Die Nativierung des Standarddeutschen

Presently, Standard German is in the process of becoming a nativized variety of German after centuries without native speakers. Over the course of the twentieth and twenty-first century, an increasing number of speakers have acquired Standard German as a first language, marking an important transitional phase in its social history. The article first discusses this from a theoretical and socio-historical perspective before providing empirical evidence for this change: Drawing on data from an apparent time study (involving 142 participants aged 20 to 90) and an experimental elicitation (from 35 kindergartners), it documents that at the present stage two typologically distinct systems can be observed in Southern Germany: Both a non-standard suprasegmental system that allows stressed syllables to be light and the Standard German system that requires stressed syllables to be heavy exist and are used simultaneously. The analyses show an ongoing shift towards the Standard German syllable system, proving that the Standard German syllable system is indeed undergoing a nativization process. The article closes with implications for language teaching, variational linguistics and the typological assessment of German that arise from these findings.

Handelsgerichtsbarkeit

To this day, German commercial jurisdiction is characterized by the participation of expert lay judges. The work first shows in detail the historical roots and the development of the commercial judges in Italy, in France and in the German legal circles. In particular, the history of the so-called German system is discussed. Subsequently, the author analyzes the essential features of the modern KfH. In a third step, the historical findings are used as possible solutions for current reform efforts concerning the future of the KfH.

Politics and Administration in Germany

Although German bureaucracy is typically categorised as Weberian, a clear distinction between politics and administration has never been a defining characteristic of the German political-administrative system. Many close interrelations and interactions between elected politicians and appointed civil servants can be observed at all levels of administration. Higher-ranking civil servants in Germany are used to and generally appreciate the functional politicisation of their jobs, that is their close involvement in all stages of the policy process, from policy formation, goal definition, negotiation within and outside government to the implementation and evaluation of policies. For top positions, therefore, a class of ‘political civil servants’ is a special feature of the German system, and obtaining ‘political craft’ has become an important part of the learning and job experience of higher-ranking civil servants.

Civil Service and Public Employment

The German system of public sector employment (including civil servants and public employees) qualifies as a classical European continental civil service model moulded in traditional forms of a Weberian bureaucracy. Its features include a career-based employment system with entry based on levels of formal qualification. Coordinated by legal frames and centralised collective bargaining, the civil service is, at the same time, decentralised and flexible enough to accommodate regional differences and societal changes. In comparison, the civil service system stands out for its high degrees of professionalism and legal fairness with low levels of corruption or cronyism.

Control and Accountability: Administrative Courts and Courts of Audit

The control of the administration by administrative courts follows very particular rules. Two elements of the German system stand out: first, the intensive type of control which makes the scope for independent administrative decision-making an exception. Second, the quite strict restrictions on locus standi. The development of administrative law by the courts and its application by the administration are an elementary part of the German legalistic tradition. The courts of audit at all levels of government also play an independent role. They can control the proper as well as the efficient use of funds from the respective budgets. While there is no enforcement mechanism, the publication of the findings certainly leads to pressure to comply.

A contratação na sociedade massificada e as condições gerais de contratação no direito alemão

This article examines the way in which German law interprets the general conditions of contracts, a subject that is very relevant to the contractual system of mass society. Currently, it is very common to use contracts accompanied by some general conditions. Therefore, this paper examines how the German Civil Code has permitted the inclusion of general conditions of contracts in legal transactions, as well as in situations in which the judge is authorized to check the content of the general conditions of the contract. This paper also studies its field of action and the way in which the general conditions of the contracts are to be interpreted. Finally, this research emphasizes that the German system has regulated the matter since 1976 and presents a much more structured legislation than in the Brazilian legal system, which has allowed the Germans a more general and more abstract control of the matter, ensuring greater legal certainty.

Application of the Succession Regulation by German courts — Selected Issues

The article discusses the impact of the EU Succession Regulation on the German system of private international law. The change came with some important differences introduced in the text of the Regulation as in comparison to previous German solutions (especially the use of the habitual residence as the main connecting factor instead of nationality), and, as a result of the number of decisions of the CJEU on the Regulation (in particular the Kubicka case).The paper presents the most important, up-to-date German case-law relating to the EU Succession Regulation. It starts with the general remarks in that regard and continues to discuss judgments covering issues of jurisdiction, applicable law, and the European Certificate of Succession. Three conclusions are drawn therefrom. First, the cases show a general willingness of the courts to cope with the fundamental changes introduced by the Regulation. In particular, the concept of “habitual residence” is applied on the basis of an autonomous interpretation by reference to the case-law of the CJEU on Regulation Brussels IIa. Second, a number of decisions make apparent that the courts are sometimes slow to accept the consequences which flow from the changes brought about by the Regulation, and which oblige to re-consider the German practice in matters of international successions. That applies in particular to the issuing of the European Certificate of Succession. Third, German courts are generally ready to initiate cooperation with the CJEU by formulating preliminary questions (three questions posed by the end of 2019).