Report 2010 – 2011 2010 Report

Report 2010 – 2011

Max Planck Institute for Social Law and Social Policy Report 2010–2011

Max Planck Institute for Social Law and Social Policy, Munich (from 1 July 2011)

Max Planck Institute for Foreign and International Social Law, Munich (until 30 June 2011)

Contents Contents

Preface 7

I. Foreign and International Social Law 9

1. Introduction 10 1.1. Objectives and Design of Institute Research 10 1.2. Main Fields of Research 11 1.3. Promotion of Junior Researchers 15

2. Europeanisation and Internationalisation 17 2.1. The Implementation of "Freedom of Movement for Workers" in the German-Polish Relationship under Labour and Social Law Aspects 17 2.2. EU State Aid Law and Financing of Social Services at Municipal Level 21 2.3. International Standard Setting and Innovation in Social Security 23

3. Changes in Developed Countries 25

Regulatory Instruments and Forms of Action 3.1. Individualised Health Care: Ethical, Economic and Legal Implications for the German Health Care System 25 3.2. Reimbursement of Off-Label Drugs from the Perspective of Social Law and Liability Law 26 3.3. Residents in Stationary Care and their Role as Customers – Social Service Provision and the Right to Self-Determination 28

Organisational and Structural Reforms in Social Benefits Systems 3.4. Social Services and Assistance through the Local Community – Tasks and Functions of the Municipalities in the context of the Europeanisation of the Social State Principle 30 3.5. Crime Victim Compensation Law in Europe – A Comparison 31 3.6. Raising the Retirement Age: An International Comparison 33 3.7. Governance of Occupational Pension Schemes 34 3.8. Turkish Social Assistance Law: Basic Protection in Old Age and in the Event of Disability 36

The Status of Family and Civil Society in Social Security 3.9. Time for Responsibility in the Life Course – Political and Legal Strategies 38 3.10. New Family Structures and Changing Gender Role Models as a Challenge to Social Law 40 3.11. The Situation of Single-Parent Families: A Comparison 44 3.12. Early Childhood Care and Education in Italy 45

4. Transformation in Threshold Countries 47 4.1. The Right to Health in Latin America 47 4.2. The Ibero-American Multilateral Agreement on Social Security 48

5. Multi-Focus Research 49 5.1. Emeritus Workplace Hans F. Zacher: The History and Crisis of the Social Market Economy 49 5.2. The Marketing of Naming Rights to Sports Facilities in National and International Law 53 5.3. Doping Control Systems and the Personal Freedom of Athletes 55

1 Report 2010 – 2011

6. Promotion of Junior Researchers 58

Doctoral Group: "The Triangular Benefit Delivery Relationship in Social Law" 6.1. Further Education as Social Law 58 6.2. Occupational Rehabilitation of Persons with Disabilities in Germany and Switzerland 59 6.3. State Pricing for Reimbursable Pharmaceuticals and Legal Limits 60 6.4. Individual Cooperation for Young People – Service Provision Law in the Area of Child and Youth Services 61 6.5. Price Control Mechanisms in the Provision of Medical Devices 63

Doctoral Group: "Social Security and Long-Term Care Dependency" 6.6. Social Security and Long-Term Care Dependency 64 6.7. Coordination of Social Services for the Provision of Long-Term Care 65 6.8. Quality Assurance in Home Care 66

Individual Dissertation Projects 6.9. Social Security Contributions 67 6.10. Quality Assurance, Pricing and Rationing – Cost-Benefit Assessment of Health Technologies 68 6.11. State Responsibility for Inpatient Long-Term Care Services 69 6.12. The Right to Hear a Specific Physician (Section 109 SGG) in Social Court Practice 70 6.13. Social Security in the People's Republic of China 71 6.14. Greek Pension Insurance 72

II. Munich Center for the Economics of Aging (MEA) 75

1. Overview 76 1.1. MEA and its Origins 76 1.2. Scientific Background 76 1.3. Department Structure and Thematic Priorities 78 1.4. Scientific Advice on Policy Issues 81

2. Old-Age Provision and Social Policy 81 2.1. The German Pension System in an International Comparison 81 2.2. International Social Security Project: Incentive Effects on Early Retirement 81 2.3. Country Studies 82 2.4. Politico-Economic Analysis of Pension Reform Options 82 2.5. Maintaining Social, Economic and Political Stability in Times of Demographic Change 82 2.6. Raising of the Statutory Retirement Age to 67 83 2.7. Analysis and Assessment of Old-Age Pension Policy Measures 83 2.8. Analyzing Public Knowledge about the Riester Subsidy 86 2.9. Correct Actuarial Calculation of Pension Reductions 87 2.10. The Pension Simulation Program MEA-PENSIM 88 2.11. Implicit Taxation in the German Social Insurance System 89 2.12. Redistributive Flows in the German Social Insurance System 90 2.13. Contribution Determinants in German Statutory Health Insurance and Social Long-Term Care Insurance 90 2.14. Statutory Health Insurance Simulation Model (MEA-GKV-SIM) 91 2.15. Analysis and Assessment of Policy Measures in the German Health and Long Term Care Insurance Sectors 91 2.16. Poverty among the Elderly in Germany 91

2 Contents

2.17. Financial Literacy and Retirement Planning 93 2.18. Financial Literacy and Private Pension Provision 93 2.19. Instant Gratification and Self Control in an Experiment with Children and Teenagers 94 2.20. Who Lost the Most? Financial Literacy, Cognitive Abilities and the Financial Crisis 94 2.21. Riester Pensions and Life Expectancy 95 2.22. Do Smarter Consumers Get Better Advice? An Analytical Framework and Evidence from German Private Pension Schemes 95 2.23. How Financially Literate are Women? Perspectives on the Gender Gap 95 2.24. Personal Preferences and Retirement Behavior 96 2.25. Individualized Supply of Retirement Planning Information in Sweden 96

3. Health Economics 97 3.1. Health and Retirement Behavior 97 3.2. Pensions for Reduced Earning Capacity and Health Status 97 3.3. The Influence of Group Structures on the Sickness Absence Rate 97 3.4. Aging, Cognitive Abilities and Retirement 98 3.5. Education and Cognitive Abilities 98 3.6. The Long-Lasting Effects of Parental Socio-Economic Background 99 3.7. Older People's Statements on their Childhood Circumstances 99 3.8. Practice Fee and Consultation Behavior 100 3.9. Extensions to the Hurdle Model 100 3.10. Long-Range Effects of Workload and Maternity on Health in Old Age 100 3.11. Education and Health 101 3.12. Health Inequality in Childhood 101 3.13. Social Determinants of Mental Illnesses 101 3.14. Health Shocks and Joint Retirement Decisions 102 3.15. Education-Related Inequalities in Dental Service Utilization by Europeans Aged 50+ 102

4. Macroeconomic Implications of an Aging Society 103 4.1. Demographic Change, Human Capital, Pension Reforms and Welfare 103 4.2. Subjective Retirement Expectations in SAVE 103 4.3. The Income and Asset Situation of German Baby Boomers 103 4.4. Saving and Old-Age Provision in Germany (SAVE) 104 4.5. Decision Areas and Risk Preferences 105 4.6. Risk Preferences and Savings Behavior of German Baby Boomers: A SAVE Data Analysis 105 4.7. Age and Labor Productivity in Truck Assembly 105 4.8. Are Mixed-Age Teams Better? 106 4.9. Age and Labor Productivity in the Insurance Industry 106

5. Survey of Health, Ageing and Retirement in Europe (SHARE) 106 5.1. SHARE Survey Management 107 5.2. Multinational Advancement of Research Infrastructures on Aging 108 5.3. CHANCES – Consortium on Health and Ageing Network of Cohorts in Europe and the United States 110 5.4. New Perspectives of Research on Aging: Linking SHARE with Administrative Data and Biomarkers 111 5.5. Intergenerational Relationships in Europe 113 5.6. Life Courses in Europe: Early Life Events and Later Life Outcomes 113 5.7. SHARE Research Data Center 114 5.8. Measuring and Explaining Interviewer Effects 114 5.9. Methodological Perspectives on Linking Survey Data and Administrative Data 114

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5.10. The Effects of Unilateral Divorce Laws in Europe 114 5.11. Ethnic Discrimination in the German Housing Market 115 5.12. Attrition of Alteri Respondents in a Multi-Actor Survey 116 5.13. Respondent Incentives, Interviewer Training and Respondent Behavior 116 5.14. Interviewer Effects on Attrition in the Fourth Wave of the German SHARE Study 116 5.15. Compatibility of Caregiving and Career – An Analytical Life Course Perspective 116 5.16. Social Determinants of Depression in Later Life 117 5.17. Marriage Stability 117 5.18. Ethnic Inequality Based on Discrimination 118 5.19. Ethnic Differences in Access to Vocational Training: Discrimination? 119 5.20. International Cooperation: The "SHARE Family" 121

III. Max Planck Fellow Group: Inclusion and Disability 125

1. Introduction 126

2. Projects 129 2.1. Persons with Disabilities and a Migrant Background 129 2.2. The German Basic Law in Light of the UN Disability Rights Convention 130 2.3. Social Security and Persons with Disabilities in "Developing Countries" 131 2.4. Seeking Competence: Concepts and Standards for Good Employees in the Focus of Social Service Provision 132 2.5. Counselling for Families of Children with Disabilities 134 2.6. Consolidation, Flexibilisation or Erosion of Standard Biographies? The Contribution of Diversity Management to Social Inclusion 135 2.7. Diffusion and Inclusion: The Implementation of the UN Convention on the Rights of Persons with Disabilities in East Africa 136

IV. Events Organised by the Institute 139

1. A Social Event! Ceremony on the Occasion of the Establishment of the Second Department 140

2. Symposia, Conferences and Workshops 143 2.1. Foreign and International Social Law 143 2.2. Munich Center for the Economics of Aging (MEA) 146 2.3. Max Planck Fellow Group 147

3. Guest Lectures 150

4. Visitors and Delegations 151

V. Publications 153

1. Publications of the Institute 154

2. Publications by the Institute Staff 155 2.1. Foreign and International Social Law 155 2.2. Munich Center for the Economics of Aging (MEA) 163 2.3. Max Planck Fellow Group 164

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VI. Papers and Lectures 165

1. Papers 166 1.1. Foreign and International Social Law 166 1.2. Munich Center for the Economics of Aging (MEA) 173 1.3. Max Planck Fellow Group 176

2. Lectures and Courses 181 2.1. Foreign and International Social Law 181 2.2. Munich Center for the Economics of Aging (MEA) 182 2.3. Max Planck Fellow Group 182

VII. Grantees and Guests 185

1. Grantees 186 2. Guests 186

VIII. The Institute 189

1. Personalia 190 2. Scientific Advisory Board and Board of Trustees 194 3. Institute Library 195 4. Information and Communication Technology 198 5. Honours 198 6. Work of Institute Members in External Bodies 199 7. Expertises 203 8. Alumni Meeting 2010 204

Imprint 207

5 Report 2010 – 2011

6 Preface

Preface be followed by the report of the Max Planck Fellow Research Group on "Inclusion and The year 2011 has brought about significant Disability" (III.). It becomes clear from the changes for the Institute. At the beginning of various individual parts that the Institute the year, Prof. Axel Börsch-Supan, Ph.D., places strong focus on the promotion of ju took office at the Institute as scientific mem- nior researchers, as well as on cooperation ber of the Max Planck Society. Thus, the In- with universities in both Munich and many stitute, founded in Munich in 1976 in the other parts of the world. form of a project group for international and comparative social law under the leadership The expansion of the Institute naturally in- of Prof. Dr. Dr. h.c. mult. Hans F. Zacher, and volved extensive rebuilding and enlargement transformed in 1980 into the Max Planck In- measures. A special word of thanks is due to stitute for Foreign and International Social all administration and IT staff for their ex- Law, is now for the first time run by two di- ceptional dedication and support during this rectors. period. Changes at the Institute during the reporting period, yet unrelated to the expan- Due to the appointment of the second direc- sion process itself, also occurred in the staff. tor, the Institute has substantially expanded A complete overview is given in VIII.1. its area of work: One department, headed by Ulrich Becker, will continue its research on The Institute continues to enable scholars to foreign and international social law, while conduct social law and social policy research the second department, the "Munich Center in a first-rate environment whose resources for the Economics of Aging" (MEA) will ded- are unrivalled inside and outside Germany. icate its research to social policy under the All Institute publications are listed in V. Ex- leadership of Axel Börsch-Supan. As of 1 July cellent work facilities as well as the expertise 2011, the Institute was consequently re- of its staff have made the Institute an interna- named Max Planck Institute for Social Law tionally recognised centre for social law and and Social Policy. social policy studies that continues to attract researchers from all over the world (cf. Vll.). As early as March 2010, a new research This is ultimately also due to its library, which group started its work at the Institute under comprises more than 110,000 volumes and the leadership of Max Planck Fellow Prof. thus offers a unique basis for comparative Dr. Elisabeth Wacker. This group examines research in social law and social policy (cf. the structures, measures and impacts of pre- VIII.3.). The promotion of visiting scholars vention, rehabilitation and health develop- and the organisation of guest lectures, work- ment from a national and international per- shops and conferences, as well as the recep- spective. tion of visiting guests (cf. IV) foster both international and interdisciplinary exchange. The layout of the present Report 2010 – 2011 is in line with the new organisational structure of the Insti- tute. The first two chapters shall outline the respective research tasks of the two departments. The endeavour is to give a brief, but com prehensive, account of the Institute's tasks, beginning with the Department of So- cial Law (I.), then describing the tasks of the Department of Social Policy (II.), bearing in mind that the latter only started its work at the Insti- Prof. Axel Börsch-Supan, Ph.D. and Prof. Dr. Ulrich Becker, tute in July 2011. This shall LL.M. (EHI).

7 Report 2010 – 2011

Besides conducting its own research projects and promoting junior researchers, the Insti- tute also strives to communicate its findings on German, European and international social law at home and abroad by participating in diverse conferences, workshops and lecture events (cf. VI.). This very often also involves exchanges with experts from practice working at ministries, associations and social benefits institutions, as well as with politicians. In this way, the Institute seeks to not only perform advisory tasks, but to also en able its staff to take practice-related issues as an opportunity for further in-depth study or for the reconsideration of hypotheses.

In presenting this report, we hope to be able to not only supply an account of the Insti- tute's activities, but also to give our readers an insight into the various developments of social law and social policy, and to promote interest in research related to these fields. It would be a valuable enrichment to all our staff if this could also foster new contacts and thus create new impulses for research at the Institute. On that note, I would again like to express my personal gratitude to all staff members for their work and commitment.

Munich, December 2011

Ulrich Becker

8 I. Foreign and International Social Law Report 2010 – 2011

1. Introduction possible in the form of overall studies or needs-based macro-comparisons, or must Ulrich Becker at least again include legal systems with varying basic normative concepts, since 1.1. Objectives and Design of Institute they are to convey fundamental informa- Research tion regarding an entire area of social benefits law. In terms of social policy they are Contents and Methodology revealing in that they reflect the complexity of intervention on the part of the wel- (1) Social law, the core area of research of fare state. the Institute's Social Law Department, is the law of social benefits. Social benefits are . Comparative social law may also be used those benefits which are provided by the specifically for obtaining legal knowledge. government, or for which at least some sort Within this meaning, comparative legal of public responsibility is assumed, and research may be directed at working out which pursue a particular social objective. common principles and application rules, The social objective of these benefits is to at facilitating the systematisation of na- help, support and protect individuals, adjust tional social law, and at recognising for- Prof. Dr. Ulrich Becker, LL.M. imbalances, or compensate for social disad- eign doctrinal particularities. (EHI) vantages. Their granting is based on the adoption of some sort of state responsibility. Country-Based Research Approach The functionality of social law is also a determining factor as regards its transformation. The research staff of the Department of So- cial Law observe and analyse developments (2) This transformation process is examined in social law and social policy in a number of in Institute research primarily by means of European and non-European countries. Re- comparative law projects. In times of reforms search is country-based and includes further pertaining to social law great interest is still assignments for specific subjects and for the expressed with regard to information on al- observation of international organisations. ternative solutions to socio-political problems. This division of tasks was and is basically up- Due to their level of detail and accuracy, held, because social law is and will continue comparative legal studies are particularly ca- to be shaped primarily by national factors. pable of providing precise and complete in- Country-specific societal, economic and cul- formation on the institutional conditions and tural backgrounds are therefore essential to particularities of a specific social policy. In the understanding of law, and it is in this this regard, different configurations are to be sense that the expertise acquired by all staff selected depending on the respective overall of the Institute in the course of their long- aim: standing activities can be brought to fruition. A chief policy in engaging new research staff . If they are to illustrate the effects of the has been to seek experts on national social law, they can by way of single case studies law regimes which are of particular signifi- examine particular forms of intervention cance to development and reform processes. on the part of the welfare state or focus on Worth noting in this context is that country- particular steering instruments. In such specific investigations by no means become cases, the conditions for the effectivity of obsolete through processes of Europeanisa- the law should be included and information and internationalisation. This is because tion should be given on either the various social law is characterised to a much lesser approaches to a solution via law or the extent than other fields of law by unitarisa- various fields of application of law. tion tendencies. It goes without saying that the Institute-based knowledge of foreign law . The interface between the socio-political is increased by including scholars from and the legal responsibility hosts studies abroad in individual projects or by conduct- which give information on the interplay of ing projects with foreign cooperation part- different social benefits systems in the ners (see also VIII.7.). context of coping with particular social needs. They are to be set up as broadly as

10 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

Personalia zialpolitik (formerly: Studien aus dem Max- Planck-Institut für ausländisches und interna- During the period under review, two long- tionales Sozialrecht) and Schriftenreihe für standing members of the research staff left internationales und vergleichendes Sozial- the Institute: Dr. Peter A. Köhler, courtesy of recht. Six new issues of the Studien were whom the social law of the Scandinavian published in the period under review. A se- states, as well as the history of social law, was ries of working papers (MPISoc Working Pa- comprehensively examined, and Dr. Bernd pers) deals mainly with narrower, highly topi- Schulte, to whom credit is due for his scien- cal subjects or addresses specific circles. tific dedication to the Europeanisation of This low-budget publication is mainly, but social law, which started in the mid 1970s. not exclusively, distributed via the Internet. This last-mentioned staff change also throws Worth mentioning also is the series Schriften a light on the profound transformation that zum deutschen und europäischen Sozialrecht European Union law has been undergoing. (Nomos Verlag, Baden-Baden), which was While it used to be a field of law that few initiated by the director. As of 2012 it will be specialists were engaged in, it exerts its influ- issued under the title Schriften zum Sozial- ence on all areas of social law today. The In- recht (SzS) by a large group of (initially) Ger- stitute's younger generation of jurists have in man teachers of social law. Two new volumes the course of their education gained pro- were released in this series in 2011. found knowledge of European law, allowing them to include this law as part of a multi- level legal system in their research. 1.2. Main Fields of Research The studies on Scandinavia will be continued by Dr. Sebastian Weber, who commenced Dynamics of Social Law: The Fundamental his research activity as a member of the Processes of Change Institute on 1 December 2010. Also new among the research staff is Dr. Tineke As emphasised at the beginning, social law is Dijkhoff, who has been with the Institute a changing law. This is true not least because since 1 April 2011 and who is investigating social law has to adapt to the societal condi- into the social law of the Netherlands and tions which it seeks to influence. Yet, the international social standards. Further de- transformations in the past years have been partures from the research staff were: Dr. radical and have resulted in structural chang- Yasemin Körtek, who since 1 April 2011 has es that also make clear that the underlying been employed as a professor of law (with values are at least being subjected to shifts of focus on social law) at Mannheim University emphasis (1). The changing processes as such of Applied Labour Studies of the Federal can be categorised according to the affected Employment Agency; and Dr. Edda Blenk- operating level and level of development (2). Knocke, who has successfully completed her contribution to the Institute's research pro- (1) Well over are the times when the welfare ject regarding time for responsibility over the state, and thus also the social benefits sys- life course ["Zeit für Verantwortung im Leb- tems, were geared at expansion. Change has ensverlauf"]. been necessitated by the developments on the job market observed for some years now, Publications as well as by societal changes brought about for their part especially by globalisation and The findings of scholars employed by the In- an ageing and shrinking population. The ef- stitute are not only published in German and forts made to effect savings in social policy foreign research journals; the Institute also have therefore been noticeable for quite a offers its own channels for social law publi- while. In Germany, cost containment acts cations. For instance, it publishes the have since the 1980s ranked among the fa- Zeitschrift für ausländisches und internation- voured legislative measures in statutory ales Arbeits- und Sozialrecht (ZIAS), its own health insurance law. By way of the Pension journal for foreign and international labour Reform Act of 1992 a consolidation course and social law. In addition, the Institute puts was adopted also in pension insurance. Apart out two serials entitled Studien aus dem from a modification to the pension adjust- Max-Planck-Institut für Sozialrecht und So- ment, this involved the reinforcement of the

11 Report 2010 – 2011

so-called participation equivalence, i.e. of of the current financial crisis on the labour the correlation between contributions and markets have been cushioned. pension payments. It is a trend which also features in the statutory old age provision (2) If one analyses the observable changes systems of most other European countries, whilst taking into account the relevant regu- as does the extension of the combination of lation levels as well as the respectively unfunded and funded pension schemes. reached stages of development, three sepa- On the one hand, it is the endeavour for rate processes can be discerned. They run more efficiency that is behind the indicated parallel to each other and, as has been de- reforms of social benefits systems. It is not tailed in previous reports, are interrelated in for nothing that both in health care and in many ways. These processes are: employment promotion attempts at quality assurance are becoming increasingly signifi- . the Europeanisation and internationalisa- cant. This factors in the improvement of tion of social law. These phenomena are benefits and services, but also generally in characterised by the increasing signifi- the efforts to account for the efficiency prin- cance of supranational regulation levels ciple in a more pronounced way. On the and the interconnections that arise from other hand it is striking that the aforemen- the provisions stipulated at these levels tioned concept of self-responsibility is expe- and from national law (cf. I.2.); riencing a renaissance. However, the changes are by far more differentiated than what . the adjustment or, respectively, moderni- some statements have us believe. Looking at sation of social security systems in devel- the overall range of social state intervention, oped countries, characterised by a modifi- it is hardly appropriate to speak of a general cation of the tasks to be completed on the decrease in state responsibility as regards so- part of the state and by the utilisation of cial protection. The activation strategy new forms of steering and of action (cf. adopted in employment policy is, rather, I.3.); highly ambitious and characterised by the endeavour to integrate all employable per- . the transformation of social benefits sys- sons into the labour market. tems in developing countries or emerging In family policy, too, the state is now trying to nations. In these countries the societal exert a stronger influence on societal pro- change, which is connected to rapid eco- cesses. This is based on the expectation that nomic growth, leads to the necessity of the protecting and supporting state may, in setting up new and more comprehensive return for its services, expect a certain de- social benefits systems that are to contrib- gree of personal efforts taken on the part of ute to the support and completion of the its citizens, as well as some input in order to traditional forms of security (cf. below, increase the benefits to society. The empha- I.4.). sis on self-responsibility in the welfare state cannot do without a considerable degree of The differentiation of the mentioned pro- paternalism. At the same time it is unclear cesses shows particularities which are im- how much space the society of citizens is portant for the analysis and understanding of supposed to be allowed without this compro- these processes. As for their examination, mising the reliability of necessary social cor- fundamental questions play an important rections, and how much competition and role in many respects. Social law may serve how many alternatives social benefits sys- as an area of reference for enquiries into tems can take in order to continue to fulfil overlapping concerns of legal policy and legal their functions. doctrine, for instance as regards the effects That these systems, even if they enforce soli- of privatisation or the role of competition in darity, contribute to societal stability has in social benefits schemes. At the same time, Germany been proven by the history of stat- comparative law is increasingly gaining in utory pension insurance: the latter contrib- significance. In times of intensified informa- uted significantly to the integration of large tion exchange, a frequently posed question is population groups both after World War II whether and which national regulatory pat- and after the Reunification. And it is particu- terns can be transferred to other countries' larly through social benefits that the effects social benefits schemes – either because re-

12 I. FOREIGN AND INTERNATIONAL SOCIAL LAW form needs are similarly embedded in different states in that, say, demographic developments threaten the fundaments of pay-as-you- go risk coverage schemes; or because increasing economic interpenetration and migration calls for a greater convergence of social benefits schemes, as meanwhile promoted within the Euro- pean Union by means of an institutionalised process of comparison; or because in the course of societal devel- Court of Justice of the European Union, Luxembourg. opments and transformations traditional security options are to be However, this does not rule out the possibil- replaced with new forms of security. In any ity that this role might de facto be jeopard- event, knowledge of the respective national ised. After all, the economic liberties and legal systems is required in the mentioned economic-political principles contained in cases. The regulation techniques used there- the EC Treaty do not merely refer to particu- in as well as the ideas of order underlying lar areas of life, but are generally applicable. these systems are to be included in the legal Accordingly, they may also relate to social comparison just as much as their distinctive benefits law. Indeed, the contingencies be- modes of action, and their societal and cul- tween commercial law and social law have tural requirements. greatly increased since the mid-nineties. For the welfare state two phenomena are of sig- In this way, general structures and principles nificance in this regard: the extension of so- such as the shaping of democracy, the rule of cial rights on the one hand, and the opening law or the protection of individual freedoms up of socially isolated markets on the other are gaining in importance, but especially so hand. are the institutional arrangements on which the actions of those affected and of the ad- Exceptions in favour of social law are no ministration are based. That the develop- longer only made by the judicature with re- ment of social benefits systems takes on an gard to primary law, but can also increasingly increasingly important role, and not only in be found in EC secondary law. They have financial terms, but particularly in regard to thus lost their sole connection to negative the realities of people's lives and to the stabi- integration and reached positive integration. lisation of society, can be readily gathered Therefore, they are transported from the ap- from the current reform debates. plication level to the level of law-making, thus acquiring an abstract and general mean- Europeanisation of Social Law ing. The most important examples of this can be found in the Posted Workers Directive In the political multi-level governance sys- and in the Services Directive, as well as in tem of the European Union the distribution European public procurement law, which is of competences is an expression of the nor- currently under reform. mative attribution of responsibility. In ac- European Union law has thereby experi- cordance with the concept of the treaties, enced a gradual enrichment in regard to so- social protection is to remain within the area cial law particularly also in the field of com- of national responsibility. The social state is mercial law, which is its basic domain. Yet, is not only a national accomplishment, but this development of a general kind? And is it shall also continue to be seen as a national stable and not merely owed to rather short- issue. In that regard, and with particular ref- term fluctuations in European policy? This is erence to the implementation of the Lisbon indicated by the increasing normative foun- Treaty, nothing has changed. dation of social issues at European level. The

