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Institute
- Lehrstuhl für Volkswirtschaftslehre, insbesondere Wirtschafts- und Verkehrspolitik (Univ.-Prof. Dr. Dr. h.c. Andreas Knorr) (16)
- Lehrstuhl für Hochschul- und Wissenschaftsmanagement (Univ.-Prof. Dr. Michael Hölscher) (10)
- Lehrstuhl für Sozialrecht und Verwaltungswissenschaft (Univ.-Prof. Dr. Constanze Janda) (8)
- Lehrstuhl für Öffentliches Recht, insbesondere Europarecht und Völkerrecht (Univ.-Prof. Dr. Wolfgang Weiß) (7)
- Lehrstuhl für Wirtschaftliche Staatswissenschaften, insbesondere Allgemeine Volkswirtschaftslehre und Finanzwissenschaft (Univ.-Prof. Dr. Gisela Färber) (5)
- Lehrstuhl für Politikwissenschaft (Univ.-Prof. Dr. Stephan Grohs) (4)
- Lehrstuhl für vergleichende Verwaltungswissenschaft und Policy-Analyse (Univ.-Prof. Dr. Michael Bauer) (4)
- Lehrstuhl für Öffentliches Recht, Staatslehre und Rechtsvergleichung (Univ.-Prof. Dr. Dr. h.c. Karl-Peter Sommermann) (4)
- Lehrstuhl für Öffentliches Recht, insbesondere deutsches und europäisches Verwaltungsrecht (Univ.-Prof. Dr. Ulrich Stelkens) (4)
- Seniorprofessur für Verwaltungswissenschaft, Politik und Recht im Bereich von Umwelt und Energie (Univ.-Prof. Dr. Eberhard Bohne) (4)
This thesis explores the principles of administrative punishment under the European Con-vention of Human Rights (ECHR). Administrative punishment, for its part, is gaining popularity across European legal systems because it is a flexible, speedy and cost-efficient option. More precisely, it allows public authorities to inflict punishment without having to undergo a judi-cial action. The procedural safeguards that the concerned individual can expect are accor-dingly lower. However, whilst at the national and European Union levels the academic atten-tion grew in line with the gradual expansion of the use of administrative punishment, the same cannot be said regarding the legal framework of the Council of Europe (‘CoE’). Compre-hensive scholarly works on the subject matter are still missing and only a few authors are researching administrative sanctions within this framework more profoundly, i.e., in a cross-cutting manner.
This is regrettable because nowadays, one can speak of a rich and congruent body of admini-strative punishment under the CoE’s law. Not only has the European Court of Human Rights (ECtHR) admitted administrative sanctions within its remit since the famous Engel case in 1976, but it also interprets all relevant terms found in the letter of ECHR such as ‘criminal charge’, ‘penal procedure’, and ‘penalty’ autonomously and in harmony with one another. Autonomous interpretation of these key terms by using Engel criteria means that administra-tive sanctions can, and often are, put under scrutiny (as long as they bear ‘punitive’ and ‘de-terrent’ hallmarks). All in all, the following normative sources can be said to comprise the ius puniendi administrativus within the legal framework of the CoE: First, Article 6 ECHR, which ensures the procedural protection for administrative sanctioning by enshrining the right to a fair trial and its various components, i.e., by laying down a range of participatory and defence rights, as well as the possibility to have access to judicial review and the presumption of inno-cence. Secondly, Article 4 of Protocol No. 7 to the ECHR, which stipulates ne bis in idem prin-ciple precluding double jeopardy. Thirdly, Article 7 ECHR is essential in giving substantive pro-tection to the subject-matter, and lays down the requirement of legality including regulatory quality, non-retroactive application of administrative sanctions, and no punishment without personal liability. Finally, Recommendation No. R (91) 1 of the Committee of Ministers to the Members States on administrative sanctions of 13 February 1991 as a ‘soft’ yet authoritative legal act creates boundaries for acceptable administrative sanctioning. All of these normative sources form the backbone of the research.
This thesis intends to fill the aforementioned academic gap and contribute to the legal scho-larship. It furthermore aspires to be a useful source for practitioners working within the field of public law who are empowered to regulate on or impose administrative sanctions. For this reason, the following research questions are tackled: What is a sanction? What purposes does it serve in a legal system? What is an administrative sanction in particular? What are its role and idiosyncratic features? What aims does it follow? How can it be differentiated from other types of public admonition, i.e., from criminal law measures? How do the CoE and the ECtHR conceptualize an administrative sanction? What guarantees stipulated by the ECHR are applicable to these sanctions? To what extent do they apply? Are there any limitations? If so, then what are the implications thereof on the individual rights? Is the current level of pro-tection in the field of administrative punishment regarding fundamental rights sufficient?
The thesis has furthermore sought to verify the following hypothesis: “The ECtHR acknowled-ges certain minimum requirements stemming from the ECHR from which the administrative authorities imposing a punitive administrative measure upon the individual, cannot deviate”. The hypothesis was drafted similarly to the wording of Article 6 (3) ECHR, which, together with other paragraphs of this Article, enlists fundamental individual guarantees for (any kind of) punishment (“Everyone charged with a criminal offence has the following minimum rights […]”).
Administrative sanctions can be said to dwell in the periphery of punishment because they do not require setting the wheels of criminal procedure in motion. This allows States to save public resources as well as helps them to escape closer scrutiny at the judicial level. At the same time, the imposition of administrative sanctions usually curtails individual guarantees. Against this background, this article examines where the European Court of Human Rights (ECtHR) draws the line between measures belonging to the ‘hard core of criminal law’ and the periphery. After a presentation of gradual broadening of the ‘criminal limb’ guarantees of Article 6 European Convention on Human Rights to administrative measure of a punitive nature, it explores where do these guarantees meet their limits by taking the approach adopted in the landmark Jussila judgment as a point of departure. Subsequently, a structured analysis of the selected ECtHR case law in which this approach has been applied or – at least – invoked is provided. The article is finished with a reflection on the current interpretation of the said penumbra of punishment, which, among other things, identifies the possible gaps of individual protection, and the outlook for the future.
