirely banished to the domestic sphere, had foiled all attempts to allow women to play an active part in political life. The introduction of women's suffrage in the context of the 1918 revolution represented an important milestone on the long and arduous path to women playing an adequate role in political life.
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Sustainability and the debate about enshrining "Equity Between Generations" into the Basic Law for the Federal Republic of Germany (constitution)
In October 2008, the parliamentary consultative committee for "sustainable development" discussed about enshrining "Equity between Generations" into the German Basic Law. The acceptance of a long-term responsibility and the consideration of the future generations’ interests are only one aspect of a comprehensive and interdisciplinary conception of sustainability, which brings up ecological, economical and political questions.
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From the banking crisis of 1931 to the banking inquiry of 1933
In the summer of 1931, at the height of the world economic crisis, a series of events of previously unimaginable proportions unfolded in Germany. Within a few weeks, there was a run on German banks by their creditors and customers. Each day, many loans were cancelled and deposits withdrawn, until finally the first bank was forced to stop making payments. The government of the German Reich could only prevent further banks from collapsing by imposing bank holidays when no payments of any kind were carried out. Business as normal did not resume until weeks later. Until then, customers had only very limited access to their deposits. The German Reich was forced to spend almost a billion Reichsmark on bailing out the banks. A banking inquiry in 1933 examined the causes of the crisis, and its conclusions fed into the Banking Act of 1934.
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Poland for years after EU accession (1) - Implementation of the acquis communautaire
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The November Revolution in 1918
The November Revolution in 1918 meant the end of the constitutional monarchy in Germany and the beginning of parliamentary democracy. A sailors' mutiny within the German High Seas Fleet rapidly developed into a mass movement of revolution against the monarchical system, leading amongst other things to the abdication of the Kaiser. The social democratic parties, split since 1917 into the Majority Social Democrats (MSPD) and the Independent Social Democratic Party (USPD), took command of the November Revolution and attempted to steer the revolutionary movement in line with their own ideals. The USPD was in favour of a socialist soviet republic, whilst the MSPD wanted to bring about a parliamentary democracy. With the election of the constituent assembly on 19 January 1919, it was clear that the path of revolution had ushered in a parliamentary democracy.
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Barack H. Obama - the future 44th President of the United States
The designated 44th US President, Barack H. Obama, will take up office on 20 January 2009. His future policies are likely to differ in many areas from those of his Republican predecessor, George W. Bush. For example, his financial and economic policy is likely to assign a greater role to public investment and regulation, and he is likely to pursue welfare-oriented reform of social security systems, an improvement in primary education, and an energy and climate policy which focuses more on sustainability. Under Obama, US foreign policy could lead to a reshaping of the transatlantic partnership and to the US re-evaluating international institutions and multilateral cooperation.
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Registers of lobbyists: an international comparison
A discussion is currently taking place on proposals to reorganise the Bundestag’s existing register of associations and to establish a register of lobbyists for the Federal Government for the first time. This issue of the Topical Term analyses existing registers of lobbyists in the European Union and North America, and provides a basis for comparison for the planned changes to German law.
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ECJ ruling on "terror"lists
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Laws relating to the Treaty of Lisbon: certification, promulgation, entry into force
The Treaty of Lisbon is being implemented in Germany via three laws. The national ratifica-tion process has been completed for two of them. This issue of the Topical Term identifies the laws in question, and compares the current legal situation with that for the implementation of the Treaty of Maastricht. An explanation of the terms "certification", "promulgation" and "entry into force" is also provided
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Poland four years after EU accession (2) - Economic impacts of membership
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Pension sharing on divorce
The Bundestag is currently examining the Federal Government's proposal for a fundamental structural reform of pension sharing on divorce (draft Act for a structural reform of pension sharing on divorce - VAStrRefG - of 20 August 2008, Bundestag printed paper 16/10144). This issue of the Topical Term provides an introduction to the bill, based on the law as it stands.
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Completion of the implementation of the Treaty of Lisbon in Germany
The Federal President has signed the German laws implementing the Treaty of Lisbon. However, the instrument of ratification has not yet been deposited, as an action is still pending before the Federal Constitutional Court. This issue of the Topical Term examines the two levels of the ratification process and sets out the current status regarding implementation in the other Member States.
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Death of the bees
Honeybees are used in agricultural production and are of high importance to humans both in ecological and economic terms. Yet honey bees react very sensitively to changes in the environment. Over the last decades, this has frequently led to mass deaths of bees in various countries. The reasons for this are diverse. Diseases and parasites are seen as being the main causes of loss of bee colonies. In spring 2008, mass losses of bee populations were also seen in Germany - caused by the incorrect use of pesticides. Additionally, an increased occurrence of bee deaths has been observed in the USA since 2004. The cause of this phenomenon, known as "Colony Collapse Disorder" (CCD), is so far unknown.
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Asset-backed securities and the subprime crisis
The current financial crisis is resulting in disruption of the capital markets worldwide, causing the insolvency of many credit institutions and is now also having an impact on the real economy. Asset-backed securities (ABS) played an important role in causing the financial crisis. To enable the reader to better understand the financial crisis and its origins, the text briefly explains how this financial instrument works, before going on to examine its role in the current crisis. The text shows that ABS can hold considerable benefits for banks and the financial market in general, but can also hold a dangerous appeal, making market regulation necessary.