13 Report 2010 – 2011

European Union is no longer only dependent on legal guiding principles stemming from the member states. Its legal regulations increasingly reflect social objectives in their own right that are gaining in importance. The procedure of normative enrichment and superimposition is by no means new. In this regard, I should like to mention the contractual agreement on equal pay for men and women. This regulation originally served to establish equal competition. Since the 1970s the regulation has, through several guidelines, partly been defined more precisely, and partly been extended, with the result that the topic of gender equality has mutated into an independent goal of European policy. This goal has meanwhile in turn been reinforced in the context of primary law and has become part of a stable European anti-dis- sarily be convinced of their shaping power. crimination policy. Still, the establishment of Whatever the case, tendencies show that the European normative fundaments is gaining concept of the social state in Europe is char- breadth and depth. It should be noted in this acterised by interaction between the various context that the concept of "social market political levels. It involves a process of mu- economy" was for the first time expressly tual learning so as for the social state to cope mentioned in the Lisbon Treaty. And the Eu- with the challenges it is faced with due to ropean Charter of Fundamental Rights, demographic developments and due to inter- which has become legally binding with the nationalisation. In this regard, the European Lisbon Treaty entering into force, docu- integration process may put a unified Europe ments the status of fundamental rights pro- in a position to cope better with the conse- tection attained in Europe and shows that quences of globalisation. The current debt social rights have become an integral part of crisis has prompted many countries to effect the former. social benefit cuts by means of strict budget The European Union has, at the same time, consolidation measures – and is showing us strengthened its own socio-political role. It quite plainly the dilemma of how social and has continued its convergence strategy initi- economic affairs are precariously interde- ated in the 1980s by way of a strategy that pendent. Yet, the prevailing conviction that has been operating under the name of Open the economy also cannot strive without in- Method of Coordination (OMC) and which vesting in social matters, that social protec- has received its own contractual basis within tion must become a common feature in the the framework of employment policy. internal market, has become a new basis of European values with an even greater man- Are these developments entirely positive? date for efficiency. There is a whole range of potential points of criticism that can hardly be overlooked: They Modernisation of Social Benefits Systems first and foremost refer to the still recognis- able orientation towards basic economic de- The current period of change that the social cisions. Furthermore, European social policy state is experiencing manifests itself as the is, like the overall integration process, highly third phase of an overall development: Fol- pragmatic. What is still largely missing is an lowing the seminal achievements of social independent normative discourse at Euro- insurance legislation adopted in the 1880s pean level. One will look in vain for instruc- during the Bismarck era, and the extension of tions based on constitutional theories on the welfare state particularly between the how to effect a just organisation of the rela- 1950s and the 1970s, the task is now to ad- tionship between society and the individual just to the change in the labour markets – even if, looking at the developments in the brought about by growing internationalisa- national social states, one needs not neces- tion, as well as to the societal transforma-

14 I. FOREIGN AND INTERNATIONAL SOCIAL LAW tions influenced by demographic change. Mentoring of Doctoral Candidates Both quite obviously result in a greater division of labour between the state and society In 2010 and 2011 the Department of Social and thus also in structural reforms of the so- Law hosted two doctoral groups (cf. I.6.). A cial benefits systems. doctoral group is a group of four or five doc- Three aspects can be emphasised with re- toral candidates who are engaged in specific gard to the assessment and analysis of mod- dissertation projects within the overall frame ernisation processes through the research of of a more or less broad principal topic. The the Institute's Department of Social Law: aim of such cooperation in the context of a doctoral group is to create an intensive ex- the importance of new and transformation change of views on common methodological of known steering instruments and forms of foundations as well as on issues relating to action; this particularly used to include ac- academic work procedures and individual tivation, with focus on contractual agree- thematic problems. In this way, these groups ments between the authorities and the are designed like small, informally organised citizen, as well as competition, which in graduate schools. the health care system takes place on dif- The work of a new doctoral group is launched ferent markets and to a great extent also in a brief retreat of one or two days. Regular between the various insurers. In the re- meetings at the Institute are organised in or- porting period, cost-benefit assessment der for the group members to keep updated and the personalisation of health care ser- on their progress. They first and foremost vices played a particular role, just as much deal with fundamental questions, particular- as did the changing conception of care ly with regard to the methodology of com- home contracts in this regard; parison, the peculiarities of social law, and the significance of social policy for the devel- Organisational and structural reforms of so- opment of social law. These activities are cial benefit systems, meaning the creation rounded off by conferences, organised by the of new benefit systems or adjustments to group members themselves or by other insti- the organisation and structure of existing tutions, with doctoral students from other benefit systems; Institute research has al- universities for the purpose of discussing so been dealing with: pension reforms, their theses within a larger circle of junior which may be examined under this aspect researchers, thus also becoming familiar with regard to various objectives; the role with other work styles. of crime victim compensation schemes, which are increasingly linked to criminal The doctoral group on "The Triangular Ben- prosecution; and the municipalisation of efit Delivery Relationship in Social Law" has social law; in the course of 2011 worked out an essay of well over 100 pages on the structures and As regards the role of family and civil soci- principles of benefit delivery in social law ety in social security, Institute research al- ["Strukturen und Prinzipien der Leistungser- so continued to focus on the change in bringung im Sozialrecht"]. The essay summa- family structures. It was furthermore ex- rises the general experiences gained in con- amined how in light of societal and demo- nection with German social law within the graphic changes non-professional care framework of the individual dissertation pro- provision could be guaranteed in the fu- jects, to be published in three parts in Vier- ture. teljahresschrift für Sozialrecht, the quarterly journal for social law (Nos. 5/2011, 1 and 2/2012). Research in this doctoral group has 1.3. Promotion of Junior Researchers thus proven exceptionally productive. The jointly elaborated result, one that was never The promotion of junior researchers is as- expected to be so successful, is a flagship for signed a special rank among the activities of the general concept of such doctoral groups the Institute. This applies both to university and representative of the fruitful research teaching and to the mentoring of doctoral atmosphere at the Institute. The individual candidates, who are furnished with excellent dissertations are expected to be completed in working conditions at the Institute. 2012.

15 Report 2010 – 2011

Doctoral seminar: Ilona Vilaclara, Kyung A Choi, Dongmei Liu, Markus Schön, Nikola Wilman, Michael Schlegelmilch, Iris Meeßen and Magdalena Neueder (left to right).

Another doctoral group, which started its re- inpatient long-term care benefits, will be search in July 2010, has been dealing with conferred the 2012 dissertation award of the social benefits and long-term care ["Sozial- Society for the Promotion of Social Law Re- leistungen bei Pflegebedürftigkeit"], focusing search (Cologne) [Gesellschaft zur Förderung on the fundamental issues regarding bene- der sozialrechtlichen Forschung e.V. (Köln)]. fits, but also benefit provision, particularly in outpatient/home care. The individual studies Lectures and Courses also support and supplement the overall project of the Institute, which is to examine by In the period under review, the director of the way of macro-comparison European benefit Department of Social Law continued his systems in the event of long-term care de- teaching activities at the Faculty of Law at pendency. The new research members of Ludwig Maximilian University, Munich; this doctoral group are Vera Hansen, Carlos these activities were characterised mainly by Schneider and Marko Urban. his contribution to the scientific delivery of information on the focal areas of labour and Dafni Diliagka, scholarship holder from the social law, as well as by his role in the univer- MaxNetAging Research School (coordina- sity part of the First State Exam in Law. The tion: Max Planck Institute for Demographic final lecture examinations were replaced with Research, Rostock) has joined our Institute a more comprehensive examination in the to work on her dissertation on Greek old age elective proficiency courses; in this context it insurance (since 1 November 2010). has been found important to also assign social law an appropriate place in these profi- We are particularly pleased to announce the ciency examinations. The director was, fur- successful completion of two dissertation thermore, one of the examiners for the oral projects during the reporting period. The dis- examinations of the First State Exam in Law sertation written by Nikola Friedrich on meas part of the First Examination in Law. diation in social jurisdiction was endowed Members of the Institute staff were also en- with the dissertation award of the Munich gaged as lecturers abroad (cf. VI.2.): within Juridical Society [Münchner Juristische Ge- the frame of regular courses at the universi- sellschaft] in summer 2011 and will be con- ties of Leuven (Becker), Rennes and Poitiers ferred the Mediations-Wissenschafts-Preis (Kaufmann), as well as within the frame of of the Centre for Mediation [Centrale für individual guest lectures at different univer- Mediation] in March 2012; the other disser- sities (Becker, Wacker). tation, written by Martin Landauer on the topic of state responsibility in the context of

16 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

2. Europeanisation and with several of the participants over 20 years previously. She thus believed that the four Internationalisation market freedoms rested on the fundament of a fifth basic freedom, the "free movement of 2.1. The Implementation of 'Freedom of thoughts", which even then had already Movement for Workers' in the German- shaped the relations between German and Polish Relationship under Labour and Polish scholars. The former directors of the Social Law Aspects Institute, Hans F. Zacher and Bernd Baron Annemarie Aumann von Maydell, likewise emphasised the high Annemarie Aumann Katharina Mayer value of neighbourly cooperation and expressed the hope that the conference would To mark the full opening of the German la- contribute further to that end. bour market for Polish citizens of the Euro- pean Union, with effect from 1 May 2011, Historical Background and Legislative the Institute hosted an interdisciplinary Ger- Bases man-Polish conference on 24 and 25 Novem- ber 2011 in collaboration with the Faculty of In his paper, Herbert Szurgacz (University of Law of the University of Wroclaw. Speakers Wroclaw, holder of the Chair for Labour from both countries presented papers there. Law) illustrated the changeful history of Pol- Under the title "Die Realisierung der Arbeit- ish migrant workers in Germany. He made it Katharina Mayer nehmerfreizügigkeit im Verhältnis zwischen clear that current fears of a glut in the Ger- Deutschland und Polen aus arbeits- und so- man labour market and the attendant conse- zialrechtlicher Sicht" [see heading above], a quences were not merely a contemporary total of 19 renowned speakers from academe phenomenon, but had already impinged on and practice sought to illuminate to what ex- the situation of Polish workers in Germany tent hopes and fears on both sides are justi- during the previous two centuries. He not fied. only evoked the National Socialist regime The success of the conference was due also to that had propagated the image of "the Polish the committed support of the Munich-based as eternal seasonal and farm labourers", sub- Consulate General of the Republic of Poland, jecting them to draconic "special laws", but the Foundation for German-Polish Coopera- also called to mind the repressions Polish tion, and the Bavarian State Chancellery. workers had endured prior to and during the First World War. While the first part of the conference dealt with the historical background and European With that background in mind, Ulrich legislative bases of worker migration between Becker, in his subsequent depiction of the the two states, the second set of items on the relevant European legislation, paid tribute to agenda sought to elaborate the economic sig- the free movement of workers as the "human nificance of free movement from German side of the single market" that allows indi- and Polish as well as European perspectives. viduals to experience the meaning of a uni- That was followed by debate on labour law fied Europe. Dagmara Skupien´ (University issues. The next day was devoted entirely to of Lodz, Chair for European and Collective the social law dimension of the theme. Labour Law) introduced the institutions "EURES" and "SOLVIT Network" as EU in- The managing director of the Max Planck struments designed to develop a European Institute for Social Law and Social Policy, employment market. She thereby raised the Ulrich Becker, opened the conference and problem of their lacking familiarity, as mani- welcomed the 60 or so participants – mem- fested in their hesitant use by EU citizens bers of the academic community, the judica- willing to migrate. The mutual recognition of ture and social benefit administration as well occupational qualifications moreover still as staff of various federal and state ministries. posed immense difficulties, she said. That assertion was confirmed in the ensuing dis- Elz·bieta Sobótka, consul general of the Re- cussion by many participants on the grounds public of Poland, gave her words of welcome of their everyday experiences. a very personal touch. A labour law expert herself, she had conducted research in Bonn

17 Report 2010 – 2011

Basic Economic Parameters in the medical field. A further adverse effect was the pronounced ageing of society. On an Timo Baas (German Federal Employment individual-based level, an increase in failed Agency, Institute for Employment Research, marriages had been recorded. In the context Working Group on Migration and Integra- of free movement the new term "Euro or- tion) rendered a very vivid description of the phans" had been coined for children whose economic importance of free movement parents worked abroad. He therefore drew from the German point of view. To begin up a rather sober interim balance: "All those with, he pointed out that the actual migra- who were afraid that 'the Poles [would] tion figures fell far short of most initial pro- come' need fear no longer; but all those who jections, which in themselves had diverged hoped that the 'Poles [would] come' must markedly, and that the effects on the Ger- hope no longer." man labour market thus tended to be marginal. Rising employment figures were attrib- Subsequently, Werner Tegtmeier (retired utable mainly to the legalisation of already state secretary in the German Federal Minis- existing employer-employee relationships. try of Labour and Social Affairs) argued the Since that not only resulted in more security case for an integrated employment and la- for the workers concerned, but proved ad- bour market policy in light of declining pop- vantageous to social insurance funds through ulation growth and rising average age in both the increase in the number of contributories, countries, demanding in particular that edu- he recommended that the labour market also cation policy respond accordingly. In the en- be opened for Bulgaria and Romania as soon suing discussion, Wolfgang Heller (German as possible. Federal Ministry of Labour and Social Af- fairs) defended Germany's policy, pointing Maciej Z˙ukowski (vice rector of Poznan Uni- out that its labour market had already been versity of Economics) held that Germany, open to Polish academics and highly quali- because of its hesitant stance, had already fied manpower prior to 1 May 2011. forfeited to the United Kingdom its status as the most attractive immigration country for Labour Law Issues Poles, and had thus diminished its prospects for the recruitment of urgently needed young Martin Franzen (Ludwig Maximilian Univer- professionals. Yet he averred that Poland, sity (LMU) Munich, holder of the Chair for too, was faced with grave consequences. Its German, European and International Labour economy suffered from the loss of human Law and Civil Law), in his depiction of the capital and concomitant brain drain, notably application and enforcement of national labour requirements, concentrated on the problems involved in the posting of workers. It was inexplicable, he said, that the easy-to- handle free movement of workers had been restricted for so long, while the more easy-to- abuse free movement of services had been permitted unlimitedly from the start. Within the latter framework, the posting of workers to Germany had already been possible before 1 May 2011. These workers were nevertheless the only legal persons in the Union unable to invoke a fundamental freedom; their stay was a "mere annex" to the entrepreneur- ial freedom to render services.

Ludwik Florek (University of Warsaw, holder of the Chair for Labour Law and Social Poli- cy) expounded that, contrary to the treatment of Polish workers in Germany, German Elz·bieta Sobótka (Consulate General of the workers in Poland had already profited prior Republic of Poland, Munich). to the codification of the European Funda-

18 I. FOREIGN AND INTERNATIONAL SOCIAL LAW mental Freedoms from the principle of equal treatment for all workers enshrined in Polish law. He affirmed that worker protection was indeed more advanced in Germany than in Poland in a number of areas, creating an additional incentive to seek work in Germany. Nevertheless, a minimum wage existed across all sectors in Poland – a measure one had not managed to introduce in Germany to date. Maternity protection was likewise more extensive in Poland.

Social Law Issues

The second day of the conference commenced with an introduction to the system of European coordination of social legislation by Richard Giesen (Centre for Labour Rela- tions and Labour Law (ZAAR); holder of the Prof. Dr. Herbert Szurgacz. Chair for Social Law, Labour Law and Civil Law at LMU Munich). He explained that the said, was in fact highly restricted by exemp- Open Method of Coordination comprised tions and subsidiarity rules. And as the direc- conflict rules and equivalence rules as well as tive, according to its preamble, expressly did rules permitting the export of social benefits. not seek to encourage border crossing, it de In contrast to labour law, an approximation of facto changed nothing in the prevailing legal substantive law thus did not occur. Despite situation. As in the past, the actual free administrative difficulties, the European leg- movement of patients would no doubt re- islator had been successful in harmonising main regionally confined to frontier areas. member states' social security legislation in such a way as not to impair the free move- Ulrich Becker conversely pointed out that ment of workers to any great extent. the patients' rights directive, in codifying European case law, contributed to legal cer- In the following paper, Krzysztof S´lebzak tainty and had definitely led to improve- (Poznan University, Chair for Labour and So- ments in such other fields as the disclosure cial Law) elucidated the complex and wide- of information to patients. In response to the ranging matter of coordinating old-age and question of what transposition requirements survivors' pensions in Poland. He cited the he saw in Poland, Daniel Lach replied that particular difficulties in the calculation of Polish healthcare benefits were likely to be applicable contribution periods, given that in in big demand by other EU citizens as they Poland not the duration of payments but were less expensive than in other member only their amount was considered. states. That threatened to necessitate cuts in In the subsequent debate, Richard Giesen the catalogue of benefits awarded by Polish reaffirmed that in view of disparate living social insurance institutions, considering conditions in the individual member states, a that their financial circumstances were al- substantive approximation of legislation at ready tight. European level was neither desired nor required. As a special Polish feature, Marcin Zieleni- ecki (University of Gdansk, Chair for Labour Daniel Lach (Poznan University, Chair for and Social Law) presented the Institute of Labour and Social Law) gave a trenchant talk Bridging Pensions in his paper, explaining on the cross-border provision of healthcare that it allowed workers who had been em- benefits. He thereby focused on the new Di- ployed under conditions of exceptional hard- rective on the application of patients' rights ship to apply for early retirement. Attempts (2011/24/EU), which aims to facilitate pa- to phase out that regulation continued to tient access to health benefits abroad. What meet with practical impediments in Poland on initial reading looked very promising, he – a fact that was lively debated afterwards.

19 Report 2010 – 2011

Prof. Dr. Bernd Baron von Maydell, Prof. Dr. Maciej Z˙ukowski (Poznan University of Econom- ics) and Prof. Dr. Ludwik Florek (University of Warsaw), Dr. Werner Tegtmeier (retired state secretary), Dr. Renata Babin´ ska-Gorecka, Dr. Stephan Fasshauer (deputy manager of the Berlin- Brandenburg branch of German statutory pension insurance), Prof. Dr. Ulrich Becker, Bogdan Borecki (Polish Social Insurance Institution (ZUS)) and Prof. Dr. Herbert Szurgacz (University of Warsaw), Dr. Karolina Stopka (University of Warsaw) (top left to bottom right).

Stephan Fasshauer (deputy manager of the workers to their home country and the atten- Berlin-Brandenburg branch of German statu- dant repercussions on pension entitlement. tory pension insurance – Deutsche Renten- versicherung Berlin-Brandenburg (DRV)) ad- Eva-Marie Höffer (German Statutory Acci- dressed practical issues concerning the free dent Insurance Association, Department of movement of workers. He noted that the lim- International Social Law / European Law) ited scope of the German-Polish Agreement gave a lecture on the creation of cross-border of 1975 was particularly detrimental to the care structures in accident insurance, and implementation of workers' freedom of seized the opportunity to introduce a new movement. Thus, a Polish retiree who re- concept still in the phase of implementation turned home after a life's work in Germany – a concept that met with animated interest forfeited his DRV entitlements and received in the subsequent discussion. The idea, she the much lower minimum pension of €167 in said, was to offer Polish workers close-to- Poland. Stephan Fasshauer and Uwe Scheewe home care after their acute treatment in (likewise from the DRV) nevertheless praised Germany by continuing their therapy in re- the smooth cooperation with their Polish col- habilitation clinics in Poland. German regu- leagues – which was not to be taken for lations and quality standards would apply granted, as evidenced by the experience of there, and the responsible German social several branch offices in dealing with other insurance fund would bear the costs. That EU member states. Fasshauer cited electron- promised not only to improve healing pro- ic data exchange as an example of the practi- cesses, alone through the removal of lan- cal efforts undertaken on both sides. guage barriers, but also to enable the Polish side to profit from the expertise and service Bogdan Borecki embraced the same theme of German accident insurers. from the Polish viewpoint and talked about his experiences at the Opole branch office of Renata Babin´ ska-Gorecka and Karolina Stop- the Polish Social Insurance Institution (ZUS). ka (University of Wroclaw, Chair for Labour Apart from other practical issues, he saw a and Social Law) focused on family benefits in particular challenge in the return of Polish cross-border contexts. In particular, they

20 I. FOREIGN AND INTERNATIONAL SOCIAL LAW spotlighted the problem of certain care ser- Department of the City of Munich, a confer- vices in Poland being counted as family ben- ence on EU state aid law and the financing efits and not sickness benefits, entailing dif- of Social Services at municipal level ["EU- ficulties in the application of European Beihilfenrecht und die Finanzierung sozialer coordination rules. Hence, there was discus- Dienstleistungen auf kommunaler Ebene"]. sion in Poland to classify long-term care ser- The specialist conference was addressed at vices as sickness benefits, like in Germany, in decision makers from the political levels af- order to counter a potential loss of eligibility. fected, as well as at representatives from the welfare associations, while also pursuing a In his closing address, Ulrich Becker thanked scientific purpose. Markus Schön the co-organisers and sponsors of the conference and, above all, the Polish speakers and Beginning with a short outline of the problem, participants, whose excellent command of Friedrich Graffe, social secretary of Munich at German had permitted the German hosts to the time, emphasised that European competi- stage the event in their own native tongue. tion law still had very little in common with He extended his special thanks to Consul the way social services were financed at mu- General Elz·bieta Sobótka, who with her cor- nicipal level. Following this, Ulrich Becker diality had sown new seeds of friendship. gave a seminal account of the relevant state aid provisions and scope of application of the The organisers look back upon a successful latter; Stephan Rixen (University of Bayreuth) conference, which has most of all shown then elaborated on the issues of economic ef- that the primarily media-hyped fears of ad- ficiency and frontier crossing in the context of verse effects of opening the German labour specific social services rendered at municipal market were unfounded. The speakers' indi- level, focusing particularly on the so-called vidual contributions are to be compiled in a services of general economic interest (SGEI), conference volume, to appear in the publica- a term coined by European law. tion series of the Max Planck Institute for Social Law and Social Policy. The next part focused on state aid law in practice: Institutions at various political levels and non-statutory welfare services were 2.2. EU State Aid Law and Financing of invited to illustrate from their point of view to Social Services at Municipal Level what extent European state aid law impacts Markus Schön on the municipal financing of social services. Representatives of the European Commis- Brussels is far away! This credo has been re- sion, of the German Association of Cities sounding, at least until recently, among the [Deutscher Städtetag], of the non-statutory vast majority of non-statutory and public pro- welfare services and of the Bavarian Ministry viders of social services at municipal level. of Economic Affairs offered brief comments For the field of social services of general in- on this topic, thus initiating a lively discus- terest long seemed to be unaffected by the sion with the participants of the conference. provisions of the European Union in light of the conception of the latter as a purely eco- There was agreement that according to Art. nomic community. Meanwhile, this view has 14 TFEU the European Union and the mem- fundamentally changed, with the provision ber states had joint responsibility for the of social services in Germany having come functioning of services of general economic under increased scrutiny with a view to Eu- interest. This was particularly true for the ropean legislation and jurisdiction. Particu- economic and financial conditions involved. larly EU state aid law, regulated through Art. The question was how this new regulation 107 et seq. TFEU, influences the framework might be brought into line with TFEU Proto- for the financing of social services at munici- col No. 26 on Services of General Interest, pal level, which has led to great uncertainties which grants local authorities a wide margin among the municipalities and private welfare of discretion with regard to ensuring, com- organisations. In order to contribute to great- missioning and organising SGEI. According er legal certainty regarding municipal prac- to Becker, certain provisions effected at EU tice the Institute hosted, on 22 June 2010 level based on Art. 14 TFEU might also prove and in collaboration with the social services unfavourable to the municipalities.

21 Report 2010 – 2011

Since EU state aid law had been designed for The question of applicability of European economic purposes, it was exclusively ap- competition rules and state aid law regula- plied to economic services. The fact that cur- tions to social services in municipalities long rently no clear distinction between non-eco- met with a fundamentally defensive stance nomic and economic services of general on the part of both the municipalities and interest was possible led to the question as to private welfare organisations; however, this whether a universally valid dividing line could attitude has meanwhile increasingly been be drawn at European level. However, ac- put into perspective. This raised the ques- cording to Christian Holzleitner (European tion of whether there existed any special Commission, Directorate General for Com- regulations for the social sector. Rixen ne- petition), it was the task of the member states gated this, saying European commercial and to organise and arrange for the provision of competition law did not imply a "special eco- SGEI in their respective territories. By choos- nomic zone for social affairs". ing a legal framework which also provided for However, the public authorities as financers competitive action in the respective field of of social services receive relief from the so- activity on the part of private companies, a called Monti-Kroes package of the European member state decided for a liberal configura- Commission, whose principles are based on tion – the consequence being that the corre- ECJ case law. The prerequisite is first and sponding normative guidelines set by the EU foremost that there is a general interest in would become applicable. The general case the service in question. In this context it is of social services had in Germany proven important to define the specifics of each ser- economically efficient, since Germany had, vice in terms of its value for the common unlike other member states, made use of its good that would make provision through pri- legislative scope for action in that it had vate competitors economically unprofitable. thrown the market wide open in this field. According to Holzleitner it is crucial in this regard that the preferred provider is not For lack of a general distinction between cross-subsidised for more than one field of "economic" and "non-economic", the service service provision. Schäch added that each in question must be examined in terms of its territorial authority had the right to define national or, respectively, local configuration. "its own" SGEI under its own responsibility Next, it must be assessed whether, in the ap- and under consideration of the applicable plication of state aid law, a social service constitutional and municipal provisions. might become exposed to unfair competition with relevance to the internal market. Holz As for the financing method, the exemption leitner says that the agencies involved would decision stringently requires the predetermi- be well advised to generally take unfair com- nation of rules as to how miscalculations petition into account. In this regard, Klaus- might be mitigated at a later stage. Upon Hannes Schäch (secretary with the Bavarian compliance, grant funding based on a fixed Ministry of Economic Affairs) added that the amount was compatible with the provisions ECJ regularly affirmed internal market rele- of the exemption decision, as Rixen empha- vance, thus attesting to the appropriate ap- sised, concluding the issue brought forward plication of state aid law. by several participants. In any event it must

Christian Holzleitner (EU Commission, DG Competition), Friedrich Graffe (former social secretary of the City of Munich), Prof. Dr. Stephan Rixen (University of Bayreuth) and Prof. Dr. Ulrich Becker (left to right).

