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

• Topical Term from 2014/08/22
  International law and the Scottish independence referendum 
  

  On 18 September 2014, residents of Scotland entitled to vote will decide on the country’s independence. Scotland’s departure from the United Kingdom would raise complex legal issues on an international level: would the United Kingdom remain the same subject under international law or would two legal successor states be created? What would be done about nationality, distribution of public assets and entry into existing agreements with third-party states? In terms of membership of international bodies, including the United Nations, the international community has tended towards pragmatic solutions decided on an individual basis. In particular, an independent Scotland’s membership of the European Union (EU) and potentially of the euro currency zone and Schengen area raise far-reaching organisational questions. 

  PDF file (65 KB)
  
  
• Topical Term from 2014/08/21
  The United Nations High Commissioner for Human Rights
  

  On 1 September 2014, a new United Nations High Commissioner for Human Rights assumes office for a four-year term. Following the Secretary-General’s proposal, the UN General Assembly confirmed by acclamation Prince Zeid Ra’ad Zeid al Hussein on 16 June 2014. Prince Zeid thus follows Navanethem Pillay, who held office for six years. The handover provides an opportunity to recall the mandate and function of the High Commissioner and OHCHR, look back at Navanethem Pillay’s achievements and give a brief introduction to the new Commissioner.

  PDF file (77 KB)
  
  
• Topical Term from 2014/08/20
  Cyclical adjustment process for the federal and state budgets
  

  Since 2009 the ‘debt brake’ has been part of Basic Law, requiring structurally balanced budgets to be submitted not only by the Federation from 2016, but also by the federal states (Länder) from 2020. The key indicator in evaluating public budgets is the balance adjusted for cyclical effects. This is the clearest way of recognizing trends and budget-related risks. There is no uniform process in Germany for calculating cyclical effects, at least not for the federal states. This Topical Term provides a brief overview of the processes used and discussed in Germany. There are significant differences in terms of approach and application, particularly amongst the states. 

  PDF file (65 KB)
  
  
• Topical Term from 2014/08/19
  The German-Soviet Non-Aggression Pact (the 'Nazi-Soviet Pact') –
  

  Seventy-five years ago, on the night of 23 to 24 August 1939, the Non-Aggression Pact between Germany and the Union of Soviet Socialist Republics was concluded. Together with the Secret Protocol to the Pact, signed at the same time, it marks the beginning of German-Soviet cooperation on the territorial division of eastern Europe, the consequences of which would shape the European map for half a century to come, and which in some respects are still felt today. With this pact, the German Reich and the Soviet Union overrode the self-determination rights of five sovereign states – Poland, Estonia, Latvia, Lithuania and Finland. By entering into such a non-aggression pact with the German Reich, the USSR facilitated Hitler’s invasion of Poland on 1 September 1939, which set in motion the Second World War.

  PDF file (61 KB)
  
  
• Topical Term - Europe from 2014/07/31
  Programme for the Italian EU Council Presidency in 2014
  

  On 1 July 2014, Italy assumed the Presidency of the Council of the EU (EU Council Presidency) for the second half of the year, taking over from Greece. During its Council Presidency, Italy wishes to bring a fresh approach to the European project, perceiving the euroscepticism expressed at the European parliamentary elections as a clear indication of the need for reform within the EU. The Italian Presidency Programme is therefore entitled “Europe, a fresh start”.

  PDF file (73 KB)
  
  
• Topical Term - Europe from 2014/07/29
  Ruling of the European Court of Justice in case C-138/13 (Dogan): Family reunification and proof of language ability requirement
  

  In its judgement of 10 July 2014, in case C-138/13 (Dogan), the European Court of Justice (ECJ) decided in a preliminary ruling that the proof of language ability requirement laid out in Section 30 (1) No. 2 of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (Residence Act) is in conflict with the EEC-Turkey Association Agreement. Under the German provision, spouses of Turkish citizens living and economically active in Germany, who wish to enter the country for family reunification purposes, must prove prior to entry that they are able to communicate in the German language at least on a basic level.