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The tax identification number
By 31 December 2008, all German citizens will have received an official letter informing them of their national tax identification number (tax ID) and the data associated with it. With the introduction of the tax ID, Germany is following an example set by several neighbours in the European Union. The eleven-digit tax ID will replace the previous tax number for natural persons and is valid for life. The data stored includes a person's last name, former names, first names, doctoral title, date and place of birth, gender, current or former address, date of death, etc. The assignment of a tax identification number as part of a uniform, national system, pursuant to Sections 139a et seq. of the Fiscal Code (AO) is intended to reduce bureaucracy and increase the transparency of the tax system, making it possible to tackle tax crime more effectively.
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Classification of acts preparing acts of terrorism as criminal offences
Discussions are currently ongoing within the Federal Government on a reform to the Criminal Code (Strafgesetzuch, StGB) which would classify as criminal offences various activities including participation in terror camps or dissemination of information on bomb making. This has led to heated discussions as to whether preparatory actions of this kind can or ought to be classified as criminal offences and, if so, in which circumstances. Many commentators point to the fact that the threshold for criminal liability under German criminal law is, in principle, not crossed until attempts have been made to commit a crime and that mere preparatory acts cannot be classified as criminal offences. In this context, people warn against creating a criminal law which punishes people for their convictions.
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Transmutation of radioactive waste - solution to the problem of final disposal?
The problem of how to deal with highly radioactive waste has not yet been definitively resolved anywhere in the world. Another option has recently come under discussion as an alternative to storing waste underground for millions of years: the term "transmutation" describes the conversion of long-lived radionuclides by irradiating them with neutrons. This could significantly speed up the rate of decay. Whether or not this idea is technically feasible is the subject of much debate.
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Point Alpha - historic location - memorial, foundation and prize
Sir Peter Ustinov once described one of the US armed forces' four observation posts along the inner-German border as the most dangerous place on earth. Today, the Point Alpha memorial and place of encounter documents the history of the armed forces along the border which, for decades, divided Eastern and Western Europe. The memorial is funded through the Point Alpha Foundation. The Point Alpha Prize, awarded by the Kuratorium Deutsche Einheit, honours "contributions to the unity of Germany and Europe in peace and liberty".
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Equal opportunities for women in science and research
The ratio of female scientists in German research institutions still remains far below 50%. Actors in both the scientific and political fields have recently taken initiatives to accelerate the growth in the percentage of women holding higher scientific positions: The Federal Ministry of Education and Research (BMBF) launched a "Female Professors Program", while the German Research Foundation (DFG) enacted a voluntary commitment asking its institutional members to implement a "cascade model" in which the quota of women is to be gradually enhanced at all levels of scientific careers.
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The election of the Federal President by the Federal Convention
The Federal President is the Federal Republic of Germany’s head of state. Pursuant to Article 54 (1) of the Basic Law, the President is elected by a body known as the Federal Convention. The Federal Convention, as set out in Article 54 (3) of the Basic Law, consists of the Members of the Bundestag and an equal number of members elected by the parliaments of the Länder on the basis of proportional representation. This Topical Term fact sheet explains the details of the composition of the Federal Convention and its electoral procedures.
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Google Chrome
Google Chrome is a browser that combines a minimal design with sophisticated technology to make the web faster, safer, and easier. A beta version for Microsoft Windows was released on 2 September 2008. Primary design goals were improvements in security, speed and stability compared to existing browsers. There were also extensive changes in the user interface.
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Religious education and ethics classes in schools in the Länder
Under Article 7 (1) of the Basic Law, religious instruction forms part of the regular curriculum in state schools, with the exception of non-denominational schools. Regulating the school system and thus also the way in which this constitutional requirement is dealt with is the responsibility of the Länder (Germany's federal states). All of the Länder's education laws and most of their constitutions contain clauses about religious education in schools and the respective alternative subject of ethics or philosophy. This issue of the Topical Term compares the relevant regulations in the legislation of the Länder.
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Financing of culture: The Cultural Finance Report 2008
The financing of culture in the Federal Republic of Germany rests on several pillars. In keeping with the subsidiarity principle, funding culture is the responsibility of the citizens and their local communities. The local authorities bear the largest share of financing for culture, followed by the Länder. Because of its limited powers in this area, central government provides only limited funding. According to the Cultural Finance Report 2008 of the Federal Statistical Office, the Federation, Länder and municipalities spent a total of 8.1 Billion Euro on culture in 2007.
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The LHC project at CERN: any danger from black holes?
The Large Hadron Collider, a new particle accelerator for physics research at CERN, Geneva, will make elementary particles collide at unprecedented energies. Some observers have recently voiced concerns that these collisions might lead to the first-time production of microscopic black holes, which might subsequently grow and endanger the environment or even destroy the entire planet earth. This text briefly introduces the background of elementary particle physics and the activities at CERN, reviews existing procedures for impact assessment and risk analysis in the context of innovative research facilities, and explains in some detail the rationale behind and the level of plausibility of four different kinds of "doomsday scenarios" (black holes, strangelets, magnetic monopoles, new vacuum state). The analysis concludes that the actual threat posed by the LHC is most probably very low.