22 I. FOREIGN AND INTERNATIONAL SOCIAL LAW be ensured that financial means are not used Substantive Scope of Protection: New and for any purpose other than intended. Uncovered Risks

The conference welcomed 130 German and In the 1950s, the ILO set out to formulate Austrian participants from various munici- international minimum standards for nine palities, welfare associations and from aca- branches of social insurance in Convention deme with the promise of initiating a dia- No. 102: medical care, sickness benefit, un- logue between science and all those who employment benefit, old-age benefit, occu- deal with this topic in practice, and it has pational injury benefit, family benefit, mater- impressively fulfilled that promise. nity benefit, invalidity benefit and survivors' Dr. Barbara Darimont benefit. Benefits awarded for the coverage of It was not least due to the successful coop- these risks form the framework of public so- eration with the City of Munich that the cial security schemes, which nevertheless conference was able to make a vital contri- vary in each country in terms of their sophis- bution to the current discussion regarding tication and configuration. future developments in EU state aid law and the impact of the latter on public and private The fight against poverty is not counted as welfare services in Germany. one of the ILO's original tasks, but it could be addressed in the context of a convention on poverty in the world's population, thus 2.3. International Standard Setting and integrating developing countries more exten- Dr. Tineke Dijkhoff Innovation in Social Security sively than has so far been done in the de- Barbara Darimont bate on international social standards.

International social standards provide norma- In industrialised countries, demographic de- tive guidelines for national social systems. If velopments have led to changes in social sit- they are to be effective, they must abstract uations of need. Given increases in life ex- from the regulations of concrete labour and pectancy coupled with long-term care social legislation, without being inextricably requirements and, in many countries, simul- at odds with new developments and reforms taneous declines in their birth rates, one (in short: with innovations). Do current cannot (any longer) assume that employed standards, notably ILO Social Security (Min- persons will concurrently take care of their imum Standards) Convention No. 102, fulfil parents and raise their children. This chal- these requirements? Where do problems lie? lenge has been met in a very few countries How can they be resolved? Three points are with the introduction of long-term care in- worth considering: first, international stand- surance. Indeed, the coverage of such care ards are harder to change than national regu- needs constitutes a relatively young branch lations; second, they are universally valid of social security, so that innovative develop- and, hence, must encompass social systems ments are to be expected in this field. in countries at very differing levels of economic development; and third, despite nec- Personal Scope of Protection: Informal essary abstraction, they must avoid the risk of Social Security and Migration forfeiting their control effect. A new policy is to advocate informal social The project "International Setting of Stand- security, meaning aid rendered within fami- ards and Innovation in Social Security" (ISS- lies and neighbourhoods or in the form of ISS) starts with an appraisal of the most im- civil self-help. The concept is based on con- portant innovations in national social security ventional self-help arrangements and proac- systems, and then proceeds to illuminate tive civil initiatives, and adopts a bottom-up their background and to analyse the need for approach. Informal social security networks reforms at international level. The innova- already in place are specifically reinforced tions included are divided into three catego- using tax money. The advantage of such ries: (1) subject matter of social security, i.e. schemes is that they do not build on formal substantive scope of protection; (2) persons employment relationships, which are lacking covered, i.e. personal scope of protection; as for most groups of persons in the Global well as (3) new methods and means. South. Possibly, these arrangements could be

23 Report 2010 – 2011

linked with state-operated social security in tion through private institutions. Similar reg- the long run; meanwhile, they could func- ulations in Latin America, notably in Chile, tion as a kind of interim solution for the ex- have attracted international attention. Priva- tension of national systems. tisation processes in Europe, by contrast, tend to be gradual and reflect a long-term The wealth gap and income disparities be- tendency towards more personal responsibil- tween industrialised states and developing ity. ILO standards require that social protec- countries are the cause of increased migration be guaranteed by the government – tion to Europe, but also to South Africa. In- which is why privatisation trends may infringe tegrating these migrants in existing protec- these standards, especially if private coverage tion schemes poses a major challenge. China is not mandatory, thus entailing gaps in ben- faces similar developments as it must cope efit provision. with massive internal migration, the dimensions of which partially exceed those of the In the field of old-age pensions, the trend in other global migratory flows. many countries has been to give preference to defined contribution schemes. A problem Techniques: New Methods and Means here, however, is that the amount of benefit paid is frequently not specified in precise Apart from investigating new risks, another terms. Such schemes are thus apt to violate aim is to spotlight innovative developments Articles 29, 65 et seq. of ILO Convention in the methods and means employed in well- No. 102, which prescribes specific percent- established social security systems. One ap- age rates of periodic payment. proach is to look at new distributions of responsibility between the state and individuals, Conclusion at least in comparison with the 1950s. What is missing overall is a dialogue on so- According to ILO Convention No. 102, every cial law developments within the ILO frame- state is obliged to provide social benefits in work. The ILO's supervisory committees compliance with the minimum standards of more often than not take action in formal- social security set out therein. The mode of ised procedures, applying the standards set procedure is left to the states themselves. out in existing conventions. Solutions to new Such leeway can be used to create new struc- problems are frequently not possible on that tures in social protection schemes – for ex- basis. Hence, a discussion of these issues ample, through voluntary insurance. A more among scholars and practitioners across na- recent trend observed in many countries has tional frontiers is an urgent priority. The In- been to press for more private provision, a stitute's plans for the future are to investi- goal which in Germany, for example, is spon- gate further countries and subject areas. sored by the government. Privatisation is thereby perceived as a process in which the government transfers social responsibilities to individuals, requiring them to seek protec-

Prof. Dr. Marius Olivier (International Institute for Social Law and Social Policy, and University of Western Australia), Prof. Dr. Ockert Dupper (Stellenbosch University), Prof. Dr. Frans Pen- nings (Universities of Utrecht and Tilburg), Prof. Dr. Edwin Kaseke and Prof. Dr. George Mpedi (both University of Johannesburg) (left to right).

24 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

3. Changes in Developed The overriding aim of the subproject LAW, carried out by the Institute, is to analyse the Countries legal challenges of IM in three selected sub- areas, and to develop perspectives in this re- Regulatory Instruments and Forms gard for the legally tenable management of of Action individualised solutions for prevention and therapy. In concrete terms, the subproject 3.1. Individualised Health Care: Ethical, has the following objectives: Economic and Legal Implications for the Nikola Wilman, LL.M., M.Jur. German Health Care System Analysis of the relevant constitutional and (Durham, UK) Nikola Wilman socio-legal provisions with a view to the integration of individualised medical care The research project on "Individualised into the legal framework of the German Health Care" is financed by the Federal Min- statutory health insurance (SHI), as well istry of Education and Research within the as to the drafting of potentially required framework of the ELSA research focus (ethi- reform proposals. cal, legal and social aspects of the modern life sciences and of biotechnology). Apart from The question of whether to introduce IM our Institute (with its subproject LAW), the measures is usually not regarded as relevant other participants in the project are the Insti- to matters pertaining to the SHI, since medi- tute for Ethics, History and Theory of Medi- cal history and predisposition to a certain cine at Ludwig Maximilian University, Munich disease do not play a role in the provision of (project coordination, subproject ETHICS), SHI to new insurees. This may be a valid as well as the National Research Center for point. However, measures pertaining to IM Environment and Health at Helmholtz Zen- may be of considerable importance when it trum München (subproject ECONOMICS). comes to the scope of benefits. As the SHI in The duration of the project is three years Germany insures the largest proportion of (1 October 2010 – 30 September 2013). the population, the success of IM will crucially depend on whether or not benefits and This interdisciplinary research cooperation services related to IM will be included in the seeks to assess the ethical, economic and legal SHI benefits catalogue. As regards the inte- implications of individualised approaches to gration of IM benefits into the SHI benefits prevention and therapy, and to develop catalogue, the question is mainly whether perspectives for an ethically justified, eco- existing legal provisions in this field are suf- nomically rational and legally appropriate de- ficient and feasible. This particularly applies velopment and application of individualised to basic principles of the SHI such as the medicine (IM). principle of solidarity, the granting of benefits according to medical necessity, as well as Research and literature interpret this so-called the efficiency principle (Art. 12, Social Code individualised or personalised medicine in Book V) and the question of sufficient scien- quite different ways. In terms of a working tific evidence. In a workshop that took place definition valid for all subprojects, the research on 20 July 2011, first findings of this work association understands it as an attempt to package were presented and could be dis- identify individual, and particularly biological cussed with experts from practice and sci- factors which help predict the probability of ence. developing a disease and the impact of various treatment methods. The object of this is to di- Analysis of the constitutional implications vide patients into subgroups comprising those, of IM for the right of the individual to infor instance, who run a higher risk of develop- formational self-determination, as well as ing a disease or, respectively, those who re- of existing data protection regulations. spond particularly well to a certain treatment method (stratification). The key objective of The legal analysis shall include the findings IM is to develop solutions customised to the of the focus group studies related to the sub- needs of healthy or ill individuals for the pre- project ETHICS. The analysis is to differen- vention or treatment of diseases. tiate between the use of data for the diagno- sis of diseases and data use for research

25 Report 2010 – 2011

purposes within the framework of IM, as of health outcome or selection of compara- well as between data acquisition and data tors), the procedure embedding the cost-ben- use within these two areas. The key question efit analysis, as well as with the actual legal is how the danger of illegal use of this data evaluation of the outcome of the cost-benefit for purposes other than those specified by analysis with regard to IM measures. These the person affected (data carrier) and of un- three areas (methodology, procedure, evalua- authorised disclosure or circulation of per- tion) are to be assessed from a constitutional sonal data to third parties can be prevented perspective, e.g. in terms of a person's right and, in general, how the interests of research to access to health care services or of the on the one hand and of data and privacy pro- principle of equality, or, as regards procedure, tection related to the person affected on the in terms of decision transparency, effective other can be reconciled. legal protection and legitimacy of decision makers. Further, from the perspective of so- In the context of determining and analysing cial law, analysis shall be made of the ques- the relevant data protection regulations, any tion whether the existing provisions of Social regulatory gaps in this matter are to be re- Code Book V for a cost-benefit analysis in the vealed and, by means of legal comparison, context of IM (again with reference to meth- potential solutions shall be outlined accord- odology, procedure and evaluation) are suffi- ingly. In doing so, investigation shall be made cient and viable, particularly with a view to of the design of privacy protection in foreign the constitutional provisions determined. legal systems (one European, one non-Euro- The findings of the exemplary economic eval- pean) within the framework of the provision uation of individualised health care services of individualised health care services. obtained from the subproject ECONOMICS shall be taken into consideration within the . Analysis of the provisions and limitations legal analysis. Finally, in close cooperation pertaining to constitutional and social law with the subproject ETHICS and based on with regard to the prioritisation of indi- an overview of international approaches re- vidualised health care services in the SHI. garding prioritisation, further legally tenable This aspect shall, in particular, examine material and procedural prioritisation criteria cost-benefit analyses in terms of a prioriti- for the field of IM shall be developed. sation criterion.

The analysis shall deal with the methodology 3.2. Reimbursement of Off-Label Drugs of determining cost-benefit ratios (particu- from the Perspective of Social Law and larly with regard to core elements of health Liability Law economic evaluation such as the most impor- Michael Schlegelmilch and Nikola Wilman tant economic target, perspective, measure The prescription of medicines outside the terms of their product licence (off-label use) is an integral part of daily medical practice in Germany. Even though the issue of off-label use has for some time been under legal discussion, it has not lost any of its relevance. It is particularly the question of duty to pay on the part of the statutory health insurance (SHI), as well as that of legal liability and potential consequences for the prescribing physician and/or the respective pharmaceutical entrepreneur that are of central significance in this discussion. On 20 May 2010, the In- stitute hosted a conference in order to highlight and discuss from the perspective of social law and liability law the most important issues relevant for practical application. The findings of the conference and the views of the speakers shall be summarised as follows:

26 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

From a medical perspective, the current indication-based drug marketing authorisation procedure is only partially satisfactory, since important cancer drugs are usually only authorised for frequently occurring indications, while treatment sequence and interaction are sometimes ignored, making continuous keeping up with rapidly developing therapy standards impossible, says Dirk Jäger from the Na- tional Center for Tumor Diseases (NCZ) Heidelberg. This is due to the fact that a drug is approved exclusively on grounds of the medical indication defined by the pharmaceutical enterprise in its application for authorisation. This highly "enterprise-driven" authorisation process should be governed Dr. Hans-Jürgen Kretschmer (judge at the more by medical and less by market-based German Federal Social Court, Kassel). considerations or strategic reflections on the part of the pharmaceutical industry. the law by jurisdiction in this area arose, on the one hand, from the instruments intro- In the USA, the prescription of off-label duced into Social Code Book V and the Me- therapies by a physician falls under the prin- dicinal Products Act for the improvement of ciple of therapeutic freedom and is therefore off-label use provision and, on the other, legal (Wilman). The US government has from the privileges in European law regard- thus been trying to curb the widespread use ing drug approval legislation. of off-label drugs, chiefly by both passing a general prohibition on the promotion of off- The general prohibition to prescribe market- label therapies by the pharmaceutical indus- able pharmaceuticals outside the terms of try and by limiting reimbursement for off-la- their product licence, despite the prescription bel services provided by federally funded constituting a medically recognised standard health insurance schemes such as Medicaid of care, was regarded by third-party payers as and Medicare. a deficit in the provision of health care to statutorily insured persons, said Sabine Rich- Hans-Jürgen Kretschmer, presiding judge at ard from AOK Berlin-Brandenburg. The po- the German Federal Social Court, gave an tential approval for off-label use to be pre- overview of the jurisdiction on off-label use scribed in accordance with the pharmaceutical and its development, from the Remedacen guidelines of the Joint Federal Committee decision of the Federal Social Court in 1995, pursuant to Art. 35c, Para. 1, Social Code to its SKAT decision in 1999, through to its Book V was of little relevance, since it applied Sandoglobulin decision of 19 March 2002. to very few pharmaceuticals only. In the latter, based on the non-existence of a prohibition on off-label use both in pharma- From the perspective of the pharmaceutical ceutical law and in medical law, the Federal industry, the procedure for the inclusion of Social Court ruled that the prescription of a off-label indications in the respective annex pharmaceutical at the expense of the SHI of the pharmaceutical guidelines of the Joint outside the terms of its product licence was Federal Committee is to be regarded as a generally inadmissible on grounds of insur- positive step, notwithstanding the fact that a ance customer protection; at the same time, shorter duration of the procedure would be however, it established criteria for an excep- desirable (Barbara Sickmüller, German tional permission to prescribe off-label drugs Pharmaceutical Industry Association BPI at the expense of the SHI. The jurisdiction of [Bundesverband der Pharmazeutischen Indus- the Federal Social Court was, among other trie]). Another current problem concerns a things, guided by the constitutional obliga- case group that has received little attention, tion of the State to protect its citizens from but is related to off-label use in the context uncontrolled health hazards. What was of "me-too" drugs (or "follow-ons") and their more, limitations to a further development of provision by pharmacists.

27 Report 2010 – 2011

Devices [Bundesinstitut für Arzneimittel und Medizinprodukte]. According to the prevailing opinion and with a view to scientifically sound medical therapy practice outside the intended area of application, the criterion concerning "intended use" is fulfilled in cases where the pharmaceutical entrepreneur tolerates such use. As regards liability release, stringent requirements must be accepted. This means, for instance, that the entrepreneur is under obligation to continually monitor the actual application of the off- label product on the market. The entrepreneur may, under certain circumstances, have to issue appropriate warnings with respect to off-label use and, if necessary, withdraw the respective product from the market. Prof. Dr. Ute Walter (University of Regens- burg, solicitor for medical law in Munich). Despite the fact that some isolated cases in jurisdiction have recently been outlined According to Ute Walter (adjunct professor at more clearly it can be said that, in sum, there the University of Regensburg and solicitor for is still a high level of legal uncertainty – both medical law in Munich), off-label drug thera- for the SHI-physician with regard to off-label py, too, must comply with the medically rec- prescriptions, and for the patient or, respec- ognised standard of care; which is not to say tively, the insured person with regard to off- that certain off-label use could not qualify as label use. In this regard, it would be desira- a medically recognised standard, provided ble to effect a higher degree of harmonisation that it corresponds with the current state of of legislation or, respectively, to accelerate scientific research in Germany. If this is the the procedure for the inclusion of off-label case, failure to use or prescribe off-label indications in the pharmaceutical guidelines. drugs will constitute an act of gross medical As long as this is not the case, SHI-physi- malpractice. In any event, off-label use al- cians will, if in doubt, remain bound to the ways comes with an increased obligation to obligation to issue private prescriptions that provide information and treatment-specific are generally not reimbursed. monitoring. As regards liability from a social security point of view, statutorily insured persons are, as a rule, legally entitled to be pre- 3.3. Residents in Stationary Care and their scribed off-label drugs only in cases where Role as Customers – Social Service treatment meets the medically recognised Provision and the Right to Self- standard of care. SHI-physicians are not enti- Determination tled to obtain prior authorisation for treat- Sebastian Weber ment through the health insurance (Art. 29, Para. 1, Sent. 2, in connection with Para. 11 The right to self-determination on behalf of of the Federal Master Treaty for Medical recipients of tax-financed social benefits finds Practitioners [Bundesmantelvertrag-Ärzte]). particular expression in their right of request The only option for insured persons is, there- and choice. Benefits are to be provided cor- fore, to claim financial reimbursement respondent to the respective particularities of (Art. 13, Para. 3, Sent. 1, Social Code Book each individual case in accordance with the V) from their health insurances after advance legislative provisions and should meet the payment for the relevant off-label drug pro- reasonable demands of the beneficiaries. This vided to them on private prescription. applies both to the type and constitution of the service provider, to the type, concept and The key standard for liability of the pharma- nature of benefits, and even to the locality ceutical entrepreneur is Art. 84 of the Me- and equipment of a particular facility. The dicinal Products Act, says Jens Göben from guiding principle in this respect is not the the Federal Institute for Drugs and Medical idea of a general provision of basic services,

28 I. FOREIGN AND INTERNATIONAL SOCIAL LAW but a response to a specific situation of need residential care facility where the person on the basis of a strictly personal entitlement lives. The competence of the respective ser- to appropriate benefits or services. vice provider, and therefore also of the respective funding institution, shall rather arise Tax-financed social benefits and social insur- automatically and independently of the resi- ance benefits occasionally overlap in the con- dent's requests in compliance with the afore- text of the often complex needs of individu- mentioned contractual agreements between als, thus leading to a more comprehensive the respective facility and the social welfare care provision on the one hand, but also to authority. conflicts regarding responsibility and to prob- Dr. Sebastian Weber lems concerning the determination as to The legislators have simultaneously begun, which specific benefit or service is to be and remarkably so, to implement the con- granted by which provider. In this respect, ventional consumer protection regulations potential for conflict also arises from the also in the field of inpatient facilities. While rights of request and choice on the part of the in the course of the reform of the federal sys- beneficiary. The respective social law provi- tem any legislation pertaining to care home sions are, furthermore, subject to continuous supervision became the competence of the change which, on the one hand, closes weak federal states, with new corresponding regu- points identified in the existing system but, lations fostering, for instance, the publica- on the other, may possibly create new trouble tion of quality and audit reports, the federal spots. This can be exemplified by the ques- legislator has, by means of the "Residential tion of where exactly home nursing care Care Contract Act" [Wohn- und Betreuungs- should be provided through the health insur- vertragsgesetz (WBVG)] redrafted the civil ance. Previous restrictions in German legisla- law provisions and, in doing so, created an tion have, in the course of past reforms, been almost classical consumer protection law for relaxed, meaning that the current criterion care home residents. Pre-contractual infor- crucial for meeting demands is, basically and mation obligations, an entitlement to the ad- merely, the identification of a suitable loca- justment of benefits in the case of altered tion for the provision of services. However, assistance or care requirements, transparen- no exact definition of such a suitable location cy provisions regarding fee increases, exami- has been established. The social courts have nation for appropriateness of the latter, as been particularly concerned with the ques- well as the right of cancellation are indication whether inpatient facilities, such as fa- tive of the guiding concept of the largely self- cilities for the disabled, might also serve as a determined person in need of care. place for the provision of "home" nursing in addition to, and irrespective of, the rendering of integration assistance services.

This individual issue has led to a fundamental cognitive interest. Due to the various legal ties on the part of those involved, services pertaining to integration assistance are heavily regulated. Type, extent and quality of a service provision are predefined through the legal provisions and through framework contracts applicable at federal state level, as well as through service provision, remuneration and audit agreements made between the responsible social service provider and the social welfare authority. This narrows down the options and choices of the individual resi- dent. According to current jurisdiction, the person in need shall not be entitled to indi- vidually decide whether the required home nursing services are to be rendered through an ambulatory service provider or through the

29 Report 2010 – 2011

The question as to whether such a concept However, the respective configuration of actually exists and to what extent it has, if self-government powers differs greatly in the applicable, already been implemented shall various member states. Essentially, four be the subject of further examination with models must be distinguished (cf. Martínez particular focus on comparative law. A look at Soria, in: Mann/Püttner, Handbuch der historically evolved forms of inpatient care, at kommunalen Wissenschaft und Praxis, the fundamental ideas behind the respective Vol. 1, 3rd ed. 2007): the municipalities in service provision and their current further Scandinavia, largely independent from the development, in general and under the influ- State, which are merely bound to some gen- ence of European law and international law, eral principles and tasks set by the legislator; might be of help in this regard. To be taken the model of self-government applied in into account are, above all, the various forms Germany and Switzerland, according to of inpatient assistance and the respective le- which the municipalities are subject to na- gal framework in Scandinavia, as well as the tional jurisdiction, yet have their own auton- integration of such forms into social life. omous legislative competence, financial autonomy and universal responsibility for local affairs; the French model where the munici- Organisational and Structural Reforms pality is embedded in the State structure and in Social Benefits Systems is granted autonomy as regards task performance, yet without any constitutional guar- 3.4. Social Services and Assistance antee in this regard vis-à-vis the State; and through the Local Community – Tasks the British concept of the municipality as a and Functions of the Municipalities in largely dependent administrative entity. De- the context of the Europeanisation of pending on the size of the member state, the Social State Principle there may be further levels of self-govern- Sebastian Weber ment entailing different competences (e.g. municipalities, cities, districts or regions). The guarantee of local and regional autonomy can be understood as a guiding principle Throughout Europe, however, independent of of European constitutional law (Würtenberg- its entrenchment in national law, local self- er, in: Festschrift Maurer, 2001, p. 1053). government is particularly characterised by its Art. 3 No. 1 of the European Charter of Lo- cal Self-Government of 1985 in this sense defines self-government as the right and actual capability of municipal administrative bodies to regulate and design, within the framework of the laws, an essential proportion of public affairs in their own responsibility and for the benefit of their citizens. As has been stressed repeatedly in the scientific literature, the guarantees under constitutional or ordinary law existing in the member states of the European Union and pertaining to the right to self-government of the municipalities did not, at least until the revision of the Lis- bon Treaty, stand up to the legislative changes effected by the European Union. More polemically, one could say that the Commu- nity turned a blind eye to local affairs. It was subsequently enshrined in Art. 4 II TEU that the European Union is to respect the fundamental political and constitutional structures of the member states "inclusive of regional and local self-government". The principle of subsidiarity, too, has meanwhile come to benefit the municipalities (Art. 5 III TEU). New City Hall, Munich.

30 I. FOREIGN AND INTERNATIONAL SOCIAL LAW decentralised and individual, democratically of the fundamental freedoms, expulsion is legitimised task performance. The needs and only acceptable on grounds of ordre public; interests of those living within the respective the mere fact, however, that tax-financed so- locality are in this way given special consid- cial benefits are drawn does not justify the eration, antagonistic positions get to stand in termination of residence. immediate conflict with each other, and joint responsibility for the development of the mu- This development is of crucial significance nicipality is often expressed not only through for the performance of tasks on the part of participation in elections and plebiscites, but the municipalities, as well as for their fund- also through active involvement on the part of ing. What is of interest is not only the actual Prof. Dr. Yasemin Körtek its residents. In view of this, the introduction execution of municipal duties, but also the of the right – at least for all EU citizens – to allocations behind it with a view to the func- vote in local elections has been applied con- tion and role of the municipalities in relation sistently (Art. 20 II lit. b TFEU). to the local community.

As regards the actual allocation of municipal It is against this background that a compara- tasks, clear differences can be distinguished. tive investigation (Scandinavia, Germany, In numerous member states, for instance, France, United Kingdom) shall be made of the municipalities have a general responsi- the question which constitutional or, respec- bility for local affairs, while in other member tively, legal basis obliges municipalities to act states competences are allocated on an enu- in which way in the field of social welfare merative basis. In principle, however, it can and security, particularly in the field of disa- be said that throughout the European Union bility assistance, child and youth welfare, as the municipalities also play a significant role well as general social welfare, and how these in the provision of social services. This con- municipal tasks are fulfilled. In this context, cerns, above all, tax-financed social services; the dynamics set by the various European it may, however, also include insurance-cov- determinations shall be taken into account. ered benefits, as is the case with unemploy- If required, aliens law is to be included in ment benefits or long-term care provision. this examination. International agreements existing independently of European Union It is clear that it is not only the classical mu- law shall also be considered. The wider ob- nicipal tasks such as, for instance, construc- jective of this study shall be the positioning tion planning law that are of particular sig- of municipalities and their social function in nificance for a local community but also, and European constitutional legislation. especially so, issues concerning social welfare and security. It is this area in particular that has in the past years been subject to a 3.5. Crime Victim Compensation Law in remarkable degree of Europeanisation. The Europe – A Comparison ECJ derives from the general right to free Yasemin Körtek and Ulrich Becker movement of European citizens and, from primary law, the prohibition of discrimination The need for crime victim compensation on grounds of nationality (Art. 21 in connec- schemes has been confirmed at the European tion with Art. 18 TFEU) a right for every EU as well as the international level. In the Euro- citizen to receive tax-financed social benefits pean Union efforts are currently being made also from so-called host member states. The to further develop the compensation schemes termination of residence of unemployed EU for victims of violent crimes. Council Direc- citizens in cases of undue burdening of the tive 2004/80/EC has hitherto served as a legal social security system of another member basis for the above, yet only with regard to state is possible only if the corresponding le- cooperation between member states, and not gal provisions and their application to the in- with regard to the content-related specifica- dividual case comply with the principle of tion of compensation measures. Further proportionality. However, there is no auto- guidelines to be observed in the creation of matic procedure that would regularly effect crime victim compensation schemes are the the termination of residence in cases where European Convention on the Compensation tax-financed social benefits are drawn. If the of Victims of Violent Crimes of 24 November stay of the EU citizen falls within the scope 1983, and Council Directive 2004/80/EC re-

31 Report 2010 – 2011

lating to compensation to crime victims. more, they outlined the scope and type of Against this background, the motives and ob- benefits (e.g. benefits in kind, cash benefits, jectives of crime victim compensation law one-off benefit payments, permanent bene- were examined in a comparative study during fits, compensation for immaterial damages). the reporting period with a view to elaborating In a next step, they examined the question as the common principles of crime victim com- to whether crime victims might, due to cer- pensation law. This aim was fuelled by the tain behaviour on their part such as contribu- more profound question of why and in which tory negligence, be excluded from benefits or cases compensation benefits are granted. be merely entitled to reduced benefit pay- Why does the state assume specific responsi- ments; whether compensation for a crime bility in the case of victim compensation? And suffered granted to the victim by third parties how does this responsibility find expression in (damages or other types of insurance bene- the guiding principles of compensation law? fits) is deducted from state compensation or, The study has been initiated both due to the if applicable, whether third-party compensa- fact that victim compensation law has a very tion claims may be transferred to the state in long tradition – it already finds mention in the cases where such claims cannot be recov- Codex Hammurabi dating from around 1700 ered. The final step was to include the proce- B.C. – and that it has, despite this, very rarely dure governing the granting of state compen- been the subject of serious legal study. sation in the study.