  PDF file (71 KB)
  
  
• Factsheet from 2014/07/29
  Gifts of pecuniary value received by Members of the BundestagLegal situation under the Members of the Bundestag Act and the Code of Conduct for Members of the German Bundestag
  

  The rules for receiving gifts of pecuniary value made to Members of the Bundestag are laid out in the Members of the Bundestag Act, the Code of Conduct for Members of the Bundestag and the associated implementing provisions enacted by the President of the German Bundestag. The following text presents the relevant provisions taking into consideration the application and deliberation practices of the Bundestag Administration.

  PDF file (106 KB)
  
  
• Topical Term from 2014/07/07
  Adjustable transition to retirement with the “flexi pension”
  

  The term “flexi pension”, widely used by the media, covers all labour and social provisions aimed at removing potential hurdles to further employment while receiving a pension.

  PDF file (65 KB)
  
  
• Topical Term from 2014/06/24
  The fall of the Iron Curtain in Hungary 25 years ago
  

  On 27 June 1989, the Hungarian Foreign Minister Gyula Horn and his Austrian counterpart at the time, Alois Mock, symbolically cut through the wire fence at the Hungarian border, which had been part of the Iron Curtain. Scarcely three months later, Hungary opened its border for GDR citizens wishing to leave. The country’s decision was to prove a key step in Germany’s journey towards reunification.

  PDF file (75 KB)
  
  
• Topical Term from 2014/06/20
  Bitcoins – a virtual currency
  

  Available since 2009, Bitcoins (BTC) are probably the best-known virtual currency. In light of the financial crisis, the idea at the heart of the currency is the creation of a money and payment system that operates independently of central banks, states and credit institutes. Anyone can create BTC and process transactions. This Topical Term explains the “mining” of Bitcoins and their potential areas of use. In addition to the advantages valued by its supporters, the various points of criticism levied at the currency are also summarised. Finally, selected legal positions and regulation efforts are detailed.

  PDF file (78 KB)
  
  
• Topical Term from 2014/05/30
  The Vatican and the fall of the Wall: Ostpolitik from Pope John XXIII to Pope John Paul II
  

  Twenty-five years  ago, the Berlin Wall fell. Four popes helped lay the groundwork for this epic event: John XXIII, Paul VI, John Paul I and John Paul II. During their papacies, from 1958 to 1989, they pursued a course towards Eastern Europe which experts believe created the foundation for the Peaceful Revolution in East Germany and in the other Eastern-bloc states. The four popes thus deserve part of the credit for the success of overcoming Communism in 1989 and ending the Cold War.

  PDF file (82 KB)
  
  
• Topical Term from 2014/05/16
  Reform of real property tax
  

  In a 2010 ruling, the Federal Finance Court called for a reassessment of real property for the purposes of real property tax. It criticised the outdated assessed values (which date back to 1 January 1964, and to 1 January 1935 in the new Länder, or states). The coalition agreement between the CDU, CSU and SPD states that real property tax should be modernised in the near future, while retaining the right of local authorities to set the rate. This issue of the Topical Term begins by explaining the structure of real property tax in Germany and the procedure for establishing the amount of tax payable. The main aspects of the planned reform are briefly outlined. Finally, comparisons are drawn with the systems in selected EU countries.

  PDF file (67 KB)
  
  
• Topical Term from 2014/05/09
  Sustainable Development – „Planetary Boundaries“
  

  The implementation of sustainable development processes requires not only a coordination of global development goals but also an attempt at evaluation of possibly resilience of our planet. The model of “Planetary Boundaries” identified nine processes, climate change, interference with the nitrogen and phosphorus cycles, stratospheric ozone depletion, ocean acidification, global freshwater use, chance in land use, rate of biodiversity loss (terrestrial and marine), chemical pollution and atmospheric aerosol loading, to which as an initial attempt threshold values of resilience are defined.

