Research papers published by the Research Services of the Deutscher Bundestag
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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Advancement through technology? Sports Engineering and high performance sports
Sports engineering is a field of engineering that involves the design, development and testing of sports equipment. Sports engineering can be split into two distinct categories - embedded and enabling technology. Embedded technology covers the behind-the-scenes systems that allow coaches and training programmes to analyse movement and fine-tune performance. Enabling technology covers the equipment that athletes use to compete. The field of sports engineering involves universities and other research institutions, the private sector and regulatory bodies. The rapid advance of technology means the ethical debates that have surrounded sports engineering for decades are set to intensify in the coming years.
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The history of the US presidential elections since 1945
Since the end of the Second World War, 16 presidential elections (1948-2008) have taken place; nine were won by Republic candidates, seven by Democratic candidates. The 2008 elections were the first since 1952 in which neither the serving president nor vice-president stood for election. In addition, it was the first time since 1945 that the two main candidates - Barack Obama and John McCain - were senators
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Conflicts of interest in medicine
Conflicts of interest in healthcare can distort judgments on the part of medical practitioners. Efforts are thus being made internationally to find appropriate ways of handling such situations, which cannot generally be avoided, and to identify existing conflicts with a view to ensuring the best possible patient care. Indeed, these conflicts, which can potentially lead to professional misconduct and corruption, have been increasingly at the forefront of public debate following the decision of 29.03.2012 by the Grand Criminal Panel of the Federal Court of Justice which ruled that the terms of section 299 of the Criminal Code (StGB) concerning "Taking and giving bribes in commercial practice" do not apply to established doctors.
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Judgment of the Federal Constitutional Court on the ESM Treaty and Fiscal Compact
This issue of the Topical Term briefly summarises and puts into context the Federal Constitutional Court’s judgment of 12 September 2012, which dismissed as largely without merit a number of applications for an injunction to prevent the drafting of laws on amendment of TFEU Art. 136, on the ESM Treaty and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (Fiscal Compact). It looks at the provisos which the Court sets for international ratification of the ESM Treaty: firstly, Germany must ensure with its international partners that in accordance with the cap on liability stipulated in the ESM Treaty, the totality of Germany’s payment obligations will not exceed the country’s portion of the ESM’s authorised capital stock (about 190 billion euros) and that there will be no obligation to pay more than this without Germany’s prior permission. Secondly, assurances must be given that the provisions of the ESM Treaty on the inviolability of ESM documents and the professional secrecy requirements placed upon all persons working for the ESM will not interfere with the right of the Bundestag and the Bundesrat to comprehensive information.
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Changes to the law on organ transplantation
Two new laws - one of them amending the Act on the Donation, Removal and Transplantation of Organs and the other introducing the "decision solution" to the Act on the Donation, Removal and Transplantation of Organs - are intended to improve structures in the field of organ transplantation and thus increase the number of donor organs and the amount of donor tissue made available. All hospitals authorised to remove organs will in future be obliged to appoint a transplant officer responsible for the coordination of the whole organ donation process. The legislative changes also include the anchoring of social security rights to improve social protection for living donors. The "decision solution" introduced through the changes requires the health insurance funds to regularly provide insured persons with information allowing them to take well-founded decisions on whether they would be willing to donate organs or tissue.
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The establishment of diplomatic relations between the Federal Republic of Germany and the Polish People’s Republic 40 years ago
From 21 to 23 September 2012, the presidiums of the Polish Sejm and German Bundestag will be meeting in Bonn for their sixth joint session. The meeting is taking place 40 years after the establishment of official diplomatic relations between the Polish People’s Republic and the Federal Republic of Germany (West Germany). The basis for the establishment of diplomatic relations was created by the Warsaw Treaty of 1970. Yet it was not until mid-September 1972 that Bonn and Warsaw exchanged ambassadors. The delays were connected with the ratification of the "Eastern Treaties", as well as with unresolved questions concerning the departure of ethnic Germans from Poland. It was not until 1975/1976 that solutions were found for the unresolved questions from 1972. In late summer 1989, the establishment of diplomatic relations with Poland took on further historic importance when over 6000 citizens from East Germany fled to the West German Embassy in Warsaw, where they were able to successfully exert pressure to be allowed to exit the country and enter the Federal Republic.