The evaluation of the country reports under consideration of the requirements pertaining to European and inter national law (Becker/Körtek) revealed that the state's monopoly on the combating of crime and the state's duty to protect form the basis for the assumption of collective responsibility. These socio-political motives go hand in The legal comparison covers the victim com- hand with the aims of criminal policy. Moreo- pensation schemes of Germany (Körtek), ver, crime victim compensation is linked to France (Kaufmann), Great Britain as part of criminal law: The constituent fact causing the the United Kingdom (Schulte), Italy (Hoh- damage for which a crime victim is to be com- nerlein), the Netherlands (Darimont), Aus- pensated is generally subject to punishment, tria (Ossio), Sweden (Köhler), Spain (Rein- and the principles of autonomy and subsidi- hard) and Switzerland (Wilman) and arity of the compensation systems are ulti- examines these systems with regard to simi- mately connected to some sort of criminal larities as well as differences. procedure. In German legislation this correlation is less pronounced than in other Europe- The main focus was on the examination of an legal systems, since here victim compensa- reasons for the introduction of victim com- tion as part of social compensation law has pensation systems, the configuration of these been shaped according to the fundamentals of systems, the principles discernible in the re- social law. Yet, also the other countries under spective national system configuration, and investigation that are more strongly rooted in – by also looking at the European and inter- criminal policy have, at least to some extent, national level – the role of the principles of configured their compensation systems in line territoriality and personality as criteria for with the principles of social law. Ultimately, the granting of benefits. victim compensation will remain part of a more comprehensive provision system for The research members in charge of the dif- crime victims. Separate administrative proce- ferent countries first analysed the personal dures are provided for compensation benefits, benefit requirements as well as the specific the granting of which is often closely connect- reason(s) for benefits being granted; further- ed to other social benefits or services.

32 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

All in all, crime victim compensation mani- tributional pension formula so that benefit fests itself as a part of compensation law that cuts scarcely affect this income bracket. has in Europe become independent and well-established; it is based on the conflict- In 2007, measures were also adopted in Ger- ing objectives of the policies of social law many to raise the statutory retirement age to and criminal law and is granted in the form 67 in steps, starting on 1 January 2012. A of social benefits. The victim protection pro- study funded by the Konrad Adenauer Foun- vided by means of this benefit forms part of dation on behalf of the Instytut Spraw Pub- the guarantee to social protection. It has licznych (Institute of Public Affairs) in War- meanwhile become an inherent part of the saw set out to investigate German society's Prof. Dr. Hans-Joachim Reinhard European Union concept of social welfare, reaction to these measures and the political despite all differences still existing between discourse accompanying them. This interest the member states with regard to its individ- in the German approach was fuelled by simi- ual configuration. lar deliberations in Poland to lift the retirement age, thereby seeking to avoid any po- The project has been successfully concluded litical mistakes its western neighbour may and the research findings, inclusive of the have made. various country reports, have been published (ZIAS, No. 1-2, 2010/2011). The results of this study were presented to a broad public on the occasion of a conference held in Warsaw at the beginning of Decem- 3.6. Raising the Retirement Age: ber 2010. It was attended by journalists, rep- An International Comparison resentatives of the Polish social insurance Hans-Joachim Reinhard scheme, members of parliament and sena- tors. Meanwhile, the findings have also been Numerous states have already raised the age published in the Polish language and made limit for the award of pensions under their available for debate in Poland. A surprising statutory pension insurance schemes – or are outcome of the study was that – like in the at least intensely deliberating this matter. United States – the German legislation was Apart from demographic developments, the drafted very quickly and accompanied by financial crises in some EU member states relatively few protests. That was all the more have further accelerated this social policy astounding as the German statutory pension debate. scheme does not only render basic protection but seeks to secure retirees' previous Over one and a half decades ago, the United standard of living. Hence, all insured per- States was the first to resolve the progressive sons are impacted directly and substantially. raising of the statutory retirement age to 67. Yet as the law was not due to unfold its ef- The process was initiated at a time when the fects until five years after its enactment and, financial situation of the US Social Security moreover, contained a clause requiring veri- Administration could still be described as fication of the necessity of its implementa- fairly well-balanced. The two-year increase tion, many politicians, but also trade unions in the statutory retirement age did not only and social welfare associations, initially as- mean the insured had to work longer; it also sumed that employees would not be impact- entailed significant financial losses on ac- ed to the full extent by the new regulation count of attendant alterations to the compu- and would not actually have to work until the tation of pensions, say, through longer contri- age of 67. Instead, the political debate went bution periods required for a premature in the direction of extending existing instru- claiming of benefits. Astonishingly enough, ments (e.g. part-time employment prior to this change for the worse did not at the time retirement) so that hardly anything would trigger any noteworthy protests on the part of change for employees. After it became clear, the insured and their lobbies. Given the na- however, notably to the trade unions and so- ture of the US system, that could be ex- cial welfare associations, that existing regula- plained by the fact that it provides only basic tions would not be prolonged and the law coverage not directed at securing the stand- would be implemented on schedule as per 1 ard of living, and simultaneously privileges January 2012, several politicians started to lower income earners through its highly dis- call for a suspension of the reform. Subse-

33 Report 2010 – 2011

quently, in the autumn of 2010, large-scale 69 or even 70. The eminent importance of rallies were staged in several German cities gaining knowledge about other social securi- and flanked by political actions. These pro- ty systems has been exemplified by the old- vided a reference to topical events at the age pension reform in Spain. The Govern- aforementioned conference; at the same ment there had imposed a very tight schedule time, participants were able to draw on the on those responsible for drafting the perti- experience gained in other countries, such as nent bill. On the basis of its personal con- France and Spain. In each of those coun- tacts, the Institute was able to furnish infor- tries, the announcement of plans to increase mation on the reforms in Germany and Dr. habil. (HDR) Otto Kaufmann the retirement age triggered mass demon- France and hence contribute to the swift strations and a general strike, with conflicts implementation of the planned legislation. in the streets even turning violent.

An ongoing comparative analysis has set out to 3.7. Governance of Occupational Pension investigate why public reactions differed so Schemes markedly and what may have been behind Otto Kaufmann them. Certainly one explanation for France and Spain is that political strikes there have a Many countries have in recent years effected certain tradition – also in the form of general more or less extensive reforms in order to strikes that paralyse all of public life – where- consolidate their old age pension systems. A as in Germany political dispute over contro- conference held in Rennes in 2005 already versial regulations tends to be carried out be- discussed fundamental questions regarding fore the Federal Constitutional Court rather occupational pensions, as well as occupa- than in the streets. Moreover, in both France tional pension reforms and their sustainabil- and Spain the parameters (particularly, the in- ity. The findings have been documented in a surance periods required) for the attainment publication. of "full" pension benefits have been altered. This has made the lowering of financial bene- At that time, it was decided to continue and fits more conspicuous than in Germany, where expand on this topical issue by means of legal the discussion tends to revolve round working comparison and to consolidate the analyses until the age of 67 per se. What is more, the in a publication after a further conference. planned reductions are not a novelty in Ger- The aim of a conference held in Berlin in man law and make the cuts less overt than the 2009 was to examine the essential elements prolongation of the insurance period. And in relevant for establishing and controlling oc- France and Spain, in contrast to Germany, the cupational pension schemes, i.e. to compare transition periods are much shorter so that the them and analyse them from different per- full effects will be felt in the immediate years spectives. This key issue received unexpect- ahead, and not in the remote future. ed exposure due to the international financial crisis in 2008. To varying degrees, the finan- Alongside reflection and assessment from a cial crisis had a direct impact on the capital- social policy viewpoint, it is also of interest to funded occupational pension systems. In look at the descriptive elements of the re- some countries, previously decided or already forms. Enquiries directed to the Institute implemented reforms were also comple- (say, by courts) have repeatedly shown that mented by additional measures aiming at the there is a great need for information about consolidation of occupational pensions. foreign pension schemes. The mobility prev- The conference was organised together with alent in the European Union and desired as the Western Institute of Law and European such is confronting more and more national Studies (IODE), Hans-Böckler-Stiftung and institutions with foreign social legislation for Friedrich-Ebert-Stiftung with IODE being in which they often lack the requisite legal charge of the concept and content-related background and language skills. Beyond that planning (see Report 2008 – 2009, pp. 59-61). and in the light of demographic change, reforms are far from being concluded. Experts Some statutory old age pension schemes in several countries (e.g. Denmark, but also have had to cope with fundamental changes Germany) have meanwhile broached the due to the reforms. These reforms were nec- subject of increasing the retirement age to essary, inter alia since demographic develop-

34 I. FOREIGN AND INTERNATIONAL SOCIAL LAW ments and especially the adverse labour mar- control functions. This is important for vari- ket situation with its high rates of ous reasons, particularly also because sup- unemployment called for an adjustment of plementary occupational pensions can coun- the social security systems in general and of terbalance deficits in statutory old age the pension systems in particular. In some security and expand its range of benefits. For countries the reforms focused on benefit al- some reform measures have no other implic- terations, but also provided for the establish- itly or decidedly proclaimed goal but to intro- ment of further social security mechanisms. duce benefit cuts in statutory pensions. Very often, the reform measures would ex- Guaranteeing, at least in part, compensation tend to occupational pensions, too, which for reduced basic benefits by way of occupa- exist in various forms on an obligatory or vol- tional pensions or other forms of supplemen- untary basis in the differ- tary old age security is only ent countries. Alongside possible, in terms of sus- occupational pensions in a tainability, if financial se- narrower sense, also other curity is ensured. Problems forms of supplementary old relating to control cannot age security were reformed be limited to one area, but in a number of countries. are to be viewed as a whole, In some countries these because they touch upon supplementary pensions all aspects of occupational were configured on a col- provision for old age. lective or on an individual Against the backdrop of basis, as was the case espe- the financial crisis it is ap- cially in Germany. For propriate to find out these reasons, but also due whether the supplementa- to deliberations pertaining ry old age security systems to management policy, the are crisis-proof. percentage of occupational Based on the additional pensions and other supple- findings obtained during mentary old age insurance schemes in the the conference, experts from science and overall provision for old age has increased in practice, as well as representatives of the so- some countries. Provision for old age has be- cial partners made available their contribu- come – or is becoming – a core aspect of oc- tions for the purpose of the following publi- cupational social policy. In this context, we cation: should not forget that in many places occupational pensions had been established ear- Otto Kaufmann, Sylvie Hennion (eds.), lier than statutory pensions. Steuerung der betrieblichen Altersver- sorgung in Europa: garantierte Sicherheit? The project termed "Governance of Occupa- Governance of Occupational Pensions in tional Pensions" was organised as an interna- Europe: Guaranteed Security? Gouvernance tional conference and was conceived as a des retraites professionnelles en Europe: Sé- follow-up project to the conference of 2005; curité garantie?, Springer, Heidelberg, 2011. it included the publication of a book. As to the subject-matter, the conference was de- In the first part of the publication the "Cur- signed to build on the findings established in rent Situation of Occupational Pensions" is 2005, while allowing for greater specification examined from a comparative approach. In of the various topics. this context, particular consideration is given The focus was on governance especially with to different elements such as corporate gov- respect to the establishment and, above all, ernance or control mechanisms. In the sec- control of occupational pensions under the ond part investigations into the financial se- guiding principle of security of occupational curity of old age pension schemes are and other pensions. For the financial and conducted which can be realised in various economic crisis made obvious what kind of ways, like supplementary old age security it- risks pensions may face as regards sustaina- self, but must comprise certain features such ble security, and how important it is there- as independent supervisory bodies. The third fore to be able to rely on solid and obligatory part is devoted to corporate governance and

35 Report 2010 – 2011

the social dialogue which often plays an im- repealed as of 1 January 2005 and incorpo- portant role in this respect, while the forth rated into Book XII of the German Social and final part focuses on governance ele- Code (§§ 41 et seq. SGB XII). In the area of ments and the future development of occu- social assistance, Turkey has with the passage pational pensions. These major subject areas of Act No. 2022 of 1 July 1976 (which grants are illustrated in 19 individual contributions pensions to Turkish citizens who are over the starting out from various approaches as well age of 65 and who are destitute, infirm and as different points of view and disciplines. without any means of support) adopted a system similar to the German basic protection All contributions focus on the governance of system. This law provides for cash benefits on occupational pensions and the exercise of a monthly basis to needy persons aged 65 and control. The efficiency and the introduction over, as well as to persons with disabilities. of possible (new) security mechanisms, the governance of the systems and related means Constitutional Guidelines of control are often at the discretion of the social partners involved. However, there are In Article 2 of its Constitution, Turkey com- also financial control mechanisms provided mits itself to the principles of the welfare by the state that constitute a framework and state. Apart from the welfare state principle, are applied in addition to the measures cre- the Turkish Constitution establishes in vari- ated by the social partners. In this context, ous standards the responsibility of the state differences can be noted between the various for the social protection of the Turkish citi- countries. In the light of the internationalisa- zens – such as in Article 61, which provides tion of financing, international instruments for state responsibility for groups of persons will take on increasing importance, particu- requiring special social protection. Persons larly also because a number of shortcomings requiring special social protection are, for in- have become apparent since the financial stance, elderly people and persons with dis crisis. In some countries a direct correlation abilities whose participation in society is to can be observed between the occurrence of be ensured. Based on this constitutional rule, the financial crisis and decisions made right the legislator takes "measures to guarantee afterwards or, respectively, the alteration or the protection of persons with disabilities suspension of measures adopted before the and their integration in the life of the com- crisis. The paper entitled "Is International munity". Accounting Standard 19 Providing a More Secure Governance of Occupational Pension The Turkish government fulfils its obligation Schemes", which raises the question of effi- to protect the above-mentioned groups of ciency, is of topical interest in this respect. persons via social service systems and social assistance, which are both financed from the The full scope of the financial crisis with re- state budget. Social services and social as- gard to occupational pensions is far from assistance are governed by a number of stat- sessable yet, and it will doubtlessly continue utes that provide for different types of assis- to have an impact on various occupational tance. Alongside the social insurance reforms pension schemes. The (financial) security of (provisionally) effected over the recent years, occupational pensions and the question as to the aim of the Turkish legislator has also whether and how it will be guaranteed there- been the restructuring of the social services fore continue to be highly current issues. and social assistance. To the present, however, reform efforts have not brought about any changes in the law. 3.8. Turkish Social Assistance Law: Basic Protection in Old Age and in the Event of With respect to the social security of elderly Disability people who have reached the age of 65, Act Yasemin Körtek No. 2022 was adopted in 1976 providing for pension payments in the event of need. Fol- On 1 January 2003 the law on a minimum lowing Disability Act No. 5378 of 1 July 2005, needs-based pension supplement in old age the scope of application of Act No. 2022 was and in the event of reduced earning capacity extended to include persons with disabilities, (GSiG) took effect in Germany. This law was introducing social pensions for this group of

36 I. FOREIGN AND INTERNATIONAL SOCIAL LAW persons on the basis of their degree of disabil- the degree and classification of the disability ity. Caregivers who provide long-term care to as well as on the opinions elaborated by the underage family members with disabilities health committees", similar to the German may also apply for a social pension. regulation on health care of 10 Decem- ber 2008 (BGBl. I, p. 2412). As to defining Social Pensions Relating to the Provisions the individual degree of disability, the loss of of Act No. 2022 function due to a specific disability and its everyday implications are of major relevance. According to Act No. 2022, two categories of The applicants must prove that they have assistance can be applied for: social pensions lost part of their bodily functions, with the due to old age and social pensions in the degree of disability being at least 40%. Per- event of disability. The personal scope of ap- sons with disabilities are considered depend- plication is limited to the extent that only ent on long-term care once they have reached Turkish citizens are covered by this law. Eli- a degree of disability of 70% and are no long- gibility for benefits is based on means tests er able to lead their lives without help from carried out by the provincial committees or others. Finally, close relatives of minors with district councils. disabilities may claim a social pension if they actually provide long-term care to the person (1) Actual need is a prerequisite for being concerned. Thus, social pensions for persons granted a social pension. The benefits eligibil- with disabilities are granted to three groups ity level is determined by multiplying the indi- of persons: cator defined by the annual budget laws by the monthly adjustment coefficient applied to (a) Persons in need who have reached the the salaries of public sector employees. age of 18 and who are not able to lead a life The means tests carried out by the responsi- without help from others and hence suffer ble provincial committees or district councils from a degree of disability of at least 70% must prove that the applicants have no per- (their social pension amounts to three times manent monthly income equal to or above the benefits eligibility level); the benefits eligibility threshold, i.e. that, in (b) Persons in need who have reached the age particular, they are not awarded any mainte- of 18 and suffer from a degree of disability nance payments by persons obliged to pro- between 40% and 69% and have not been vide maintenance, that they are not granted able to find a job (their social pension amounts any social insurance benefits, that they have to twice the benefits eligibility level); no income from property or assets and do not (c) Persons in need who are in charge of a receive any other benefits from any social as- person with disabilities under the age of 18 sistance scheme except for benefits provided and who actually provide long-term care to for medical treatment or care payments ac- this person (their social pension amounts to cording to Act No. 2828 (relating to the Gen- twice the benefits eligibility level). eral Directorate for Social Services and Child Protection). According to the Turkish legislator, it is primarily the family who have to act as advo- (2) Social pensions due to old age can be cates in the event of social hardship. Conse- awarded to needy persons who have reached quently, the government will only assume the age of 65. The pension level corresponds responsibility in cases where the social hard- to the benefits eligibility level. In 2011, the ship cannot be alleviated through family sup- monthly assistance payments amounted to port. According to the legislator, the purpose 100.36 TL (~ 50 ¤ ). of social benefits and services arising from Act No. 2022 is not to eliminate existing pov- (3) Act No. 2022 also provides for social pen- erty. If anything, social pensions are suitable sions to needy persons with disabilities, upon to at least mitigate the adverse effects of pov- application. The benefits level depends on erty in old age and in the event of disability. the degree of the disability. This degree is de- Two – welcome – legislative proposals have fined by expert opinions elaborated by health recently been presented to the Turkish par- institutions which are appointed by the Min- liament to raise the social pensions by means istry of Health. The expert opinions are based of a benefit increase in order to detach them on the "administrative regulation regarding from pay raises in the public sector.

37 Report 2010 – 2011

The Status of Family and Civil Society in winners ("Familienernährerinnen", head: Ute Social Security Klammer and Christina Klenner), and support for caregivers ("Unterstützung von Pflegeper- 3.9. Time for Responsibility in the Life sonen", head: Ulrich Becker). The primary fo- Course – Political and Legal Strategies cus of all three research groups was on the Edda Blenk-Knocke situation in Germany.

The Project: What is to Follow the Bread- The project managers at the Institute were winner Model? responsible for the research group processes Dr. Edda Blenk-Knocke which they coordinated, including the or- Starting in autumn 2006, the international, ganisation and conceptual elaboration of interdisciplinary research project entitled conferences. The findings were completed "Was kommt nach dem Ernährermodell?" in summer 2010 in three separate policy pa- ("What is to Follow the Breadwinner Mod- pers and were, for the first time, presented to el?", see also Report 2006 – 2007, p. 57-60 the political and expert community at the and Report 2008 – 2009, p. 68-75) has been German Bundestag in Berlin on 29 Novem- carried out by the Max Planck Institute for ber 2010 during a conference dealing with Foreign and International Social Law (now time for responsibility over the life course, Max Planck Institute for Social Law and So- entitled "Zeit für Verantwortung im Lebens- cial Policy) in collaboration with the Depart- verlauf – Politische und rechtliche Hand- ment for Gender Equality based in the Ger- lungsstrategien". man Federal Ministry of Family Affairs, Senior Citizens, Women and Youth (BMFS- The Retreat of the Breadwinner Model: FJ). During the first two project phases two The Necessity to Restructure Family Care expert conferences were held. They focused on the problems of changing gender roles In the European countries a large heteroge- and, in a comparative way, on the changing neity can be observed regarding the individu- gender role models particularly in family law al welfare state arrangements, gender hierar- and social law in Europe, as well as on the chies and family and social policies. This is different opportunities arising for women and due to a number of historical, political, eco- men with a view to independent income secu- nomic, legal and socio-cultural factors. One rity. The findings of these conferences were of the key findings arising from the two com- published in two conference papers which parative European expert conferences organ- were evaluated and put together by Eva ised as part of the project in 2007 and 2008 Maria Hohnerlein and Edda Blenk-Knocke: was that the gender roles of men and wom- BMFSFJ, Eigenverantwortung, private und en, i.e. the individual patterns regarding the öffentliche Solidarität – Rollenleitbilder im division of paid employment and unpaid Familien- und Sozialrecht im europäischen family work, have become more diverse dur- Vergleich, 2008; BMFSFJ, Rollenleitbilder ing the past decades. New lifestyles have de- und -realitäten in Europa: Rechtliche, ökono- veloped, reducing or replacing the male mische und kulturelle Dimensionen, 2009. breadwinner model.

During the third and last phase of the project (2009 – 2011) three autonomous, interdisciplinary research groups were established to explore selected topics with the ulterior goal of providing reform options for the policymaking process in the light of gender equality. The research groups concentrated on matrimonial property law ("Ehe güterrecht", head: Barbara Dauner-Lieb), female bread- German Bundestag, Paul-Löbe-Haus.

38 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

Also in Germany the simultaneity of various times of high divorce rates, the decision in gender arrangements and gender role models favour of the traditional division of gender has become a living reality: Empirically and roles constitutes a major security risk for the normatively, the traditional male breadwin- partner who resigns from gainful employ- ner model is still present, but has been su- ment for the benefit of family care work. The perseded by the modified breadwinner mod- statutory property regime of the "Zugewinnge- el, where both partners work in a combination meinschaft" (community of accrued gains, i.e. of full-time and part-time employment. With separation of property with accrued gains be- the group of female breadwinners in families ing equalised on termination of the marriage) growing steadily, new family constellations as applied in Germany, however, reduces have developed over the last years, with little risks of this sort only to a limited extent. being known so far about their life realities. The research group on matrimonial property In the context of gender equality policy, and law focused on the question as to when with regard to the various forms of life, the spouses are ready to assume mutual respon- question arises as to how the responsibility sibility, how long this responsibility lasts, and for family care work carried out by women what legal framework would be suitable to and men over the course of their lifetimes reinforce the sharing of this responsibility. can be given a social and a legal structure, Another point at issue was the right time for and how the risks can be managed that are spouses to assume mutual responsibility associated with accepting certain role mod- with respect to matrimonial property rights, els and agreeing to a certain division of re- i.e. at a time when the partners feel generally sponsibilities in the domestic and the profes- ready to assume responsibility for joint deci- sional field. This constitutes a particular sions made in favour of family care which in- challenge to family and social law, in many volve risks that must be compensated for. Cur- ways. The aim of politics is not at all to im- rently, the institutional framework makes it pose a certain way of life on people, but to easy to burden only one of the partners with allow them freedom of choice. disadvantages.

Research Groups Under the aspects of gender equality, matrimonial property law especially requires mod- The issues dealt with by the experts of the ernisation with respect to the traditional three research groups between October family constellation, focusing on greater 2009 and July 2010 are exemplary of the equal sharing during marriage by introduc- policy approach termed "time for responsi- ing, among other things, true freedom of bility in the life course". The three research choice regarding the matrimonial property groups devoted their studies to topics involv- regime and fair compensation for the dura- ing periods of radical change or changing tion of the marriage. This would reflect the gender roles during the individual course of empirical finding that spouses are much life of men and women caused by their tak- more likely to decide on a fair financial coming on family care responsibilities. Although pensation during marriage than in the event different in content, the topics entirely focus of divorce (cf. Borgstedt, Partnerschaft und on the changing gender roles and gender role Ehe – Entscheidungen im Lebensverlauf, in: models, as well as on the existing plurality of BMFSFJ, Zeit für Verantwortung im Le- gender arrangements. bensverlauf – Politische und rechtliche Handlungsstrategien, 2011, p. 45). Research Group on Matrimonial Property Law ("Ehegüterrecht") The property regimes prevailing in Germany, In Germany, the breadwinner model still oc- such as the community of accrued gains, the cupies a strong position. In 2006, 55.2% of matrimonial separation of goods and, hence- the couples in western Germany followed the forth, also the French-German matrimonial traditional male breadwinner or the modified property regime regarding a modified com- breadwinner model (involving a full-time/ munity of accrued gains as a new optional part-time employment combination), while system, are regimes that are characterised by this was the case for 36.1% in the eastern the separation of property. Couples who wish part of Germany. It is not disputed that, in to have matrimonial community of property

39 Report 2010 – 2011

as well as risk compensation for family care lent to the male breadwinner model. Female work during marriage can only resort to the breadwinners care for their families under general community of property, which in its different circumstances than male bread- present form has long been outdated. To al- winners do. low for true freedom of choice, the research group has suggested introducing a modern- The group of female breadwinners is hetero- ised form of the community of property ac- geneous. It consists of women living in a part- quired during marriage as an optional matri- ner relationship with or without children, monial property regime which is more and of single mothers. Female breadwinners oriented towards a concept of legal commu- often belong to the low income bracket or are nity and allows for the joint acquisition of in precarious employment. In general, their property already during marriage. This does income is much lower than that of male in no way mean that the new optional regime breadwinners. However, there are also fe- of a modernised community of property ac- male breadwinners in dual career couples quired during marriage ("Errungenschafts who earn a higher income than their part- gemeinschaft") is to replace the property re- ners. With the allocation of housework and gime of the community of accrued gains family care work usually still following tradi- ("Zugewinngemeinschaft") – but rather that it tional patterns, female breadwinners bear a may be considered as an alternative to the double responsibility and a huge double bur- latter. den, with a high potential for health risks.

