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Local Finance in Germany
(2016)
Loyalty in EU Law
(2016)
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.
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.
Freedom of information acts (FOIA) aim to improve the public’s opportunities to access official information from public authorities and hence to increase the level of transparency. Thus, it is important to know whether and to what degree the effects intended by establishing FOIAs are achieved and how their implementation could be improved. Hence, this article presents the evaluation of the Hamburg Transparency Law (HmbTG)– Germany’s first FOIA that binds authorities to disclose government information proactively. The purpose of the paper is to provide a valuable example of how evaluating FOIA might produce useful information for policymakers and public authorities. The analysis results, based on a mixed set of methods (i.e. standardised surveys, statistical secondary data, qualitative expert interviews, and criteria-driven document analysis), lead to the conclusion that the HmbTG was very effective in providing the direct access. On the other hand, it was found that strategies for implementing the law varied considerably between authorities, yet proactive disclosure was overall implemented effectively. Moreover, this law shows some weaknesses to be improved in the future. Besides providing practitioners with valuable insights into how a transparency law may be implemented, the evaluation of the HmbTG also provides researchers with ideas how FOIA evaluation might be conducted comprehensively.
Governments and energy operators are often confronted with local residents’ protest against the construction of new high-voltage overhead transmission lines, negative risk expectations, and a lack of public support. A frequently discussed strategy for dealing with these issues is to build underground cables instead of overhead lines. So far, however, there is not much empirical evidence of whether substituting overhead lines by underground cables actually reduces protest or affects public risk expectations and attitudes. This study contributes to filling this gap by comparing residents’ risk expectations, attitudes, and protest behavior observed at two grid expansion sites in Germany by means of a quasi-experiment. At the time when the data were collected, both grid expansion projects–an overhead line project in Lower Saxony and an underground cable project in Hesse–were at the same stage of the legally defined planning and approval procedure. After controlling for various potential confounders, we obtained results revealing that there are no differences in the risk expectations, attitudes, and protest behavior of residents interviewed at the two project sites, or only marginal ones. Hence, our findings do not support the assumption that building underground cables necessarily improves the situation with regard to risk expectations, attitudes, and protest behavior.
International Bureaucracy
(2016)
European Banking Union
(2016)
While traditionally the provision of public services was monopolized by the gov-ernment, lately service delivery has been challenged, resulting in more coopera-tions between private enterprises and the public sector. We discuss theoretically and based on empirical evidence the role of trust in these arrangements and under which conditions information can help to overcome a “trust gap”, contributing to the success of these cooperation. Additionally, we develop and test an experimental design that allows us to show which factors influence the public opinion in favor of these service arrangements and public-private cooperations. Therewith our paper does not only contribute to the investigation of information and trust in PA, but provides some implication for policy makers and the public administration.
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...
Student Space Control
(2018)
The role of the city changed within the knowledge economy. Knowledge has become the most important resource of urban prosperity and universities are considered the hope of city development (Van Winden 2009). Previous research has elaborated various dimensions in which universities interact with their home cities (or regions). They refer to economic impacts (e.g. Behr 2004; Florida 2006; Van Winden 2007; Gabe 2012), differ between forms of the spatial and structural integration of the university into the area (e.g. Larkham 2000; Kunzmann 2004; Gerhard 2012) or focus on social impacts of universities in the urban environment (e.g. Chatterton 1999; Sage et al. 2011; Smith 2004; Smith/Hubbard 2014; Gerhard, Hoelscher & Wilson 2017). All of these rely on a specific concept of space. However, they are lacking the neutral consideration of a fundamental factor of city development in university towns: students as urban agents (Russo/Tatjer 2007). Students constitute a considerable part of the population in university cities. As such, they need to play a key role in the analysis of the urban space. Drawing on a systematic literature review (Machi & McEvoy 2016), it is shown within this presentation that whenever students are subject to urban studies, either their role is conceptualized with a negative connotation (‘Studentification’: most important Smith 2004, 2008) or mainly depicted as leading to urban devaluation. As a counter draft to the prevailing approaches, the concept of ‘Student Urbanity’ (Steinmueller 2015) is introduced as an unbiased approach to the analysis of students as a source of urban processes of change. Using official (urban) statistics as well as observations and maps, the presentation highlights the results of a comparative case study, which exploratively tested this model in the cities of Heidelberg (Germany) and Montpellier (France) (Steinmüller 2015). Starting with the identification of distribution patterns of students’ residences, urban areas with a significantly high share of them are analysed with regard to the following research questions: - Which (social-)structural and spatial characteristics can be observed in these areas? - How do the students shape the urban space and infrastructure within the detected areas? - Which tendencies of revaluation respectively devaluation emerge from this influence? The presentation makes an empirical case for ‘Student Urbanity’ showing the relations between urban space and university with regard to students as agents of the development. It concludes with the discussion of this new student role as potential sources of reurbanisation as well as urban inequalities.