After 25 years of transformations of higher education systems in Post-Soviet countries, the single Soviet model of higher education has evolved into fifteen unique national systems, shaped by economic, cultural, and political forces, both national and global (Johnstone and Bain 2002). International agencies such as the World Bank and the OECD have lobbied for certain policies, while the Bologna Process has created isomorphic pressures, many post-soviet countries have yielded to albeit with different motivations and unclear outcomes (Tomusk, 2011). Comparative research on these developments, however, is scarce and has primarily discussed them in terms of decentralization, marketization and institutional autonomy (Heyneman 2010; Silova, 2011). My PhD thesis conducted between 2014 and 2017 at the University of Leipzig and the Higher School of Economics (Moscow), has reconstructed the developments in terms of driving forces and path dependencies at national, regional and global level have promoted convergence and divergence in the governance of higher education in post-Soviet higher education space, studying in detail the three Post-Soviet, non-EU Bologna signatory states Russia, Moldova and Kazakhstan. Drawing on work by Becher & Kogan (1992), Clark (1983), Jongbloed (2003), Paradeise (2009); Hood (2004); Dill (2010) and Dobbins et al. (2011), the research has conceptualized and analyzed the governance of higher education systems by analyzing change actor roles, power, structures and processes in four areas: 1. Educational Standards, quality assessment, and information provision; 2. Regulation of admissions to higher education; 3. Institutional structures, decision-making and autonomy; 4. Higher education financing and incentive structures. Explanatory approaches draw upon perspectives of path dependence and models of institutional change drawing on work by North (1990), Steinmo (1992), Weick (1976), Pierson (2000) and Witte (2006). The study rests on the one hand on extensive literature analysis of previous academic publications, reports by international organizations such as the World Bank, OECD, and the EU, national strategy papers. Furthermore, over 60 semi-structured expert interviews were conducted with representatives of State organizations, HEIs and other stakeholder groups engaged in the governance of higher education. The outcomes of interviews were used to situate developments in the particular social-political and societal contexts and to triangulate policy documents with various stakeholder perspectives, in order to reconstruct how and why certain policy changes came about, were implemented or abandoned. The results show a differentiated picture: Powerful ministerial control over HEIs remains everywhere, but the means are changing. While in Moldova the political volatility and underfunding have all but made substantial reforms impossible, Russia and Kazakhstan have adopted governance and management practices from New Public Management in idiosyncratic ways. While Kazakhstan has embarked on an authoritarian-driven decentralization program, Russia has created a two-tier system of state steering through financial incentivization and evaluation on the one hand, and tight oversight, control and intervention on the other.
The report outlines the basic issues, research questions, approach and methods of the project, the progress made thus far, and the steps to be taken next. Using the approaches and methods of political science and comparative policy research, it consists in a comparative analysis of the implementation and enforcement of national permitting and inspection systems for large industrial installations including Environmental Impact Assessment (EIA), and Major Accident Prevention (MAP). The study is being conducted on a broad selection of EU member states (D, DK, E, F, I, NL, S, UK) using five languages, English, French, German, Italian, and Spanish in all the process of data collection and devising the research instruments.
In the context of growing policy debate on international trends toward environmental integration, such as the EU Directive on IPPC the main objective of the project is to explore and analyse the existence and extent of an integrated approach in the national environmental laws and administrations of member states, the different problems involved in its achievement and practical implementation and enforcement, the factors of various types that account for the similarities and variation identified in the countries included, and the degree of adaptation of the national systems necessary to meet the requirements of implementation of European legislation.
The report proceeds first by discussing the basic practical and theoretical issues involved in integrated pollution control and permitting. Then, after a comprehensive review of previous research and sources, some conceptual discussion and definitions are presented which, together with the research questions, form the basis of the proposed comparative analytical framework. These lead to the concrete empirical methods proposed in the fourth section. In the fifth section a comparative descriptive overview of the formal legal-administrative aspects of the countries in the study is presented. Finally a description of the steps taken so far and forthcoming steps is found in the last section. Country overviews based on preliminary interviews are attached as Annex I to this report. Annex II contains a list of institutions interviewed. Annex III presents the guidelines for the expert interviews to be conducted in the eight countries.
To contribute to the laudable objectives regarding Export Controls the EU – US Trade and Technology Council has set, a multi-disciplinary network of independent experts from research institutes, think tanks, and policy advisory bodies, has joined forces and drafted the following priorities for action.
A further elaboration of the actions recommended below will be performed by the members of this international network in the weeks and months to come, as Working Group 7 of the EU – US Trade and Technology Council will proceed in its work.
Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European
legal history because it will finally make it possible for individuals and undertakings
to apply to the European Court of Human Rights for review of the acts of European
Union institutions. After nearly three years of negotiations, a draft agreement on European
Union accession was adopted on 5 April 2013. In the light of the draft agreement,
this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
This article offers an in-depth analysis of the relationship between European law and the
case-law born of the European Convention. The author addresses the tension between
the drive for legal certainty and the need to expand fundamental rights. By offering an
overview of the legal reality that this tension has created, the author seeks to find the balance
between needless plurality and rigid certainty. Through this overview, the author argues
that the promotion of fundamental rights must be organised along lines of harmony and
not of uniformity. To do this, he offers a detailed analysis of the respective approaches
to the detention of asylum seekers and to the privilege against self-incrimination. The
article thus traces the increasingly inter-referential nature of Strasbourg and Luxembourg
jurisprudence, arguing that this trend has the potential to promote fundamental rights, as
long as the jurisdiction of human rights’ legislation is significantly expanded. The author
goes on to discuss the EU Charter of Fundamental Rights, looking at the ways in which
it grew out of jurisprudence from both legal systems and how this cross-pollination may
change the expansion of fundamental rights in a wider sense.
