The New Legislative Competence of "Divergent State Legislation" and the Enactment of a Federal Environmental Code in Germany

2007 ◽  
Vol 4 (3) ◽  
pp. 181-194
Author(s):  
Benjamin Klein ◽  
Uwe Müller
Keyword(s):  
Environmental Issues ◽  
The Other ◽  
Federal Legislation ◽  
Federal System ◽  
European Law ◽  
State Legislation ◽  
Federal States ◽  
Comprehensive Reform ◽  
The One ◽  
National Environmental

AbstractIn the course of the comprehensive reform of the federal system (Föderalismusreform) which entered into force on 1 September 2oo61, the Federation (Bund) has been granted additional legislative competencies with regard to environmental issues. At the same time, however, the newly established legislative competence of "divergent state legislation" (Abweichungsgesetzgebung) allows the Federal States (Leinder) to enact laws deviating from federal legislation in certain areas. On the one hand, the strengthening of legislative competencies of the Federation with regard to environmental issues enables the enactment of a Federal Environmental Code, which has been under discussion for many years. On the other hand, deviating provisions of the Federal States could undermine the integrative effects of such a code. However, the vast majority of national environmental regulations are mandatory implementation of European law. Thus, the question arises whether the new legislative competence of "divergent state legislation" will even become relevant in practice and whether it will actually impede an integrative Federal Environmental Code, or if the duty to observe European law will serve as a corrective influence and prevent the Federal States from undermining a Federal Environmental Code by precluding them from making extensive use of their powers to enact divergent legislation.

scholarly journals Blending Christianity and Ecology in Margaret Atwood’s The Year of the Flood

2020 ◽  
Vol 8 ◽  
pp. 97-109
Author(s):  
Laura Suchostawska ◽  
Keyword(s):  
Environmental Issues ◽  
The Other ◽  
Conceptual Integration ◽  
The Bible ◽  
Religious Cult ◽  
The One

The article presents a study of selected sermons and hymns created by a fictional eco-religious cult called God’s Gardeners, which appear in Margaret Atwood’s novel The Year of the Flood. These texts are analyzed by means of Fauconnier and Turner’s theory of blending (conceptual integration). They are a mixture of different areas: the Bible and Christianity, on the one hand, and current environmental issues and science, on the other. The application of blending theory demonstrates how new interpretations of the Bible can be constructed as a result of blending two or more different input spaces to form a new story.

scholarly journals Regulierung des Glücksspiels in Deutschland: Das Glücksspielgesetz Schleswig-Holsteins und der Glücksspieländerungsstaatsvertrag aus ökonomischer Perspektive

2013 ◽  
Vol 62 (1) ◽  
Author(s):  
Ulrich Schmidt ◽  
Katharina Lima de Miranda
Keyword(s):  
Sports Betting ◽  
The Other ◽  
Necessary Condition ◽  
Tax Rates ◽  
German State ◽  
Federal States ◽  
Tax Revenues ◽  
German Federal States ◽  
Online Poker ◽  
The One

AbstractThis paper compares the two laws effective for the regulation of gambling in Germany from an economic perspective. On the one hand there is the new and relatively liberal federal Gaming Amendment Act of Schleswig- Holstein (GAA) and on the other hand the German State Treaty on Gambling (GST), which was signed by the remaining 15 German federal states. First, two goals are derived that should be pursued by the regulation of gambling realization of tax revenues and the reduction of problem gambling. Channeling gambling into the regulated market is a necessary condition to achieve both objectives. As the GAA can be expected to realize a higher degree of channeling due to more competitive tax rates as well as the inclusion of online poker and casinos, it appears to be overall superior to the GST. It is in particular incomprehensible that online poker and casinos are not included in the GST, since on one side they have a high potential for addiction and should thus be regulated and on the other side allow to generate higher tax revenues compared to sports betting for example.

scholarly journals The conflict between agribusiness and indigenous peoples of Brazil

2021 ◽  
pp. 162-180
Author(s):  
M. Megre
Keyword(s):  
Indigenous Peoples ◽  
Environmental Issues ◽  
Indigenous Communities ◽  
The Other ◽  
Territorial Dispute ◽  
Brazilian Society ◽  
Agricultural Business ◽  
The Government ◽  
The One ◽  
Racial Ethnic