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.
Rethinking Public Governance
(2018)
Contributions for this volume are based on the conference "Rethinking Public Governance" held in Budapest at Hungary's National University of Public Service within the framework of the Transatlantic Policy Consortium (TPC) in 2015. The papers cover a range of topics, including the importance of education and of efficient management of government resources for successful democracy building processes, analysis of formality and informality in public administration, and analysis of select ethnic minority problems. The papers represent various approaches connecting research and policy.
"Smart Cities"
(2018)
"Smart City" Developments
(2018)
Technologies for the IoT have reached a high level of maturity, and a largescale deployment will soon be possible. For the IoT to become an economic success, easy access to all kinds of real-world information must be enabled. Assuming that not all services will be available for free, an IoT infrastructure should support access control, accounting, and billing. We analyze available access control and payment schemes for their potential as payment schemes in the IoT. In addition to security and privacy, we discuss suitability for direct client to sensor communication and efficiency.
We show shortcomings of existing protocols that need to be addressed by future research.
Introduction
(2018)
EU administrative law scholarship and practice remain confused about the reach and interrelation of arts 290 and 291 TFEU, which created the categories of delegated and implementing Commission acts. The introduction of these two different instruments of executive rule-making by the Lisbon Treaty has prompted attempts in delineating them, based on constitutional theories of separation of powers or functional differentiation. These attempts have failed to a large extent, all the more since the CJEU’s relevant case law has not been helpful in constructing a proper distinction. Today, recourse to arts 290 and 291 TFEU by the legislator takes place in the tension created between the fact that the Treaties, informed by an abstract constitutional distinction between legislation and execution, appear to have created categorically different acts, and the fact that delegated and implementing rule-making procedures in practice have become increasingly similar to each other. In simplified terms, the problem is that delegated and implementing acts appear – in terms of their foundation in primary law – as fundamentally different acts that are, however, adopted in practice through similar procedures, at the same time as their content and legal effects are indistinguishable in many or even in most cases. Yet, if we accept that the creation of two forms of Commission acts was prompted by some form of legal necessity or legitimate political will, then understanding the difference between delegating and implementing acts remains paramount.
Arts. 290 and 291 TFEU are notoriously hard to differentiate. However, there is some evidence that a separation on the basis of substantive regulation through delegated acts and procedural specifications by implementing acts is forthcoming. The substantive – procedural differentiation is not very clear cut, but it affords the institutions flexibility in answering new challenges while at the same time exerting some guiding force. This Conclusion describes the separation of delegated and implementing acts along the substantive – procedural differentiation but also points to problems ahead. Thus, constitutional ambiguity, an inappropriate reliance on pre-Lisbon doctrine and the lack of a common vision continue to plague the law on EU administrative rule-making. To find a way to fulfil the promise of simplification that is part of the Lisbon reform, the EU institutions will all need to take the procedural safeguards around delegated and implementing acts more seriously.