Protocol No. 16 and EU Law
(2015)
Protocol No. 16 will allow the highest courts of the Contracting States to the European Convention on Human Rights Convention to request an advisory opinion from the European Court of Human Rights on "questions of principle relating to the interpretation or application of the rights and freedoms defined in the
Convention or the protocols thereto". However, in its Opinion 2/13, the Court of Justice of the European Union expressed reservations in respect of that Protocol. The article analyses those reservations and looks for ways to dispell them.
Article 6(2) TEU provides that the EU shall accede to the European Convention on Human Rights. However, the EU accession project has been significantly delayed by Opinion 2/13 of the ECJ. At the same time, there appears to be some harmony in the case law of the two European Courts, which could lead to the status quo being considered as a valid alternative to EU accession. It might therefore be tempting to remove Article 6(2) altogether from the TEU at the next revision of the Treaties. This paper argues that Article 6(2) should stay in the TEU, because a closer look reveals that the current status quo is not satisfactory: it does not allow an adequate representation of the EU in the procedure before the European Court of Human Rights, nor is it capable of ensuring in the long-term comprehensive and stable consistency between EU law and the Convention. Moreover, removing Article 6(2) TEU would undermine the very idea of a collective understanding and enforcement of fundamental rights. This could initiate a process leading to the current European architecture of fundamental rights protection being unravelled altogether. Hence, there is no return from Article 6(2) TEU. Neither is there from actually implementing it.
The hybrid EPPO structure is operating under a hybrid set of fundamental rights, thus calling into question the well-established principle of the single set of norms applicable throughout criminal proceedings. Moreover, the system is characterized by a distortion of the commonly applied logical link between liability for violations of fundamental rights and control over the actions entailing those violations. EU Member States risk being held accountable under the Convention for actions on behalf of the EPPO which they did not fully control and which were subject to a different corpus of fundamental rights. The EU, for its part, takes the risk of seeing EPPO prosecutions being invalidated by domestic courts applying a Convention protection level which may be higher than the Union level. The only way to minimize the impact of these distortions is for the EU to become a Contracting Party to the Convention, along with its own Member States. This would do away with the ambivalence of the legal framework characterizing the protection of fundamental rights under the EPPO Regulation. It would also contribute to a better implementation of the principles of the rule of law and procedural fairness, advocated by the Regulation itself. Such a move would seem all the more important in light of the fact that if the EPPO proves successful, its competence might be extended in the future to other areas.
The picture regarding the protection of fundamental rights in Europe today increasingly looks like a patchwork, due to a lack of coordination at different levels. Developments reinforcing that picture include the emergence of different methodologies for the application of funda-mental rights, Constitution-based challenges to European law by national Supreme Courts, codifications of existing case-law and the creation of so-called « hybrid » institutions. The resulting complexity is a challenge for domestic courts, a threat to the confidence of citizens and detrimental to the fundamental rights themselves, their special role and authority being gradually eroded by a general relativism. EU-accession could have an anti-patchwork effect and represent a chance for a general coordination of fundamental rights in Europe. Beyond making the Convention binding upon the EU, it would also have a pan-European (re)structu-ring effect by confirming the Convention as the minimum benchmark providing both the bedrock and the framework for any other national or European fundamental rights as well as for the necessary judicial dialogue on the latter. Good progress has been achieved since the resumption of negotiations for EU-accession, justifying cautious optimism as to the possibility to find adequate solutions to the outstanding issues.
The landmark judgment in the case of Bivolaru and Moldovan v. France, which concerned the execution of a European arrest warrant, provides a good illustration of the effects of the Con-vention liability of EU Member States for their implementation of EU law. These effects touch on such notions as cooperation, trust, complementarity, autonomy and responsibility. The two European courts have been cooperating towards some convergence of the standards applicable to the handling of EAWs. The Bosphorus presumption and its application in Bivo-laru and Moldovan show the amount of trust placed by the Strasbourg Court in the EU pro-tection of fundamental rights in this area. To the extent that their standards of protection coincide, the Luxembourg and Strasbourg jurisdictions are complementary. However, the two protection systems remain autonomous, notably as regards the methodology applied to fundamental rights. Ultimately, the EU Member States engage their Convention responsibility for the execution by their domestic courts of any EAWs.
Legal acts performed by EU Member States applying Union law come within the scope of the Convention and can give rise to adjudication by the ECtHR. A long series of judgments illus-trate the ECtHR’s approach regarding the application of Union law by the courts of EU Mem-ber States. The Convention and Union law are not two autonomous systems separated by a watertight fence. Both European Courts should therefore adopt a wholistic approach in this area, because only a wholistic view takes full account of the legal reality which is one of inter-action and intertwining. The ECtHR makes abundant use of EU law sources, thereby always explicitly referring to them. Three different categories of cases can be identified in how the CJEU goes about the Convention in its case-law.
The present paper examines the implications of the crisis in Italy by focusing on the reform of the labour marked adopted in June 2012. The aim is to analyse the reform as a particular step in the (re-)production fo hegemony in the Italian context. Drawing on the Cultural Political Economy approach, the paper investigates the interplay of discursive an material factors at the basis fo the economic imaginaries put forward by the reform. Main prelimanary findings point out some major discrepancies between the declared economic imaginaries with their attached objects of interventions and the effective changes introduced by the reform. As a result, despite the large hegemonic consensus achieved on the principles and priorities of the reform, both the interests of the capital and the labour fraction turn out to be disappointed by its outcome.