During the conference it was pointed out German labour market policy and social pol- that marriage in Germany is especially pro- icy are in no way prepared for the new con- tected with a view to taking on responsibility stellation of female breadwinners. They are for family care work. Yet, it has to be acknowl- often, and in completely contradictory ways, edged that at present different family struc- oriented towards the traditional male bread- tures exist. Consequently, the question is winner model or towards the dual earner how legal protection can also be granted to model. That is why a political and legal non-marital partnerships or single-parent framework must be created at various levels families in order to give them "time for re- to support women as breadwinners. sponsibility", i.e. for carrying out family work. For the risk associated with family care work Hence, the authors of the policy paper, Ute must also be equally shared and compensat- Klammer, Christina Klenner and Svenja ed for within these family constellations. Pfahl, have presented strategies for action in a variety of different fields like labour market Research Group on Female Bread- policy, income structures, social policy and winners ("Familienernährerinnen") family policy, education policy (extension of This research group dealt with the new but role options for boys and girls), child-care in- steadily growing role constellation where frastructure and transport infrastructure. In women represent the sole or, respectively, addition, they have been dealing with the main breadwinners in their families. The strengthening of partnership-based role proportion of sole or, respectively, main fe- models in companies to support female male breadwinners in multi-person house- breadwinners not only in their immediate so- holds amounted to 18% (in 2007). cial environment but also on the municipal and federal level, as well as at the workplace. In this case, the change is that the women must – often unintentionally – take on the Female breadwinners show that traditional role of the breadwinner. That means that employment patterns are gradually changing, they are entirely responsible for the econom- but that traditional task sharing in the fami- ic support of their families through gainful lies proves to be extremely persistent, even employment without prior preparation for in the case of dual career couples. such a role, while their partners, at the same Granting fathers longer parental leave would, time, often have to cope with the failure in on the one hand, influence traditional task their role as breadwinner, such as in the case sharing and, on the other hand, send an im- of unemployment. It cannot be assumed that portant signal to employers that also men are the female breadwinner model is an equiva- not always available in the job.

40 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

Prof. Dr. Ulrich Becker, Sibylle Laurischk (Member of the Bundestag, chairperson of the Committee on Family Affairs, Senior Cititzens, Women and Youth) and Dr. Edda Blenk-Knocke.

Research Group on Support for under-represented in this context can be Caregivers ("Unterstützung von convinced to assume long-term care respon- Pflegepersonen") sibilities. Without sufficient financial com- The main focus of this working group was on pensation, neither the looming shortage of the provision of long-term care provided caregivers, nor the unequal sharing of risks through family members at home. Depend- between men and women due to care re- ing on the situation, this decision, too, may sponsibilities can be coped with. lead to a radical change in the caregiver's life entailing specific risks for financial autonomy In their policy paper, Ulrich Becker and Luise and income security. Both long-term home Lauerer developed different options that care provided within the family and profes- might improve the situation of non-professional long-term care are strongly character- sional caregivers caring for relatives, for in- ised by traditional gender role models. stance the possibility to take leave from work In German long-term care insurance law, to an extent going beyond current labour law home care is given priority over all other provisions. forms of long-term care. This reflects the To alleviate the financial disadvantages wishes of the vast majority of the population. caused through caregiver leave, various solu- Consequently, an adequate institutional and tions are conceivable. They range from tax- legal framework must be created for those financed income replacement for persons in interested in providing long-term family gainful employment (similar to parental al- care, i.e. time must be allocated for this kind lowance), to an increase in care allowance of care-giving responsibility. for better financial recognition of long-term Irrespective of the gender-neutral formula- care service provision by family members, tion of principles, the priority of home care through to the professionalisation of care implicitly delegates the responsibility for provision by relatives, neighbours or friends relatives in need of long-term care to women. by means of creating employment relation- Considering the entire life course under the ships liable to social security contributions aspect of gender equality, the question arises (remuneration for long-term care services as to what types of risks arise from long-term rendered). The configuration of long-term care-giving within the family – particularly care in Denmark is an example of the latter regarding independent income security, the option. prevention of poverty in old age and personal Furthermore, modifications in health insur- opportunities in the job market – and how ance or unemployment insurance schemes these risks may be minimised. But there is may contribute to minimising the financial also the question of how men, a group largely risks for caregiving relatives. Improving the

41 Report 2010 – 2011

A New Role Model: Gainfully Employed Persons Assuming Care Responsibility in their Life Course

The findings of the longstanding project work termed "What is to Follow the Breadwinner Model?" were published in the expert report of the expert commission in charge of the First Report on Gender Equality of the Fed- eral Government (2011). They were seminal for the new gender role model formulated by the commission with regard to equal participation in gainful employment and family care. Under the aspects of gender equality, this new role model must be supported in respect of the allocation of gender roles and must be given an adequate structure in terms of social law and family law: Both men and women should have the option to combine gainful employment and family care work. For this to happen, framework conditions entitlement to old age pension on account of should be provided to prevent major disad- caregiver leave following the example of vantages in the professional career, in income child-rearing periods would raise the chanc- or old-age pensions. Furthermore, incentives es for appropriate income security in old age. shall be provided for both men and women to A further option is to improve tax conditions make use of such an option (cf. Neue Wege for caregivers. – Gleiche Chancen. Gleichstellung von An important accompanying measure is the Männern und Frauen im Lebensverlauf. Gu- provision of personal support to caregivers tachten der Sachverständigenkommission an through information, counselling and assis- das BMFSFJ für den ersten Gleichstellungs- tance with caregiving. bericht der Bundesregierung, 2011, p. 209 et Furthermore, high priority must be given to seq. and 225 et seq.). the preservation of the health of caregivers. The findings of the research groups and the In the area of home care different constella- discussions held at the conference in the tions exist. When appraising the care mod- German Bundestag on 29 November 2010 els, the question therefore arises as to which are documented in a publication edited by target group best suits which model. At the the German Federal Ministry of Family Af- conference it was emphasised that there fairs, Senior Citizens, Women and Youth were caregiving models which in the modern (BMFSFJ) in collaboration with Eva Maria work society could quickly run into struc- Hohnerlein and Edda Blenk-Knocke, entitled tural boundaries, as the requirement that "Zeit für Verantwortung im Lebensverlauf – family members live nearby is often no long- Politische und rechtliche Handlungsstrate- er valid. This applies to both the Act on the gien, Berlin 2011". Further Development of Long-Term Care [Pflege-Weiterentwicklungsgesetz] that took effect on 1 July 2008, and the Home Care 3.10. New Family Structures and Leave Act [Familienpflegezeitgesetz] that took Changing Gender Role Models as a effect on 1 January 2012. Challenge to Social Law – A Comparative On principle, the experts agreed on the fact Analysis of the Developments in Europe that, in Germany, outpatient care must fi- Eva Maria Hohnerlein nally take precedence over inpatient care. This, however, requires that long-term care The forms of cohabitation among couples insurance must invest more money in outpa- and the related gender arrangements among tient care and that care allowance must, if partners in Europe have changed. Marriage necessary, be increased. as a privileged form of long-term partnership

42 I. FOREIGN AND INTERNATIONAL SOCIAL LAW has de facto declined in significance. This couples involved the same rights under social has to do with the rising number of divorces law as 'regular' spouses. The dynamics in the and with the fact that more and more cou- consideration of social security issues regard- ples live together without a marriage certifi- ing non-marital partners follows different pat- cate. These non-marital partnerships mostly terns depending on the different types of social consist of heterosexual couples, sometimes benefits and services. A main finding of the also of homosexual couples with or without study is that, in most of the countries under children, and sometimes of other partner- investigation, the concept of derivative social ships based on mutual solidarity. security benefits for dependent partners has not only been extended to cover registered Dr. Eva Maria Hohnerlein In Europe, national legislation has responded partners of the same sex (hence following the to these social developments in different relevant principles of family law) but also non- ways. This applies to both the recognition of marital partnerships between men and wom- such partnerships under family law and the en. In Sweden, access to survivors' pensions consideration of these "parallel relationships" was opened up relatively early to non-marital under social law. During the period under re- partnerships between men and women. With view two separate studies dealt with the "dependent" social security being abolished, question of how various European social law an extension of this form to homosexual part- regimes have responded to the new family nerships became obsolete. worlds and the pluralisation of gender roles. In many countries which had originally fol- A first study focused on the question as to lowed the tradition of marriage-related social whether partners of the same sex have access security, "dependent" social protection for sur- to social security benefits for dependent fam- vivors was later also extended to concubinage. ily members traditionally reserved for married This even applies to Catholic countries such couples, and to what extent also non-marital as Ireland or Spain, whereas Italy with its fur- relationships are included in the protection ther centring on marriage constitutes an ex- granted by those benefit systems. In Germany, ception. Cohabitation in Italy remains almost registered partnerships meanwhile have the without any social protection. However, the same social rights as spouses, regarding, for Italian Constitutional Court decided in 2009 instance, statutory pension insurance, health with regard to statutory occupational accident insurance or long-term care insurance. "De- insurance that children from non-marital part- pendent" social protection of marriage partnerships who are entitled to a half-orphan's ners, mostly women, has increasingly come pension shall receive this pension at the in- under scrutiny. Hence, reform has been re- creased rate for full orphans. In this respect, quired for many years to improve social secu- non-marital partnerships are indirectly taken rity for women through the extension of inde- account of via the benefits entitlements grant- pendent protection. Paradoxically, dependent ed to dependent children of the couple. social security is in the meantime being extended to registered partners of the same sex. By contrast, heterosexual partners in non-marital relationships remain excluded from any form of dependent social security in Germany.

In the first study, a comparison of several countries in Northern Europe (Denmark, Sweden), Western Europe (The Netherlands, France, the UK and Ireland) as well as South- ern Europe (Spain, Italy) showed that these countries – except for Italy – have developed solutions that offer non-marital partners a legal framework to be able to respond to social security deficits due to changing living conditions. Yet, there is no common procedure that would automatically, due to the juridification of certain forms of non-marital cohabitation grant to

43 Report 2010 – 2011

A second comparative investigation dealt Not infrequently the father has started a with changing gender role models and the new family and gives it financial preference. reforms they brought about in old-age social And finally, the maintenance debtor is often security and survivors' protection. Here, the entirely unable to meet his commitments developments of social law in Germany were adequately owing to a lack of resources or compared against reforms in other countries unemployment, even if he is willing to do which focus on strengthening independent so. In times of low wages and declining real social security by extending, for instance, the incomes as well as continued high unem- recognition of child-rearing periods with re- ployment, this is by no means the most un- gard to pension legislation (France), abolish- common case. ing survivors' protection in whole or in part (Sweden, Denmark), or, conversely, by turn- As a result, the poverty risk of single-parent ing survivors' protection into a hybrid system families is strikingly increased. Women with of independent and derived protection children are usually those affected because (France). In opposition to this development they traditionally retain parental custody af- there is a trend towards extending derived ter a separation. Models of joint parental social security to concubinage and registered responsibility hardly ever function properly; partnerships by including them in survivors' frequently, they are not even desired by the protection. Both studies have been pub- parents. Moreover, only in the fewest sepa- lished as articles, one in a periodical and one ration proceedings is the parenting duty en- in a book. trusted to the father. Here again, the classic role model continues to prevail, so that this is not considered a viable option – neither by 3.11. The Situation of Single-Parent parents nor courts or the other parties in- Families: A Comparison volved in the proceedings, such as child pro- Hans-Joachim Reinhard tective services.

The number of single-parent families has In January 2010, a team of researchers based been rising steadily for many years in all in- at the University of Barcelona was awarded a dustrialised countries. While in previous contract to conduct a study on the situation decades the main causes for the absence of of single parents in Spain, with a special fo- a parent was the mother's death in child- cus on the Autonomous Community of Cat- birth or the aftermaths of the Second World alonia. The background was that according War, these constellations fortunately have to the constitutional distribution of compe- become exceedingly rare, if not to say irrel- tences, Spain's Autonomous Communities evant. Today, one-parent families are usually possess legislative powers in the field of so- the consequence of divorce or sometimes cial law outside social insurance. It was the even the deliberate decision of a parent, Government's intent to examine the social mostly the mother, to live without a partner. circumstances of single parents and, as appropriate, to submit proposals for social leg- To date, the law has failed to respond satis- islation to improve their situation in Catalo- factorily to this new societal development. nia and all of Spain. In cases where single parenthood is brought on by one parent's death, attempts are made Apart from depicting the current state of af- to compensate for at least part of the finan- fairs in Catalonia and Spain, an additional cial loss through the payment of survivors' aim was to provide an overview of the situa- benefits. Yet if both parents are still alive, tion of single parents in several countries of financial arrangements are primarily left to Europe. The Spanish project leader thus ap- the responsibility of the progenitors. Espe- proached the Institute's research fellow for cially after divorce proceedings, it neverthe- Spain (Reinhard) asking him to assume this less becomes clear that this solution rarely part of the task. In June 2010, an initial functions well. One parent, typically the workshop was held at the University of Bar- father, neglects to meet maintenance obli- celona to discuss the conception of reports. gations, or does so insufficiently. Some- The results were presented in a subsequent times, unresolved parental conflicts are ar- workshop early in December 2010. It was gued out by way of maintenance disputes. also attended by a further researcher of the

44 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

Institute (Hohnerlein) with longstanding ex- 3.12. Early Childhood Care and Education pertise in manifold aspects of the social pro- in Italy – Instruments, Initiatives and tection of families. Experience with the Implementation of Social Services for Children The findings show that the social circum- Eva Maria Hohnerlein stances of single parents in most of the countries investigated are unsatisfactory – some- In comparative welfare state research, Italy times even precarious. An exception is the counts among those countries in Europe that Scandinavian countries where, aside from a have traditionally paid little attention to so- few individual cases of shortcomings in sin- cial policies geared to families with children gle-parent households, overall differences and that have, accordingly, attributed the re- vis-à-vis full families are not very pro- sponsibility for childcare and education to a nounced. In the Mediterranean countries, large extent to the family, particularly to by contrast, the social protection and above mothers and grandmothers. However, a clos- all the financial circumstances of one-parent er look offers a different picture: In as early families are clearly below average, as evi- as 1968, for instance, Italy introduced a vol- denced by the comparative statistics of inter- untary pre-school system, which it compre- national organisations. Germany is located in hensively expanded as part of its education the lower midfield. A crucial reason for the system at a relatively early stage. Develop- differences appears to lie in the prevalence ments regarding childcare programmes for of childcare facilities, particularly for chil- children under the age of three were a lot dren under the age of three. more patchy and fragmented. Following on from previous research work, the study dur- Scandinavian parents benefit from a broad ing the period under review focused on the and affordable offer of childcare services, examination of those instruments, initiatives with reliable and adequate opening hours, and experiences that have in recent years in whereas this is the big exception in wide Italy, too, led to a remarkable quantitative ex- parts of the southern countries. Considerable pansion of care services for children under regional differences have been found to exist the age of three. in Germany, with high costs and insufficient opening hours being a major complaint here. First attempts at establishing crèches as uni- In any case, dependable care facilities for versal social services in the public interest children – also during school time – are deci- can be found in Law No. 1044 of 1971. In sive to the integration of single parents in the the context of a five-year plan, a minimum of labour market and hence to increasing their 3,800 municipal crèches, co-funded by the financial resources. What is needed is a State, were to be established. Further funds broad approach towards achieving a positive were generated by levying additional manda- change in the social situation of one-parent tory social insurance contributions from em- families. For one thing, monetary benefits ployers. For many years, these expansion tar- (e.g. in the form of tax relief for single par- gets were not met. And yet, ever since, a ents) are instrumental in easing the financial gradual transition has been made from social burden, while services (e.g. aid in the en- services providing care to children from poor forcement of maintenance decisions) are apt families in the margins of society (nido as- to alleviate the psychological strain on these sistenziale) towards universal childcare ser- families. Most importantly, however, the key vices with educational objectives (nido educ- to a substantial improvement in the living ativo) that were to employ sufficiently conditions of single parents is to enable them qualified staff in order to be able to guarantee to secure their livelihoods independently health care as well as psychological and peda- (e.g. with the help of sufficient care facilities gogical assistance and care. Even though the and family-friendly workplaces). right of all children (including the disabled) to a place in a crèche as provided by Law The study was submitted in January 2011 No. 1044/71 was sporadically implemented and published by the Spanish labour ministry through regional law, the right of children to (Ministerio de Trabajo e Inmigración, La re- care and education in their earliest years of visión de la protección de las familias mono- life did not find explicit legal recognition at parentales por parte de la seguridad social). national level until some 25 years later, when

45 Report 2010 – 2011

Law No. 285/1997 on child and youth wel- As to these quantitative objectives, the Italian fare was passed, which contained provisions government entered into an agreement with on the protection and promotion of equal op- the regions, municipalities and further territo- portunities for all children. This formed the rial entities at the end of 2006, creating a Na- basis for encouraging the expansion of an in- tional Action Plan (2007 – 2009) for the de- tegrated network of diverse childcare and velopment of childcare programmes/services education facilities for small children (servizi for children under the age of three. The main socio-educativi per la prima infanzia). Despite objective was to increase the coverage rate of various initiatives, availability of day-care fa- childcare services from a national average of cilities for children under the age of three 11% to 15% and, in doing so, to create 50,000 remained insufficient – particularly in the new places in crèches; in this context, spe- southern regions of Italy. In 2000, the aver- cific targets were set for the southern regions age national coverage rate of childcare ser- (a minimum of 6%). Moreover, the exact vices for this age group was still at a mere specification of the "essential services" first 7.4% – a far cry from the so-called Barcelona had to be defined. The agreement contained a targets: according to the agreements reached significant financial obligation for the State at the EU summit in Barcelona in March on the one hand and, on the other, a special 2002, member states were invited to provide instrument of implementation that provided childcare by 2010 to at least 33% of children for technical support and for the adoption of under the age of three in the context of the a monitoring programme, the consequence European Employment Strategy. being that the regions subsequently under- took to submit a regional childcare plan with A major part of the problems involved in the specific targets for the expansion of the child- further expansion of the childcare infrastruc- care infrastructure. Since 2009, continuous ture is connected with the constitutional re- monitoring of the implementation process form of 2001 and the shift in legislative pow- has been taking place at regional level. As part ers linked to regionalisation. Childcare of this process, the various forms of childcare services are part of the social services which established under various names on the basis fall under the provisions of concurrent legis- of regional law have, for the first time, been lative competence, meaning that pursuant to systematised and classified. Italian constitutional law the regions have comprehensive regulatory powers. The State On the whole, greater dynamism has since competences are limited to determining been observed as regards the expansion of those "essential services" in the context of early childhood care services; however, the fundamental civil and social rights that shall primary focus in this context is on quantita- be guaranteed nationwide. Beyond this de- tive rather than qualitative aspects. Exem- termination of the "essential services" the plary of this is the strategy to grant children new constitutional scenario also implies the access to preschool already from the age of redefinition of financial responsibility be- 2.5 years, or to create additional day-care tween the State and the regions, the intro- places in preschools by means of opening up duction of new coordination modalities and separate early childhood groups ("sezioni pri- instruments, as well as the transfer of func- mavera") for children under the age of three. tions previously performed exclusively by the This indicates that, unlike in Germany, the State. As a result, various State provisions preferred strategy of expansion is to link specifying how regions should make use of childcare services to preschool, while private State funds distributed via one fund for the day-care services provided by childminders expansion of crèches at the workplace were in their homes have, so far, only been devel- declared unconstitutional, as they en- oped to a limited extent and do not function croached too much on regional powers. To as a substitute for the lack of public services. date, no specifications have been made at Despite all progress, Italy still falls short of national level as to the definition, scope and the Barcelona targets by some 10%, and function of these "essential services" in the many questions remain open regarding qual- field of social services, even with regard to ity assurance. As for important indicators childcare programmes for small children; in- like group size, child-to-staff ratio and pro- stead, purely quantitative targets have so far fessional staff competence, the system still been developed. lacks uniform standards.

46 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

4. Transformation in The research in this report period spotlighted the countries of Brazil and Colombia, with Threshold Countries the situations in these two states forming the subject matter of a comparative law analysis. 4.1. The Right to Health in Latin America Such an approach permits one to contrast the – Appropriate and Effective Access to two different Latin American legal systems – Health Care Services namely, the federal system of Brazil and the Lorena Ossio Bustillos unitary system of Colombia – in regard to their respective judicial and health care Dr. Lorena Ossio Bustillos The research project "Right to Health" poses structures. Moreover, a review of theoretical the following questions: Is there a right to propositions also brings into play German le- health? What, precisely, does it refer to and gal doctrine as it has been received to a re- how can it be enforced? A guiding premise markable extent in both countries' teaching here is that health constitutes a basic re- and jurisdiction, and thus plays a special role quirement for a decent existence. At the in the legal comparison. According to most of same time, there are doubts at both national the Latin American constitutions, as opposed and international levels whether a corre- to the relevant provisions enshrined in Euro- sponding subjective right to health exists. pean constitutions, the right to health is not That follows from the discrepancy in many only perceived as a purely objective-legal or Latin American countries between the en- programmatic guiding principle but is meant deavour to achieve the best possible medical to afford direct, legally enforceable access to care and the medical resources actually health care services. available to (large) parts of the population. The matter is compounded by the general The extension of the country (NICs) reports difficulties of financing a comprehensive beyond the newly industrialised countries of health care system on an enduring basis. Brazil and Colombia to include the Latin American developing nations of Bolivia, Peru In the 2008 – 2009 period, the project enti- and Ecuador proved necessary because cur- tled "The Right to Health in Latin America rent academic publications centre on the judi- – Appropriate and Effective Access to Health cial enforcement of the right to health in Care Services" was given concrete form (cf. NICs, and take this line in submitting legal Report 2008 – 2009, pp. 84-87). The ensu- propositions for appropriate and effective ac- ing investigations have focused on interac- cess to health services. These studies, howev- tion between the right to collective health er, fail to highlight interactions with other gov- and the right to individual health as well as ernment bodies – that is, the executive and on interaction between the executive admin- legislative branches, hence other avenues of istration of health care and the judicial re- legal resolution. Also, the aforesaid developing view of subjective rights to health. countries have not as yet been scrutinised to

Prof. Dr. Ricardo Perlingeiro Mendes da Silva and Prof. Fábio de Souza Silva (both Universi- dade Federal Fluminense).

47 Report 2010 – 2011

any great extent, but could prove important in substantiation of a fundamental right to tapping additional sources of relevance to the health. This in turn has fuelled political de- Latin American research venture and thus in bate in which the judicial development of law contributing further solution approaches. in single-case decisions is held to be inadmissible court intervention in the government's A two-day German-Brazilian workshop (Feb- legislative and executive competences. ruary 2010), attended by scholars of the Flu- minense Federal University, Rio de Janeiro, The judicial enforcement of social rights in and the Institute, consisted of three working newly industrialised countries such as Brazil groups on the following subjects: (1) the and Colombia was likewise the subject of a right to health from the perspective of juris- European-Latin American colloquium held diction in Brazil; (2) the right to health from in May 2010 at the German University of Ad- the perspective of health policy in Brazil; and ministrative Sciences in Speyer. It was at- (3) the specifics of effective legal protection tended, inter alia, by scholars also from An- in the health care system. dina Simón Bolívar University in Ecuador (a transnational institution of the Andean coun- Subsequent presentations were given by tries). Evidently, Latin America's developing Ricardo Perlingeiro Mendes da Silva on "Ad- countries – for instance, Ecuador, Bolivia and ministrative Jurisdiction and Collective Venezuela, as distinct from Brazil – have tak- Health", Túlio Batista Franco on "Health Poli- en an alternative approach by seeking to im- cy in Brazil", and Fábio de Souza Silva on "The plement constitutionally enshrined social Specifics of Effective Legal Protection in the rights through executive orders. Health Care System" (consecutive interpreting: Jan Peter Schmidt and Heinz Meditz). 4.2. The Ibero-American Multilateral In summary, the following conclusions were Agreement on Social Security drawn: The growing number of administra- Lorena Ossio Bustillos tive court proceedings has considerable repercussions on health care provision. Most of The Ibero-American Community (Comuni- the court rulings deal with the right of access dad Iberoamericana) comprises nineteen to health services, their specific scope and Spanish- and Portuguese-speaking countries their quality, as well as with the enforcement on the American continent, along with Spain of non-discrimination rules, but also with and Portugal. The Ibero-American Multilat- regulation and supervision in the public eral Agreement on Social Security (IMASS) health system. The individual assertion of le- was resolved on 10 November 2007 to pro- gal claims is thus leading to the increasing mote social protection within the Commu-

Prof. Dr. Túlio Batista Franco (Universidade Federal Fluminense), Dr. Heinz Meditz (German University of Administrative Sciences) and Dr. Lorena Ossio Bustillos.

