VIII. Ohne Körperschaftsgarantie keine Reichsverfassung?

No Weimar Constitution without a guarantee of the corporate status of religious communities? The discussion about article 137 section 5 of the Weimar Constitution and its content in the National Assembly of Weimar. Some researchers hold that without the constitutional guarantee of the corporate status of religious communities in article 137 section 5 the Weimar Constitution in 1919 would not have come about. The minutes of the constituent Weimar National Assembly, however, do not indicate that the guarantee of the corporate status was in danger to fail in default of political consensus. Rather, the decision in favour of a constitutional guarantee of the corporate status had already been made early in the debate. Yet it remained unclear and controversial which rights this status contained, except of the right to taxation explicitly guaranteed by article 137 section 6 of the Weimar Constitution. The deputies assumed that the specific rights of the religious communities were not determined by Article 137 section 5 of the Weimar Constitution, but by the legislation of the German Länder.

“Deafening silence of theologians” vs. creative local parishes during the Corona pandemic?

21 million Germans belong to the Evangelical Church in Germany (EKD). This report will highlight initial official theological reactions of the EKD to the Corona pandemic. The Protestant Church faced widespread criticism from prominent figures for its handling of the pandemic. This papers gives an overview of the major objections and it looks at how the EKD and its representatives reacted to it. Yet this report also looks at the numerous resourceful initiatives of churches to react in creative formats to social distancing measures issued by the German Länder and/or the federal government. In sum, Covid-19 has had a huge impact on each congregation – as a community and for individual believers but also on the self-perception of the Protestant Church and its social relevance in an increasingly secularised society.

The incidence of infantile hypertrophic pyloric stenosis nearly halved from 2005 to 2017: analysis of German administrative data

Purpose Some paediatric surgical diseases showed a declining incidence in recent years, among which hypertrophic pyloric stenosis has been particularly striking shortly in the years after the millennium. We aimed to assess whether this development continued over the following decade, as it might offer the chance to better understand the underlying reasons. Methods We analysed data files obtained from the German federal statistics office for principal diagnosis of hypertrophic pyloric stenosis and pyloromyotomies from 2005 to 2017. Changes over time were assessed via linear regression for incidences per 1000 live births. Results In the respective time interval, there were a mean of 1009 pyloromyotomies (95% CI 906–1112) per year, of which a mean of 835 (95% CI 752–917) were performed in boys. The incidence of hypertrophic pyloric stenosis per 1000 live births almost halved between 2005 and 2017: it decreased by 0.12 pylorotomies annually (95% CI 0.09–0.14; P < 0.0001) in boys—from a maximum of 2.96 to a minimum of 1.63–and 0.03 pyloromyotomies annually (95% CI 0.02–0.04; P < 0.0001) in girls—from a maximum of 0.64 to a minimum of 0.28. There was considerable regional variation in incidences between the German länder. Conclusion The decreasing incidence of hypertrophic pyloric stenosis noted around the millenium continued into the following decades. The underlying reasons are unclear, which should prompt further research on the subject matter.

Strukturprobleme des Glücksspielrechts

Comprised of a plurality of legal actors and powered by a highly polarised social and legal discourse, German gambling law provides a framework for the ever booming gambling market. It is challenged by digitalization and by the internationalization of gambling. In addition, it faces adverse regulatory impulses, ranging from liberalization to a firm regulatory grasp within a couple of years. On the one hand, it purports to offer a sufficiently attractive supply of gambling products in order to draw the public into legal forms and away from illegal forms of gambling. On the other hand, its regulatory objective seeks to fence in and suppress the gambling urges of the population. On the whole, German gambling law is characterized by three, legally and factually interdependent problems. First, it needs to come up with a practical, inclusive and dynamic legal definition of its subject-matter, i. e.: what counts as legally relevant gambling? Second, it needs to define, maintain and implement larger objectives in regard to a target audience that do not overburden the executive und judicial branch with the need to reconcile contradicting regulatory impulses. Finally, it needs to guarantee a sufficient degree of implementation, which is achieved by combination of rational and high-quality legislation, adequate resources, and the necessary political will. Gambling law in Germany lacks these features to varying degrees. It, therefore, increasingly falls prey to mere legal symbolism that pretends to govern the gambling market much more than it actually does. The constitutional distribution of legislative and executive competencies in favor of the German Länder (“states”) is largely insufficient. Governing gambling in an international and highly digitalized market requires federal legislation and execution. The German federal authorities should consider federalizing gambling law by means of Art. 72 II GG and creating a federal gambling agency on the basis of Art. 87 III GG.