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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The co-operation between regional African organizations and the United Nations in current peacekeeping missions
The current crisis in Mali demonstrates the necessity of cooperation between the United Nations and regional international organizations in peacekeeping operations. The article discusses the experiences with previous joint missions in Africa.
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Health problems encountered later in life by thalidomide victims
On 1 February 2013, the Bundestag’s Committee on Family Affairs, Senior Citizens, Women and Youth held a hearing on a longitudinal study into the situation of people affected by tha-lidomide, conducted by Heidelberg University’s Institute of Gerontology. Around 150 people affected attended the hearing - making it probably the biggest ever meeting of thalidomide victims. In advance of the hearing, the coalition committee of Germany’s governing coalition had already decided to make an additional 120 million euros available for state benefits to ensure that thalidomide victims’ future needs are met. This was in response to the drastic health problems encountered by thalidomide victims which develop or are diagnosed later in life, comprehensively verified for the first time by the Heidelberg study. This issue of the Topical Term takes a look back at the thalidomide disaster between 1957 and 1962, and ex-plains and provides examples of the health problems encountered by thalidomide victims later in life.
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The term "temporary" in the Act on Temporary Employment Businesses
The interpretation and legal consequences of the term "temporary", which was inserted without definition into Section 1 (1), second sentence, of the Act on Temporary Employment Businesses (Arbeitnehmerüberlassungsgesetz) with effect from 1 December 2011, are highly disputed in legal literature and court decisions. The higher courts have also taken very different approaches to this issue in their first decisions relating to it. It will now be up to the Federal Labour Court to clarify the questions that have emerged in this context, which have very important practical implications.
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Gender quotas for supervisory boards
This issue of the Topical Term deals with the current under-representation of women on the supervisory boards of German companies. It sets out the legal situation at present, focusing on the recommendations of the German Corporate Governance Code, and discusses the Bundesrat’s bill of 21 September 2012 on the promotion of the equal participation of men and women in corporate boards, which provides for the introduction of a ‘rigid’ minimum quota for the appointment of women to positions on supervisory boards. Finally, this issue of the Topical Term introduces the 'flexible quota' strategy proposed by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, which involves a legal obligation for companies to commit to a self-defined target for the appointment of women to supervisory boards.
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Decision of the Federal Constitutional Court on the quasi-retroactive application of tax legislation
In a judgment on 10 October 2012, the Federal Constitutional Court added to its decisions on quasi-retroactive tax legislation, i.e. legislation which applies retroactively to the current tax period. In future, stricter standards will have to be met with regard to the protection of legitimate expectations and the proportionality of the legislation. This issue of the Topical Term explains the essentials of the concept of retroactivity and the principle of the protection of legitimate interests, then goes on to examine the main aspects of the Federal Constitutional Court’s judgment and the reasons given for its changes to the standards which must be met for quasi-retroactive tax legislation to be admissible.
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The banning of political parties under the Basic Law and the European Convention on Human Rights
On 14 December 2012, the Bundesrat decided to initiate proceedings to ban the far-right NPD party. This raises questions regarding the legal framework for these proceedings. The Basic Law, Germany’s constitution, guarantees and protects the existence of political parties, but it also allows them to be banned, as the last resort of a "vigilant democracy". In addition, the European Convention on Human Rights also establishes a yardstick for whether the banning of a political party is lawful, and this must be heeded if a ban imposed by the state is to be compatible with the Convention.
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Programme of the Irish EU Presidency
On 1 January 2013, Ireland assumed the six-month presidency of the EU for the seventh time since its accession to the European Union in 1973. Ireland, as a country busy getting its economy back on track, intends to use the Council presidency to help get Europe’s economy back on track. The programme for the presidency is thus entitled "For Stability, Jobs and Growth".
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Ten years of the Franco-German Parliamentary Prize
In 2003, to mark the 40th anniversary of the Elysée Treaty, the presidiums of the German Bundestag and the Assemblée nationale took the decision to establish a Franco-German Parliamentary Prize. The prize is awarded to works of a high standard which enhance, to a special degree, the two countries’ understanding of each other. The winner is chosen by a jury chaired by the presidents of the two parliaments and composed of two members of parliament and two academics from each country. The prizes are presented to the winners by the presidents of the two parliaments at an official ceremony. The two most recent prizes were awarded in 2010 to Anne Kwaschik for her biography of cultural historian Robert Minder, and to Evelyne and Victor Brandts for their book "Aujourd’hui l’Allemagne" (Germany today).