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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)
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.
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.
Law Reform and Law Drafting
(1993)
The papers collected in this volume were submitted in a dialogue seminar which took place in Bangkok form the 17th to the 21st of August 1992. The seminar was organized by the Office of the Juridical Council of Thailand and the Post-Graduate School of Administrative Sciences in Speyer, under the direction of Professor Dr. Dr. h.c. Heinricht Siedentopf.
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.
he third biennial workshop in Comparative International Governmental Accounting Research was held in Speyer, Germany, on 1st and 2nd April 1996. It was, as the prior workshops in Bergen (1992) and Valencia (1994) devoted to presentations and indepth discussions of finalized, ongoing and planned research in governmental budgeting, accounting, financial reporting and auditing. Financial contributions of Arthur Anderson & Co, Stuttgart, BASF AG, Ludwigshafen/Rhein and SAP AG, Walldorf made the workshop possible.
Main objectives of the CIGAR workshops are
to provide a forum for discussions of new, innovative, unfinished research;
to interest young researchers in the field;
to provide incentives and opportunities for international collaborative research and thus
contribute to the theoretical foundations of international governmental accounting.</li>
The focus this time clearly was on contextual analysis of governmental accounting systems with the exception of the papers of James L.Chan (its subject is budgeting), Ulrich Cordes (its subject is a content analysis and comparison of national accounting and governmental accounting) and at least partly the one of Norvald Monsen (it emphasizes the historical perspective).
Assessing the generalizable results, the workshop reached a consensus that we needed a better balance in future between quantitative and qualitative research, but that more descriptive studies and more data were needed before statistical studies would be possible; analyses of pronouncements of standard-setting bodies, especially international ones, seemed important; and significant work was needed on the processes of innovation, within-country standard-setting (even when there was no overt standard-setter), transition (in the emerging democracies and developing countries) and reform-implementation.
I myself and I am sure, all the delegates, acknowledge the willingness of the presenters to provide papers although this was not a requirement. The discussions were extremely interesting and beneficial and I would like to thank all workshop participants for their contributions. Thanks are also due to the staff of the Postgraduate School of Administrative Sciences Speyer and the Research Institute for Public Administration, in particular to Siegrid Piork and Christine Ahlgrimm, for their assistance in planning and organizing the workshop and in preparing this volume.
Vortrag auf einer Konferenz des American Institute for Contemporary German Studies am 24.6.1996 in Washington, D.C.
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.
This article outlines the his tory of several attempts to increase salaries and pensions of members of the German Bundestag in the early I990s. It shows the unethical tactics used by parliamentarians and the way in which public information was in part consciously designed to mislead. It is argued that Bundestag members tend to form a political cartel when decisions concerning their salaries and pensions are made. Similiar tendencies can be observed in all parliamentary decisions involving party finance, providing support for Katz and Mairs thesis that 'catch-all' parties are generally being replaced by 'cartel parties'. Having analysed the issues involved, the article calls for greater accountability and responsibility on the part of German politicians when their own personal advantage is at issue.
Der Forschungsbericht ist aus der mehrjährigen Kooperation des Council of State der Regierung Thailands und des Forschungsinstituts zu den Grundlagen einer rechtsstaatlichen Verwaltung entstanden. Er faßt die von der deutschen Seite erstellten Berichte zu der Implementation eines Verwaltungsverfahrensgesetzes und zu der Errichtung einer selbständigen Verwaltungsgerichtsbarkeit in Thailand zusammen. Diese Referate wurden auf den Dialogseminaren von 1996 und 1997 vorgetragen und diskutiert. Das auf dem deutschen Beispiel aufbauende Verwaltungsverfahrensgesetz ist im Frühjahr 1997 in Kraft getreten und bedarf einer konsequenten, aber auch realistischen Implementation in der täglichen Verwaltungspraxis der thailändischen Verwaltung. Mit einem Gesetzentwurf zu einer Verwaltungsgerichtsbarkeit, der seit dem Herbst 1997 dem Parlament vorliegt und damit zugleich eine Forderung der neuen Verfassung Thailands erfüllt, hat sich das Dialogseminar im August 1997 befaßt. Dieser Entwurf folgt kontinentaleuropäischen Rechtstraditionen und ist ein wichtiges Element der Rechtsstaatlichkeit, die auch durch unabhängige und spezialisierte Verwaltungsrichter gewährleistet werden soll.