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The Concept of Co-Development as a Bridge Between Migration and Development
The concept of co-development, which was majorly brought forward by French politicians, aims at combining migration and development in such a way that migrants actively engage in contributing to strengthening the cooperation between countries of origin and destination in order to foster development. This objective can primarily be supported by temporary circular instead of permanent migration between the sending and receiving states. The development concept enables the countries of origin to profit from "brain gain" and capital transfer while the countries of destination benefit from coordination as well as control of migration.
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ABS regime: access to genetic resources and benefit sharing
With increasing knowledge of biodiversity and the continued development of biotechnology and molecular biology, commercial use of "genetic resources" is also moving forward. In the past, genetic resources often came from developing countries, but were utilised commercially in the industrialised nations. This practice, known as "biopiracy", is the subject of criticism. The UN Convention on Biodiversity already contains fundamental provisions on dealing with genetic resources and the sharing of the benefits arising from their utilisation. Nevertheless, an international agreement is now planned to give more concrete form to these requirements.
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The composition of the Parliamentary Council
The Parliamentary Council met in Bonn between 1 September 1948 and 23 May 1949 to draft the Basic Law, the constitution for the Federal Republic of Germany. The Council was made up of 65 members of parliament. The members of the Council had not been directly elected to the Council by voters; they were Members of the Land Parliaments of the eleven Länder in the Western zones of occupation and were appointed on the basis of the results of the previous Land elections. Many of them had already gained parliamentary experience before 1933. Three of the Council's members had already been involved in drafting the Constitution of the Weimar Republic.
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Introduction of the Abgeltungsteuer (flat-rate withholding tax)
From 1 January 2009, in the framework of the 2008 law reforming corporate tax, a flat-rate tax on private income from capital and profits from the sale of securities is to be introduced – the Abgeltungsteuer. The Abgeltungsteuer (25% plus solidarity surcharge, plus church tax for those liable) replaces the previous capital gains tax and takes the form of a withholding tax; once the tax has been withheld, the capital income does not need to be declared in the income tax declaration. People liable to tax at a rate of below 25% may choose to be taxed under the old taxation system, which is in line with a person's individual rate of taxation. Any credit institution in Germany which holds investments is required to deduct the tax and transfer these revenues to the finance authorities. The idea behind the introduction of the flat-rate Abgeltungsteuer is to prevent tax flight to other countries.
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Small Business Act - Think small first
On 19 June 2008 the European Commission adopted the "Small Business Act - Think small first". This "Act" (which is not legally binding) is intended to create uniform competitive conditions for small and medium-sized enterprises (SMEs) and to strengthen society's recognition of the importance of these companies. To achieve these objectives, the EU Commission is proposing legislation in four areas.
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The OECD's role in shaping globalisation
The OECD has taken on a politically significant role in the framework of globalisation, allowing it to have an impact on the globalisation process far beyond the borders of its 30 member states. By disseminating information and issuing recommendations and codes of good practice, it is helping to ensure coherent development of the individual national markets. For this reason, the OECD is already today regarded as having sovereign powers.
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The Baltic Sea-Pipeline
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Baby hatches and anonymous births
In Germany, baby hatches are operated and anonymous births have taken place despite there being no legal basis for this. According to the Federal Government, there are currently 80 baby hatches and 130 clinics offering women the possibility of giving birth anonymously. In the coalition agreement, it was agreed that experience with both options would be assessed and – if necessary – legislative provisions created
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Prague Spring, 1968
In the night from 20 to 21 August 1968, a military intervention in Czechoslovakia by several Warsaw Pact states, led by the Soviet Union, violently put down the so-called "Prague Spring". "Prague Spring" (Pražské jaro) – originally the title of a music festival held in Prague each May since 1946 – was the name given to the attempt by the leadership of the Communist Party of Czechoslovakia (KPČ), between January and August 1968, to introduce peaceful reforms and practise "socialism with a human face". Together with the uprisings in the GDR in 1953 and Hungary in 1956, it is one of the most important attempts – ended by the Soviet Union using military force – to overcome the Soviet socialist model in the states of East-Central Europe between 1945 and 1989.
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Binge drinking
According to the Federal Government's Addiction and Drug Report 2008, the number of children and young people requiring medical treatment for acute alcohol poisoning more than doubled in Germany from 2000 to 2006. Regular alcohol consumption in this age group also rose. The Federal Government has launched various projects to counter alcohol abuse.
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The Commission's 2008 progress reports on Bulgaria and Romania
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Illegal migration from South America to Europe
On 18 June of this year, the European Parliament approved the Commission's pro-posal for a Directive on common standards and procedures in Member States for returning illegally staying third-country nationals. The Commission's draft sparked major protests from Latin American governments and raised the profile of the issue of migration from Latin American to Europe in the public consciousness. This Topical Term focuses on the question of the amount, causes and consequences of migration from this region.