Population ageing is likely to have a long-lasting negative impact on
the financial sustainability of European pension systems. As a reaction
to this, some European nations have adopted automatic adjustment
mechanisms that connect the amount of starting pensions to the development
of demographic and economic factors, such as life expectancy
and the old-age dependency ratio. Lacking such measures,
other countries account for the financial problems of their public payas-
you-go pension schemes by ad hoc amendments to their national
legislation.
This paper provides empirical evidence that national legislation
linking life expectancy at retirement age and the level of old-age pensions
attenuates opposition against reforms seeking increases to the
statutory retirement age. Using multinomial logit models fitted on individual-
level survey data, I analyze the probability that individuals accept
a potential increase in retirement age among respondents in the Czech
Republic, Poland and Slovakia. The results show that national institutional
contexts explicitly binding pensions to the development of life
expectancy attenuate opposition against a potential increase in the
statutory retirement age.
The implications of the study are of particular importance for policy-
makers looking to resolve the problem of constantly increasing oldage
dependency ratios in Europe. This requires the application of an
incentive structure that increases the acceptability of later withdrawal
from the labour market. Analyzing survey data from the late 2000s,
this study demonstrates that an explicit attachment between the level
of starting pensions and life expectancy at retirement age is particularly
useful in motivating longer working careers when life expectancy
is on the rise.
On the way to the customer
(2021)
The notices of Deutsche Rentenversicherung are changing their face. In order to ensure that everybody insured as well as pensioners can better understand the decisions of Deutsche Rentenversicherung, the notices are becoming more comprehensible, clearer and more personal. The poster presentation describes the journey of an interdisciplinary team of Deutsche Rentenversicherung and the most important milestones along the way.
This paper proposes a theoretical concept that is appropriate to analyse and understand the role of the government bureaucracy in transposing European Union law. The theoretical concept is based on the assumption that both formal and informal structures of bureaucratic organisations have an impact on public decision making behaviour. On the basis of two recent theoretical approaches that will enable us to analyse both structural and informal features of government bureaucracies, namely the policy capacity concept and the administrative styles concept, I will propose a theoretical concept that combines elements of both
approaches within one concept. The concept enables us ta analyse and understand the role of public administrations at the stage of implementation of public policies and derive hypotheses on the influence of administrative patterns of policy-making on transposing European Union law at the Member State level.
The paper is part of my PhD-project "Financial Regulation and the Implementation of EU directives in the European Union Member States", which examines the administrative procedures at the Member State level in the transposition of directives. The theoretical concept presented is supposed to help us analyse and
understand the impact of the government bureaucracy on the transposition of EU directives, especially with regard to the customisation of EU directives.
From today's viewpoint it seems almost inconceivable that there once was a time where academia functioned without peer review processes, which are now so much part and parcel of the academic environment. Peer review is mainly taken for granted and we assume that it generally works well in estimating the worth of academic outputs of differents kinds (publications, grant proposals etc.) However, the process itself is not free of criticism and much can still be done to improve review quality. In this paper I explore and question the purpose and function of peer review, engage with various problems that can occur in the process, and make suggestions for ways in which peer review might be improved. It is based on empirical research, participation in various peer review forms and observation of accreditation practice.
Campus design and estate management: concepts and challenges from an international perspective
(2018)
The university is an ancient and successful concept which, until very recently, has usually been associated with a particular locus, e. g. at a single, fairly homogenous site, or as a collection of buildings in a town or city built over time. Some institutions have been planned in their entirety from predominantly one architectural drawing board (e.g. University of Lausanne at Dorigny), others have started out as a small idea (e.g. the first college quadrangle in Oxford) and have since grown to become something quite different from the original, e.g.in Oxford there are now over 40 colleges, Science Park, university hospitals etc. Architectural trends have also played their part in university construction e.g. neo-Gothic (19th century), Brutalist (20th century) or the German Marburg University building system of the 1960s, which was emulated by many other institutions. Irrespective of style, university buildings are loaded with meaning and yet we frequently take them for granted and do not consider how they might impact on our capacity to learn and teach. It is only when we are disturbed by construction work that we are irritated into taking any real notice of our physical environment. Yet subliminally we are undoubtedly affected by our surroundings, which are not fixed, but change to become objects of “(re)interpretation, narration and representation […]” (Gieryn, 2002, p.35). This is a sense-making process as we negotiate how to act within them (Weick, 1995). Buildings impact on our well-being and how we thrive, which should be of key importance to the academic world in which creativity and innovation are of such importance (Marmot, in Temple (ed.) 2014). When higher education estate fails, and there are many examples of this, it is as much “a failure of psychology as of design” (de Botton, 2006/2014, p. 248). However, we do not have much data on the processes and ideas behind the creation (or adaptation) of higher education estate (cf. Bligh, in Temple (ed.) 2014). This research therefore asks the following questions: How do those who make decisions about higher education buildings take psychological well-being, or learning capability into account? Do they make compromises on the quality of materials? How do different countries and their university leaders address and govern the processes behind the creation and management of higher education estate of various types and age? What are current trends and challenges to higher education estate? Employing a constructivist perspective, this ongoing international research examines notions of value, care and identity (Tse et al, 2015) and analyses how an institution’s strategic capacity and organisational capability impacts on how estate is managed (cf. Thoenig & Paradeise, 2016). It uses case studies (Yin, 6th ed., 2018) from different institutional types in Great Britain, Switzerland, Austria, Germany and China which have been selected according to a strategic capacity model. Alongside documentary research and online data-gathering, interviews onsite have been conducted with a range of stakeholders, including leaders, planners, faculty and students. The research aims to theorise how an important and costly part of university administration is being managed in the context of today’s teaching and learning needs.