48 I. FOREIGN AND INTERNATIONAL SOCIAL LAW nity, notably by coordinating the national le- ance must thereby be made for the fact that gal systems to enable migrant workers and Community measures in the social sphere their dependants to retain their social rights come up against highly disparate historically across borders, and hence to accomplish shaped national social systems – a fact which greater mobility within the Community. in turn prompts the individual states to place differing expectations on the social dimen- This international convention above all ad- sion of integration in Latin America. dresses the equal treatment of foreign and domestic entitlements as well as the national regulations governing cash benefits for retire- Prof. Dr. Dr. h.c. mult. ment, in the event of disability, for survivors, 5. Multi-Focus Research Hans F. Zacher and in cases of occupational accidents and diseases. The relevant EU legislation (notably 5.1. Emeritus Workplace Hans F. Zacher: EC Regulation 883/2004) served as a sub- The History and Crisis of the Social stantive model for the elaboration of the Market Economy Agreement's basic principles, such as the Hans F. Zacher crediting of contribution periods, potential exports of benefits and administrative coop- The term "social market economy" entered eration. It must be borne in mind, however, public consciousness in 1948, in connection that the Comunidad Iberoamericana is not an with the currency reform, which in West international organisation comparable with Germany replaced the Reichsmark by the the European Union in institutional terms, Deutsche Mark. West Germany, that was the but merely a political forum with no inde- American, British and French occupation pendent enforcement mechanisms of its own. zones (along with the corresponding occupa- The Agreement's concrete transposition is tion sectors in Berlin). It was the same part thus incumbent upon the individual states. of the German Reich's territorial "legacy" IMASS entered into force on 1 May 2010; yet which, soon thereafter in 1949, was to be- it will only be applicable in states that have come the Federal Republic of Germany. The also signed the implementing regulation. term "social market economy" had no tradi- Currently, these include Bolivia, Brazil, Chile, tion when it came into the limelight in the Ecuador, Spain, Paraguay and Uruguay. summer of 1948. It made no immediate sense. It was a programme – a notional and a The Institute's research project focuses on political concept. Its protagonists in academ- interactions between IMASS and the per se ia and politics understood it to mean some- economically oriented integration processes thing like this: The economic processes of in Latin America. The investigation moreo- production, supply and distribution of goods ver seeks to highlight the social dimension of should quite generally be left to a competi- Comunidad Andina de Naciones (CAN, the tive market economy; however, as the latter Andean Community of Nations) and Merca- does not exclude unreasonable inequality in do Común del Sur (MERCOSUR, the Com- the conditions of living, if not to say serious mon Southern Market). Particular attention shortcomings, the concept also requires the is paid to the individual states' reception of "social" control or supplementation of said the IMASS regulations, on the one hand, processes. That was a renunciation of the and the free movement rules of the econom- practice prevalent at the time (whether on ic communities and their concomitant rights communist-socialist or other ideological of equality, on the other. grounds, whether by necessity of the wartime economy) to comprehensively place the An initial step is to systematise the existing economic processes of production, supply social standards set by the Andean Commu- and distribution in the hands of politics and nity and MERCOSUR to enforce the right to control them administratively. And it was a of free movement. One will then proceed to renunciation of the radical liberal assertion identify the framework conditions of estab- that "social" supplements and adjustments lished institutions, international conventions were incompatible with market economy. and their enforcement mechanisms for the development of a "social dimension" in the This emphatic "bidirectional" approach was Latin American integration processes. Allow- to show the way out of a long and agonising,

49 Report 2010 – 2011

forever recurring uncertainty over an appro- Hence, in the 19th century, an elementary priate order of economic conditions. It has form of complementarity took shape. On the proven a royal road – and yet, also an inces- one side: the endless diversity of production, sant challenge. The landscape through supply and distribution processes. These which it leads changes constantly, necessi- were as a rule the affair of society, the family tating ever new adjustments to its course. and the market; in exceptional cases, however, they were essentially also an affair of Previous History: From the Middle Ages to the state (e.g. as public services). On the Modernity other side: the politically mandated "social" supplementation and adjustment of those The dawn of the 18th century ended a long- processes through "social benefits" and winded transition from the medieval feudal through the pursuit of "more equality" in corporative state to the modern polity. It freed regulating inherently "unequal" circum- the "ordinary people" from the poverty of their stances (such as working conditions). living quarters – the home, the farm, and so forth – and led them into the poverty of those With that basic paradigm in mind, Europe left alone, on their own and no longer "socially embarked on the twentieth century. The indi- included" (a phrase that was to be coined later vidual states thereby differed markedly, de- on). And it engendered new opportunities and pending on their level of development. Yet in new risks for those with more power. For two the close circle of Europe an alternative way long centuries, Europe sought to master this forward had also emerged. Comprising nu- development with a tempest of new ideas, merous variants, it was based on the convic- many of which still support modern thought tion that even the general assurance of decent today. In the second half of the 18th century, living conditions was a direct duty of politics the beginnings of the Industrial Revolution – whether on the part of the state or that of a radically changed labour and the economy. thoroughly politicised society destined to su- Then, around 1800, with the American and persede the state (letting it "die off", as Marx- the French Revolution, with Napoleon's re- ism put it). It was a path that ruled out the configuration of the European world of states, notion of a free society and "its" market. This finalised by the Congress of Vienna, the state pool of socialist and communist ideas, too, ac- in Europe was given a new face. The state, in- companied Europe into the twentieth century. creasingly a constitutional state, became the framework also for the social inclusion of its From the First World War to the Second citizens. Citizenship was invented. Economic Post-War Period activity was placed on the fundament of freedom. And the promise of "equality of all be- The First World War activated the above po- fore the law" spread. Now it depended on tential in a twofold way. On the one hand, what someone could contribute and in what the crisis of tsarist Russia helped commu- form: property, capital or labour – or none of nism achieve a breakthrough there. On the these. There was new and appalling destitu- other, at least all the countries involved in tion. But the repeatedly proclaimed ideal of the war were forced to more or less alienate human equality also gave way to criticism of the market concept through state control the inequality of living conditions: as a "labour and distribution. The primacy of society and issue" and as a "poverty issue". This horizon of the market ceased to be a matter of course. criticism received an epithet: "social". The "Social Question" demanded solutions. The After the end of the war, Europe remained af- state responded in two directions: to the "pov- flicted with political and economic unrest. erty issue" with poor relief, and to the "labour From the most diverse of political corners, issue" with preliminary steps towards protec- social benefits were expanded and unequal tive legislation and the "invention" of social relational structures were subject to social ad- insurance. Above and beyond that, circum- justments; on no less a scale, politics also stances changed through the immense pro- took hold of the economy. The question of the gress of civilisation. Such progress brought in "right" economic order remained open. De- its wake manifold general improvements to velopments in the Soviet Union were a deter- living conditions, thus also benefiting the rent example, as was the socialist temptation. poor. Law played a big part in all of this. From 1939, a wartime economy once again

50 I. FOREIGN AND INTERNATIONAL SOCIAL LAW spread out over Europe, har- ried by a regime of ruthless exploitation of the German- occupied countries.

After the Second World War, Europe was split up: into the Soviet-dominated East and the "free" West. The "East" was ruled by "socialist" one- party regimes on the basis of centrally planned economies. The "West", too, was guided by the conviction that the world now had to be- Ludwig Erhard, German Federal Minister of Economics from come "more social" than it 1949 to 1963 speaks on the topic of "Social Market Economy was before the war. The crea- or Controlled Economy?" Announcement of his speech dating tion of new social benefit sys- from 1949. tems was one of the most frequently chosen routes. A more difficult lution of 1917 had shattered the naive im- task was to achieve the proper relationship plicitness with which 19th-century European between the autonomy of society and the states and societies had encountered market market economy, on the one hand, and the economy, subsequent experiments had envisaged social objectives, on the other. Gov- sought to use political instruments to steer ernment control and management remained economic processes in the direction of po- widespread approaches taken to that end, al- litical – and not least "social" – goals. This though a shortage of goods was then apt to enmeshment clung to all lines of thought. jeopardise "social" success. In particular, however, many feared the capitalist concen- It was a comparatively small circle of person- tration of economic power, while at the same ages who had started to meet in 1938, in di- time seeking ways to give the labour factor verse contexts and configurations, to reflect more economic sway. Nationalisation and soon alternatives to the prevailing political sys- cialisation became the central instruments tem – including reflection on the institutions here. All in all, however, the uncertainty that of a future economic policy. As a rule, they had prevailed during the interwar period re- met in Freiburg, thus coining names like turned. "Freiburger Kreis" and "Freiburger Kreise". They maintained contacts with other groups The Birth of the "Social Market Economy" of the resistance. So they were persecuted along with that resistance; some were arrest- That was the experiential world facing the ed, some executed. Most of them came from English and French occupying powers as academia, and quite a few from the economic they set out to prepare a currency reform in sciences. A common denominator many of West Germany in the summer of 1948. Only them considered essential was their sense of the American forces were thereby free of any Christian responsibility. Resistance to Na- planned-economy or socialist temptations. tional Socialist rule was largely an additional The thoughts of the West German public service on behalf of individuals, the German and its politicians likewise went in the direc- people, and also their victims, a service ren- tion of a "Western" Europe. In any event, dered by elite personages, that is to say so- economic management techniques appeared cial, bureaucratic, military, church, academic indispensable. The shortage of goods was be- elites and, in any case, moral elites. As for the coming ever more dramatic in the absence of concept of "social market economy", it was market-based supply incentives. Despite decisively shaped by scholars – scholars who that, the venture of giving societal forces amidst this political dark age of violence and room to develop in a market economy re- injustice put their liberty and life at stake to mained alien to the era. Ever since the First sow the seeds of reason in the soil of the fu- World War economy and the Russian Revo- ture. What a precious heritage!

51 Report 2010 – 2011

The Freiburg School was the cradle of resolve in opting for market economy. Its circles knew that Europe could not and must not go back behind the Rubicon which the 19th century had crossed, demanding human equality and a critical assessment of unequal living conditions, along with the necessary – that is, social – measures to limit such inequality. The primary medium to that end nonetheless had to be the market and competition because only they could transform the greatest benefit for individuals into the greatest benefit for the general public. Be- hind that was also a motive of constitutional policy: Politics were to order the economy but not distribute the goods. Ludwig Erhard and his book "Wohlstand für Alle" [Wealth for All], published in 1957. The further details were only marginally clari- fied. That gave defining power to the political To be sure, all notions the fathers of the "so- reality which the "Bizone/Trizone Administra- cial market economy" may have had were tion" (as a government of sorts initially com- transcended by the development of the "so- prising the British and American zones, later cial" element. The network of social benefits also the French zone) placed in the hands of grew ceaselessly in all directions – initially, to the West German economy under the leader- compensate mainly for the consequences of ship of its Director of Economics, Ludwig the war and its aftermaths, but soon thereaf- Erhard. Immediately after the currency re- ter, to do justice to the development of civi- form, most of the price controls for consumer lised standards – and was based on entitle- goods were lifted, followed by further decon- ment, protected groups of persons, content trols in the ensuing years. Correspondingly, matter, and not least of all, on absolute and restrictions on wages were likewise removed relative financing volumes. Labour relations, in the autumn of 1948, which soon led to the too, were developed extensively. adoption of a Collective Agreement Act. An independent central bank (the "Bank Success, Acceptance and Doubt Deutscher Länder", later the "Bundesbank") had already been instituted by the occupation The "social market economy" triggered an forces prior to the currency reform. It never- initial wave of approval immediately after the theless took quite a while longer to incorpo- currency reform. The market-based activa- rate the core piece of the "social market econ- tion of societal potential had brought an un- omy": a strict competition law. Resistance to believably swift end to the previous agony of it was great. Not until 1957 was the Act short goods. Prices and wages, on the other against Restraints on Competition adopted. It hand, had yet to find their proper ratio, just later came to include other practices, which as the labour market had yet to adjust to the nevertheless failed to find any comparable ba- new circumstances. From 1951 onwards, sic expression. In particular, the public sec- economic conditions stabilised on a high tor's own economic activities were succes- level. Growth and full employment instilled sively scaled back. The legislator declared the a sense of basic trust, which – justifiably so "market-based order" the prerequisite for its – has had a lingering effect until today. political goal of achieving "price stability, a high rate of employment and a stable balance Since the mid-seventies, developments have of trade, accompanied by steady and appro- remained volatile. In both economic and "so- priate growth" (1963: Act on the German cial" terms, phases of prosperity and decline Council of Economic Experts; 1967: Stability have alternated with each other. The premis- and Growth Act). "Overall control" was to be- es of "social market economy" have changed come the main criterion for the admissibility time and again. But what is also true: While of economic policy intervention, thus making people increasingly take the benefactions of public finance the most important medium. "social market economy" for granted, its

52 I. FOREIGN AND INTERNATIONAL SOCIAL LAW shortcomings always attract renewed atten- bound up with the community and its socie- tion. Moreover: The longer people experi- ty. That created singular opportunities for ence the "social" element, the more it chang- optimising cooperation. These interactions es their behaviour in a manner that impairs have dissolved – geographically, through Eu- the functioning of the market, or the func- ropeanisation and globalisation; and functioning of the "social" element, or even the tionally, through such phenomena as the de- functioning of the entire system. Most im- tachment of management interests from the portantly, however: It is accepted that the fate of the enterprise, and the severance of market functions best if it is well-ordered and finance from the real economy. Many other if politics do not disrupt the implementation things have changed along similar lines. One of this order through selective interventions; need only think of growing indebtedness – conversely, if social policy is a priori a politi- far too many debtors vis-à-vis far too many cal construct, why should it not bring about creditors (many but not all). all the luck the market fails to provide? Nevertheless, the "social market economy" Germany and Europe refers to a delimited society. It requires some degree of coherence and homogeneity in its These disappointments on the inside are living conditions – for how can it still succeed contrasted with hopes directed at the "social in circumstances of dissolving close rela- market economy" from the outside. The tions? Are we even aware of what has changed states of "free" Western Europe have in- in the hidden requirements of a "social mar- creasingly taken the course West Germany ket economy" when banks and their agents embarked upon in 1948. The supranational unload their losses on the taxpayer? And are European Community, even back when it we aware of what has changed in the hidden was founded as the European Economic requirements of a "social market economy" Community (1958), has always seen the when politicians burden our grandchildren market as the essential medium, especially and great-grandchildren with the deeds for for social progress. And it has committed its which they were elected in their own time? member states to a market-based and competitive order consistent with the concept of The Challenge "social market economy". The Germans like to grumble about their All that gained new significance with the col- "social market economy" – wrongly, but also lapse of the socialist systems in Eastern Eu- rightly so. Too many radical changes have not rope. German reunification was implement- been tackled. Perhaps one must revert to ed under the precursor Treaty on Currency, such an elementary solution as the one Economic and Social Union, based explicitly found in 1948. on the common denominator of "social market economy". But also the other states within the former Soviet sphere of influence pur- 5.2. The Marketing of Naming Rights sued that ideal. And many of them, to Sports Facilities in National and meanwhile members of the European Un- International Law ion, have accepted the requirements set out Ulrich Becker in the Treaty on European Union, which has been speaking of a "social market economy" Since a team of the first division of the Ger- since the Maastricht Treaty. man Bundesliga, the Hamburg sports club HSV, in 2001 for the first time conferred the The World naming rights to its stadium to a business company, the commercialisation of naming Indeed, the market economy is no longer rights to German sports facilities has rapidly what it was in the early stages of "social mar- developed. According to Reinhard Zimmer- ket economy". For a long time, it was an mann, director at the Max Planck Institute economy of entrepreneurs whose success in for Foreign and International Private Law, life was interwoven with the success of their the marketing of sports facilities had very enterprises, and it was an economy of enter- probably not reached its peak in Europe yet. prises whose existence and success was In order to examine in more detail the legal

53 Report 2010 – 2011

and economic backgrounds of this compara- However, as Zimmermann and Becker view tively recent form of marketing in Germany, it, this simple-sounding mutual "deal" in- Zimmermann and Ulrich Becker invited legal volves a series of legal questions. Who owns practitioners, sports experts and business the rights to the name of a sports facility? people to Hamburg to attend the 7th sports Who has the right to commercialise naming law symposium of the Forum on Internation- rights? Who must, if applicable, give consent al Sports Law on "The Marketing of Naming to agreements made in this field? And finally: Rights to Sports Facilities in National and What will the contracting parties have to International Law". bear in mind in order to avert disputes at a later stage? The (mostly temporary) bestowing of naming rights opens up an additional source of fi- In his presentation, Hamburg attorney Mirko nance to the proprietor or operator of a sta- Wittneben reported on the legal framework dium. For sponsors, the use of naming rights conditions regarding contracts in this field, may be a promising instrument within their stating that they typically also included an communication and marketing activities. agreement regarding support granted to the Maria Walsh, representative of a sports mar- sponsor by the name owner during the new keting agency explained that payments ef- name launch for the stadium. After all, the fected for the funding of sports facilities media could not be obliged to actually use the were a cost-effective alternative to payments new name, which is why cooperative support made for TV commercial slots during prime on the part of the contractual partners was of time. Such advertising contracts were of fundamental significance. It must also be great economic significance in the global kept in mind that the right of the sponsor to market. In 2009 alone, approximately ten advertisement presence during football billion US dollars had been estimated to matches in the Champions or Europa League, have flown into sports clubs or into the the FIFA World Cup or the Olympic Games hands of operators or proprietors of sports may be subject to advertising restrictions. As facilities from industrial sponsors, with 75 a rule, naming rights contracts are limited to a per cent invested in the United States, the period of five to 15 years. In principle, such country of origin of this form of marketing. contracts provide for the right to terminate a Against payment of millions of dollars, often contract for cause. In order to do so, the con- in the three-digit range, sponsors are entitled tract must state reasonable grounds for a ter- to use the name of a sports facility for adver- mination, e.g. the opening of insolvency pro- tising purposes and may install their corpo- ceedings regarding company assets, or other rate logo within stadium range and/or print it activities of a party or incidences related to on tickets, brochures and merchandising the former that may damage the image of the products issued by the sports club. sponsor or the sports club.

Bernd Röttgermann (managing director of Vfl Wolfsburg-Fußball GmbH), Bernd Hoffmann (chairman of the board of Hamburger Sport-Verein e.V.) and Maria Walsh (International Sales Director, SPORT+MARKT).

54 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

Dr. Mirko Wittneben (attorney, Hamburg), Prof. Dr. Ulrich Becker and Prof. Dr. Dr. h.c. mult. Reinhard Zimmermann (Max Planck Institute for Comparative and International Private Law, Hamburg).

Business manager of FC St. Pauli, Michael FC, for instance, taken over by Abu Dhabi Meeske, described how in Germany stadium United Group in 2008, had already started name changes often met with resistance from cooperative agreements to market the nam- fans in cases where the sports facilities in ing rights to diverse facilities associated with question were particularly rich in tradition. In the Group to sponsors from Abu Dhabi. 2007, for instance, the marketing of naming rights to the Millerntor Stadium was prohib- ited by FC Pauli's General Meeting. In this 5.3. Doping Control Systems and the case, the risk of identity loss apparently out- Personal Freedom of Athletes weighed the prospect of obtaining additional Katharina Liebe revenues. By contrast, the home ground of Hamburg SV has already changed names The 8th sports law symposium of the Forum three times within a period of 10 years. on International Sports Law was held on 12 December 2011. The topic chosen for this Germany leads the way as regards the num- symposium was termed "Doping Control ber of contracts and amount of revenues in- Systems and the Personal Freedom of Ath- volved, followed by Great Britain, Spain and letes" and was organised by the MPI for the Netherlands. It is the Munich Allianz Comparative and International Private Law Arena and the London Emirates Stadium in Hamburg and the MPI for Social Law and that are in the European lead with annual Social Policy. revenues in the amount of approximately 6 million Euros each. Simon Cliff, general Over the past two years several athletes have counsel of Manchester City Football Club attracted attention through protest actions, explained that in principle, the marketing of disapproving of the more stringent "where- naming rights to sports facilities did not play abouts requirements", a measure introduced as great a role in Great Britain as it might for professional sportspersons to combat seem at first in light of this ranking. Howev- doping in sports. These obligations are based er, this resulted less from an oppositional on the revised World Anti-Doping Code of stance to the generally advancing commer- 2009 of the World Anti-Doping Agency (WA- cialisation of football than from the greater DA). According to the implementation rules amount of financial resources available to of the code, athletes from various sports have football clubs in the Premier League, i.e. fi- to state their whereabouts three months in nancial means which German clubs did not advance and specify a 60-minute time slot have at their disposal. Yet, also British foot- per day to allow for potential anti-doping ball clubs were aware of and interested in controls. In Germany, these rules became le- the economic potential of marketing naming gally binding with the implementation of the rights to sports facilities. Manchester City WADA-Code through the code of the Na-

55 Report 2010 – 2011

tional Anti-Doping Agency (NADA) and its Due to the monopolistic structures of the implementation rules. The main focus of the sports associations, the "option" of voluntary legal discussion is especially on the question compliance is partly nonexistent, with ath- as to what extent these regulations unjustifi- letes not being given any room for decisions ably encroach upon the individual freedom regarding the conditions of their participa- of athletes. tion. This is, however, countered with the argument that the athletes, by declaring The introductory presentation of Reinhard their consent to the anti-doping regulations Zimmermann, managing director of the MPI – which apply to all kinds of professional for Comparative and International Private sport – implicitly also accept the underlying Law, was followed by a keynote address giv- obligation to state their whereabouts. en by Martin Nolte, holder of the chair of Nolte suggested that the concept of "volun- sports law at the German Sport University tary" should be interpreted in a way that al- Cologne, dealing with the legal problems of lows for weighing up, in each individual doping control systems. Nolte first stressed case, the interests and rights of the athletes the need to make the anti-doping rules of the on the one hand against those of the associa- National Anti-Doping Code (NADC) com- tions on the other hand. Hence, the "60‑min- pulsory, as well as ad-hoc controls in particu- ute time slot" regulation was a major require- lar without neglecting the requirements re- ment. Yet, one had to keep in mind that it sulting from the right to informational self was only a question of one hour per day and determination and from the German Federal that a violation of the anti-doping rules only Data Protection Act (Bundesdatenschutzge- occurred after three incidents of non-com- setz, BDSG). According to the NADC provi- pliance with the obligation to state one's sions, three subsequent failures within a whereabouts. Furthermore, the athletes time period of 18 months to comply with the would always be given the opportunity to ex- requirement to report one's current wherea- plain their failure to report in order to pre- bouts come level with a violation of the anti- vent the incident from being counted. An doping rules; in these cases, individual ath- aspect in favour of the present form of ad- letes are banned from sports events for one hoc controls was also their high effective- year. In the absence of deviating legislative ness. After all, anti-doping legislation had to provisions, data acquisition in this respect be considered as a sports law in its own right, implies the consent of the athletes. The ad- and this was also the reason why state courts missibility of national data treatment follows clearly refrained from taking their own judi- from Section 4 (1) of the German Federal cial decisions. In the final analysis, the vol- Data Protection Act (BDSG), whereas inter- untary nature of the consent was to be ap- national data exchange refers to Section 4b proved of, making current national data (2) and Section 4c (1) BDSG. procedures admissible.

"The anti-doping regulations are generally accepted by the sporting community", says Silke Kassner (whitewater canoeist and athletes' representative with the German Olympic Sports Confederation).

56 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

By contrast, the forwarding of obligatory data on the part of athletes with the obligation to provided by the athlete to ADAMS, i.e. the state their whereabouts. The selection of Canadian server operated by WADA, was cases illustrated for one thing how quickly a problematic and not compatible with the failure can occur and, for another thing, that German BDSG. According to Section 4b (2) NADA sometimes takes different decisions BDSG, transmitting personal data to foreign in very similar cases. Thiel also recommend- agencies was not permissible if a certain level ed the creation of an anti-doping law, as the of data protection could not be guaranteed. present "whereabouts requirements" were And it was especially this level of data protec- disputable with regard to Articles 2 and 12 of tion which could not be taken for granted the Basic Law. Katharina Liebe with the mentioned Canadian data protection programme. Even an exception based on Sec- Silke Kassner, athletes' representative with tion 4c (1) BDSG, according to which for- the German Olympic Sports Confederation warding data to a foreign country in case of an (Deutscher Olympischer Sportbund, DOSB) athlete's consent or of major public interest and whitewater canoeist, considered an ap- could be justified, might give rise to doubts. proval on the part of the athletes voluntary only if they knew what they were consenting Christoph Becker, sports editor with Frank- to. Many sportsmen and sportswomen were, furter Allgemeine Zeitung/FAZ.NET, started however, not aware of the complexity of regu- his comment with the ethical question as to lations – a deficit that would have to be rem- what kind of sport our society really wanted. edied by providing more information. Kassner Furthermore, he pointed out that when explained how difficult it was for her to state weighing the interests and rights, as suggest- her exact location for out-of-competition tests ed by Nolte, one also had to take into account and for doping control officers to meet her, as that the out-of-competition tests aimed at by her training radius could include several kilo- the obligation to state one's whereabouts metres. This showed how easy it was to unin- were much less effective than in-competition tentionally infringe against the obligation to tests: While only one out of 600 out-of-com- report one's whereabouts. petition tests was positive, the rate with in- According to Kassner, the anti-doping regula- competition tests was 1 to 60. tions were nevertheless generally accepted by the sporting community. However, there was Johannes Caspar, the Hamburg representative discontent about having to state one's wherea- for data protection, made clear that any imple- bouts where this obligation interfered with the mentation of control procedures would have athlete's lifestyle and the general right of per- to be compatible with German Basic Law. The sonality. In the framework of her activities present procedure created a profile of the ath- with the DOSB, Kassner was intensely work- letes' "movements within their social environ- ing to communicate to the athletes that they ment", which was comparable with criminal would have to make their criticism known to investigation. Moreover, Caspar also pre- the public. sumed that a voluntary consent on the part of the athletes pursuant to Section 4 (1) BDSG During the subsequent discussion chaired by did generally not exist due to the monopolistic Ulrich Becker, several members of the audi- status of the sports associations. No justifica- ence called for the creation of an anti-doping tion for the collection and transmission of da- law. Lars Mortsiefer, member of the board of ta could therefore be found by interpreting the NADA, reminded that a lot of things had im- term "voluntary consent", but only by referring proved since the NADC version of 2007, to Section 4a (1) BDSG, i.e. by enacting a le- which regulated data protection in Article 14 gal order. That is why Caspar advocated the (6) only. NADA was also aware that the pro- adoption of an anti-doping regulation on the tection of athletes' data had utmost priority. part of the legislator which would, of course, The athletes might otherwise lose confidence have to be in line with the principle of propor- in the doping control systems, and, conse- tionality in terms of substantive law. quently, the whole system might cease to function. Martin Nolte underlined once more that Andreas Thiel, legal advisor of Handball-Bun- the entire sports business must take the prob- desliga GmbH and former handball player, lem of doping seriously, as sport would other- presented three examples of non-compliance wise lose its image in the eyes of the public.