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The Federal Constitutional Court's ruling on the smoking ban
The Federal Constitutional Court views the regulations permitting an exception to the smoking ban for restaurants and bars with separate smoking rooms as violating the principle of equality of occupational freedom for operators of small establishments (one-room bars). Furthermore, if a law for the protection of non-smokers allows smoking rooms to be set up in restaurants and bars as an exception to the smoking ban, the blanket denial of this advantage to discos is not justified.
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The European Court of Auditors "THE EU's financial conscience"
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The election of the President of the United States of America
Presidential elections are to be held in the United States on 4 November 2008 to elect the 44th US president and the vice-president. Under the US constitution, the president, who holds the highest state office in the US system of government, is elected every four years. The president is not elected directly by the population, but by an electoral college.
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The history of the US presidential elections
Since the end of the Second World War, 15 presidential elections (1948-2004) have taken place; nine were won by Republic candidates, six by Democratic candidates. The 2008 elections are the first since 1952 in which neither the serving president nor vice-president are standing. For the first time since 1945, the two main candidates – Barack Obama and John McCain – are senators.
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"Gefährder"
The German term "Gefährder" ('potential perpetrator') is frequently used in the security-policy debate, but there is no real agreement as to its meaning. This Topical Term sets out the German government's definition of the term and explains in what contexts the term "Gefährder" is used.
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Language in the Basic Law
There have been repeated calls for the German language to be enshrined in the Basic Law (the German constitution). This Topical Term sets out the course of the debate and examines the possibilities under constitutional law for a reference to the German language to be included in the Basic Law. The Topical Term also offers an overview of the situation in the other EU Member States.
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Donor harmonisation as a means of improving the effectiveness of development cooperation
Efforts in the field of development policy must be further strengthened in view of the Millennium Development Goals. For this reason, the Paris Declaration on Aid Effectiveness has, based on the work of the United Nations high-level forums, set new priorities for development cooperation: it should in future be characterised by the principles of ownership, alignment with partners' strategies, harmonisation, managing for results, and mutual accountability of donors and recipients. The aim is to improve the efficiency and effectiveness of development cooperation. Agreements between donor countries regarding aid are referred to as "donor harmonisation" (or donor coordination). Progress in implementing the Declaration is to be reviewed at a conference in Accra, the capital of Ghana, from 2 to 4 September 2008. The future course of action for donor countries is to be set out in an agenda for action at this conference.
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The French Presidency of the EU
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Recent developments in electoral law
The Federal Constitutional Court has declared anti-constitutional the clauses of the Federal Electoral Act which produce an effect, known as ‘negative vote weighting’, where votes work against the party they are cast for. The Federal Constitutional Court has declared the five per cent threshold in local elections in Schleswig-Holstein, which requires parties to win at least five per cent of the votes in order to gain seats, to be unconstitutional and has repealed the measure. The Act to Amend the Law on Elections and the Legal Status of Members of the Bundestag amended the provisions in the Federal Electoral Act on the selection of party candidates for election, preventing parties from placing members of another party on their lists.
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Status of the ratification process for the Treaty of Lisbon
This Topical Term sets out the fundamental legal conditions that must be taken into account when considering how to proceed following the ‘no’ vote in the Irish referendum on the Treaty of Lisbon. In addition, it features a table providing an overview of the status of the ratification process in the EU Member States.
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Developments relating to climate policy in the United States
Although in international negotiations today the United States still rejects ratification of the Kyoto Protocol, the individual states are increasingly willing to pursue an active climate-protection policy. California is playing a special role: it was the first state to adopt binding reduction targets, and is currently pressing for regulation of emissions from transportation. This development is being reinforced by regional initiatives involving several states. The gradual changes in domestic climate-protection policy are also reflected in cross-party bills in the US Congress aiming to reduce greenhouse gas emissions via binding maximum limits.
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Federal Government Culture and Creative Industry Initiative
The economic significance of the culture and creative industry has been moving more and more into the focus of national and international policy-making in recent times. The initiative of the Federal Government aims to develop political support for the culture and creative industry by strengthening its competitiveness and by making better use of and developing its employment potential. To this end, it is necessary to examine the extent to which existing support and instruments can be adapted. In addition more work needs to be done to adopt appropriate standards and definitions.
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Legal services law
On 1 July 2008, the Legal Services Act (Rechtsberatungsgesetz - RDG) will come into force in the framework of a fundamental reform. This new law will replace the Law on Legal Counselling (RBerG), and, on the basis of a new act on reform of legal counselling, the current Law on Legal Counselling will cease to have effect on the same day. The declared goal of the Legal Services Act is to protect those seeking legal recourse whilst encouraging civic engagement in the field of legal counselling through liberalisation.
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Delimitation of the continental shelf in the Arctic
Against the background of Arctic thaw, extraction of the raw materials believed to be located under the Arctic Ocean no longer seems inconceivable. The littoral states are thus attempting to extend the defined limits of their own continental shelves as far as possible – entitling them, amongst other things, to extract the raw materials found there. This "Topical Term" examines the substantive criteria laid down in the Convention on the Law of the Sea, as well as the procedures used in delimiting the continental shelf.