  PDF file (145 KB)
  
  
• Topical Term from 2014/05/05
  The local elections of 7 May 1989 in the GDR
  

  The local elections which took place 25 years ago in East Germany, the GDR, brought to light for the first time the practice of vote rigging. The monitoring of vote counts in numerous ballot stations by representatives of the civil-rights movement revealed significant discrepancies between the votes counted there and the official election results. During the ensuing period, these manifest discrepancies boosted civil resistance to the GDR’s political regime and paved the way for the peaceful revolution in autumn 1989.

  PDF file (61 KB)
  
  
• Topical Term - Europe from 2014/04/06
  The Federal Constitutional Court's ruling of 18 March 2014 on the ESM
  

  On 18 March 2014, the Federal Constitutional Court ruled that the Act of Assent to the Amendment of Article 136 of the Treaty on the Functioning of the European Union, the Act of Assent to the Treaty establishing the European Stability Mechanism and the Act of Assent to the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG) are compatible with the Basic Law.

  PDF file (71 KB)
  
  
• Topical Term from 2014/03/27
  Internet governance
  

  The revelations about the activities of the US National Security Agency (NSA) have clearly broken years of deadlock over internet governance. In response to renewed calls for its supervision of key internet functions to be replaced by a more international approach, the US government recently announced that it would accept this. However, it made clear that its agreement was conditional on the decision taken about which model of internet governance should be used. The US and the EU support a multistakeholder model, while some favour an intergovernmental model. The Global Multistakeholder Meeting on the Future of Internet Governance being held in Rio de Janeiro in April 2014 has set itself the aim of reaching binding decisions on these fundamental questions.

  PDF file (93 KB)
  
  
• Topical Term from 2014/03/14
  Impacts of the 1994 genocide in Rwanda on law and practice of the international community
  

  2014 sees the twentieth anniversary of the genocide in Rwanda. The collective failure of the international community to prevent the genocide triggered international processes of reflection. Amongst other things, these processes led to the establishment of an International Criminal Tribunal for Rwanda, institutional reforms within the UN, a new strategic approach for UN peacekeeping missions and the development of the Responsibility to Protect (R2P) concept in international law. Even today, politics and international relations in the African Great Lakes region are greatly influenced by the after-effects of the genocide.

  PDF file (81 KB)
  
  
• Factsheet from 2014/03/05
  The illegal use of symbols of unconstitutional organisations
  

  Increasingly, extremists are using symbols as propaganda for their aims. The increase in the frequency of court rulings concerning prohibition of the use of symbols of unconstitutional organisations pursuant to Section 86a of the Criminal Code has thus been higher than in any other area of political criminal law. There is also considerable interest amongst the general public in the incidents concerned. Against this background, the factsheet gives a brief overview of the contents and scope of Section 86a of the Criminal Code. It focuses on concrete examples dealt with by the courts in the past.

  PDF file (204 KB)
  
  
• Topical Term from 2014/03/05
  Judgment by the Federal Constitutional Court on the three-per-cent threshold in European elections
  

  In its judgment of 26 February 2014, the Federal Constitutional Court declared unconstitutional the threshold preventing parties with less than three per cent of the vote from entering parliament in the European elections. The Federal Constitutional Court views this threshold as violating the principles of all votes having equal weight and of equal opportunities for different political parties. This Topical Term presents the main lines of argumentation presented in the judgment and explains their importance for future thresholds in the law on European elections.

  PDF file (66 KB)
  
  
• Topical Term from 2014/02/18
  Technology assessment and analysis at the German Bundestag
  

  Pursuant to Rule 56 a of the German Bundestag's Rules of Procedure, the Committee on Education, Research and Technology Assessment (AfBFTA) is responsible for commissioning technology assessments and for analysing and evaluating them for the German Bundestag. It may commission such scientific assessments from outside institutions. The goal of technology assessments is to make available to people in various organisational contexts specific knowledge on the impacts of technology. Parliaments, which are responsible for taking far-reaching political decisions, are a particularly important target audience. Technology assessment is an instrument of scientific advice for policymakers. By ensuring that knowledge from scientists is fed into political processes, it helps to boost the legitimacy of political decisions, allowing decisions to be taken on the basis of sound scientific knowledge.