57 Report 2010 – 2011

6. Promotion of Junior The doctoral group was able to present first findings of its cooperation in a joint publica- Researchers tion together with Ulrich Becker (Becker, Meeßen, Neueder, Schön, Schlegelmilch, Doctoral Group: "The Triangular Benefit Vilaclara: Strukturen und Prinzipien der Delivery Relationship in Social Law" Leistungserbringung im Sozialrecht, part 1 (VSSR), Vol. 29 (2011), No. 5, pp. 323-359; In general, the state or, respectively, the parts 2 and 3 will be published in 2012). For public funding agencies do not deliver social one thing, as the essence of a fundamental Iris Meeßen services or benefits in kind themselves. review of German service provision law, the Rather, third parties are entrusted with structures provided by the law will be out- these tasks, acting as service providers vis-à- lined (involvement of service providers, qual- vis the individual beneficiary. The organisa- ity assurance and financing). For another tion and governance of service provision thing, legal principles can be identified within this multiple benefit delivery rela- which govern service provision law as a re- tionship constitute the research subject of sult of overriding normative requirements the doctoral group. (security, efficiency, transparency, cooperation and individualisation). These structures Law as the essential governing instrument of and principles elaborated for German law service provision must answer the questions can also be found in the legal systems of the which ensue from this particular feature of other countries in question. The regular state responsibility, and which have required meetings held by the doctoral group since its solutions on the part of social law well before foundation as well as one workshop in De- the model of the enabling state was born. cember 2009, attended also by Stephan Rix- The provision of social benefits and services en (University of Bayreuth) and Thorsten requires both the involvement of suitable Kingreen (University of Regensburg), were service providers and, particularly, quality conducive to the publication. Currently, the control and price regulation. If required, ser- members of the doctoral group are complet- vice provision and an appropriate, efficient ing their dissertations. infrastructure must be arranged for in the first place. 6.1. Further Education as Social Law – In their dissertation projects, the members Normative Framework and Social Benefit of the doctoral group founded in October Structures in the Provision of Further 2007, Iris Meeßen, Magdalena Neueder, Education Programmes in Sweden and Michael Schlegelmilch, Markus Schön and Germany Ilona Vilaclara focus on the different aspects Iris Meeßen of service provision in the various social services. All dissertations start out from a com- In politics, the importance of being able to parative legal approach. In addition to inves- boast a good education has been repeatedly tigating into German law, the range of emphasised, and scholars of the social sci- findings on the benefit delivery relationship ences and law have prognosticated that the shall be broadened by looking into the legal law governing education, too, will develop systems of Sweden (Meeßen), Switzerland further. Little attention has hitherto been (Neueder), Spain (Schlegelmilch), Austria dedicated to further education. Its increas- (Schön) and France (Vilaclara). ing significance is justified in the light of technological, economic, demographic and The aim of the doctoral group is to combine socio-cultural developments that exact life- the individual perspectives and acquire over- long learning from employees and workers. arching findings regarding social service provision through third parties. For the sake of Gainful activity is a precondition for partici- German service provision law alone, with the pation in economic life and a criterion rele- density of regulations and the level of juris- vant for many regulations pertaining to social prudential pervasion varying according to the law. Continuing vocational training thus con- social service sector, there is need for re- tributes to a special degree to the establish- search in this regard. ment of equal opportunities for all. The de-

58 I. FOREIGN AND INTERNATIONAL SOCIAL LAW liberate promotion of further education for the promotion of employment and fur- programmes by means of benefits in kind ther education within the wider framework and cash benefits granted by the state makes of educational policy. Fact is that Swedish sense in cases where a structural or individu- law is characterised by a different legal cul- al deficit is to be compensated in order to ture, meaning that the degree of regulation is guarantee equal opportunities. A deficit on lower than in Germany. The retention of the part of the benefit recipient exists if the norms must therefore also be seen as a steer- latter is, either due to current or imminent ing tool; a comprehensive legal superimposi- unemployment, or due to lack of financial tion as is common in Germany is not manda- Magdalena Neueder means and/or personal interest, in a specific tory. However, unlike in Germany, in Sweden situation of need that might be alleviated it is not the participant but the employment through further education in the form of vo- agency involved in promoting employment cational training measures. that is charged with the potential risk of choosing an ineffectual education measure The promoted further education programmes or with the problem that the participant in this context are largely provided by third might lack the ability to make a choice. parties, much like many other social servic- Clearly, greater emphasis is in this case es. For this purpose, an actual framework placed on social law aspects. Moreover, Swe- and certain legal structures are essential, and den has much more intensively than Ger- these are often competitive structures, given many incorporated its further education pro- the fact that the system of further education grammes in an overall education system, has evolved historically. It is not necessarily meaning that the number of legal references so that the educational measure granted by between the two areas of competence is means of a specific service is received by the much greater. participant to the extent intended. The study focuses on the way the state ensures the proper delivery of measures in line with their 6.2. Occupational Participation of Persons purpose if provided by third parties. with Disabilities in Germany and in Switzerland – A Contribution to the Such constellations effectively result in a tri- Doctrinal Understanding Regarding the angular benefit delivery relationship, with Provision of Social Benefits by Third three (main) actors being involved in the re- Parties spective measure. The promotion of further Magdalena Neueder education programmes by means of benefits in kind and cash benefits in the context of in- The dissertation is to contribute to the un- dividual and third party promotion is illustrat- derstanding of the legal system in regard to ed in a uniform benefit delivery relationship German service provision law. For one thing, model, since all these benefits relate to their it reviews the largely untapped field of ser- common objective of promoting further edu- vice provision in German Social Code Book cation programmes in terms of social law. In IX (SGB IX) by putting it into the context of order to fulfil this objective, the various legal general issues regarding the involvement of instruments must also and always be geared third parties in the provision of social bene- at this socio-legal purpose in the execution of fits, thus describing this field in a compre- the benefit delivery. To determine whether hensive and systematic way. For another this is the case, the two legal systems shall be thing, it explores the particularities of service compared. It is the normative framework of provision for persons with disabilities with a further education programmes at the interna- view to the right to self-determination and tional and the respective national level on the the plurality of benefits systems. Beyond this one hand, and the elaboration of steering in- independent aim of providing a systematisa- struments and forms of action in the context tion, i.e. of identifying principles and institu- of political steering on the other that shall be tions in specific legal matters that can be used as a common analytical framework. distinguished especially in terms of their objectives, the dissertation seeks to draw con- Taking thus an overall look at the regulatory clusions within the meaning of legal doctrine instruments, both countries divide their ex- for the delivery of benefits under social law ecutive competencies into further education in Social Code Book IX.

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Reflections on the judicial system are pro- efits law in German Social Code Book IX by moted by comparative studies, and thus the comparing the principles of rehabilitation law matter is approached within the framework to those of service provision through third of comparative law. Different legal regula- parties, as well as by elaborating the conflict- tions reacting to the same task posed by the ing principles and seeking to find a solution realities of life are compared, and the princi- for them. In addition to that the principles ples that are to be filtered out in this regard pointed out will be subjected to legal com- are utilised as auxiliaries for the systematisa- parison. The findings obtained shall contrib- tion and organisation of the German legal ute to the doctrinal understanding of the so- Michael Schlegelmilch system. In this process, the functionally cial benefits law of Social Code Book IX. comparable legal norms are identified by way of putting them into relation with the social circumstances, i.e. the lack of integration 6.3. State Pricing for Reimbursable into the labour market or the impending loss Pharmaceuticals and Legal Limits – A of a job on the one hand, and disability on Comparison of the Legal Situation in the other. Thus, first, state measures are ex- Germany and Spain amined regarding the occupational participa- Michael Schlegelmilch tion of persons with disabilities and their disability-specific requirements. This issue The regulations regarding remuneration for is linked to the question concerning the in- services rendered are one of the core instru- volvement of a third party in the provision of ments of the state or, respectively, the funding social services for the occupational participa- institutions to control service provision. The tion of persons with disabilities. In this re- remuneration systems created by these regu- gard, an analysis is made of the question as lations should be designed in a way to offer to how the law copes with tasks created by service providers incentives to render needs- facilitating the involvement of third parties based and economically efficient benefits and in the fulfilment of public tasks. The next services. But also a regulated remuneration step discusses the actual service provision in for benefits and services with prices not being regard to the occupational participation of determined by supply and demand but by persons with disabilities. state regulation does not always produce best results, as expenditure development in the Switzerland serves as an appropriate country area of public health care shows. Especially for comparison in this context. On the one pharmaceuticals have for years been consid- hand, due to the common roots in adminis- ered to be one of the cost drivers in German trative law, similar organisational principles statutory health insurance, with the structure concerning the involvement of third parties of the drug portfolio and the prices related can be easily identified, and on the other thereto being one of the main reasons for the hand it can be assumed that the differences disproportionate additional costs. Due to this that are to be expected will yield findings rel- development, which is not limited to Germa- evant for German principles pertaining to ny, national legislators and social benefit insti- service provision law. Moreover, since the tutions have been attempting to cut costs inclusion of an anti-discrimination norm in through various price regulation measures the Swiss Constitution and the commence- with respect to pharmaceuticals. ment of the Act on Equality for People with Disabilities (BehiG) in 2002, an increasingly The aim of the study is to systematically de- important role has also been played by issues scribe the pricing instruments used in the regarding disability policy. In view of the supply of pharmaceuticals through pharma- constantly rising expenses for disability pen- cies in the German statutory health insur- sions on the part of disability insurers, the ance and the Spanish health care system and focus is, above all, on occupational integra- to evaluate them from a legal point of view. tion and thus on the implementation of the Pricing on the basis of service provision law principle termed 'integration before pension' should be seen as the generic term for all le- [Eingliederung vor Rente]. gal instruments which serve to influence the invoicing amount and its components (rele- In a conclusion the dissertation discloses, by vant price percentages of the pharmaceutical way of analysis, the principles of social ben- entrepreneurs, wholesale traders and phar-

60 I. FOREIGN AND INTERNATIONAL SOCIAL LAW macists) paid to the pharmacies by the ser- benefit institutions to determine to which vice providers. Within the framework of the amount a certain pharmaceutical product is investigation the instruments shall be classi- going to be financed. At the same time, pric- fied according to the different price regula- ing regulation, which has so far rather been tion techniques and put in direct relation to subject to mandatory regulation, is being ex- the systematics of price regulation and the tended to include competitive elements. remuneration schemes for services rendered, Thus, efficiency reserves are to be exhausted which are part of the service provision law through discounts granted to the benefit in- structures elaborated by the doctoral group. stitutions by individual pharmaceutical en- At the same time, the legal limitations of trepreneurs. This complexity of service pro- pricing will be explored. The fundamental vision law in the context of drug supply, and rights held by the providers of social benefits especially the extent to which the interac- and services, as well as Community law, tions between the different actors and the shall serve as a benchmark in this respect. interdependencies with certain forms of private social security are concerned, makes The Spanish legal system is suited for a com- this branch of social security a worthwhile parison with German service provision law topic of social law research. not only because of its diverging approach in price regulation. For, in Spain, the manufac- turers' selling prices, on which price calcula- 6.4. Individual Cooperation for Young tion is based, are subject to mandatory regu- People – Service Provision Law in the lation and predefined for all recoverable Area of Child and Youth Services in pharmaceuticals as soon as the products are Germany and Austria authorised for marketing. It is also worth tak- Markus Schön ing a closer look at the special requirements that are to be imposed on the governance of Both Section 1 Para. 1 of the new Austrian the Spanish health care service operating at Federal Child and Youth Welfare Act regional state level. After analysing the prob- (B-KJHG 2010) and Section 1 Para. 1 of lem in the general part of the dissertation, German Social Code Book VIII grant chil- the legal situation in Germany and Spain will dren and young persons a right to be sup- be highlighted and compared. ported in their development and education in order to cultivate an independent and so- The classification of the different instru- cially competent personality. This is to be ments and subsequent comparative legal understood less in terms of an individual and analysis provide an overall picture of the pos- subjective legal position on the part of the sible ways of pricing regulation under service young individual, but rather as a central pro- provision law. Notable in this context is the grammatic proposal and objective of child fact that the social law-specific regulations and youth welfare in general. Both laws also regarding remuneration for services and ben- show strong similarities in the institutional efits rendered mainly serve the financial sta- configuration regarding the provision of bility of the social benefits systems. Instru- youth welfare services. ments regulating the market price are, by contrast, aimed more at the maintenance of Neither Germany nor Austria regards the an extensive supply infrastructure. This find- participation of non-governmental service ing reflects a particularity of drug supply, as providers in the provision of child and youth the latter can also be covered by private welfare services as a new phenomenon. For health care (private health insurance, self- in both countries, the Church, welfare asso- paying patients) for which the state takes ciations and other civil society groups in the responsibility, too, by regulating certain 18th and 19th century increasingly began to framework conditions. It has to be noted that attend to the "neglected youth" – the latter across the different legal systems, proce- issue also forming part of the social question dures for defining individual, substantive cri- of the 19th century. This means that youth teria for pricing calculation based especially welfare services had been provided long be- on pharmaco-economic assessment are in- fore they were assigned to municipalities and creasingly used in the area of reimbursement other public entities on a statutory basis at regulation which, after all, enable the social the beginning of the 20th century.

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What is relatively new is the fact that, since Doctorates the 1990s, both countries have also authorised the provision of services through pri- Supervision: vate-sector providers. It is particularly in the Ulrich BECKER field of child daycare that private providers have become more prominent, with the op- 2010: Dongmei LIU: "Soziale eration of daycare facilities having evolved Sicherheit in der V. R. China", into a competitive market in recent years. Ludwig Maximilian University, This is due, inter alia, to the fact that espe- Munich. cially in Germany the expansion of child daycare facilities, initiated at federal level 2010: Quirin VERGHO: "Soziale and executed at Länder level, has recently Sicherheit in Portugal und ihre been advanced considerably. Some federal verfassungsrechtlichen Grundlagen", states (Länder), e.g. Bavaria, also resort to Ludwig Maximilian University, commercial providers in this context, grant- Munich. ing them the same financial subsidies for the construction and operation of the re- 2011: Nikola FRIEDRICH: spective facilities that are granted to non- "Mediation in der Sozialgerichtsbar commercial providers traditionally involved keit", Ludwig Maximilian University, in this field of work. In other federal states, Munich. however, the latter still enjoy certain financing privileges due to their tax law oriented 2011: Viktória FÜLÖP: "Der non-profit status (Sections 52 et seq. AO). Einfluss des Verfassungsrechts und In this context, the Adminstrative Court of des internationalen Rechts auf die Aachen has declared the exclusion of private Ausgestaltung der sozialen Sicherheit commercial child daycare providers from in Ungarn", Ludwig Maximilian financial subsidy, as defined in the "Early University, Munich. Childhood Education Act" [Kinderbildungs gesetz] of North Rhine-Westphalia, to be in- 2011: Martin LANDAUER: compatible with the principle of equality "Die staatliche Verantwortung für enshrined in the German Basic Law, and die stationäre Langzeitpflege in will thus bring the matter before the Consti- England und Deutschland – eine tutional Court in accordance with Art. 100 rechtsvergleichende Analyse von of the Basic Law. Steuerungsinstrumenten im Gewährs leistungsstaat", Ludwig Maximilian A certain dualism in the provision of youth University, Munich. welfare services has arisen from this dynamic legal tension between non-profit and pri- 2011: Janire MIMENTZA: "Die vate commercial service providers under sozialrechtliche Stellung von Aus- child and youth welfare law, thus enforcing ländern mit unrechtmäßigem Auf greater competition. For this reason the pro- enthaltsstatus – Deutschland und visions set by European commercial and Spanien im Vergleich", Ludwig competition law must be observed. Maximilian University, Munich. Since in Austria, too, commercial providers play a role in the child and youth welfare Professorships market – if to a lesser extent – the dissertation is to provide a legal comparison focusing 2011: Dr. Yasemin KÖRTEK on the procurement and provision relation- accepted a professorship of law ship between the public entity and the non- (with focus on social law) at Mann profit or, respectively, commercial service heim University of Applied Labour provider(s), with special consideration given Studies of the German Federal to contracting and financing. In this context, Employment Agency (HdBA). the sensitive legal situation governing the outlined dualism between non-profit and commercial providers shall be scrutinised for

62 I. FOREIGN AND INTERNATIONAL SOCIAL LAW explanations as to how existent inequalities Euros in France. As a result of an aging soci- may be justified. For this purpose, the nor- ety and of technical progress, expenditures mative guidelines of both Austrian and Ger- are steadily increasing, while financial re- man national constitutional law, as well as of sources remain limited; it is thus essential to European commercial and competition law, prevent cost explosion through governmental shall be taken into account. It has been rea- regulation. Yet, the measures taken in Ger- soned, for instance, that financial advantages many and France in this respect vary to a granted to non-profit actors are an invest- great extent. ment adding greater value to the common good – at least this is what a public entity In 2007, the Act to Strengthen Competition Ilona Vilaclara anticipates in contracting these actors. in Statutory Health Insurance (GKV-WSG) brought about a major change in the system The legal comparison may further reveal in- governing medical devices provision in Ger- teresting differences in the doctrines of the many in order to strengthen contract compe- general administrative law of Germany and tition and price competition. The current ap- Austria. For even though child and youth proval procedure for service providers was welfare programmes in the two countries abolished and replaced by a contract-based show great similarities with regard to the ob- system. Sickness funds in Germany can now jectives and scope of services, as well as in call for tenders and conclude selective con- their institutional configuration of service tracts with the best bidders. As this sort of provision, their legal constitution is very dif- tendering procedure was a novelty in the ferent due to the entirely dissimilar evolution German health care system and was difficult of general administrative law in each coun- to apply, new amendments were adopted two try. While in Germany allocation is generally years later through the Act on the Further based on the content and subject of the re- Development of Organisational Structures in spective legal relationship, Austria has insti- Statutory Health Insurance (GKV-OrgWG). tuted the so-called private sector administration which, on principle, assigns every The most recent changes in German Medi- (socio-)economic interaction between public cal Devices law were taken as an opportunity entities and private providers to private law, to describe the steering mechanisms intend- even if – as opposed to purely fiscal adminis- ed for ensuring the financial feasibility of the tration – publicly commissioned (social) ser- provision of medical devices in statutory vices are provided. Contracts under public health insurance, and to appraise them by law have up to date not been subjected to way of a comparative law analysis on the ba- any positive-legal standardisation in Austrian sis of general legal principles. Contrary to general administrative law, a fact attributable the competitively organised and decentral- also to the highly formalistic instrument of ised selective German system, the French legal protection against administrative ac- health insurance system is characterised by tion. Even though, at first glance, there ap- centralised, sovereign and integrative regula- pear to be great similarities between the two tions and is suited for a legal comparison. In countries, the differences concerning the France, the reimbursement tariffs for medi- details of legal doctrine starkly stand out. cal devices are included in an official list of refundable medical products and services or, in the case of innovative products, are nego- 6.5. Price Control Mechanisms in the tiated between a central, ministerial commit- Provision of Medical Devices – A Com- tee, i.e. the Healthcare Products Pricing parison of Laws in Germany and France Committee (Comité Economique des Pro- Ilona Vilaclara duits de Santé, CEPS), and the manufacturer or trader of a product, and are subsequently Medical devices represent a relatively small fixed by ministerial order. However, also the part of the services covered by statutory French system has been exposed to criti- health insurance. The share of the total ex- cism, as the recent report of the French penditure in Germany and France accounts State Audit Office on social security shows for about 3%. In absolute terms, however, (Rapport sur la sécurité sociale 2011) which this means an annual expenditure of nearly criticises the cost regulation system for its five billion Euros in Germany and 3.6 billion lack of transparency and efficiency.

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The comparison of these contrasting systems Young Researchers' Workshop, which was shall provide information on the question as part of the Annual Conference of the Euro- to which legal steering instruments are uti- pean Institute of Social Security dedicated to lised in order to influence the costs of the the topic of "Changing Social Security" and respective medical devices, and examine held in Ljubljana in September 2011. these instruments for compliance with the general legal principles. 6.6. Social Security and Long-Term Care Dependency in Germany and the Vera Hansen Doctoral Group: "Social Security and Netherlands – A Legal Comparison Long-Term Care Dependency" Vera Hansen

In July 2010, a new doctoral group was set up. Changes in demography and in traditional Its members Vera Hansen, Luise Lauerer, Car- gender role models, in family structures as los Schneider and Marko Urban have been well as in the labour market have caused a working on the subject of "Social Security and decline in the number of people available for Long-Term Care Dependency." The research the provision of long-term care to an ever- focus of this group is put on a specific social growing number of people dependent on the situation which is examined from a legal per- latter. Social protection against long-term spective. For this purpose, the doctoral candi- care dependency is therefore one of the dates have been dedicating their attention to greatest challenges that the social policies of the aspect of social security and long-term the EU member states must address today. care dependency in the context of chronic disease and disability (Hansen), to social security It has proven difficult, however, to dovetail for caregivers (Lauerer), to quality assurance the complex social situation regarding long- in home care (Urban) and to the coordination term care dependency with the traditional of social services for the provision of long-term social security systems, since the latter might care (Schneider). Three doctoral candidates not provide for the wide range of benefits and draw comparisons between Germany and one services required on a permanent basis in this other country respectively, namely the Neth- context. Long-term care dependency can be erlands (Hansen), Austria (Urban) and Spain insured against in terms of a social risk in its (Schneider); one study focusing on a more own right or as one aspect of disease or dis specific issue is aimed at a broadly conceived ability. The dissertation shall therefore, first legal comparison between Germany and sev- and foremost, give a better understanding of eral other countries (Lauerer). the emergence and scope of long-term care dependency as a social need, as well as of its The members of the doctoral group initiated relation to chronic disease and disability. their work in July 2010 during a retreat of sev- Since social needs of this sort always arise eral days on the island of Frauenchiemsee, from permanent physical, cognitive or psy- where the dissertation topics were deter- chological impairments, overlaps are com- mined. The doctoral candidates have since mon. The social situations of long-term care attended one to two meetings a month in or- dependency, chronic disease and disability der to discuss the progress of their research. often co-occur or merge, and are thus not al- The introductory meetings were used to dis- ways differentiable in practice. cuss the principles of social benefits law and the methodology of legal comparison. Regular The aim of this legal comparison is therefore follow-ups provided opportunity for the dis- to outline structural problems and potential cussion of questions related to the individual solutions with a view to social protection in dissertation topics, as well for the review of the event of long-term care dependency. For progress made. Common problems such as this purpose, it shall contrast one needs-ori- the practical implementation of the method- ented with one risk-oriented social security ology of legal comparison were also discussed. system. The comparison of the German and Dutch social security systems is particularly One doctoral candidate (Hansen) was invited interesting in view of their dissimilar origins to present her research questions and discuss and the vast conceptual differences. The them in plenary within the framework of the Netherlands have – apart from a social insur-

64 I. FOREIGN AND INTERNATIONAL SOCIAL LAW ance scheme providing coverage for acute guarantee those in need of assistance a de- diseases – since 1968 had a uniform social cent minimum standard of living as well as to insurance system that provides coverage for prevent unequal living conditions a wide exceptional medical expenses. This includes range of social services must be offered. The assistance with activities of daily living both particular difficulty regarding this social situ- in the event of long-term care dependency ation arises not primarily from the depend- and chronic disease or disability. Long-term ency as such but from the fact that the per- care dependency is thus covered as an aspect son in need is dependent on help provided of disease and includes any form of care re- through others over an extended period of quired. In addition, potential requirements time. Long-term care dependency in this Carlos Schneider for participation in society are met by means context becomes a "social" risk especially in of a tax-financed system at the municipal cases where those affected are not sufficient- level. By contrast, Germany has developed a ly insured against this risk, where assistance fragmented system with coverage provided cannot, or only to a very limited extent, be through health insurance (Social Code Book provided through family members or where V), long-term care insurance (Social Code such provision would aggravate the social Book XI) and entitlements to rehabilitation situation of the respective family caregiver. and to participation on behalf of persons with disabilities (coordinated through Social Code This problem has prompted a complex con- Book IX). Long-term care dependency has, figuration of services in line with social law since 1995, been insured against in terms of and with the social objectives pursued. This a social risk in its own right, i.e. separately raises a number of questions: How do the from the social risks of disease and disability. different benefits and services correlate? Is there some form of coordination or is the sys- The change in perspective gained by means of tem selected rather a convergence of differ- legal comparison facilitates a new critical look ent security systems? Who is in charge of at the divided structure of the German social establishing a coordination procedure and security system. While the Dutch system is why? What is the role of interested parties or organised according to specific needs, the of persons dependent on long-term care? German system differentiates between specific social risks. In the latter, the needs for The dissertation deals with the coordination long-term care, treatment or participation are of services that might be available to persons assessed separately according to the different dependent on long-term care, as well as with areas of social legislation, even though in prac- the provision of long-term care services in the tice these needs often co-occur in one patient. event of long-term illness and general provision through social assistance. The key focus This disparity of social security systems shall of the study is on the analysis of the way in also serve to provide further findings. These which the various public authorities fulfil the shall outline the reasons for which social se- objectives of the welfare state. In this context, curity systems are structured according to the administrations of the State, the regions either specific needs or social risks, thus and the local authorities shall be given par- showing the normative guidelines, the values ticular attention. Of special interest are those and the institutional framework conditions principles and instruments that are used as that initiate these conditions. interfaces between the central government, the regions and the municipalities in order to ensure local availability of services and bene- 6.7. Coordination of Social Services for fits. The provision of the different social ser- the Provision of Long-Term Care – A vices required by the condition of the long- Comparison of the Legal Situation in term care patient is linked to a variety of Germany and Spain factors relating to the social context and envi- Carlos Schneider ronment of the patient that must be observed. This might, for instance, include the statutory Long-term care dependency is often a result provisions regarding local long-term care fa- of chronic disease or disability, and persons cilities in Germany or the responsibility of the affected are usually dependent on both State and the regions to enable coordinated health care and social services. In order to and cooperatively provided services.

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Spain serves as a benchmark for comparison fessional care – preferred by most patients due to the likeness of its organisational struc- over other forms – also remains the most fre- ture with the German structure in that it also quently rendered form of long-term care. extends to three levels: the State, the regions and the local authorities. It is between these Everybody wants "good care". But what ex- three public administrative levels that com- actly is "good care"? And how can it be pro- petence issues may arise, thus necessitating vided despite limited financial means? Many some form of coordination. This is particu- of these questions are yet to be answered. larly true for health care services and social The focus of the project will therefore be on Marko Urban assistance, with the former being mainly pro- quality assurance in non-professional care vided by the State and the latter by the re- services, an aspect that is often neglected in gions. Since, as mentioned before, illness legal studies. Potential solution strategies and social background are frequently con- centring on quality assurance in non-profes- nected, long-term care services also require sional care shall be identified by means of coordination. Prior to the enactment of Law two comparisons: the first comparison is to No. 39/2006 on the Promotion of Personal assess quality assurance in professional and Autonomy and Care of Dependent Persons, non-professional care within Germany; the the Spanish government had already ad- second is to compare the legal situations in dressed the coordination issue in keeping Germany and Austria by taking under review with Art. 15 of Law No. 16/2003 on Cohe- the exact same conditions, i.e. long-term care sion and Quality in the National Health Sys- provision at home. tem. The so-called social and health care services are defined as one combined service The theoretical framework to be developed instead of two types of social services under in the general part of the study will be laid separate terms. However, this definition has out according to the concept of what is partly changed with the passage of Law known in economics as the quality cycle, as No. 39/2006. The consequences arising well as to findings obtained in the legal dis- thereof have opened up room for further in- cussion on governance. The objective of this vestigation. theoretical framework is to systematise the legal instruments used for quality assurance The aim of this legal comparison is to elabo- in Germany and Austria so as to facilitate the rate the elements governing institutional co- two aforementioned comparisons. ordination of long-term care services. The next task will be to analyse the entire Ger- man law on quality assurance in the context of 6.8. Quality Assurance in Home Care professional and non-professional home care in Germany and Austria by means of the framework developed in the Marko Urban general part of the study. Differences between professional and non-professional long-term Present demographic trends show a rise in care are to be expected in this context due to the number of persons dependent on long- the various ways in which home care can be term care and a decline in the number of provided. Professional long-term care is pro- those who may play a part in the financing of vided in the form of benefits-in-kind, with social security coverage against the risk of quality assurance being exercised essentially long-term care dependency. This necessarily within the legal relationship between the so- means that social security expenditures re- cial benefit institution and the respective ser- lated to long-term care will increase, while vice provider (care service). No equivalent of revenues will decrease. Long-term care ser- this legal relationship can (to date) be found vices provided at home have, due to their in non-professional care. Despite these struc- generally being more cost-effective, recently tural differences existing between profession- been gaining momentum also from a finan- al and non-professional care, possible solu- cial perspective; this is particularly true of tions applicable to quality assurance in the so-called non-professional (informal) non-professional care can be expected to be care provided primarily by partners, relatives obtained from the far more comprehensive or other persons close to the person depend- and more differentiated instruments used for ent on long-term care. In Germany, non-pro- quality assurance in professional care.