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Top-down and bottom-up in the budgetary system
For some time, a project at the Federal Ministry of Finance has been examining the question of "modernisation of the budgetary and accounting system". The "top-down approach" is playing a key role in these discussions. This approach to preparing the budget means that the individual government departments are presented with their concrete budget frameworks by the Federal Minister of Finance. Currently in Germany, the "bottom-up principle" is applied in preparing the federal budget. This means that the individual departments inform the Federal Minister of Finance of the level of financing they require. Whether a paradigm shift will indeed take place remains to be seen.
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The effects of EU agricultural subsidies on African agriculture
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Certificate trading system for renewable energies
Extending the use of renewable energies is one of the central elements of European climate protection policy. In 2007, the Council of the European Union adopted an action plan to increase the proportion of electricity generated by renewable energies to 20% by 2020. In order to create market incentives for energy generated from renewable energies, a system of trading with Guarantees of Origin for renewable energies exists at EU level. A new proposed directive provides for the extension of this system. Despite similar goals, this system differs in its effects from national systems for promoting renewables such as the German Renewable Energies Sources Act (EEG).
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Consumer price development in Germany in 2008
In May 2008, the price for one barrel of WTI oil reached the record level of $135. At the same time, rapid increases in prices for agricultural commodities like wheat or rice and the resulting food crisis for large sections of the population in the emerging and developing countries attracted public attention. The price increases on the worldwide commodities markets were also felt by German consumers: petrol and diesel became more and more expensive and consumers had to pay considerably more for many food items than only a year earlier. The extent to which these developments reflect overall rises in inflation is illustrated by the rise in consumer prices in Germany.
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Responsibility to Protect
The concept of "responsibility to protect" developed as a result of the humanitarian and human-rights crises of the 1990s, in particular the genocide and ethnic cleansings in Rwanda in 1994 and during the Balkan wars from 1991 to 1999. The concept firstly sets out a responsibility on the part of every state to ensure adequate protection of its own population. At a secondary level, it also includes an international responsibility to protect, should a state be unable or unwilling to fulfil its primary responsibility.
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Doping in recreational and mass sport
Recreational sports in clubs and commercial sports facilities are widespread in Germany. However doping and drug abuse also exist in this area. The health-threatening potential of these substances is considerable. The Pharmaceutical Products Act (Sections 6a, 95) stipulates that the "placing on the market, prescribing or administering of medicinal products to others for the purpose of doping in sport" are liable to imprisonment or to a fine. These legal measures concentrate mainly on High performance sports whereas the fight against doping in recreational and mass sport is strengthened primarily through prevention and awareness-raising measures.
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EU-Japan Presidential Summit
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Change of system following the Treaty of Lisbon for legislative procedures already underway
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European criminal law
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A parliamentary army under executive command
The Federal Constitutional Court’s ruling of 7 May 2008 on an operation involving German soldiers in AWACS aircraft over Turkey in spring 2003 marks another step on the path towards a greater role for parliament in the decision-making process in the field of the Federal Republic of Germany’s foreign and security policy. The Federal Constitutional Court has refined and significantly developed its past rulings by outlining in functional and constitutional terms the concept of a ‘parliamentary army’. This is leading in some respects to a shift in the relationship between the Bundestag and the Federal Government regarding the separation of powers in the field of foreign relations: the use of military force marks the boundary of the executive’s otherwise generous latitude in the field of foreign affairs. In view of the function and significance of the constitutional requirement to obtain Parliament’s approval for military operations abroad, the scope of this requirement must not be defined restrictively.
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Agriculture Markets booming - World Food in Distress
For various reasons, between January 2007 and May 2008, prices for food grains and oilseeds have been exploding. "Donors must act now to feed hungry, wheat prices are up 120 %, rice prices are up 75%" says Robert B. Zoellick, President of the Worldbank. "Higher food prices are not a thread, but they open opportunities", says FAO General Director Jack Diouf. Economists think, that agriculture - after almost 40 years of shrinkage and stagnation, has a now a good chance to become a thriving sector for the next twenty or 30 years. And a number of professional investors, as well as bargain hunters have rearranged their stock market portfolios towards "soft commodities".
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EU mediation directive
On 23 April 2008, the European Parliament formally approved at second reading the Directive on certain aspects of mediation in civil and commercial matters (known as the Mediation Directive). The Directive, intended to reinforce mediation as an alternative dispute-resolution mechanism in civil and commercial cases, has to be transposed into national law by the Member States within three years of its adoption. It is possible that, in the process of transposition into national law in Germany, provisions on national mediation proceedings may be created at the same time.
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The discussion on EC/EU accession to the European Convention on Human Rights (ECHR)
On 17 April 2008, the Council of Europe Parliamentary Assembly made a recommendation, supported by a large majority, to the Committee of Ministers of the Council of Europe, calling for the immediate launch of negotia-tions with the European Union on EU accession to the European Convention on Human Rights (ECHR). Thus, the Parliamentary Assembly has placed on the political agenda of the Council of Europe once again the decades-old debate on EG/EU accession to the ECHR. At the same time, the EU is creating the legal framework for ac-cession through the Treaty of Lisbon.
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The Federal Security Council
The Federal Security Council is a Federal Government committee established as early as 1955 to coordinate German security policy. Although the committee is chaired by the head of government, it is a body of the cabinet as a whole. Not all Federal Ministers belong to the committee, however. The meetings of this cabinet committee are secret; its decisions are generally forwarded to the Federal Government as recommendations only.
