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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"Mission modularity" in naval armaments projects
The MKS 180 general assault ship will be the first procurement project of the German navy characterised by "mission modularity". This Topical Term explains that modular approaches in naval shipbuilding were already being pursued in the 1970s, but that the modular building concepts at that time were significantly different to the new modular-mission approach. The Topical Term sets out the advantages of a universal platform able to be specifically adapted at short notice for certain types of deployment by means of standardised weapons and equipment modules, compared with other types of ship, which either have a very broad spectrum of capabilities or are exclusively intended for a specific mission profile.
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European Public Prosecutor
On 17 July 2013, the European Commission submitted its Proposal COM (2013) 534 final, based on Article 86 of the Treaty on the Functioning of the European Union (TFEU), for a Council Regulation on the establishment of the European Public Prosecutor's Office (EPPO). The EPPO is intended to guarantee throughout the European Union the efficient investigation and prosecution of offences against the European Union's financial interests and to supplement the proposal of the Commission for a Directive on the harmonisation of criminal offences of this nature (COM (2012) 363 final.). The Commission is of the opinion that at present enforcement of law of equal value is not guaranteed, in view of the inconsistent practice in the Member States.
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CJEU, Case C-95/12 (Commission/Germany) - is the blocking minority in the Volkswagen Act compatible with European Union law?
On 22 October 2013, the Court of Justice of the European Communities (CJEU), in Case C-95/12, issued its second judgment in the dispute concerning the statute known as the Volkswagen Act and its compatibility with the free movement of capital under Article 63 (1) Treaty on the Functioning of the European Union (TFEU). Unlike in the first proceedings in the year 2007 (Case C-112/05), the subject here was not an independent review of the violation of Article 63 (1) TFEU. The CJEU held in its earlier judgment that there was a violation. The only question to be decided now was whether the Federal Republic of Germany had duly implemented the first judgment. The bone of contention in the second proceedings was the 20% blocking minority for important resolutions of the general meeting of the VW Aktiengesellschaft in section 4 (3) Volkswagen Act. This provision favours above all the Land Lower Saxony, which holds exactly 20% of the shares relevant in this connection and can therefore block important decisions. The blocking minority was also the subject of the first judgment, in addition to two other provisions. Following this, the Federal Republic of Germany did not amend section 4 (3) Volkswagen Act; it merely repealed the other two provisions. The EU Commission instituted proceedings against this. In its understanding of the first judgment, all three provisions should have been repealed. The CJEU did not follow the Commission and dismissed the action. However, it may be doubted whether this judgment shows that the blocking minority is compatible with the free movement of capital under EU law.
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CJEU, Case C-583/11 P - Inuit: Legal protection of individuals against European legal acts of general application - implications for national procedural law
On 3 October 2013, the CJEU decided in Case C-583/11 P (Inuit) that the new rule introduced by the Treaty of Lisbon in the third limb of Article 263 (4) of the Treaty on the Functioning of the European Union (TFEU) that an individual may institute proceedings does not apply to any legislative acts within the meaning of Article 289 TFEU. Consequently, individuals remain unable to institute direct legal proceedings before the Court of Justice of the European Communities against legal acts of general application of the Council and the European Parliament (EP). It is for the Member States to ensure that in these cases an individual's right of recourse is guaranteed through national courts and the referral for a preliminary ruling under Article 267 TFEU. In so far as this aim cannot be guaranteed with the existing instruments of procedural law, new possibilities of taking legal action must be provided for in national law.
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The effects of a minimum wage on employment and on income distribution
All of the parties represented in the Bundestag support provisions the introduction of a minimum wage. Yet their views differ widely on what form this should take. Germany is one of the few countries in Europe which does not have a universal minimum wage, but only minimum wages specific to individual sectors. The conclusions of studies predicting the possible effects of a minimum wage on employment vary, due to the fundamental difficulty of distinguishing the effects of a minimum wage from other influences, such as market structure, the labour market situation and concrete minimum wages. It seems clear, however, that a minimum wage would indeed reduce wage inequality in the sectors examined and prevent high wage differentials in the bottom section of wage distribution. The impacts on actual household income seem likely to be fairly small, however, and a minimum wage would not overall lead to any significant reduction in the scale of poverty or income inequality. There is a broad consensus in the literature that expectations of the impacts of a universal minimum wage should not be too high.