Der Forschungsbericht enthält die englischsprachigen Übersetzungen des deutschen Verwaltungsverfahrensgesetzes und der Verwaltungsgerichtsordnung jeweils im Stand vom 1. Januar 1998.
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.
As the executive director or the Research Institute for Public Administration at the German Post-Graduate School of Administrative Sciences and host of the workshop "Regionalization below State-level in Germany and the United States" I would like to thank the President of the National Academy for Public Administration, R. Scott Fosler, for the fine and intensive cooperation which was the precondition for the good atmosphere and the fruitful scientific exchange during the conference.
I also want to thank the Regional Planning Association Rhein-Neckar, INFOBEST Kehl/Strasbourg and the Badische Stahlwerke AG - as destinations and hosts of our excursions they contributed to very useful insights. I am furthermore obliged to the Investitions- and Strukturbank Rheinland-Pfalz GmbH on whose invitation we were able to make our American guests familiar with the Pfälzer whine and cooking as well as to Mr. and Mrs. Siedentopf whose amiable reception at Godramstein was another highlight of our social activities.
Finally, I would like to express my gratitude to Ann Mladinov and Natascha Füchtner. Their close trans-atlantic preparatory management, their organizational work and assistance to the participants guaranteed the smooth and successful proceeding of the conference.
Forces of globalisation and localisation are inducing national governments to shift many tasks upward to international organisations and similar organisations as well as downward to provincial and local governments. Mismatches between financing (revenue and expenditure capacities), policy and management competencies can give rise to accountability problems. Emerging “performance partnerships” between levels of government are a promising tool that could transform these agency relationships into contractual arrangements that reduce agency and co-ordination costs. The summary report as well as the case studies from different OECD Member countries identify different types of intergovernmental partnerships, analyse the weaknesses of their accountability management and point out solutions to strengthen accountability of intergovernmental partnerships.
Fiscal equalisation refers to attempts within a federal or at least significantly decentralised system of government to reduce fiscal disparities among subnational jurisdictions by using monetary transfers, either explicitly defined as equalisation transfers or linked to other types of grants or spending programs. At first glance, there might be considerable differences between the European countries in terms of organizing and financing local governments. However, a number of problems being faced are remarkably similar: Revenues available to local government should match their responsibilities and tax resources should be sufficient to enable them to keep pace with changes in fiscal needs. Since it could be difficult to maintain a good balance between evolving responsibilities and own local revenues, any fiscal imbalance raises the case for financial transfers between different tiers of government. This book presents a collection of essays which mainly concentrate on different systems of fiscal equalization at the local level in Europe. Features of the equalization system as well as their recent reforms are discussed. Showing the influence of progressing European integration.
Party Time in Brussels
(2005)
All contributions examine the extent to which spatial aspects constitute a condition for successful governance in federal systems. Spatial developments influenced by the world wide trend of globalisation have far-reaching consequences for economic and fiscal policies. Several subjects are identified as the dominating future challenges for federal systems with regard to regional economic development and growth. Interpreting the experiences of several countries, the papers presented are dealing with the regional perspective of spatial externalities and public goods, challenges and problems of agglomerations, the regional incidence of public budgets, the concept of competitive federalism as well as the politics of urban change and metropolitan government. The final discussion deals with challenges of demographic change for the political and institutional structure of federal systems as well as the future demand and supply side of decentral public infrastructure.
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
National Report Germany
(2009)
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.