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Food transparency: Consumer information portal celebrates its first anniversary
On 20 July 20111, the Internet portal www.lebensmittelklarheit.de was launched. This portal is part of an initiative on "transparency and truth in food labelling" organised by the Federal Ministry of Food, Agriculture and Consumer Protection and is run by the Federation of German Consumer Organisations, with the support of the Consumer Advice Centre in the Land of Hesse. This "Topical Term" reviews experience with the portal over the first year, presents the initial findings of accompanying research, along with further steps which are planned.
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Local authority financing
As a result of the sovereign debt crisis, the budgetary and financial crisis facing local authorities is no longer attracting sufficient attention. Yet this crisis has not yet been successfully resolved, though increases in tax revenue in 2012 led to a slight easing of the situation. The structural problems, reflected mainly in an increase in short-term borrowing, have not yet been solved, despite the fact that two specialist finance commissions have examined the question of reforming local-authority funding over the last ten years.
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The announcement ninety years ago, on 11 August 1922, that the "Song of the Germans" was to become the national anthem of the Weimar Republic
On 11 August 1922, Reich President Friedrich Ebert announced that the "Song of the Germans", composed in 1841 by Hoffmann von Fallersleben, was to become Germany’s national anthem. In a press release made for National Constitutional Day, with the third verse of the song "Unity and Justice and Freedom" as a background, Friedrich Ebert made an unequivocal plea to the Germans to demonstrate unity and solidarity. The "Song of the Germans" became almost a leitmotiv for the celebrations surrounding the signing of the constitution in the Reichstag. A verse of the anthem was sung after the official speech and, prior to this, the song was played during the inspection of the troops by the Reich President in front of the Reichstag. The aim of the announcement was that the well-known song should boost the Germans’ identification with the Republic, in the context of domestic and foreign-policy difficulties.
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Hundredth Anniversary of the death of Reichstag architect Paul Wallot
On 10 August 1912, the architect of the Reichstag Building in Berlin, Paul Wallot, passed away whilst undergoing treatment at a spa resort. The Reichstag Building, current seat of the German Bundestag, was built between 1884 and 1894 on the basis of plans by Wallot, who was born in Oppenheim. It was to be his most important project and lifetime achievement. In 1882, Wallot won the second competition to design the Reichstag. He was forced, however, to amend his winning design several times in reaction to pressure from the Reichstag Building Commission, as well as from Emperors William I and II. He was not awarded an order of merit by William II on completion of building work, as would have been customary. Yet Wallot had succeeded in creating a functioning parliament in the neo-renaissance style, which had a profound impact on the architecture of other official buildings during the era of the German Empire.
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"Negative voting weight"and "overhang mandates"
In the aftermath of the judgement issued by the Federal Constitutional Court on 25 July 2012, in which the Court ruled central elements of electoral law to be unconstitutional, this Topical Term examines the problems associated with "negative voting weight", whereby winning more second votes can actually cause a party to lose a seat, and "overhang mandates"- extra seats in Parliament created when the number of directly elected constituency candidates in a particular Land is higher than the number of seats to which the party is entitled by virtue of its percentage of second votes. The Topical Term focuses on the central criticisms made by the Court of the current system for the allocation of seats.
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Internet of Things
After the advent of the World Wide Web in the 1990s and mobile Internet in the last decade, the Internet of Things - the third rapid development phase of the Internet - is currently making great strides. This new network, which will in future connect smart everyday objects, has three important elements: information technology will become ubiquitous, invisible and autonomous. Although the new technology offers approaches to tackling some of the most urgent problems in modern industrial societies, it also potentially presents risks and opportunities for misuse, which is one of the reasons why the technology is not so far being used more widely.
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Salafism
A series of recent events have attracted public attention to salafism. Salafism is a branch of Islam, which is guided solely by the early Islam of the 7th and 8th Centuries. Salafis view Allah as the unique authority and Sharia as the only legitimate source of law. Their main emphasis is on pure teachings and the conversion of non-believers. A distinction is made between purists, political salafis and jihadi salafis. In Germany, around 0.1 per cent of Muslims are adherents of the salafi branch of the religion. Salafi movements have been mentioned in the reports on protection of the constitution in Germany since 2010, due to their significance as an ideological basis for Islamic terrorism.