Higher education in both Germany and the UK has undergone numerous changes in the last two decades. It seems worthwhile to examine how varying forms of HE governance and pan-European influences have played out upon these two national systems. Of note in particular are Bologna, European Standards and Guidelines in Quality Assurance, and various accreditation regulations. In this article we postulate to what extent these two systems may or may not be able to move forward in the imminent future. Is German higher education, for example, becoming more autonomous if it can display its own systems of quality control are working well (system-accreditation)? Has British higher education relinquished autonomy, as both research and teaching domains are subject to external review (REF/TEF)? What can we learn about the transformational impact any of these mechanisms are having? This chapter adresses these issues and asks which benefits or disadvantages are to be gained by different systems in article.
Learning from history?
(2018)
Hochschulen sind geschichtsbewusste Institutionen. Doch anders als noch im 19. Jahrhundert kann die akademische Erinnerungskultur heute keine ungebrochene Feier von Kontinuität, des Stolzes auf große Wissenschaftler oder der Idee einer selbstbewussten Korporation mehr sein. Diese Form der Erinnerung setzte primär auf Traditionspflege. Sie ist unter Druck geraten, zum einen durch die Desaster des 20. Jahrhunderts und die Verstrickung der Hochschulen darin, zum anderen durch eine erhebliche Professionalisierung der Hochschulgeschichtsschreibung. Infolgedessen ist die deutsche Hochschulgeschichte des 20. Jahrhunderts oft in besonders geringer Weise dazu geeignet, hochschulische Institutionengeschichte als Erzählung eines fortwährenden Aufstiegs der jeweiligen Einrichtung zu konstruieren. Damit müssen Hochschulen heute umgehen können, was ihnen jedoch recht uneinheitlich gelingt – erkennbar z.B. an der unterschiedlich ausgeprägten Souveränität, mit der auf zeitgeschichtsbezogene Skandalisierungen hochschulgeschichtlicher Tatbestände reagiert wird. Zugrunde liegt dem eine eher erratische Beschäftigung mit der je eigenen Zeitgeschichte. Für diese gibt es Gründe: • Hochschulen lassen zwar organisationspolitisch eine intensive Befassung mit ihrer Zeitgeschichte erwarten: Auf diesem Wege ist Legitimation zu gewinnen, können Jubiläen aufgewertet werden und kann Havarien in der Kommunikation mit der Öffentlichkeit vorgebeugt werden. • Doch organisationspraktisch überwiegen die Gründe dafür, dass intensivere Befassungen mit der eigenen Zeitgeschichte eher unerwartbar sinWissenschaftsfreiheit, individuelle Autonomie, mangelnde Durchgriffsmöglichkeiten von Hochschulleitungen, Konflikte um Ressourcen, Planungsresistenz und unsystematisches Entscheidungsverhalten – all das steht dem entgegen. Dies lässt sich auf Basis einer empirischen Untersuchung aller 54 ostdeutschen Hochschulen – eben jenen Hochschulen, die aufgrund ihrer DDR-Geschichte unter besonderer Beobachtung des Umgangs mit ihrer Zeitgeschichte stehen – nachvollziehbar machen. Dabei erfolgt hier eine Konzentration auf die Hochschulanlagen, also die Gebäude und Campusensembles, da in und auf diesen im alltäglichen Vollzug von Forschung und Lehre die Geschichte im wörtlichen Sinne präsent ist. Das betrifft zum einen die architektonischen Zeugnisse der DDR in Gestalt von Hochschulgebäuden und -anlagen, die zum großen Teil auch als Repräsentationsobjekte angelegt waren, sowie deren überkommene künstlerische Beschriftungen durch Wandbilder und -mosaike, Plastiken und Installationen. Zum anderen betrifft es nach 1989 errichtete oder angebrachte Denkmale und Gedenkzeichen als Zeugnisse der oder/und Aufforderungen zur historischen Reflexion. In der pflegenden Erhaltung überkommener Zeugnisse, der Abwahl von als unwürdig Bewertetem und der Errichtung neuer zeichenhafter Artefakte konstruieren die Hochschulen ihr Gedächtnis, indem sie aus den objektiven Abläufen der Vergangenheit Gedächtniswürdiges auswählen. Die vorzustellende Bestandsaufnahme zeigt, wie sich die ostdeutschen Hochschulen mit ihrer DDR-Geschichte im Raum auseinandersetzen, illustriert dies an diesbezüglichen exemplarischen Konflikten und setzt dies ins Verhältnis zum Umgang mit Zeugnissen aus der NS-Periode. Die empirischen Grundlagen ermöglichen hierbei sowohl quantitativ gestützte Begründungen als auch qualitative Deutungen. Sie führen zur Identifikation von drei Zugangsweisen, die Hochschulen im Umgang mit ihrer Zeitgeschichte wählen: • Geschichtsabstinenz • Geschichte als Tradition und Geschichtspolitik als Hochschulmarketing • Geschichte als Aufarbeitung und Selbstaufklärung Anhand dessen lassen sich zum einen die spezifische Vorstellung von der Institution Hochschule, die – gegen überwältigende empirische Befunde – spezifische demokratische Widerstandspotenziale in der akademischen Kultur und Organisation vermutet, und zum anderen der Topos vom „Lernen aus der Geschichte“ prüfen.
The article focuses on the legal aspects of intergenerational solidarity in the German statutory pension system. Organised on a pay-as-you-go basis, it relies on a balance of those obliged to pay contributions vs. those who receive benefits. The footing of this system, however, becomes fragile in times of rising life expectancy and declining birth rates: fewer employees will have to finance the pension rights of a growing number of pensioners. These developments do not only lead to lower acceptance of the “intergenerational contract” by the economically active who have to invest a large share of their income in the financing of current pensions while facing the risk of receiving low payments in the future. It also raises questions of intergenerational justice.