  PDF file (62 KB)
  
  
• Topical Term from 2014/02/05
  "2014 World Persecution Index" on persecution of and discrimination against Christians
  

  In January 2014, the organisation Open Doors Deutschland e.V. published its "2014 World Persecution Index", which documents the persecution and discrimination experienced by Christians in fifty different countries. According to this index, around 100 million Christians across the world suffer human rights violations because of their faith. These violations range from having to obtain authorisation to hold church services, to being put into "re-education" camps and labour camps, and even rape and murder. The findings published in the World Persecution Index are confirmed to a large extent by governmental and non-governmental organisations.

  PDF file (79 KB)
  
  
• Topical Term from 2014/02/03
  The "mothers' pension"
  

  Since 1992, the first three years spent bringing up a child have counted towards pensions. For births before 1992, the child-rearing time taken into account in calculating pensions is currently only one year. On 29 January 2014, the Federal Government decided that an extra year should count towards pensions for children born before 1992.

  PDF file (65 KB)
  
  
• Topical Term from 2014/02/03
  EU Culture Programme "Creative Europe"
  

  CREATIVE EUROPE (2014-2020) is the new programme aimed at supporting the Cultural and Creative Sectors. It will integrate the previous CULTURE, MEDIA and MEDIA MUNDUS programmes. It comprises two sub-programmes: CULTURE and MEDIA, as well as a cross-sectoral strand, which includes a financial instrument for the cultural and creative sectors, and transnational policy cooperation. It has a budget of 1.46 billion Euro, and a two-fold objective: promoting cultural and linguistic diversity and enhancing the competitiveness of the cultural, audiovisual and creative sectors.

  PDF file (70 KB)
  
  
• Factsheet from 2014/01/30
  Historical anniversaries and days of remembrance - selection for 2014
  

  This factsheet, produced for the first time, presents a selection of major anniversaries being celebrated in 2014, together with important days of remembrance. It encompasses major events in the history of German parliamentarianism and the German Bundestag, along with major events in German 20th century history. 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.

  PDF file (381 KB)
  
  
• Topical Term from 2014/01/29
  Peace negotiations between the Columbian government and the guerrilla organisation FARC
  

  On 18 October 2012, the Columbian army and the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia - FARC), which have opposed each other in one of the numerous internal armed conflicts in Columbia for fifty years, began peace negotiations, despite the absence of a ceasefire agreement. Yet, although some success was initially achieved in the negotiations, hopes in Columbia of achieving peace in the near future have since been dampened. On 14 January 2014, during talks on the third of five key issues, relating amongst other things to the disarmament of the FARC, the organisation announced an end to the month-long ceasefire which it had unilaterally declared vis-à-vis the Columbian government on 15 December 2013. At the same time, the Columbian armed forces also began stepping up their attacks against the FARC once again. This Topical Term describes the development of the FARC, from its establishment until the present day, and explains how it finances its struggle. In this way, the Topical Term provides a basis for analysing the chances of a political solution to the conflict.

  PDF file (78 KB)
  
  
• Topical Term - Europe from 2014/01/22
  Programme of the Greek presidency of the Council of the EU
  

  On 1 January 2014, Greece assumed the six-month presidency of the Council of the European Union for the fifth time since the country’s accession to the EU in 1981. In its programme for the coming six months, the Greek presidency singled out four fields of action for its future work: a) growth, jobs and cohesion, b) further integration of the EU and of the eurozone, c) migration, borders and mobility, and d) maritime policies. 2014 will see several institutional transitions at European level. First, all European citizens eligible to vote will be called on to elect a new European Parliament from 22 to 25 May. The new European Commission will subsequently be appointed in the autumn, before the European Council elects a new president.

