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- Lehrstuhl für Öffentliches Recht, insbesondere Europarecht und Völkerrecht (Univ.-Prof. Dr. Wolfgang Weiß) (5)
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This open access book presents a topical, comprehensive and differentiated analysis of Germany's public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well
as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digi-talization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.
Article 9 (Social Aims)
(2021)
Proportionality in English Administrative Law: Resistance and Strategy in Relational Dynamics
(2021)
Proportionality is at the centre of heated debates in English administrative law. It has been adopted for matters pertaining to European law and the European Convention on Human Rights, but its use in other areas parts of English administrative law is highly contentious. While some arguments in favour or against applying proportionality in England are similar to those exchanged in relation to other legal systems (such as tensions between increased objectivity in judicial control over administrative action vs. the desirability of more limited control), other arguments are more specific to English administrative law. To understand the challenges encountered by proportionality in English administrative law, this paper adopts a contextual analysis, putting the emphasis on the relational dynamics framing the interactions between the main actors involved in the proportionality test. Paradoxically, this perspective rehabilitates the analysis of the legal techniques behind transplants such as proportionality: indeed, transplants are vehicles for legal changes in ways that go beyond the circulation of ideas across the world. Instead of being merely superficial and rhetorical, transplants engage deeply with the whole gamut of institutions and actors in a legal system, calling on them to rearticulate their implied and explicit relationships.
The article introduces a research project carried out at the German Research Institute of Public Administration and the German University of Administrative Sciences Speyer. It examines the development, content and effectiveness of the written and unwritten standards of good administration drawn up within the framework of the Council of Europe (CoE).
Since the Treaty of Lisbon, trade policy has become an explicit part of the EU's external policy and integrated into the general framework of the EU´s external policy, but must also be in conformity with internal policies. Thus, trade policy is subject to a requirement of multiple coherence. Beyond constitutional obligations, other drivers work for the inclusion of non-genuine commercial policy objectives in trade policy, such as the orientation of contemporary trade politics towards the behind the border issues of national regulation, so that trade policy became closely intertwined with domestic regulatory policy. Therefore the actors primarily responsible for legislation, i.e. parliaments, advocate for their extended participation in determining trade policy, and rightly so for reasons of transparency, control and political inclusiveness. Parliaments thus become actors of respect for and positive consideration of non-commercial policy objectives in trade policy, which applies as well to the European Parliament (EP). Hence, an institutional design of policy formulation cycles and decision-making in EU trade policy that strives for better coherence of trade concerns with NTPOs must focus on strengthening the influence of the EP and improve its participatory rights in decision-making and its control and monitoring mechanisms. Consequently, the present paper derives proposals for improving EP´s monitoring mechanisms for the benefit of non-trade policy objectives (NTPOs) in trade policy from an analysis of weaknesses in the negotiation and implementation stage of trade policy.
Public Finance
(2021)
Digital technologies often have a dual-use nature, which means they can be used for both civil and military purposes. For instance, object recognition software can be used for auto-nomous civil driving or for autonomous targeting within armed drones. Thus, their uncon-trolled proliferation may pose risks to international peace and security. Generally, export controls aim to mitigate these risks while avoiding unreasonable restrictions on global trade and development. The novelty of digital dual-use items and the dynamics of their transfer pose new challenges for the international export control system and raise critical legal questions under international law. Does international law hold export control rules that sufficiently address the broad spectrum of relevant digital dual-use items and their rapid technological advancement? Furthermore, how do these rules treat the digital transfer of such items?
The presentation aims to answer these questions by, first, carving out the relevant inter-national export control rules. Secondly, the application of these rules to the digital dual-use items and their international transfer is analyzed. Finally, to the extent that the applicability is affirmed, the presentation will examine the international export control law’s requirements to the international transfer of digital dual-use items.
The Covid-19 pandemic is a multi-faceted crisis that challenges not only the health systems and other policy sub-systems in the single Member States, but also the European Union’s ability to provide policy responses that address the transnational nature of pandemic control as a union-wide ‘public good’ that affects health and social policies, border control and security as well as topics related to the single market. Thus, the pandemic constitutes a veritable capacity test for the EU integration project.
This article attempts to take stock of the Union’s early reaction to the first wave of the Covid-19 outbreak. After an introduction and a short note on the scope and methodology of the analysis a theoretical framework is developed. Scrutinising the pertinent literature on crisis management, we reflect the traditional hypothesis that in times of crisis the centre becomes more relevant against the background of the EU crisis management system, and discuss the role of informality in particular during the time of crisis. Against this backdrop, empirical evidence from interviews with EU officials and documents in selected policy fields (health and emergency management, digitalisation, and economic recovery) are analysed, before a discussion and conclusion complete the study.
Education plays a key role in knowledge society, since, from a meritocratic perspective, it opens up fair opportunities for well-paid jobs, thereby increasing social mobility and well-being more generally. In order to foster their economic competitiveness, cities are therefore encouraged to engage in knowledge-based urban development by trying to provide good schools and world-class universities to attract the “creative class.” However, meritocracy is a “myth,” as access to educational opportunities is itself socially biased. With the example of Heidelberg, a so-called “knowledge pearl,” we show how knowledge-institutions, such as the university, may shape socioenvironmental contexts in ways conducive to spatially selective access to—and use of—educational opportunities. Instead of reducing social polarization, knowledge-institutions may instead (re-)produce inequalities.
Policies to promote high participation in Higher Educations (HE) systems aim to deliver social justice and economic development through widening participation of under-represented groups. Degrees of Success provides a critical test of this through examination of participa-tion and success of learners progressing to HE with a vocational background.
Employing an original conceptual framework that combines the ideas of Basil Bernstein and Pierre Bourdieu the authors analyse the various transitional frictions experienced by learners with VET backgrounds on their journeys into and through the HE system. The findings indi-cate that including students with vocational qualifications does lead to widening participation but that their modes of participation may not provide fair access and outcomes. In part this is due to the epistemic incompatibilities between higher and vocational education which remain unresolved despite constant VET qualification reform.
This book, therefore, extends the debate about widening participation beyond metaphors of barriers to access to consider the epistemic and pedagogical challenges of increasing student heterogeneity in high participation HE systems. The analysis and policy suggestions therefore have relevance for all seeking to support students' HE learning journeys, and policy makers concerned with how best to utilise HE systems as means of furthering social mobility and justice.