Felicity Thomas (ed.), Handbook of Migration and Health. Cheltenham: Edward Elgar Publishing, 2016
(2018)
Since the so-called ‘refugee crisis’ with its enormous increase in the number of persons seeking asylum in EU Member States in 2015, migration law has left its niche and gained broader attention in the scientific community and brought about a wide range of new literature on many aspects of migration...
Persons who have been forced to leave their country of origin due of urgent threats to life and limb have a right to protection by their country of residence. This protection necessarily has to include social benefits ensuring an adequate standard of living. This article shows how the social rights of refugees and other forced migrants are regulated in European Union law.
National Report Germany
(2009)
Artificial Intelligence (“AI”) is already being employed to make critical legal decisions in many countries all over the world. The use of AI in decision-making is a widely debated issue due to allegations of bias, opacity, and lack of accountability. For many, algorithmic decision-making seems obscure, inscrutable, or virtually dystopic. Like in Kafka’s The Trial, the decision-makers are anonymous and cannot be challenged in a discursive manner. This article addresses the question of how AI technology can be used for legal decisionmaking and decision-support without appearing Kafkaesque.
First, two types of machine learning algorithms are outlined: both Decision Trees and Artificial Neural Networks are commonly used in decision-making software. The real-world use of those technologies is shown on a few examples. Three types of use-cases are identified, depending on how directly humans are influenced by the decision. To establish criteria for evaluating the use of AI in decision-making, machine ethics, the theory of procedural justice, the rule of law, and the principles of due process are consulted. Subsequently, transparency, fairness, accountability, the right to be heard and the right to notice, as well as dignity and respect are discussed. Furthermore, possible safeguards and potential solutions to tackle existing problems are presented. In conclusion, AI rendering decisions on humans does not have to be Kafkaesque. Many solutions and approaches offer possibilities to not only ameliorate the downsides of current AI technologies, but to enrich and enhance the legal system.
For centuries, export control regulations have accompanied the development of new weapon technologies. The revelations of the ‘Pegasus Project’ have put the question of whether and how to regulate the export of the new technology ‘cyberweapons’ in the limelight: Is the current international export control law up to the challenge of sufficiently regulating the proliferation of ‘cyberweapons’ or does it need an update? To answer this question, the blog post will, first, turn to the definition and relevance of ‘cyberweapons’. Secondly, international export control law is introduced as a possible measure to mitigate the risks posed by ‘cyberweapons’ against the backdrop of regulating the use of ‘cyberweapons’ or establishing a moratorium on its trade. Third, the blog post will assess the export of ‘cyberweapons’ in general and the export of Pegasus in particular within the current international export control framework. The current framework seems to touch upon partial aspects of the trade with ‘cyberweapons’. However, it stands to fear that it is not up to the task of sufficiently curtailing the proliferation of ‘cyberweapons’ and the associated risks, as it especially leaves the underlying problem of the trade with zero-day vulnerabilities untouched.
Two different States licensed exports of intrusion tools and related items to a third State. That State then used it to spy on human rights defenders, lawyers, journalists, activists, opposition politicians, and dissidents. While one of the licensing States is a member of the Wassenaar Arrangement, the other is not but had declared to follow it unilaterally. The legal analysis considers the attribution of the relevant acts and omissions by the States and examines possible breaches of international export control law and international human rights law.
National immigration policies increasingly meet with fierce political resistance from lower levels of government, in particular municipalities. Amongst industrialized countries, the USA and Germany are probably the most extreme examples. In the USA, a growing numbers of subnational entities, including some of the country’s largest cities, openly refuse to cooperate with federal immigration authorities. In retaliation, the Trump administrations has threatened several of these so-called ‘sanctuary cities’ to claim back past and to withdraw further federal funding from a number of jointly funded programs. Several court cases in this matter are pending. In stark contrast, an increasing number of German municipalities – labelled by the author as ‘non-sanctuary cities’ - have sought from their respective state governments a formal limitation of migration inflows into their territory, citing an overload on critical local administrative and not least housing resources. This paper contributes to the pertinent literature on multi-level governance in the area of immigration, first, by applying the economic theory of fiscal federalism to identify the theoretically appropriate level of government for defining and enforcing immigration policy. Second, the phenomenon of ‘sanctuary cities’ vs. ‘non-sanctuary cities’ and their potential impact on the design and enforcement of national immigration policies will be analyzed.
Swissair's Collapse
(2003)
Germany's Autobahn Toll for Heavy Goods Vehicles after four Years: Experiences and Perspectives
(2009)
On January 1st, 2005, Germany introduced a road charging system for all heavy goods vehicles (HGV) using the country's Autobahn network (i.e. the country's main interstate highways). The introduction of this so-called Lkw-Maut (HGV toll) marked a watershed event in the history of Germany's transport policy as it represented the first ever deviation from the traditional approach of financing road infrastructures out of the general budget. In our paper we will first provide an overview of the current legal and institutional framework of the German Lkw-Maut regime. Then we will analyse its performance and shortcomings since its implementation in 2005, using a model which enhances the traditional theory of club goods by incorporating the relevance of the degree of rivalry for the efficient provision of road infrastructures.
Key words: Electronic road pricing, congestion charging, infrastructure planning
JEL codes: G 28, L91, L98
Water Management and Modernization of the Water Sector in Syria, Considering the German Experience
(2019)
Water plays an essential role in human life as well as in various sectors of the economy, it is a strategic and crucial factor for achieving social and economic development and supporting ecological systems. However, the world's water resources are exposed to considerable and continuing pressure since the water use rate has increased twice as quickly as the rate of population growth during the 20th century, which led to malfunctions in the balance between renewable and available water resources and the growing demand for water.