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CGZP’s authority to conduct wage negotiations not recognised
On 22 and 23 May 2012, the Federal Labour Court issued a final ruling, stating that the Collective Bargaining Association of Christian Trade Unions for Agency Work and Personnel Service Agencies (CGZP) had not at any point been authorised to conduct wage negotiations. This ruling has far-reaching implications for some parts of the temporary-employment sector, since temporary workers who have so far been paid wages based on the wage agreement with the CGZP can now submit claims with retrospective effect for earnings in line with comparable staff working in their firms. The social-security funds can also submit claims with retrospective effect for payment of the corresponding social-insurance contributions.
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Programme of the Cypriot Presidency of the Council of the EU, 2012
On 1 July 2012, the Republic of Cyprus took over the six-month presidency of the Council of the European Union for the first time since its accession to the EU in 2004. Cyprus wants to work towards a "better Europe", despite the difficult situation at the start of its presidency. Only recently, on 25 June 2012, the country requested assistance from the European Financial Stability Facility (EFSF). In addition, there is no solution in sight to the Cyprus conflict, which has seen Turkey occupy the northern part of Cyprus since 1974.
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Circumcision and criminal law
Following a recent ruling by Cologne Regional Court, this issue of the Topical Term looks at the legally contentious issue of whether the circumcision of boys on religious grounds is a criminal offence.
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The Shanghai Cooperation Organisation
The Shanghai Cooperation Organisation (SCO) was established in 2001 as an organisation bringing together China, Russia, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan. Originally, it focused on security-policy cooperation between the member states; today, in addition to seeking to maintain stability in the region and tackle terrorism, separatism and extremism, it also deals with economic and trade issues.
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Ninety years ago: the murder of Walther Rathenau
On the morning of 24 June 1922, Walter Rathenau, Foreign Minister of the German Reich, was shot dead in Berlin by members of the right-wing extremist "Organisation Consul". Rathenau was viewed as a proponent of the policy of accommodation with the victorious powers in World War I, derided by critics as a "fulfilment policy". The aggressive rhetoric levelled at Rathenau by right-wing parties was also aimed at his Jewish origins, however. News of his death led to tumultuous scenes in the Reichstag. Communists and Social Democrats in particular, along with spectators in the galleries, asserted that right-wing members of parliament, particularly the nationalist Karl Helfferich, bore part of the blame for the murder. Rathenau's death triggered mass demonstrations and a wave of support for the Republic across Germany. In reaction to the murder, the Reich government enacted the "Act to Protect the Republic", which allowed the banning of organisations hostile to the Republic. Even today, Rathenau’s murder is etched into the Germans' collective memory.
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Inclusive education in Germany
In December 2006, the United Nations General Assembly adopted the Convention on the Rights of Persons with Disabilities (UNCRPD). People with disabilities and their advocacy groups had for the first time been involved in the creation and shaping of the Convention. On 26 March 2009, the UNCRPD was ratified in Germany. On 1 December 2011, the German Bundestag also deliberated in depth on the topics of inclusion and disability. The basic idea behind the UNCRPD is to achieve a paradigm shift in perceptions of and behaviour towards disabled people. The aim of inclusion is for the differences between people to be recognised at an individual level. What this means for schools is the dismantling of obstacles to the learning and participation of people with disabilities.
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Twenty-five years ago - Ronald Reagan’s speech at the Brandenburg Gate
In 1987, on the occasion of Berlin’s 750th anniversary, US President Ronald Reagan visited the Western part of Berlin, which at that time was still a divided city. On 12 June, he held a speech in front of the Brandenburg Gate and the Berlin Wall lasting around 30 minutes, culminating in the appeal: "Mr. Gorbachev, open this gate! Mr. Gorbachev, tear down this wall!" Although the thousands of people in the audience greeted these words with spontaneous, enthusiastic applause, their historic significance was by no means immediately clear. Only after the fall of the Berlin Wall in 1989 did they appear "prophetic" and the US President a "harbinger of change" (John Kornblum). Elsewhere in his speech, Reagan talked about his understanding of freedom, the West’s reconstruction efforts following the Second World War, and the history of NATO’s double-track decision.
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Shadow banking system
In the current debate about how to strengthen the financial system, discussion of the shadow banking system has become increasingly prominent. The Financial Stability Board (FSB) established by the G20 countries defines the shadow banking system as "credit intermediation involving entities and activities outside the regular banking system". This issue of the Topical Term deals with the volumes, benefits and risks of the shadow banking system as well as considerations about how to regulate it.