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Cooperation between the Federal Intelligence Service and the public prosecution office in criminal investigations
According to media reports, the Federal Intelligence Service (BND) played a role in the investigations into suspected systematic tax evasion on a massive scale by German citizens using banks in Liechtenstein. This has raised the question of whether and, if so, within what limits the Federal Intelligence Service is permitted to act in the context of criminal investigations
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Long-term care support centres in the Act to Reform Long-Term Care
One important element contained in the Act to Reform Long-Term Care, which will enter into force on 1 July 2008, is the establishment of long-term care support centres in Germany. These are intended, while taking existing structures into account, to provide a one-stop access point for services and advice to those in need of long term care and their relatives.
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Rail reform and privatisation
The German parliament fundamentally reformed the federal railways in 1993/94. Monopolistic federal agencies were turned into a private company, Deutsche Bahn Aktiengesellschaft (DB AG), which is, however, still fully owned by the state. In recent years there has therefore been a wide-ranging political controversy about the sale of part of DB AG to private investors. A compromise is now emerging which looks very likely to be implemented. The rail network will return to state ownership and 24.9% of DB AG will be sold.
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The Energy-Using Products Act (EBPG)
The Energy-Using Products Act (Energiebetriebene-Produkte-Gesetz) is intended to regulate the ecodesign requirements von energy-using products such as PCs, refrigerators or boilers uniformly throughout Germany. It is based on an EU Directive, and will be a framework law. In the coming years, successive regulations will be issued for separate categories of energy-using products, defining the requirements that must be met in terms of energy efficiency and environmental performance. This text sets out the contents of the EU Directive, the transposition into German law, and possible consequences for the environment and business.
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The national parliaments in the European Union
The Treaty of Lisbon increases the significance of the national parliaments. In addition to the Protocol on the Role of National Parliaments in the European Union, they are mentioned for the first time in the Treaty proper, as well as in the Protocol on the Application of the Principles of Subsidiarity and Proportionality.
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Abstract: Human rights and the question of "interference in internal affairs"
The principle of non-intervention enshrined in international law prohibits states from interfering in the "domestic jurisdiction" - also called the domaine réservé - of another state. Intervention carried out with the threat or use of coercion is classed as "interference" and prohibited. The domaine réservé can be restricted by regulations in international law relating to a specific field of policy. Respect for fundamental human rights can be considered sufficiently established in international law. For a state to concern itself with the human rights situation in another state generally does not constitute a violation of the ban on intervention.
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The "Copenhagen Process"
The "Copenhagen Process" stems from the decision taken in 2002 on increased European cooperation in the area of vocational (continuing) education and training. This "Topical Term" examines developments on the goals developed and the current situation concerning the goals, along with the instruments and measures agreed on by the European states to achieve them. The European Qualifications Framework, which was given concrete form through the establishment of the German qualifications framework, has a special importance. Proponents stress the fact that the German qualifications framework allows categorisation of qualifications across all areas of education (school education, vocational and university training) through uniform descriptions developed jointly, thus allowing comparisons to be made. Critics, on the other hand, fear that dual forms of training providing vocational qualifications are likely to be significantly undervalued.
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The Rittersturz Conference, 1948: aspects with relevance for Germany as a whole
At the conference in the Rittersturz Hotel in Koblenz from 8 to 10 July 1948, the minister-presidents of the three Western zones drafted their own proposals for the establishment of a West German state, on the basis of the "Frankfurt Documents", in which the Western allies had set conditions for the establishment of a ‘partial state’. The minister-presidents of the Western zones sought to avoid prejudicing the question of Germany’s division: symbolically, for example by involving a representative of West Berlin, and in conceptual terms, by using unusual constitutional terminology.
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The current debate on the 1968 movement
Forty years after 1968, there is still an intensive debate in the Federal Republic of Germany about the significance of the 1968 movement for society, politics and culture. In terms of academic research, studies are increasingly being published which aim to provide an objective historical reconstruction of this period of social, political and cultural upheaval and its various aspects and facets. Against this background, the factsheet sets out the socio-cultural context, the international dimension and the special characteristics of the German protest movement. It also explores the critical debates about the 1968 movement and the possible long-term implications of the protest movement for Germany.
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Compatibility of clauses requiring compliance with collective agreements with Community legislation
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Open Skies
On 30 March 2008, the Open Skies agreement entered into force. For the first time, airlines from the EU can now fly from any European airport to the United States, and from there fly on freely to other destinations in third countries. This liberalises the air transport between Europe and the United States, which was previously strictly regulated. The EU hopes that this will lead to greater competition, lower prices and an increase in the number of passenger and cargo flights.
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30 January 1933 - "The appointment of Adolf Hitler as Chancellor"
On 30 January 1933, Adolf Hitler was appointed Chancellor by President Hindenburg, within the framework of a "presidential cabinet". This was an important step on Hitler’s path to establishing a National Socialist dictatorship. The period of what were known as "presidential cabinets" began following the collapse of the Grand Coalition under Chancellor Hermann Müller. Due to their lack of a majority in Parliament, these cabinets were dependent on the goodwill of the President, and governed largely by means of the President’s right to issue emergency decrees (Article 48 of the Weimar constitution). Following the collapse of the presidential cabinets under Heinrich Brüning, Franz von Papen and Kurt von Schleicher, Hitler was appointed Chancellor. It was intended for Hitler and the two National Socialist ministers to be kept in check by the other conservative ministers in the Cabinet.
