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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.
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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 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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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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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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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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ECJ ruling on "terror"lists
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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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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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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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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 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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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European Year of Creativity and Innovation 2009