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Fifty years ago - mourning for John F. Kennedy
On 22 November 1963, the 35th President of the United States was murdered. In Dallas, Texas, John F. Kennedy was assassinated, abruptly ending his time in office after 1036 days. The great shock and dismay were not only felt in the USA. Right across the world, people felt stunned and shaken. People in the Federal Republic of Germany had a particular feeling of mourning. They still held vivid memories of Kennedy's triumphant visit to Germany in June 1963 and he was at the zenith of his popularity there. People of all ages were thus saddened by the assassination and reactions from politicians and media showed that people felt a unique bond to Kennedy, who had become a kind of "saviour" for many Germans.
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Current stage of the reform of the Common Agricultural Policy (CAP) for 2014 - 2020
Current stage of the European Union CAP reform for the period from 2014 to 2020. Reasons for the delay to the reform. Budget resources for Pillars 1 and 2 of the CAP. Outline of the reforms planned for Pillar 1.
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The Franco-German Brigade
On 31 October 2013, the French government announced the dissolution of the 110th French Infantry Regiment in Donaueschingen, which is part of the Franco-German Brigade. This decision will have a major impact on the Franco-German Brigade. This Topical Term sets out the history of this bi-national formation, from its creation until the present day, as well as explaining the brigade's mandate. It underlines both the political and the military significance of this formation for multinational cooperation within NATO and Europe and concludes by stressing that the further development of the Franco-German Brigade in terms of effectiveness and deployment perspectives must remain a joint task performed by both nations.
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Big Data
The most recent revelations concerning international data espionage have attracted attention to the new possibilities for dealing with large volumes of data -"big data" analysis. This issue of the Topical Term presents the core elements of this complex procedure of analysis, which allows the production of results that can be very valuable for business, science or public authorities. In this debate, which has become increasingly intensive, critical voices can also be heard, however. They warn of the disadvantages and risks of using big data analysis. The text also presents these critical views.
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Composition of electricity prices for household consumers
Electricity prices are on everyone's lips. Particularly in view of the fact that the surcharge imposed by the Renewable Energy Sources Act is due to rise again in 2014, a discussion is taking place about what can be done to prevent electricity from becoming ever more expensive. To permit a more informed debate on the subject, this issue of the Topical Term provides an overview of the individual components of the price of electricity for household consumers, their weighting and their background.
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The top tax rate
The top rate of income tax is once again under discussion. The most recent change in the top rate was an increase from 42% to 45% for high earners from 2007. This issue of the Topical Term looks at the history of the top tax rate, the revenue it generates in Germany and relevant decisions of the Federal Constitutional Court, and offers a comparison with other European countries.
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"Standstill clause" in the Association Agreement between Turkey and the EU
In its most recent ruling on the L. Demirkan (C-221/11) case, the European Court of Justice has ruled that the term "freedom to provide services" contained in the Association Agreement does not encompass the "receiving of services" (passive freedom to provide services). This clarifies the fact that entry of Turkish nationals may continue to be conditional on obtaining a visa, even where services are received during the trip. In the past, the ECJ had significantly reinforced the rights of Turkish nationals through a broad interpretation of association law. Unlike in previous cases, in which Turkish nationals wished to actively provide services in the EU, the most recent ruling applies to the passive reception of services. In the pending C. Demir (C-225/12) case, it remains to be seen whether - in connection with access to the labour markets by Turkish workers - the Court will maintain its old line of judgments or rule in favour of a more restrictive interpretation.