Therefore, the issue of water is the main challenge to humans in the 21st century. Particularly affected by water scarcity is the Middle East, where the availability of water is less than 1,700 m3 per capita per year. This dissertation focuses on the Syrian water sector, considering both aspects of administrative modernization and stakeholder approaches for ensuring the creation of an enabling environment capable of improving water management in Syria. The central goal of this research is to introduce a set of institutional, legislative and economic measures that can be used to rationalize and maintain the water resources in Syria to apply Integrated Water Resources Management (IWRM). Quantitative and qualitative data and methods were scrutinized to provide an overview of the status and problems of the water sector, as well as perspectives for innovative water management and corresponding modernization policies in Syria.
The thesis tackled the research questions defining the main challenges of the Syrian water sector and examining its existing enabling environment as well as its suitability for achieving sustainable water resources management. Furthermore, the study evaluated the existing
governance regime and the institutional framework of the Syrian water sector, checked the availability, and estimated the degree of application of its management instruments. The research also examined the ongoing process of development and financing of waterinfrastructure and finally estimated the overall impact of water resources management in Syria on economic, social, and environmental aspects. Finally, the study provides optimized recommendations and potential solutions for the development of the Syrian water sector according to the IWRM paradigm.
Research question For the past decades, significant changes have been observed in Higher Education policy across Europe affecting the role and organizational culture of Higher Education Institutions (HEIs). This resulted in a change of relationships and responsibilities among academics and university managers. The purpose of the research is to study organizational transformation of universities, examine similarities and differences of organizational „archetypes“ of universities, describe and compare internal quality assessment at universities and determine its impact on organizational development. The research will also explore how current university governance models ensure university autonomy and academic freedom and put forward the interests of key stakeholders. The main research question is: What is the impact of internal quality assessment on organizational transformation of university? The study will provide a comparative analysis of cases studies at German and Georgian universities. Theoretical framework The research will look at the theoretical framework of constructing university as an organization and its implementation in practice describing the shift from state-centered governance to self-governance, autonomy and academic freedom. As part of the theoretical framework three main aspects regarding construction of organizations: identity, hierarchy and rationality will be taken into account. (Brunsson and Sahlin-Anderson, 2000, De Boer, Enders and Leisyte, 2007). While analyzing transformation in universities as in organizations, it is important to consider the concept of an ‘organizational saga,’ which is interpreted as „a collective understanding of unique accomplishment in a formally established group” (Clark, 1972, p. 178). The study will also take into account Clark’s triangle of coordination initiated in 1983 describing three modes of coordinating „or controlling behavior in academic institutions: state regulation; professional self-regulation, which Clark termed ‚the academic oligarchy;’ and market forces.” (Dill, 2007). The research will rely on EUA’s definition of “quality culture” as “referring to an organisational culture characterised by a cultural/psychological element on the one hand, and a structural/managerial element on the other.” (Loukkola & Zhang, 2010, p. 9). The literature offers wide interpretation of quality assurance, the project will mainly consider Standards and Guidelines for Quality Assurance in the European Higher Education Area (ESG) that define standards and procedures for external and internal quality assurance. The study will also look to what extent quality culture as part of the organizational culture shares elements and values such as leadership, communication, participation and commitment. It will consider the extensive place of the role of communication in organizational transformation and in establishing effective organizational culture. Methods The study will offer a comparative analysis of university transformation in Germany and Georgia drawing on literature analysis on the topic, interviews with key actors in four selected case study higher education institutions as well as document analysis. Literature Review, theoretical framework and a first pilot case study results will be presented for the conference. Results In the study I will argue that there is a close interdependence between organizational transformation and quality assessment/quality culture. Internal quality assurance has a significant impact on development of conceptual framework and key aspects of a university as an organization.
It has become a truism that the Internet gives a range of private actors, such as social media, substantial power. They are thus able to control the communication processes, hold considerable authority over shaping opinions, and become the arbiters of free speech. That is why legal scholars and policymakers are searching for legal tools that would ensure a fair balance between the conflicting rights of these two groups of private actors (platforms and their users).
The aim of this presentation would be to reconsider the relationship between individuals and online platforms, analyze how horizontal online conflicts may be resolved (giving examples of some national legislation and EU proposal concerning digital services), and answer the question if the discretion of the platforms can be limited in order to protect rights and freedoms. The theoretical framework of the analysis would be the doctrine of the State’s positive obligations, as established in the current European Court of Human Rights case law.
The main argument would be that it is necessary to strengthen the public supervision over Internet platforms, in particular the way they resolve horizontal conflicts. The possibility of limiting their discretion, in order to provide individual protection, does not mean however creating the unlimited right of access to the platform in order to express any opinion or view (freedom of forum).
Electoral disinformation has become one of the most challenging problems for democratic states. All of them are facing the phenomenon of - both online and offline - dissemination of false information during pre-electoral period, which is harmful for individual and collective rights. As a consequence, some European countries adopted special measures, including summary judicial proceedings in order to declare that information or materials used in elec-tioneering are false and to prohibit its further dissemination. There are already three rulings of the ECtHR concerning this expeditious judicial examination provided in the Polish law. In December 2018 France passed complex regulation against manipulation of information that include similar mechanisms. This article, basing on the ECtHR’s case law and some national experiences, attempts to define the minimal European standard for measures targeted at electoral disinformation, especially judicial summary proceeding. It contains the analysis of the notion of electoral disinformation, defines the state’s positive obligations in this sphere, and indicates mayor challenges for the legal framework. The principal argument is that summary judicial proceedings – if adequately designed – cannot be questioned from the Convention standpoint and provide a partial solution to the problem of electoral dis-information.