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Power to Gas
The term Power to Gas describes new technologies designed for the storage and transport of renewable energies as well for the compensation of fluctuations in such sources due to the variations in the weather and season. Electricity generated locally from renewable sources is converted by way of chemical reactions into CO2-neutral energy carriers with high energy densities. Once electrical energy has been converted into chemically bound energy in the form of hydrogen or methane, it can be utilised later at the same or a different location. It can be transported via the natural gas pipeline network and it can also be stored with the help of the natural gas infrastructure. Moreover, the concept of Power to Gas opens up new possibilities for the exploitation of wind and solar energy both in the sustainable mobility sector and for further chemical processes making use of hydrogen produced through electrolysis.
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The debate about the Eastern Treaties, 1969-1972
The Brandt-Scheel government’s new Ostpolitik sparked fierce debate in West Germany and led to a sharp polarisation in domestic politics. While the Social Democratic-Liberal government saw the steps it was taking - with the aim of achieving stable relations and an understanding with the Warsaw Pact states - primarily as a contribution to establishing and stabilising a peaceful international order, the CDU/CSU opposition did not believe the Communist side was genuinely willing to come to an agreement. The opposition saw the treaties with the Eastern states as an abandonment of national principles.
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The new Ostpolitik of the Social Democratic-Liberal government, 1969-1972
Forty years ago, on 17 May 1972, the German Bundestag gave its consent at second reading to the Treaty of Moscow and the Treaty of Warsaw, which were intended to produce more peaceful, stable relations, characterised by understanding, with the Soviet Union and Poland. In doing so, Parliament confirmed the approach to West Germany’s Ostpolitik and policy on Germany introduced three years previously by the new Social Democratic-Liberal government led by Chancellor Willy Brandt (SPD) and Walter Scheel (FDP), Federal Minister for Foreign Affairs. This approach, encapsulated in the slogan "Change through rapprochement", aimed to end the paralysis in foreign policy, facilitate humanitarian improvements and stabilise a peaceful European order.
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Anonymous application processes
The Federal Anti-Discrimination Agency has completed its "Depersonalised Application Procedures" pilot project, which aimed to show whether anonymous job application processes are practical in German companies and public authorities, and how they compare to traditional approaches. This issue of the Topical Term provides a summary of the project’s results.
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The Islamist group Boko Haram
Since 2009 a wave of attacks has been taking place in Nigeria, targeting state security forces as well as churches, mosques, schools and markets; over 900 people have been killed. Responsibility has been claimed by a militant Islamist sect known as Boko Haram, which is calling for the establishment of an Islamic state and the introduction of sharia law throughout the country. This issue of the Topical Term looks at the sect’s structure, aims, and possible international links.
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Fiscal Treaty
The term "fiscal treaty" is used as shorthand for the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union, which has been signed by the heads of state and government of 25 EU Member States - not including the UK and the Czech Republic - but has not yet been ratified. This issue of the Topical Term examines the legal nature of the treaty, its contents and its consequences for the states which ratify it.
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Hate crimes
The term 'hate crime' is used to refer to criminal offences the victims of which have been chosen precisely because they belong to a certain social group that the perpetrator objects to. Currently there are several motions pending on this subject (a bill introduced by the SPD parliamentary group, Bundestag printed paper 17/8131; a motion tabled by the Alliance 90/The Greens parliamentary group, Bundestag printed paper 17/8796; and a bill introduced by the Bundesrat, Bundesrat printed paper 26/12). This Topical Term discusses these and gives examples of similar legislation in other countries.
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Skilled labour shortage in Germany. Statistics, studies, strategies
A representative selection of forecasts, studies and statistics from a variety of research institutes, which are summarised, all expect a shortage of qualified professionals in Germany in the coming years particularly in the maths, IT, science and technology sectors as well as in the health professions. The decisive factors in this shortage are the demographic trend (the shrinking and ageing population) and the transformation of the economy to create a service and information society. According to the 12th Population Projection of the Federal Statistical Office, there will be only approximately 36 million people of working age between 20 and 65 in the year 2060 - that is 27 percent fewer than today. This forecast is based on an optimistic assumption that there will be annual net immigration of 200,000 people. In view of this and other forecasts, a twin strategy is frequently recommended: on the one hand, unlocking the full potential of the domestic labour pool. This means, for example, introducing measures to increase the economic activity of women, models for keeping older workers longer in employment, and for instruments to improve the integration of people with an immigrant background into the labour market; on the other hand, the qualified immigration of foreign skilled labour, which may also entail amending current immigration rules that are seen by some as too bureaucratic.