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The use of space-borne technology by the Bundeswehr
The Bundeswehr (German armed forces) decided to begin the military use of space in the aftermath of its first international crisis-management missions following the end of the Cold War. In this context it had recognised that, in the new mission scenarios, early recognition of critical developments and effective command and support for operations were no longer possible without space-borne capabilities. An analysis of the opportunities offered by military use of space concluded that the Bundeswehr could significantly enhance its command and control capability and its capabilities in intelligence-gathering and reconnaissance through the use of space-borne systems. At the same time, however, the Bundeswehr realised that it would have to help ensure the protection of civil and military satellite systems, due to their overriding national importance. This Topical Term examines the current situation regarding military use of space, five years after the Bundeswehr embarked on this course, also assessing further planning to extend space-borne capabilities and the associated challenges.
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Sport at school in Europe - a comparison of aims and implementation
In 2009, the Treaty of Lisbon created the legal basis for the European Union to acquire a new competence in the field of sport (Article 165 TFEU). Following this, the Eurydice network, which consists of 40 national units based in all 36 countries participating in the EU’s Lifelong Learning programme, produced a report in 2013 mapping the state of play of physical education and sports activities at school in Europe. This involved studying national strategies, national curricula, taught time, teacher education and extracurricular activities in the EU Member States, the former Yugoslav Republic of Macedonia, Iceland, Montenegro, Serbia, Turkey, Liechtenstein, Norway and Switzerland. The German Conference of Ministers of Education and Cultural Affairs has looked at this topic repeatedly in recent years, including in cooperation with the German Olympic Sports Confederation.
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Fifty years ago - the end of the Adenauer era
In mid-October 1963, Konrad Adenauer, the first Chancellor of the Federal Republic of Germany, stepped down after holding office for 14 years. He was succeeded by Ludwig Erhard. Adenauer’s departure was the result of pressure from his party, but outwardly it took place in a dignified framework and was marked by an outpouring of tributes. This underlines the exceptional status of the first head of government of the Federal Republic of Germany, as does researchers’ unanimously positive view of his term of office. Much of the groundwork for the success of the Federal Republic is considered to have been laid by the "Old Man from Rhöndorf", who was 87 years old when he stepped down as Chancellor.
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"Caretaker" Federal Governments
This issue of the Topical Term examines how the business of government is conducted in the period between a Bundestag election and the election of a new Federal Chancellor. Under Article 69 (2), first part of the sentence, of the Basic Law (the German constitution), the tenure of office of the Federal Chancellor ends in any event when a new Bundestag convenes. Article 69 (3) of the Basic Law ensures that the country is not left without a government until the election of a Federal Chancellor; it states: "At the request of the Federal President the Federal Chancellor, or at the request of the Federal Chancellor or of the Federal President a Federal Minister, shall be obliged to continue to manage the affairs of his office until a successor is appointed." The government in this interim period is referred to as a "caretaker" Federal Government; its rights and duties are described in this issue of the Topical Term.
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The "Munich Agreement" of 1938 and the dismantling of Czechoslovakia
Seventy-five years ago, on 29 September 1938, the "Munich Agreement" was signed. It required Czechoslovakia to cede its border territories, inhabited by a Sudeten German majority, to the German Reich. The agreement was a milestone in the strategy which Hitler had been pursuing since the mid-1930s, that of establishing a ‘new order’ and preparing for war. His strategy called for the Anschluss of Austria and the Sudetenland, as well as the dismantling of Czechoslovakia. More than 300,000 citizens of the former Czechoslovakia fell victim to the Nazi regime.
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Election of the Federal Chancellor (Article 63 of the Basic Law)
This issue of the Topical Term sets out the procedure for the election of the Federal Chancellor, in accordance with Article 63 of the Basic Law, the German constitution. It notes that there is no deadline for the election of the Federal Chancellor; it also explains that the prevailing opinion in the relevant literature is that the Federal President is obliged to propose a candidate for the first round of voting.