The notion of civil service in Europe: establishing an analytical framework for comparative study
(2022)
The aim of this paper is to create an analytical framework for comparative study (FÖV project “The Transformation of the Civil Service in Europe”). It explores the scope and denotation of the terms “civil service” and “civil servant”. Its main argument is that a comparative legal ana-lysis should distinguish the notions of public service and civil service. Public service concerns a type of professional activity related to the exercise of all public power (legislative, executive and judicial). Civil servants are officials employed by the executive; they have special duties and responsibilities and are often subject to specific requirements. The employment regime is not decisive for the status of civil servant, due to the fact that government officials in Europe are employed both under public or private (labour) law. Nonetheless, they should enjoy stability of employment and exercise their competencies on a regular basis, not ad hoc.
The lecture explains how some of the well-established institutions of constitutional law are being questioned. It explains also how the experience of the XX-century atrocities and the emergence of the authoritarian regimes in Europe impacted on the State Theory, Political Science and Constitutionalism.
This chapter analyses the impact of the Internet and the shift in communication processes on the States’ obligations emerging from the European Convention on Human Rights (ECHR). It claims that the environment created by the Internet is different from the traditional one; that is, it substantially empowers a range of private actors such as social media and other Internet platforms. That is why in the light of the actual development of the ECHR’s standards, both the strict distinction between positive and negative State’s obligations, and an overall prefe-rence for the latter are anachronistic. This chapter claims that it is crucial to keep developing European minimal safeguards in horizontal online relations when human rights violation is a result of a State’s non-compliance with the positive duty. Against this backdrop, this chapter centers around the influence of the Internet on the exercise and protection of selected human rights and the changing nature of communication processes, as well as the game-changing shift caused by the growing power of private actors. It also includes a detailed analysis of the scope and content of positive State’s obligations emerging from the use of the Internet, focusing on substantive obligations (i.e., the legal framework and the allocation of responsibilities), as well as on the issue of the public guarantees for online pluralism and procedural obligations (the duty to provide responses to allegations concerning online ill-treatment inflicted by private individuals).
The use of social science knowledge in the policy of administrative reforms results in a remarkably reflexive connection between science and practice. In the case of the Federal Republic of Germany, too, which is being dealt with here, the state administrations have become significant promoters of the policy of science. Within the scope of social sciences not only the administrative science, but also diciplines such as the political science increasingly serve as an advisory science for public agencies. In this way part of the problems of science and practice is reflected in the use of social science knowledge in the policy fo administrative reforms.
Here, it will be argued that administrative modernization in the sense of the NPM is a global process but local in implementation. This amounts to the hypothesis that administrative modernization is 'culture and institution bound'. Tue institutional contingency approach taken in this study reflects the need to examine the nature of the multiple environmental conditions that structure how public organizations implement 'administrative modernization '. An environmental contingency model of administrative modernization strategies allows to reason on the NPM from "outside to inside" (Koiman and van Vliet, 1993:59) and to link two rather isolated concepts to each other: the governance concept with an interactive perspective on governing and the NPM concept with an orientation on the internal functioning of public organzations.
This research report presents the results of an international mail survey on the implementation strategies of innovative and modernizing public organizations in Germany, Great Britain and the U.S. The aim of the survey was to discover country-specific differences in the implementation of administrative modernization in various areas of modernization.
The survey was undertaken in 1996 among former quality award participants of German, British and American national quality awards. The data collected include organizational level responses from 400 different well-performing public organizations. A first data analysis shows that British public organizations are the most managerialist ones, American public organizations take a medium position and German public organizations are behind in most modernization areas. For most modernization strategies, the Anglo-American hypothesis proved to be a valid assumption, which means that British and American implementation strategies are more similiar than German and American strategies of administrative modernization.
The study starts with an extensive discussion various theoretical and methodological issues in the context of comparative 'New Public Management'. The following chapter is devoted to empirical issues involved with the use of quality awards as a source of empirical data. In accordance with the structure of this study, a two-level comparative analysis, the study proceeds to analysize contextual macro-level variables before it jumps into the empirical subgroup analysis of the survey data on modernization strategies. Last, but not least, the study concludes with hypothesis testing and by producing some tentative qualitative and quantitative country-specific profiles of administrative modernization.
The research report is written in English. A modified German version of this research report will be published in early 1998 in the series 'die innovative Verwaltung' by Raabe-Verlag, Stuttgart et al.
The study is focused on accounting and financial reporting of central and - where applicalbe - of state or provincial government. More or less as a by-product, some information has been gathered on budgeting procedures, on auditing practises, and on management accounting. Accounting and financial reporting of local authorities had to be excluded - mainly for the reason of limited financial resources to conduct this investigation.
Forming Civil Servants
(2018)
In recent years, partner countries of German development cooperation have voiced a growing interest in German public administration education. Against this background, we provide a systematic assessment of the system of public administration education – covering the vocational education and training (VET) program for the intermediate civil service, and the (dual) study program for the higher intermediate civil service. We identify elements of success within the German system and evaluate their relevance for an idea transfer to partner countries. Thereby, we identify four promising elements for partner countries: recruitment, „dualizing“ civil service training, institutionalizing fitness for transformation, and introducing a modularized concept. For each element we specify components and describe their potential benefits, basic conditions, and core ideas for exporting the element.
Administrative justice and the rule of law have often been in tension. However, they have converged over time as the scope of administrative justice and the conceptions of the rule of law have shifted. This chapter starts with the historical connections between administrative justice and the rule of law. It then maps ways in which the rule of law is expressed when ad-ministrative justice is embedded within administrative organization and when it is organized as a system external to the administration. This approach highlights the diversity of technical solutions to recurring questions across three major administrative systems (namely England, France, and the United States). This analysis also leads to highlighting two new challenges for the rule of law: first, how the rule of law responds to various forms of increasing administra-tive repression, and second, how the rule of law responds to globalization at a time when no coherent global administrative justice system exists.