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The Hungarian parliament and party system
The Prime Minister of Hungary, Viktor Orbán, is planning to use his two-thirds majority in Parliament to reform his country’s electoral law. In its current form, the electoral law favours - in comparison to Germany’s system - large parties or electoral alliances, as majority voting plays a greater role. - Hungarian electoral law requires parties to obtain more than 5% of the vote in order to be represented in Parliament. - 176 parliamentary seats are allocated in single-member constituencies; to be elected, a candidate must win an absolute majority of the votes cast. - The remaining seats are allocated by proportional representation in multi-member constituencies. Following the 2010 elections, Hungary’s unicameral parliament has had 386 seats. Orbán’s alliance is composed of the right-wing liberal and anti-Communist Alliance of Young Democrats (FIDESZ) and the Catholic Christian-Democratic People’s Party (KDNP). Both parties are members of the European People’s Party (EPP) and are part of the Christian-Democratic Group in the European Parliament. The three opposition parties are, firstly, the socialist MSZP, which was the main government party from 2002 to 2010; secondly, the Green party Politics can be different (LMP), which is represented in Parliament for the first time; and, thirdly, Jobbik, whose name is a play on words that can mean "Right" either in the political sense or in the sense of "correct". Jobbik is seen as being anti-multiculturalism, anti-Semitic and anti-Roma.
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Ruling by the Federal Constitutional Court on the German Bundestag’s EFSF Panel
In its judgement of 28 February 2012, the Federal Constitutional Court ruled that the transfer of decision-making powers concerning the European Financial Stability Facility (EFSF) from the Bundestag to the nine-person panel established by the Stabilisation Mechanism Act in most cases infringes the rights of the Members of the Bundestag, as enshrined in Article 38 (1), sentence 2 of the Basic Law. The Court ruled that the delegation of powers to the Panel is only permissible for decisions on the EFSF buying up sovereign bonds on the secondary markets.
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Obligations of hosting service providers to protect third-party intellectual property according to the judgment of the European Court of Justice of 16 February 2012 (case no. C-360/10)
In a judgment of principle of 16 February 2012, the Court of Justice of the European Union was asked to rule on whether it is compatible with European Union law for a court order to be issued to a hosting service provider operating as a social network that requires it to introduce a preventative general filter system at its own expense to log all the data of a network’s users for the purpose of preventing the unlawful use of musical, cinematographic or audiovisual works.
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Reserves of the statutory pension scheme
On account of Germany’s good economic performance and the increase in employment, the reserves of the statutory pension insurance scheme have grown in the last few years. The sustainability reserve is approaching the prescribed maximum value of 1.5 months of expenditure.
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Programme of the 2012 Danish Presidency of the EU Council
On January 1, Denmark took over the Presidency of the Council of the European Union from Poland for the first half of 2012. The programme of the Presidency is divided into four themes: a responsible Europe, a dynamic Europe, a green Europe and a safe Europe. Even as a non-euro country, the Danish Presidency aims to use these priorities to help solve the economic and financial crisis.
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E-Books
An electronic book (also e-book, ebook, digital book) is a publication in digital form and readable on e-readers, computers or other digital devices. Forecasts indicate a growing demand for digital content around the world. E-books will become established as a further book format in addition to paperbacks and hardcover. The shift to e-books and digital publishing is challenging the basic models of copyright and contracts that underlie the functioning of book markets.
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Council of Europe Convention on the counterfeiting of medical products
On 28 October 2011 in Moscow, Germany signed the Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health of 4 August 2011. The purpose of the Convention is to introduce substantive criminal law provisions in the member states of the Council of Europe to provide protection against counterfeit medical drugs as well as their supply and trade in them. The Council of Europe’s Convention is essentially born of an initiative of the Parliamentary Assembly of the Council of Europe. A recommendation was made to the Committee of Ministers of the Council of Europe on 20 April 2007. It called upon the member states of the Council of Europe to create a specific legal framework for dealing with counterfeit medical drugs.