The ongoing conflict between agribusiness and Brazilian indigenous peoples is one of the largest conflicts in contemporary Brazil. It combines territorial dispute with racial, ethnic, and environmental issues. On the one hand, as the Brazilian economy mainly relies on agriculture, agricultural business has consolidated power across the country, strongly supported by the government. On the other hand, indigenous communities have been fighting for decades to have their territory demarcated and to ensure their people‟s security and rights. Apart from unsettled issues between indigenous communities and agribusiness, confrontation is aggravated by social intolerance and the heritage of colonialism. Despite being one of the most violent and widespread conflicts in the country, it is often disregarded and silenced by the Brazilian media, and the Brazilian society is barely aware about it.

scholarly journals Segmented Partisanship in a Federal System

1993 ◽  
Vol 13 ◽  
pp. 425-443
Author(s):  
Michael A. Maggiotto ◽  
Gary D. Wekkin
Keyword(s):  
The Other ◽  
Performance Evaluations ◽  
Federal System ◽  
Global Schema ◽  
The One ◽  
American Federalism

One intention of American federalism, according to Madison, was to provide different contexts into which politics might be organized. Segmented partisanship is a reflection of and a response to the differentiation of power, roles and opportunities that federalism made possible. Accepting partisanship as a collection of schemata, choice among which is contextually determined, permits us to see a greater consistency among performance evaluations and electoral decisions, on the one hand, and partisanship on the other, than a single, global schema allows.

Methods of Interpreting Competence Norms: Judicial Allocation of Powers in a Comparative Perspective

2013 ◽  
Vol 14 (8) ◽  
pp. 1501-1521 ◽  
Author(s):  
Maribel González Pascual
Keyword(s):  
Fundamental Rights ◽  
The Other ◽  
Comparative Perspective ◽  
The Political ◽  
Federal System ◽  
Other Hand ◽  
The One ◽  
Constitutional Analysis ◽  
Political Compromises

The comparative constitutional analysis of federalism is particularly complex. On the one hand, “[e]ach federal bargain is in important respects unique to the parties' situation,” in contrast to constitutional provisions asserted to guarantee fundamental rights. On the other hand, “provisions concerning federalism may have different historical meanings in a particular polity, tied in different ways to the political compromises.” In addition, the federal system relies on an “interrelated package of arrangements.” Therefore, no element should be considered isolated from other elements of the federal compromise. As a consequence, in order to compare federalism issues it may be necessary to evaluate “the entire interrelated structure.”

scholarly journals The Consequences of Sentenza 238/2014: What to Do Now?

2021 ◽  
pp. 215-218
Author(s):  
Doris König
Keyword(s):  
Constitutional Law ◽  
Legal Order ◽  
The Other ◽  
Constitutional Court ◽  
European Law ◽  
Constitutional Courts ◽  
International Court Of Justice ◽  
International Court ◽  
Close Relationship ◽  
The One

AbstractThis chapter illustrates the two ways in which national constitutional courts can deal with a conflict between international or European law on the one hand and national constitutional law on the other hand. The dualist approach of not complying with international or European law comes at the risk of undermining respect for an external legal order and in the author’s view should thus be used in exceptional cases only. The chapter argues that the test of equivalent protection is more constructive but requires a close relationship between the legal orders involved. Therefore, this option is difficult to apply in cases which are about conflicts with international and not with European law. In Sentenza 238/2014, the Italian Constitutional Court chose a dualist approach. Although the legal path has not been exhausted yet (Germany could bring another case before the International Court of Justice), the author advocates negotiations with the aim of achieving a political solution which takes into account the interests of all parties involved.