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The crushing of the independent trade unions on 2 May 1933
The day on which the independent trade unions in Germany were crushed was the 2nd of May 1933, when the buildings of the General German Trade Union Federation (ADGB) were occupied by National Socialists, the federation’s assets were confiscated, and many officials were imprisoned, tortured or murdered. Trade union members were transferred to the National Socialists’ trade union, the German Labour Front (DAF). This day marked another important step on the path to the establishment of a National Socialist state. Following Hitler’s appointment as Chancellor, the trade unions sought to come to an accommodation with the new government, but this did not prevent the National Socialists from taking violent action against them. By the end of June 1933, all trade unions had been disbanded and their members transferred to the DAF, which became one of the National Socialists’ largest mass organisations with over 25 million members at times.
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10 May 1933 - The book burnings
The "Action Against the Un-German Spirit", systematically organised by the German Student Association (DSt), began on 19 April 1933 with the DSt issuing a call for action that unleashed a witch hunt against lecturers who were Jews, Communists or members of the SPD Reichsbanner organisation, or had allegedly "insulted the National Socialist movement, its Führer or front-line soldiers". In early May 1933, on the basis of a hurriedly compiled list, students began, with the support of the police, the SA and the SS, to remove tens of thousands of books from libraries and book shops. In line with the DSt’s plans, book burnings took place in 22 German university towns on 10 May 1933, in some cases with radio coverage. The stigmatisation of the authors destroyed their livelihoods, as well as causing lasting damage to German intellectual life. Many authors went into exile, where a number committed suicide. Today there are many initiatives dedicated to remembrance of the book burnings.
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23 March 1933 - The "Enabling Act" (Act for the Removal of the Distress of the People and the Reich)
Immediately after Adolf Hitler’s government took office, the Reichstag Fire Decree (Reichstagsbrandverordnung) was enacted, which severely curtailed fundamental rights and subjected the police largely to the control of the national government. To give the destruction of democracy planned by the National Socialists a veneer of legality, the "Act for the Removal of the Distress of the People and the Reich" of 23 March 1933, more commonly known as the "Enabling Act" (Ermächtigungsgesetz), which consisted of only five articles, was enacted. Following the annulment of the mandates held by Communist Party (KPD) parliamentarians, and with other parliamentarians absent due to persecution by the National Socialists, only 94 SPD Members voted against the bill, while the other 444 parliamentarians voted in favour. The "Enabling Act" allowed Hitler’s government to enact laws without the consent of the Reichstag, which continued to exist, or of the Reichsrat and without the countersignature of the President of the Reich.
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1933 - The end of the political parties
Between February and the summer of 1933, within the framework of the National Socialist policy of Gleichschaltung, or forcible coordination, the Weimar Republic’s multi-party system was eliminated by the National Socialists. The ‘Reichstag Fire Decree’ of 28 February 1933 suspended fundamental rights enshrined in the constitution, such as personal freedom and freedom of opinion, association and assembly. A flood of laws and decrees which hindered and eliminated the work both of the political parties and of political assemblies from Parliament down to local level, as well as terror, arbitrary detentions, threats and suppression, forced the political parties to ‘coordinate’ themselves. Initially it was the Communists and Social Democrats, in particular, which were subjected to National Socialist persecution; then the conservative and liberal parties were affected. All attempts to avoid the dissolution of the parties failed. On 14 July 1933, the ‘Act Prohibiting the Creation of New Political Parties’ was enacted, cementing the one-party state.
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Caretaker governments
A lack of a clear majority following federal or Land Parliament elections can hinder the swift formation of a new government. To prevent a limbo state in which there is no government, the Basic Law (the German constitution) and the constitutions of the Länder (federal states) provide for the previous government to remain in office until a new head of government has been elected and a new government formed. A caretaker government has the duty to continue managing the business of government until a new government takes over
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Language requirements in legislation concerning foreign nationals
Germany’s legislation concerning foreign nationals in many cases requires non-EU citizens to have a sound command of the German language in order to receive or consolidate a particular residence status, for example to receive a permanent right of residence in Germany or for families joining immigrants in Germany. Different language requirements exist for the different residence rights which foreign nationals can acquire; these requirements can range from "basic knowledge" to "a sound command" of the German language. In order to learn German, foreign nationals may be entitled to language courses; in certain circumstances, they may be required to attend these courses.
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The Area of Freedom, Security and Justice in the Treaty of Lisbon
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The European Parliament
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Cuba's development prospects in the post-Fidel Castro era
Cuba is on the brink of a new era. On 24 February 2008, the Cuban Parliament elected 76-year-old Raúl Castro (Ruz) as President of the Council of State and the Council of Ministers: Cuba’s new head of state. He succeeded his brother Fidel Castro (Ruz), who is five years older, and who had led the Communist state in the Caribbean without interruption since 1959, first as prime minister and then as head of state from 1976. Following Raúl Castro's election as President, expectations of fundamental reform in the country have risen both in Cuba and abroad. Observers are divided about whether he will, unlike his brother Fidel, move towards a broad opening of Cuba.