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1 October - International Day of Older Persons
As far back as 1990, the United Nations (UN) took the decision to designate 1 October as the International Day of Older Persons to raise global public awareness of the challenges and opportunities of demographic change. This awareness day is also intended to highlight the contribution of older people and the asset they represent for their societies. The UN sets a different theme each year. In 2013, the focus is on the opportunities and challenges of the phenomenon of world population ageing. Germany is among the countries which will experience lasting effects as a result of demographic change in the coming decades. Reforms will need to be undertaken if current standards of living are to be maintained, and above all if social-insurance systems are to remain functional. The reforms must also strike a fair balance between the interests of different generations.
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The shift from "anonymous birth" to "confidential birth"
The Act Expanding the Assistance for Pregnant Women and Regulating Confidential Birth (Gesetz zum Ausbau der Hilfen für Schwangere und zur Regelung der vertraulichen Geburt), which is due to enter into force on 1 May 2014, aims to accommodate the desire of certain women in difficult circumstances to give birth anonymously, while at the same time upholding the child’s right to know where their origins. With this change in the law, the German government is seeking to create an alternative to the controversial "baby hatches" and the possibility of full anonymity while giving birth. No legal basis exists for either of these options.
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NATO Defence Planning Process
NATO introduced its new Defence Planning Process in 2009, with the first four-year cycle due be concluded this year. The process was introduced to harmonise and synchronise efforts, both at NATO headquarters and in the member countries, to maintain and develop military capabilities against a backdrop of scarce financial resources. It was also intended to ensure that national planning activities were more closely integrated into NATO defence planning than in the past. This issue of the Topical Term examines the aims of the new NATO Defence Planning Process, the steps in the process, and in particular the question of why there is such variation in the degree to which the member countries have adjusted their national defence planning to comply with NATO planning guidance and geared their national military capabilities to meeting requirements for future operations, despite the agreement of planning targets with binding force under international law.
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Looted art
Looted art, or ‘trophy art’, refers to cultural property seized from one nation by one (or more) others, usually in wartime. The significance of cultural property in defining national identity means that this is a difficult subject to address, and it inevitably has an international dimension. Diplomatic sensitivity must be shown by all sides. The current debate about looted art, which has become very passionate at times, is largely about cultural property seized during the Nazi era and the Second World War. This was also the subject of recent tensions between Germany and Russia in the context of an exhibition of trophy art at the Hermitage museum in St. Petersburg, which opened in June 2013. For the time being, there seems to be no definitive solution to the problem in sight.
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Restructuring the Bundeswehr
The restructuring of the Bundeswehr (German armed forces) launched at the start of the 17th electoral term, is much wider in scope than previous reforms; the idea is to enable the Bundeswehr to adapt effectively to future changes in the security-policy environment and to demographic or financial pressure for change. The goal is to ensure that the newly structured Bundeswehr will be able, taking into account the available resources and operational requirements, to reliably and credibly carry out its current tasks within Nato and in the areas of national disaster prevention, national defence and subsidiary emergency and disaster relief abroad, as well as tasks in these fields likely to arise in the near future. This Topical Term examines the starting points for the most far-reaching changes in the history of the Bundeswehr, as well as the goals of the restructuring, the relevant projects and particularly controversial aspects of this restructuring.
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The Defence Committee acting as a committee of inquiry under Article 45a of the Basic Law
On 26 June 2013, the Defence Committee constituted itself as a committee of inquiry for the second time in the Bundestag’s 17th electoral term, to investigate matters relating to the EURO HAWK project. Against this background, this issue of the Topical Term provides an overview of the legal framework for the Defence Committee’s work as a committee of inquiry. (Updated and revised version of Topical Terms 106/09 and 043/06.)
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Fifty years ago - John F. Kennedy’s visit to Germany
From 23 to 26 June 1963, the 35th President of the United States visited the Federal Republic of Germany and West Berlin. One of the aims of this state visit, which took place at the height of the Cold War, was to assure the United States’ allies of America’s solidarity, about which doubts had emerged since the construction of the Berlin Wall. Kennedy’s promises of support, which he expressed with personal charisma and rhetorical flair, met with a wave of approval. Indeed, the president received a rapturous welcome. His visit was a unique triumph which remains without parallel in the history of democratic states, even today.