Wirtschaftliche Bürgerbeteiligung

2021 ◽  
Author(s):  
Daniel Weinke
Keyword(s):  
Renewable Energy ◽  
Renewable Energy Sources ◽  
State Legislature ◽  
The State ◽  
Fundamental Rights ◽  
The Other ◽  
Energy Sources ◽  
Applicable Law ◽  
Federal States ◽  
The One

The Mecklenburg-Vorpommern state legislature addresses the tension between the expansion of renewable energies on the one hand and acceptance problems on the other with a participation law on mandatory economic participation. This raises the question of compatibility with applicable law, in particular whether the state legislature has the power to legislate. Furthermore, the author shows the framework for a regulation and takes a position on possible encroachments on fundamental rights by such a regulation. The topicality of the study is demonstrated by the constitutional complaint pending against the law, as well as by the dynamic legislation - for example, Section 36g (5) of the Renewable Energy Sources Act now stipulates an opening clause for the federal states.

Environmental Implications of DisarmamentThe CWC Case

2017 ◽  
Author(s):  
Ayṣe-Martina Böhringer ◽  
Thilo Marauhn
Keyword(s):  
Environmental Protection ◽  
Environmental Issues ◽  
Primary Objective ◽  
The Other ◽  
Chemical Weapons ◽  
Environmental Implications ◽  
Chemical Weapons Convention ◽  
Environmentally Sound ◽  
The One ◽  
The Relationship

The Chemical Weapons Convention (CWC) does not only entail a set of specific disarmament obligations. It also addresses how chemical weapons and chemical weapons facilities are to be eliminated, including the elimination of weapons abandoned on other states’ territory. It goes without saying that in the context of implementing these obligations, apart from the details for an environmentally sound disposal, multilateral environmental obligations will have to be taken into account. Although at least some provisions of the CWC relate to environmental issues, the Convention is silent on the question of the standards to be applied. In that respect, the chapter has a closer look at the relationship between environmental protection on the one hand, and chemical weapons destruction as the primary objective of the CWC on the other hand. The chapter addresses the cases of ordinary CWC-based elimination, but also the specific circumstances of the Syrian case.

Media life in the Anthropocene

2020 ◽  
Vol 1 (1) ◽  
pp. 27-31 ◽  
Author(s):  
Ignacio Bergillos
Keyword(s):  
Human Activity ◽  
Environmental Issues ◽  
Intimate Relationship ◽  
The Other ◽  
Way Of Life ◽  
Short Article ◽  
Daily Lives ◽  
Use Of Technology ◽  
The One ◽  
Agent Of Change

This short article focuses on the interrelation of two seemingly invisible phenomena that have a growing influence on our daily lives: on the one hand, our intimate relationship with devices and practices mediated by technology, which make up our media life, and on the other, the great impact that our way of life has on the planet that we inhabit, which invites us to think about our role in the Anthropocene, a new geological era in which human activity is the main agent of change in the Earth’s ecosystems. Regarding these key trends as closely connected gives us the opportunity to find accessible solutions to our daily concerns on environmental issues. In other words, considering our media life in the Anthropocene means to be aware of the challenges that we face while asking ourselves how to claim a responsible use of technology that ‐ in line with our humanity ‐ will help us to confront them.

Die Zweckentfremdung des kommunalen Kassenkredits – eine rechtlich-ökonomische Analyse

2010 ◽  
Vol 11 (2) ◽  
pp. 178-203 ◽  
Author(s):  
Christoph Gröpl ◽  
Friedrich Heinemann ◽  
Alexander Kalb
Keyword(s):  
The Other ◽  
Economic Perspective ◽  
Short Term ◽  
Institutional Perspective ◽  
Federal States ◽  
German Federal States ◽  
Improper Use ◽  
Short Run ◽  
Ökonomische Analyse ◽  
The One

AbstractThe volume of short-term liquidity credit (“Kassenkredit”) of the German municipalities has increased rapidly in the last two decades. This development suggests that this debt instrument has been diverted from its original purpose, namely as an instrument of bridging short-run liquidity shortfalls. In this paper we analyze the reasons for this development - from a legal and institutional perspective on the one hand, and from an economic perspective on the other hand. One key result of the analysis is that this development is partly due to the lacking intervention of municipal supervision institutions from the L¨ander (German Federal States). Obviously, the Länder tolerate the abuse of the Kassenkredit in order to avoid more open types of debt. In addition, we investigate how the introduction of the doubly-entry bookkeeping in the municipalities affects the (improper) use of short-term liquidity credits. Finally, we point to the potential of the municipal Kassenkredit as a loophole in the new German constitutional debt brake.

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