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European Year of Intercultural Dialogue
The European Parliament and the Council of the European Union have declared the year 2008 the "European Year of Intercultural Dialogue" (EYID). The European Year aims to draw the attention of people in Europe to the importance of dialogue within diversity and between diverse cultures. The idea had initially been put forward by the European Commissioner with responsibility for culture, Ján Figel', during his hearing before the European Parliament in September 2004. With an overall budget of € 10 million, the European Year will draw on the wealth and diversity of a series of specific projects to be implemented during 2008 through programmes and other Community actions. Culture, education, youth, sport and citizenship will be the main areas concerned. The Year will feature a small number of flagship projects on a European level, as well as EU support for national actions in each Member State.
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The limits of investigative measures that can be taken by the public prosecution office and inadmissibility of improperly obtained evidence
With regard to the current investigations by a public prosecution office into suspected tax evasion by German citizens using foreign banks, it has been reported that the German authorities are apparently basing their investigation on evidence acquired by third parties who may have breached contracts or even broken the law by passing on this evidence. Against this background, the text provides a general overview of what legal yardsticks are applied, during potential court proceedings at a later date, to investigative measures taken by public prosecution offices, and the admissibility of information gained via these measures.
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Electoral law and the electoral system
The text gives an overview of the constitutional foundations of electoral law and the system for elections to the German Bundestag. In particular, it looks at the limits placed by the constitution on the shaping of the electoral system. It then goes on to summarise the advantages of proportional and First-Past-the-Post electoral systems.
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Amendment to the Law Concerning the Supervision of Insurance Enterprises
On 15 November 2007, the German Bundestag adopted the Ninth Law to Amend the Law Concerning the Supervision of Insurance Enterprises (VAG). It was two rulings made on 26 July 2005 by the Federal Constitutional Court in particular which made it necessary to amend the VAG. The central provision contained in the new law stipulates that every contract wholly or partially transferring portfolios from one insurance company to another requires specific authorisation from the supervisory authority. In addition, the amendment brought supervision in the insurance sector into line with international standards, in particular with regard to companies' internal risk management.
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From the Euro-Mediterranean Partnership to the Mediterranean Union
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The EU wine market reform - on the path to sustainability in the European wine sector
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Criminality amongst immigrants and young people - statistics, causes and cures
At the beginning of the year, spectacular cases of criminal violence by young people of non-German origin became the focus of attention amongst the public and politicians. There is strong disagreement amongst the parties about the reaction called for from the state to prevent brutal violence. Whilst, on the one hand, some call for tougher sentences for young people, others highlight the social causes of crime and call for greater emphasis on preventative measures. An analysis of crime data in Germany shows that the burden placed on the population by young criminals of non-German origin has not increased. However, the propensity for violence and number of crimes committed is greater amongst young people of non-German origin. Comparisons between Germans and non-Germans are misleading, however, as statistics only record the citizenship of suspects, rather than their level of education, social situation or background.
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The constitutional position of the child
A political discussion is currently taking place on whether specific children's rights should be incorporated into the constitution. This Topical Term provides an overview of the current constitutional position of the child, including against the background of the Federal Constitutional Court's rulings. It explains in what form children’s rights could be incorporated into the Basic Law (the German constitution). In closing, it looks briefly at children's rights in the constitutions of Germany's Länder (federal states) and the Member States of the European Union.
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From "Wise-men Committee" to "Reflection Group"
On 14 December 2007, the European Council has established an independent reflection group, "in order to help the Union anticipate and meet challenges more effectively in the longer term (horizon 2020-2030)". The former Spanish prime minister, Felipe González, was entrusted with the chairmanship of the group. Two vice-chairpersons will assist him, Vaira Vike-Freiberga, former Latvian president, and Joröa Ollila, former chairman of Nokia. Nine members altogether shall belong to the group. The decision originates in a proposal made by French president Nicolas Sarkozy, who had suggested the creation of a "wise-men committee". Yet the composition and mandate of the reflection group clearly fall short of the initial conception.
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The Lisbon Treaty
In June 2007, under German EU-Presidency, the heads of state of the 27 EU members agreed upon a precise mandate for an intergovernmental conference. Based on the results of the intergovernmental conference of 2004 a reform treaty has been drafted which shall amend the Treaty on the European Union (Maastricht) and the Treaty Establishing the European Community (Rome).In this process the idea of a Constitution replacing all earlier EU treaties, having been pursued until 2005, has been abandoned. All references with regard to preamble, anthem and flag representing the symbols of the EU have been dropped as well. At the informal October-meeting in Lisbon the heads of the EU states discussed the drafted new treaty and resolved all controversial issues. As the Lisbon Treaty, the reform treaty has been signed by all heads of state in the Portuguese Capital on 13 December 2007. All 27 EU countries will be expected to ratify the Treaty by 2008 in order to put the EU on a new common foundation prior to the European elections in 2009. Hungary was the first state to ratify the treaty on 17 December 2007.
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European Year of Creativity and Innovation 2009