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The date of 17 June 1953 and reactions in the Federal Republic of Germany (West Germany)
Sixty years ago, a popular revolt took place in the German Democratic Republic (East Germany), against state and party leaders; the revolt was violently crushed on 17 June 1953. In memory of the failed revolt, 17 June was declared a public holiday in West Germany - the "day of German unity". This Topical Term outlines reactions to this day amongst policymakers and the public in West Germany.
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Constitutional rules governing public finances
With the expiry of Solidarity pact II in 2019 and the entry into force of the ban on the federal Länder (states) incurring new debt from 2020 onwards, a time framework has been created for changes to be implemented to the constitutional rules governing public finances. In academic circles, intensive discussions are already underway concerning the weaknesses of the current constitutional rules, the basic lines of which originate from 1969. The abstract discusses various proposals for reform, examining amongst other how effective they would be in ensuring financing is commensurate with the duties to be performed, achieving solidarity across the country as a whole and preventing structural borrowing.
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Education measures to tackle youth unemployment in Germany and Europe
Youth unemployment in the EU, at 23.6 per cent, has reached a record high. The European Council and the European Commission have taken steps intended to produce a lasting improvement of the situation. A fund worth 6 billion euros is to be established to support vocational education and training in the countries with the highest levels of youth unemployment, such as Spain or Greece. In addition, the Federal Ministry of Education and Research is cooperating bilaterally with five partner countries on forward-looking education strategies.
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Fossil-power plants and the New Energy Era in Germany - On the necessity, economic viability and admissibility of coal and gas-fired power stations
This factsheet examines topical issues currently under discussion in Germany connected with coal and gas-fired power stations. It begins by presenting the energy-policy goals contained in the German Federal Government's energy concept, generally known under the collective term of new energy era. This is followed by a discussion of the importance of fossil power plants for the success of the new energy era and an overview of the problems connected to this, particularly from an economic point of view. The fact that these challenges are often of central importance is demonstrated by the list showing a large number of projects across Germany for the building of new power plants. These projects are currently at very different stages in terms of planning, licensing and implementation. And it is unclear whether the power stations will ever enter service, due amongst other things to unresolved issues concerning their economic viability. Finally, the factsheet looks at the legal provisions which are decisive for the planning and licensing of coal and gas-fired plants.
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The ECJ’s judgment on enhanced cooperation in the area of the creation of a single EU patent
In its judgment of 16 April 2013, the European Court of Justice (ECJ) rejected Spain’s and Italy’s applications for annulment of Council Decision 2011/167/EU authorising enhanced cooperation in the area of the creation of unitary patent protection (joined cases C 274/11 and C 295/11). In this decision, the ECJ has for the first time examined the prerequisites for enhanced cooperation under Article 20 of the Treaty on European Union and Article 326 et seq. of the Treaty on the Functioning of the European Union. Spain and Italy had claimed that the Council had no competence to authorise enhanced cooperation in the context of the creation of a single EU patent, that it had misused its powers, and that it had breached the condition that a decision authorising enhanced cooperation must be a last resort. They also argued that the lack of uniformity in patent protection which would inevitably be caused by the enhanced cooperation would undermine the internal market and economic, social and territorial cohesion in the EU. The ECJ rejected this argument. The main grounds given in the judgment are set out in this issue of the Topical Term - Europe. Source: ECJ, joined cases C-274/11 and C-295-11 of 16 April 2013, www.curia.eu
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Twenty-five years ago –-The first step in ending the Cold War: ratification of the INF Treaty
On 1 June 1988, the exchange of instruments of ratification relating to the INF Treaty took place in Moscow, allowing the treaty, which had been signed on 8 December 1987, to enter into force. It was the "first disarmament agreement in history" to regulate the complete elimination of an entire category of weapons - intermediate and shorter-range nuclear missiles – and as such it marked the beginning of the end of the Cold War. For Germany, the process of détente between the superpowers of the United States and the Soviet Union, which was accelerated by the INF Treaty, was an important milestone and indeed a crucial prerequisite for reunification, which was only possible in this climate. This is one important reason why the treaty remains of lasting significance.