  PDF file (68 KB)
  
  
• Topical Term from 2014/01/20
  Length of the electoral term
  

  The current discussion about extending the Bundestag’s electoral term from four to five years has brought this topic back into the public spotlight. This issue of the Topical Term therefore sets out the constitutional framework, deriving from the democratic principle enshrined in the constitution, which will apply in the case of any move to extend the electoral term. It also provides an overview of the length of parliamentary terms in Germany’s Länder (federal states) and in other EU Member States.

  PDF file (66 KB)
  
  
• Topical Term from 2014/01/20
  The Republic of South Sudan in crisis
  

  On 15 December 2013, an internal armed conflict broke out in the Republic of South Sudan; its dimensions exceeded anything the country had experienced since becoming an independent state on 9 July 2011. According to the United Nations, by 12 January 2014 around 10,000 people, including many civilians, had been killed. Over the same period of time, aid organisations recorded more than 430,000 internally displaced persons and almost 75,000 refugees. This issue of the Topical Term summarises experts’ analysis of the main causes of the conflict; they are in agreement in their conclusion that what is taking place is less an ethnically motivated conflict than a personal power struggle between the President of South Sudan, Salva Kiir Mayardit, and his former vice-president, Riek Machar Teny Dhurgon.

  PDF file (67 KB)
  
  
• Topical Term - Europe from 2014/01/16
  ECJ Case C-140/12 (Brey): Right of residence and access to social security benefits within the EU
  

  The European Court of Justice, in its ruling on Case C-140/12 (Brey) of 19 September 2013, has once again given a more precise interpretation of the requirements placed by EU law on national residence and social-security law. With reference to an Austrian provision on the granting of a non-contributory compensatory supplement to pensioners on low incomes, the Court examined the conditions under which recourse to social benefits of this kind by non-economically active EU citizens renders their residence unlawful and means that they can be excluded from receiving those benefits. On the basis of the right to freedom of movement derived from Article 21 (1) TFEU, and directive 2004/38/EC on freedom of movement, the Court reached the conclusion that recourse to social security benefits does not automatically make residence unlawful. Instead, the Court found that an overall assessment is needed, taking into account not only the individual situation of the EU citizen concerned, but also the specific burden which granting that benefit would place on the national social assistance system as a whole.

  PDF file (88 KB)
  
  
• Topical Term from 2014/01/10
  The UN Stabilisation Mission in the Democratic Republic of the Congo
  

  Since the mid-1990s, the civilian population in eastern Congo has suffered greatly as a result of armed conflicts. The current United Nations Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO) represents an ambitious strategy by the UN to bring lasting peace to the region. MONUSCO's mandate includes not only peacekeeping, but also elements of "state building" and even measures to bring about change within society and is based on a multidimensional strategy which is networked at regional and institutional level.

  PDF file (77 KB)
  
  
• Factsheet from 2014/01/07
  Support for Electricity Generation from Renewable Energies in Germany
  

  The costs resulting from support for electricity generation from renewable energies are rising further. On 15 October 2013, the four German electricity transmission system operators announced that the renewable energy surcharge was to be raised by one cent compared with 2013 levels, to 6.240 ct/kWh. Against this background, the factsheet firstly sets out developments in support for electricity generation from renewable energies in Germany since the 1990s. It explains the economic and legal framework and sets out the concrete effects achieved. Furthermore, it looks at the way in which the resulting costs are shared out, and the relevant provisions. The exemptions which apply have been the subject of considerable discussion, thus the factsheet also focuses on the development of and background to these exemptions, along with their concrete impacts on the electricity price for household customers. The second part of the factsheet examines some of the current and future challenges connected with the (further) expansion of electricity generation from renewables. The factsheet presents an overview of both the problems and some possible solutions. The factsheet concludes with a list of other relevant sources and references.

  PDF file (354 KB)