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The Federal Constitutional Court's decision on the Act on Setting up a Counter-Terrorism Database
On 24 April 2013, the Federal Constitutional Court ruled that the main elements of the Act on Setting up a Counter-Terrorism Database (Antiterrordateigesetz) are constitutional, but found a large number of its individual provisions to be unconstitutional. This issue of the Topical Term sets out the provisions of the Act, explains the main criteria used by the Court in reaching its decision, and looks at the specific provisions found to be unconstitutional. It also flags up the potential need for changes to other legislation.
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Criminal proceedings: public access and reporting
One of the most significant criminal proceedings in the history of the Federal Republic of Germany is beginning: the trial of the alleged members of the "National Socialist Underground" terrorist network. The start of the proceedings has led to controversy about the involvement of the public. The role of the media in criminal proceedings is at the centre of this debate.
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Changes to electoral law
The Bundestag elections on 22 September 2013 will be the first time the changes to electoral law introduced by the Twenty-Second Act Amending the Federal Electoral Act will be applied. The reforms are intended to fulfil the requirements set out by the Federal Constitutional Court in its judgment of 25 July 2012. The central element is the reform of the seat allocation process with the aim of eliminating what is known as "negative voting weight", which meant that winning more second votes could actually cause a party to lose a seat. This issue of the Topical Term provides an overview of the new, two-stage process compared to the old system.
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International Day of UN Peacekeepers
On 29 May, the United Nations will pay tribute to all international military, police and civilian personnel who are serving in UN peacekeeping operations or who died in the course of their service as a result of violence, accidents or illness. The International Day of United Nations Peacekeepers is held on the anniversary of the first UN peacekeeping mission, the United Nations Truce Supervision Organization, which was established by the UN Security Council on 29 May 1948; 50 civilian and military personnel lost their lives in the course of the mission. In Germany, this day of remembrance will, for the first time, be marked by an official ceremony at the Federal Foreign Office on 12 June 2013 to pay tribute to the dedication of the more than 6200 Bundeswehr personnel, police officers and civilian experts involved in peacekeeping missions. A debate has emerged in Germany about the form which public remembrance of service personnel killed in missions abroad should take, and the German Bundestag is involved in this discussion.
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The founding of Germany’s social democratic movement 150 years ago
The founding of the General German Workers' Association, or ADAV (Allgemeiner Deutscher Arbeiterverein), in Leip¬zig on 23 May 1863 is today generally regarded as the birth of the social democratic movement in Germany. Following several failed attempts, the ADAV - founded by Ferdinand Lassalle - was the first independent party dedicated to representing the political and social interests of poor workers. In Gotha in 1875, the ADAV merged with the Social Democratic Workers' Party (Sozialdemokratische Arbeiterpartei), which had been founded in 1869 by Wilhelm Liebknecht and August Bebel, to form the Social Workers’ Party of Germany (Sozialistische Arbeiterpartei Deutschlands). In 1890 the party became the Social Democratic Party of Germany, or SPD (Sozialdemokratische Partei Deutschlands), the name by which it is still known today.
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European banking union and the single European banking supervision mechanism
In September 2012, alongside the "Roadmap towards a Banking Union", the European Commission presented two proposals for regulations on the establishment of a single European banking supervision mechanism. One was a proposal for a regulation conferring specific supervisory tasks on the ECB, the second a proposal to amend the regulation establishing a European Supervisory Authority. There was dissent on this subject during debates within the Council of the European Union and in the framework of the trialogue with the European Parliament. A political compromise has now been found. Due to the reservation lodged by the German government pending scrutiny by Parliament, the Council has yet to take a final decision. This Topical Term briefly explains the background to the proposals for regulations, lists the main points of contention and outlines the agreement reached at political level.
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Visa-free entry for service recipients from Turkey? Opinion of Advocate General in Case C-221/11 (Demirkan)
The visa requirement for Turkish nationals is currently not only the subject of political discussions, but is also being examined by the European Court of Justice. In the Demirkan case, the Court of Justice has been asked to issue a preliminary ruling on the question of whether the EEC-Turkey Association Agreement is in conflict with a visa requirement for Turkish nationals wishing to enter Germany to visit relatives. On 11 April 2013, Advocate General Cruz Villalón delivered his Opinion. In this Opinion, he concludes that the visa requirement is in fact in line with association law.
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The register of guarantees of origin for electricity from renewable sources
On 1 January 2013, the electronic register of guarantees of origin for electricity from renewable sources was launched by the Federal Environment Agency in Dessau. The current issue of the Topical Term begins by explaining what the register is, and goes on to discuss its purpose and significance, including with regard to electricity labelling. This is followed by an explanation of the legal background and an overview of how the register functions.
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Energy-intensive businesses and the Renewable Energy Sources Act
The Renewable Energy Sources Act (Erneuerbare-Energien-Gesetz, or EEG) ensures that producers who generate electricity from renewable sources and feed it into the grid receive a fixed price for it, generally for 20 years. The costs of making up the difference between the tariff payments for renewable electricity and the price obtained for the electricity at the energy exchange are subsequently shared among all electricity customers in line with their consumption levels via the EEG surcharge. In other words, the same amount has to paid as an EEG surcharge on each kilowatt-hour of electricity delivered to a final consumer (Section 37 (2) of the Renewable Energy Sources Act). However, Sections 40 et seq. of the Act set out a special equalisation scheme for energy-intensive manufacturing enterprises and rail operators. This assistance for energy-intensive businesses, which aims to "maintain their international and intermodal competitiveness", means that all other electricity customers have to pay a higher surcharge per KWh.
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The sanctions regime in Myanmar under review
The process of political opening begun in March 2011 in the Southeast Asian country of Myanmar (Burma) led to the suspension by the EU and USA of trade restrictions, entry bans and assets freezes and to the re-establishment of diplomatic relations. By 30 April 2013, the EU will decide whether the regime of sanctions against Myanmar should be suspended for a further year or lifted completely. The condition for the lifting of sanctions by the Western community of states is the continuation of President Thein Sein’s reform course. So far, this reform course has led to the release of over 800 political prisoners, including opposition leader Aung San Suu Kyi, who had previously spent 15 years under house arrest, together with the official abolition of press censorship. The holding of free presidential elections in 2015, sustained political participation of civil society groups and the successful resolution of serious conflicts with the minorities will be decisive for the democratic transformation process.
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Equal Pay Day
21 March 2013 is Equal Pay Day in Germany. The alliance responsible for the initiation of this day seeks to highlight existing differences in pay between men and women. The abstract examines the causes and effects of the gender pay gap and mentions the particular focus of the 2013 Equal Pay Day, namely "wage determination in health professions".
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Binding obligation on Member States to apply EU fundamental rights; ruling of the European Court of Justice in Case C-617/10
EU law applies in the Member States in different ways. It can replace or determine national law in substantive terms, insofar as the EU has taken advantage of the legislative powers transferred to it: national authorities implement regulations and, above all, legislators in the Member States transpose EU directives into national law. In addition, EU law has an impact via subjective rights derived from primary law: these function as a yardstick for the legality of national law in the framework of competences retained by the Member States or where the EU has not taken advantage of its legislative powers. In particular the fundamental freedoms of the Single Market in economically relevant areas, and the social-law aspects of freedom of movement (Article 21 (1) TFEU) have so far served as a check on the exercise of powers, in a similar way to nationally enshrined fundamental rights, and have especially limited the scope of national legislators. So far, the independent significance of EU fundamental rights in this context has been fairly limited. There is general recognition of the fact that EU fundamental rights not only protect citizens from the jurisdiction of the EU, but that they also (must) have binding effect on the Member States when they are "implementing" EU law (Article 51 (1) of the Charter of Fundamental Rights of the EU) - i.e. in particular when they are implementing regulations or transposing directives. Yet there is disagreement on the extent to which Member States are bound by EU fundamental rights beyond this. Whilst the German Federal Constitutional Court has a more restrictive interpretation, tending to favour the application of national fundamental rights, the European Court of Justice has tended in its judgements to broaden the obligations on the Member States to apply EU fundamental rights. In line with this tendency, the European Court of Justice appears in its ruling on the Åkerberg v Fransson Case to add a new dimension to the Member States’ obligation to uphold these fundamental rights. It is currently not possible to say what the longer-term impacts of this ruling will be.
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Single European banking supervision mechanism From the Commission's proposals to political agreement in the Council
On 12 September 2012, the Commission presented a package of measures to create a single European supervision mechanism for banks under the responsibility of the European Central Bank (ECB), as a first step towards a European banking union. The package includes a proposal for a regulation conferring specific tasks on the European Central Bank regarding policies relating to the prudential supervision of credit institutions, a further proposed regulation amending the Regulation establishing a European Supervisory Authority (European Banking Authority) and a communication setting out the roadmap towards a banking union. These proposals have been the subject of heated discussion amongst policymakers and academics: there was disagreement, for example, on the legal basis which should be used to create a single European banking supervisor under the auspices of the ECB, which institutes should be subject to this supervision by the ECB supervisory body, how possible conflicts between the ECB’s tasks in the area of monetary policy and its new supervisory tasks could be avoided and how the Member States who do not have the euro as their currency can be involved in the supervision mechanism. At the ECOFIN meeting of 13 December 2012, the finance ministers of the Member States finally reached a political agreement - which was welcomed by the European Council of Heads of State and Government on 14 December 2012. The next step is now the participation of the European Parliament. In order to make clear the legal impacts of the results of the negotiations, this factsheet begins by describing the financial supervision measures in existence since 2011, and then examines the content of the proposed regulations and the key elements of the political discussion.
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The situation of the Christians in Syria
Indications that the Christian minority in Syria is at risk are currently on the increase. Since the devastating bomb attack in February 2012, attacks on Christians have been more-or-less an everyday occurrence. Though the uprising against President Assad did not initially have religious undertones, this now appears to be changing. The consequences for Christians, at risk of becoming trapped between the rebels and the government troops, cannot yet be predicted. They are unlikely to be positive, however. A max exodus may take place. For this reason, Western states, including Germany, are currently considering a relaxation of conditions for the granting of asylum to Syrians.
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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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Ten years of "Agenda 2010" - taking stock of one of the biggest reforms of the century
The Agenda 2010 has been the most polarising of any set of reforms in recent history in Germany. Against the background of the 10-year anniversary of these reforms, this topical term analyses how they came about and how they have developed, as well as examining assessments of the reforms by policymakers and academics.
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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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Annual days of action and topic days: selection for 2013
This factsheet, which has been updated for the year 2013, presents a selection of national and international action and topic days, which are intended to draw attention to social, medical or environmental issues, provide an opportunity for reflection on national or global problems and prompt society and policymakers to take decisive action. The factsheet is intended to inform and support the work of the Members of the German Bundestag and its bodies, but is also addressed to interested members of the public beyond the German Bundestag.
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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).
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Visionary realism: the policies of U.S. President John F. Kennedy as reflected in his speeches in Germany, 23-26 June 1963 Texts and context
John F. Kennedy delivered nineteen speeches in Germany, of which only his speech in front of Schöneberg town hall remains well known today. However, it is only by examining all of the speeches that we can gain an overview of his overall political beliefs, particularly in the field of foreign policy. His speech at the Free University in Berlin and his address to Members of the Bundestag at St Paul’s Church in Frankfurt should be regarded as especially significant in this context. They show Kennedy to be a realist with visionary qualities who was astonishingly accurate in some of his predictions. For example, he believed that, although the reunification of Germany on Western terms was unlikely in the immediate future, it would happen eventually, as people’s desire for freedom could not be suppressed forever.