66 I. FOREIGN AND INTERNATIONAL SOCIAL LAW

The legal comparison will start with an ex- both countries are facing similar challenges amination of the Austrian legal system with and since German social insurance had been regard to provisions pertaining to quality as- taken as a model for the establishment of the surance in home care; relevant norms shall Korean social insurance system. be systematised with the aid of the framework elaborated in the general part. A sys- First, the investigation seeks to find out to tematisation of this sort is feasible due to the what extent current contributions to social pre-legal nature of the elaborated frame- insurance differ from taxes, despite the in- work, with the latter having been developed crease in the number of contributors and a unconstrained by national legislation. disproportion in the "relationship of equiva- Kyung A Choi lence" (i.e. the balance between contribu- The next step will be to compare the Austri- tions paid and benefits and services rendered an system with the German one. Intriguing in return). Next, the dissertation looks into solutions are likely to be identified particu- the possibility of financial redistribution via larly in the Austrian system. Care allowances social insurance contributions. In particular, in Austria are mainly granted on the basis analysis shall be made of the meaning of re- of cash benefits under Austrian federal distribution in relation to the objective and law [Bundespflegegeldgesetz]. Irrespective of the specific nature of social insurance con- whether the person in need of care chooses tributions. Moreover, it is to be examined professional or non-professional care servic- whether social insurance contributions can es, Austrian law does not provide for a legal be used to achieve this affirmative redistri- relationship between the social benefit insti- bution. tution and the service provider. Neverthe- less, the system is bound to provide some This question finally leads to the constitu- sort of solution regarding quality assurance, tional limits of such redistribution. The leg- since the provision of long-term care services islator enjoys wide discretionary powers rein Austria, too, is based on the responsibility garding the implementation of the welfare of the state to enable the delivery of benefits state principle. This is why the right to deter- and services. Since the legal structure of ser- mine the extent to which contributors are to vice provision in Austria is the same as that be included in the process, as well as to de- of service provision in non-professional care fine the "relationship of equivalence" be- in Germany, it is quite likely that quality as- tween contributions and services rendered is surance solutions might be transferred to the treated as part of this discretionary power; system of non-professional care in Germany. however, there are constitutional limits. If the "relationship of equivalence" went completely out of proportion or if social insurance Individual Dissertation Projects contributions were used for comprehensive redistribution, the limits of discretionary 6.9. Social Security Contributions power might be exceeded. Kyung A Choi This dissertation shall formulate such limits In the context of a comparative law analysis notably by drawing on the principle of equal of Germany and (South) Korea the disserta- treatment and guaranteed property rights. In tion focuses on the issue as to how a finan- this connection, the calculation method for cial redistribution among insurees may be health insurance contributions may, for in- effected through the configuration of social stance, constitute a problem with respect to security contributions paid into pension and the principle of equal treatment. Due to the health insurance, and whether such a redis- principle of benefits in kind and services, the tribution complies with the protection of the individual equivalence ratio decreases and a claim to social security benefits; this issue is substantial redistribution becomes possible. to be examined with a view to the increased If high wage earners were indeed over- life expectancy of insurees and the financial charged in this context, the question would performance capacity of insurance institu- arise whether such a system infringes the tions. A comparison of the legal systems of principle of equal treatment or whether it Germany and Korea is especially appropri- can be justified by the prerogative of group ate, since the social insurance systems of equivalence and the principle of solidarity.

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14 – 16 July 2010 Doctoral group introductory seminar on "Social Security and Long-Term Care Dependency" Abtei Frauenwörth, Frauenchiemsee

Luise Lauerer: Presentation of the dissertation project Ulrich Becker: Academic working methods Ulrich Becker: Methodology of legal comparison Iris Meeßen, Magdalena Neueder: Experience and guidance report from the doctoral group on the "Triangular Benefit Delivery Relationship in Social Law"

The introductory seminar concentrated on the basic dissertation requirements, the precise definition of the topics, the discussion of countries suitable for legal comparison as well as the methodology of legal comparison.

In the chapter focusing on the protection of employees is to be considered in regard to the claim to social security benefits, the spe- both the particularity of their employment cific nature of social security contributions and the contractual employment relationship shall be ascertained in relation to the restric- with their employer. German civil service tion of benefit payments. First it is to be ex- pensions, which are completely financed amined whether restricted benefit payments, from taxes, might in addition serve as a basis stipulated by law in Korea, can conflict with for the assessment of contributions payable the purpose of the contribution if the income by the Korean state into the pensions of gov- of the person claiming the benefit exceeds a ernment employees, since these pensions in certain limit. As social insurance, in the main, Korea are also financed from taxes. aims at a general and abstract protection, the service provider has to provide the pension benefits when retirement age is reached with- 6.10. Quality Assurance, Pricing and out taking into consideration the beneficiary's Rationing – Cost‑Benefit Assessment personal situation. If such a consideration of Health Technologies in the German was legitimate, social insurance could con- Statutory Health Insurance and the verge with public welfare and social insur- English National Health Service ance contributions with tax payments. Nikola Wilman

According to the Korean Government Em- The need for health care services is continu- ployees' Pension Act, the pension is reduced ally growing, whether due to the fact that if a (former) government employee has re- society is ageing and, therefore, morbidity is ceived at least one custodial sentence during rising, or whether due to the dynamics of in- his period in office. However, reductions can novation in medicine and pharmaceutics and only be effected for the part of the pension increasingly efficient health care. However, contributed to by the state. In this respect, in the future, too, the resources of the public the legitimacy of the measure is to be as- health systems will remain limited. In view sessed accordingly. The nature of an employ- of this shortage of resources every society er's normal contribution (i.e. third party's must make fundamental decisions regarding contribution) to pension insurance should the question as to which funds it intends to serve as an element of comparison. In this make available to the system of public health regard, the question arises whether an em- care and how these funds are to be used ployer's contribution receives less constitu- within the system. tional protection because it is regarded as an independent contribution or whether it is as- It seems obvious and reasonable to calculate signed to the employee as being part of the both the benefit and the cost-benefit ratios of employer's responsibility to provide social medical measures, as well as to exclude those welfare, or as part of the employee's remu- measures that have little or no additional use, neration. In this connection, the difference or little additional use in relation to the costs, between government employees and other from publicly funded health care. In many

68 I. FOREIGN AND INTERNATIONAL SOCIAL LAW national health systems (e.g. in Australia, technologies and in the elaboration of rele- Canada, Sweden, Austria, Great Britain) the vant guidelines based on the respective as- (cost-)benefit assessment is meanwhile con- sessment result. ducted on a regular basis by the relevant institutions in terms of a systematic assessment It is against this background that the disser- of health technologies (so-called Health tation shall, based on a comparison with the Technology Assessment, HTA). health technology assessment system of the English NHS, analyse the role of evidence- The findings of the assessment shall serve to based and health economic evaluation of assist the political decision-making process medical measures in the SHI with particular Dr. Martin Landauer, M.Jur. in a variety of situations, be it related to the regard to the assessment of benefits and cost (Oxon) addition or exclusion of benefits or services efficiency, and evaluate this role from a legal from the benefits catalogue, to pricing or to perspective. The focus shall be on the fol- the drafting of treatment recommendations. lowing research issues: Despite general agreement on the advantage of such a health technology assessment, vast (1) To what extent are health economic eval- differences exist in the various countries as uations and their focus on benefit maximisa- to its type and respective application. tion compatible with public health care and The German legislator, too, has adopted the with the fundamental principles of our legal criteria of reasonableness and cost efficien- system pertaining to individual rights? cy, albeit with a certain time lag. Statutory benefit assessment of pharmaceuticals was (2) As regards methodology and procedure, introduced in 2004. In addition, the cost- how is benefit assessment or, respectively, benefit assessment of pharmaceuticals cost-benefit assessment implemented in the through the German Institute for Quality SHI and in the English NHS? In this context, and Efficiency in Health Care (IQWiG) has the various assessment institutions, objec- become mandatory as of 1 April 2007. How- tives and objects, procedures, as well as as- ever, the German Law for Reforming the sessment methodology shall be analysed by Market for Pharmaceuticals (AMNOG, direct comparison of the two health systems. 2010) prompted new regulations regarding the role and scope of benefit assessments (3) To what extent are benefit assessments and cost-benefit assessments, with the intro- or, respectively, cost-benefit assessments of duction of early benefit assessment of newly medical measures in the SHI limited by con- marketed pharmaceuticals as a new price stitutional and social benefits law? regulation tool being of major significance. (4) To what extent are specific aspects of the The Law further stipulates that the assess- assessment methodology and assessment ment of medical benefit is to be conducted procedure compatible with constitutional in accordance with the internationally recog- law and with social security entitlements on nised standards of evidence-based medicine, the part of insurees? and that economic evaluation must be made in line with the relevant internationally recognised standards, in particular those of 6.11. State Responsibility for Inpatient health economics. This explicit reference Long-Term Care Services in England and thus extends the discussion on the method- Germany – A Comparative Legal Analysis ology and procedure of assessment beyond of Governing Instruments in the Enabling national borders and suggests recourse to the State often long-standing experience gained by Martin Landauer other countries regarding the systematic assessment of health technologies. One of the The "enabling" state has become a fashiona- most renowned HTA institutions abroad is ble concept in the current political, legal and the National Institute for Health and Clini- social science debate. The assumption is that cal Excellence (NICE). Since 1999 it has, closer cooperation with the private sector will on behalf of the National Health Service allow the post-modern state to fulfil its role (NHS), been involved in the cross-sector as- more effectively. But even though this form of sessment of new and already existing health interaction between the state and the private

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sector has been practised for a long time par- ments applied in Germany. The focus of the ticularly with respect to welfare state tasks – dissertation is on the identification, descrip- one need only recall social services run by tion, analysis and classification of the differ- private or non-profit funding institutions – so- ent regulatory instruments. For one thing, cial law still undeservedly receives too little this demonstrates that in the area of inpa- attention in the ongoing administrative (or in tient long-term care, and with regard to this more modern terms: governance) discussion. particular social sector, it is certainly justified to speak of the English and German gov- This deficit is taken as an opportunity for this ernments taking over responsibility for ena- Daniela Schweigler dissertation to examine, from a comparative bling the delivery of benefits and services. law perspective on inpatient long-term care For another thing, the study also shows the in England and Germany, issues arising from limitations of the concept of the "enabling the disparities between the respective fund- state and its responsibility" by describing not ing agency and the responsible party (i.e. the only the similarities but also the differences state) on the one hand and the service provid- in the way the two states exert governmental ers (particularly private nursing home opera- influence, with the term neither indicating tors) on the other. The study analyses the in- the use of specific instruments to meet this struments and mechanisms public authorities form of state responsibility nor addressing use to exert influence on inpatient long-term the issue of clear allocation of responsibili- care and, by intermediary of this regulatory ties between the state and the private sector. impact, to assume responsibility for enabling the delivery of benefits and services in this The comparison of the legal systems finally social benefits sector. Based on the underly- shows that – although steering and governing legal mechanisms, the dissertation sys- ance research have been actively looking for tematises the – broadly conceived – state more modern, responsive forms of regulation regulation, thereby combining the social law – the regulatory system still focuses on tradi- analysis of the instruments used in inpatient tional command & control instruments at long-term care with the "regulatory", general least in the field of inpatient long-term care. administrative law doctrine. The concepts regarding the allocation of responsibilities between the state and the The first focus is on the ways to access inpa- private sector that have been developed in tient long-term care services, i.e. through the response to the often stated failure of govern- relevant social benefits regimes as well as mental control, and in this context particularly through other, more general infrastructure the positioning of the state as the bearer of measures concerning the availability of facili- responsibility for enabling the delivery of ben- ties and nursing staff. The next part refers to efits and services, do not necessarily involve a those governmental instruments that are used primary or even sole use of non-mandatory to create a regulatory impact on service provi- regulatory (e.g. persuasive, self-regulating or sion for the purpose of quality assurance. The competition-based) techniques. The finding study thus not only looks into the bilateral re- of the study is – for both the German and the lationship between the state and the service English system of inpatient long-term care – providers, but also analyses those measures that these instruments are only used as a sup- which may have an impact on the service pro- plementation to the regulatory forms rooted in viders via third parties. An example of this is imperative command & control. the creation of a right of choice regarding the different facilities and the granting of information with respect to selection decisions; these 6.12. The Right to Hear a Specific means focus on the person in need of long- Physician (Section 109 SGG) – Dogmatic term care as the "consumer" of care services, Classification of a Controversial but ultimately also aim to assure the quality of Procedural Instrument with regard long-term care in the individual facilities. to Social Court Practice Daniela Schweigler To begin with, a detailed description of these measures is provided with relevance to the According to Section 109 of the German So- English legal system, to be followed by an cial Court Act (SGG), claimants in social "asymmetric" legal comparison to the instru- court proceedings have the right to request

70 I. FOREIGN AND INTERNATIONAL SOCIAL LAW the court to have a specific physician testify naires, data relating to a total of 368 proceed- as expert witness. This regulation conflicts to ings were analysed. The statistical evaluation a certain extent with the inquisitorial princi- was followed by an interpretation of the em- ple of social court proceedings, a fact that pirical findings and of their comparison with has repeatedly been subject to sharp criti- the expectations related to the contents of cism and led to the request to delete the Section 109 SGG. regulation entirely. Supporters, however, regard this right of request as an important Accordingly, the right of request pursuant to contribution to the promotion of equal treat- Section 109 SGG apparently has an impact on ment in proceedings and to the peaceful set- the progress and outcome of a major propor- Dr. Dongmei Liu tlement between parties. tion of cases in social court practice. This dis- covery conflicts with the predominant view The aim of this dissertation is to find a new propounded in the literature that Section 109 dogmatic and empirical basis for the some- SGG could, due to the inquisitorial principle, what stagnant discussion on the right of re- be dispensed with in the clarification of the quest according to Section 109 SGG. One matter. Conversely, the impact of pacification part of the study, which deals with legal doc- often ascribed to the right of request could not trine, examines in a systematic way which be established in the manner expected. In the purposes are pursued by this right of request. light of such divergences between the theory This also includes the question as to how the of legal doctrine and socio-legal reality, the determined purposes are interrelated and dissertation finally addresses the question of how they correlate with general principles, whether and in which context the working particularly with the inquisitorial maxim. conditions of law can and should be included The doctrinal analysis also comments on the in the statutory interpretation. genesis and the historical context of the creation, in the year 1911, of Section 1681 of the Social Insurance Code of the German 6.13. Social Security in the People's Reich (RVO) in its function as the predeces- Republic of China sor provision to Section 109 SGG. It illus- Dongmei Liu trates that the normative and institutional framework conditions embedding Sec- Sixty years of social security in China show tion 1681 RVO differ fundamentally from that the most important developments in this the social court proceedings of today. Against field to date have mainly been brought about this background it shall be examined to what by changes in the economic system. Two ma- extent the original legislative considerations jor turning points were the establishment of are still applicable in the system of the sepa- common socialist property and planned ration of powers pertaining to the Basic Law. economy in the 1950s as well as the economic transformation which has been the primary An empirical study of the application and im- task of the state since the end of the 1970s. pact of the right of request in practice is to Together with common socialist property, se- provide the discussion with new findings on curity systems were built up which were sub- the actual legal situation. It shall be evaluated ject to state and collective responsibility, and whether and to what extent the expert opin- full-time employment policy was implement- ion of the physician designated by the claimed. The mixed property system and the so- ant is suited for influencing the proceedings cialist market economy – both legitimised and for improving the pacification function. due to constitutional changes in the 1980s Particular investigation in this context shall and the 1990s – currently constitute the ma- be made into the premise that the active in- jor elements of the present economic system. clusion of the claimant in the proceedings In this context, an attempt has been made to would promote the overall acceptance of the introduce social security systems that are un- proceedings. In 2010, questionnaires were for der the joint responsibility of the state, soci- this purpose sent to judges and claimants' ety and the individual. representatives throughout Germany with the aim of obtaining information on specific pro- During the first decade of the 21st century, a ceedings concluded at first instance. After new trend has become apparent with one of sorting and processing the returned question- the major state tasks being the improvement

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of the state system alongside economic de- public has developed a powerful government velopment. Creating the concept of a "har- system that has long played an important monic society" in the year 2006 was a mile- role in public life. By contrast, the develop- stone in this move. The systems of social ment of public self-government is limited. security, which in former times were mainly The state will probably continue to take on deemed necessary in respect of economic re- the main responsibility for the configuration, forms, are now referred to as a main element the administration and the financing of so- of the state system. That is why the setting up cial security in the future. of social security systems must comply with Dafni Diliagka the basic principles of the state and cannot (3) Introduction of individual self-responsibility solely orient itself towards economic devel- The promotion of the self-responsibility of opment. This also raises the legitimate ques- citizens is being stepped up according to the tion as to what direction the reform is to take. market economy conditions. The further development of social security Yet, after 30 years of ongoing discussion, no and social benefits law in China is influ- definite agreement has been reached on the enced by many factors such as history and fundamental issue of the system structure, tradition, the political and economic sys- i.e. on what principles and basic models tems, national development strategies as should be included in the social security sys- well as international impacts. As one of the tem. However, the interaction of social, eco- basic systems of the state, social security can nomic and cultural constraints, together no longer be evaluated according to the with existing institutions, political decisions standards of 1994 which, in the main, served as well as societal demands, are gradually the purpose of developing a market economy. producing a new form of social security. The Further, social security is to do more than constitutional legitimacy of both the mixed just contribute to social stability or remove property scheme and market economy has social disparities. As a state institution epito- laid the foundations for society and the indi- mising "joint prosperity" and social equality vidual to assume responsibility for social se- – the basic objectives of Chinese socialism curity. Currently, a new trend can be noted – social security, together with other state in- emphasising a more socialist point of view stitutions, takes on the important task of re- compared to the model system planned in flecting the common values of the state. the 1990s. Even if the configuration of social security is not yet mature, some key elements have gradually become consolidated. 6.14. Greek Pension Insurance in the context of the Greek Constitution and (1) A system covering all citizens International Law Every citizen is to enjoy basic living condi- Dafni Diliagka tions and basic medical care – that is what Hu Jintao, General Secretary of the Commu- In view of the current financial and economic nist Party of China (CPC) and State Presi- crisis, of the country's ageing society and the dent of the People's Republic said in his re- decrease in the number of working people, port at the XVIIth National Congress of the i.e. issues which put increasing strain on the CPC on 15 October 2007. This political slo- financing of the entire social security system, gan reflects the socialist ideas of equality and Greece has, like most European countries, justice which form the theoretical basis of had to reform its statutory pension system. the system structure together with the influ- The key focus of this dissertation funded by ence of the Chinese ideal of the "great com- the MaxNetAging Research School is on the monalities". Common socialist property is examination of the legal aspects related to the the guarantee of this basis. reformed Greek pension system. This system is to be analysed with regard to the influences (2) The major role of the state regarding social of international and European pension poli- security cies and to its compatibility with the Greek As a centralised state, China has a long tradi- Constitution and international law. tion of "state responsibility" in the field of social security. With the organising principle Since 2009, Greece has been hit by an un- of democratic centralism, the People's Re- precedented financial crisis. For this reason,

72 I. FOREIGN AND INTERNATIONAL SOCIAL LAW it has concluded an agreement with the eu- investigation is to be made of the question rozone countries and the International Mon- whether the new regulations are consistent etary Fund to receive financial support with both the Greek Constitution and with amounting to several billion Euros. A prereq- international standards such as the Europe- uisite for the release of fund tranches is for an Convention on Human Rights (ECHR) Greece to effect a range of austerity meas- and the European Social Charter. The risk of ures targeted at the reduction of the budget poverty in old age, reduced replacement deficit. Greece has been asked to effect, rates, restricted eligibility to receive pension among other measures, a reform of the pen- benefits and the abolition of special rights sion system for civil servants and non-gov- for working mothers might conflict with ernment workers. It is questionable, howev- some fundamental human rights, e.g. with er, whether certain provisions regarding the the right to human dignity, the right to own reformed pension system comply with con- property, the protection of marriage and fam- stitutional or international law. ily, as well as with the protection of legitimate expectation and with the principle of The dissertation is divided into three parts. legal certainty. In this context, it shall also be The first part looks at the background of the examined whether the need to master the Greek pension scheme. Above all, the most present debt crisis may qualify as a separate significant internal and external causes for specific ground for justification. the pension reform shall be examined, i.e. demographic change, international and Eu- ropean guidelines regarding the reconfigura- tion of the pension system and the financial crisis in Greece. Furthermore, the implementation mechanisms of the IMF and the European Union shall be explained, since they have had a major impact on Greece's decisions made with regard to social policies and social law in the pension reform process.

The second part outlines and analyses the new legislation pertaining to the Greek pension system. The Greek parliament passed the new Greek law on social security (Law No. 3863 of 2010 concerning the New So- cial Security System, applicable to the private sector and self-employed persons) on 15 July 2010, and its amendment on 21 July 2010 (Law No. 3865 of 2010 concerning the Reform of the Public Pension System, applicable to civil servants). According to these laws, the eligibility rules for access to social benefits on behalf of retirees and surviving dependants have been tightened and wage replacement rates have been reduced. What is more, Greece has effected the introduction of a statutory minimum pension which is to guarantee financial security, as well as an automatic correction system which is to adjust the statutory age of retirement according to increasing life expectancy.

The third part is to deal with the legality of the pension reforms. Many regulations and effects pertaining to the new provisions for old age give rise to legal concerns. Particular

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74 II. Munich Center for the Economics of Aging (MEA) Report 2010 – 2011

1. Overview many, given that by 2030 about 20% fewer employees will have to generate the Axel Börsch-Supan output approximately needed to meet today's level of consumption. Notably, this 1.1. MEA and its Origins projection already includes a significant increase in age-specific labor force par- The accelerating demographic change with ticipation. Even with a dependency on its socio-political and economic challenges is imported goods, this can only be accom- one of the most incisive trends in the dec- plished through significantly higher pro- ades ahead. This is by no means a new in- ductivity, which in turn can only be sight. Yet the status of aging-related research reached through higher physical and hu- in Germany and Europe lags far behind the man capital intensity. Wages will rise, work already done on this subject in the while returns on capital may well fall. Al- United States. This holds especially for em- though these trends are generally agreed pirical analyses. And it bears a certain irony upon in qualitative terms, their size, and Prof. Axel Börsch-Supan, Ph.D., as Europe, especially Germany, is aging more the design of optimal adjustment strate- Director profoundly and faster than the US. gies remain controversial.

To advance the state of the art in this area, . Demographic change will substantially MEA – originally named "Mannheim Re- alter the structures of consumption: more search Institute for the Economics of Aging" services and more products will be in de- – was founded in July 2001 as a joint venture mand to cater for the needs of the elderly. between the state of Baden-Wuerttemberg Such shifts in demand give rise to a struc- (represented by the University of Mann tural transformation of production and heim) and the German Insurance Associa- will result in frictions, for example tempo- tion (GDV). Its key mission is to anticipate rary unemployment, especially if the pre- and analyze the micro- and macroeconomic sent low level of sectoral mobility and in- effects of demographic change, and to help flexible labor laws persist. Here again, the in channeling them in a positive direction. quantitative effects are not clear. On the one hand, there is the hope that demo- With the call of its founder and director, graphic change will solve the problem of Prof. Axel Börsch-Supan, to the Max Planck unemployment due to the scarcity of la- Society in 2011, MEA – now renamed "Mu- bor supply. On the other hand, large-scale nich Center for the Economics of Aging" – frictional unemployment may evolve be- has become the second department of the cause an increasing skill bias will lead to a MPI for Social Law and Social Policy. The dual labor market characterized by a Center's research activities, along with the shortage of highly qualified professionals infrastructure projects SHARE and SAVE and a surplus of low-qualified workers described below, are being continued under without jobs – hence a distinct aggrava- the umbrella of the Max Planck Society. Col- tion of a phenomenon already witnessed laboration with the Department of Foreign today. and International Social Law will serve to strengthen the Institute's internationally . The effects of demographic change on comparative research agenda. labor markets are thus uncertain not only in quantitative but also in qualitative terms. E.g. we do not fully understand 1.2. Scientific Background the interdependencies between age and qualification structures. Higher rates of Demographic change is expected to induce employment among older persons – a re- profound macroeconomic structural change newed target of the most recent labor that will impact all central markets in the ag- market and pension reforms all across ing economies – i.e. the markets for labor, Europe, – can only be achieved if both goods and services, and capital. employee health and occupational qualifications ensure sufficient labor produc- . Demographic change will have a massive tivity. Many of the multiple interactions impact on the mode of production in Ger- between labor market, pension, health

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and education policies, which are usually MEA Seminar – but falsely – analyzed in isolation, are not even rudimentarily understood. The MEA Seminar is the MEA's research and doctoral seminar. Demographic change will also transform National and international lectures on research questions in the field of international economic relations. Capital the "Economics of Aging" are given will flow from countries with relatively on a weekly basis. In addition, the old populations to those with relatively doctoral candidates are given the young ones to take advantage of the high- opportunity to present their theses er returns on investment attainable there. to a wider public and discuss them. Even if the entire world were to age gradually, the large relative age disparities be- Prof. Dr. Hilke BROCKMANN, tween countries will induce substantial Jacobs University: "Inequalities of capital movements. This insight is of cru- Happiness: A Gold Standard for cial importance to Germany as its propor- Social Policies?" (6 October 2011). tion of senior citizens is already today Fabrizio MAZZONNA, Ph.D.: "Can among the largest in the world. These we Trust Older People's Statements cross-border capital flows must be fi- on their Childhood Circumstances? nanced via the balance of payments. Evidence from SHARELIFE" Hence, it is likely that Germany will (12 October 2011). change from the world export champion Julie KORBMACHER: "Linking to a net importer. Higher imports, inci- Survey and Administrative Data: dentally, will in general equilibrium go Learning More about the Role of the hand in hand with the scarcity of labor at Interviewer" (26 October 2011). essentially stable levels of consumption. Once again, we know very little about the Christian HUNKLER: "Discrimi- quantitative dimensions; they depend on nation in Access to Dual Education? the speed at which capital and commodi- From the Employer's Point of View" (2 November 2011). ty markets are globalized, notably on barriers to direct investment in the newly in- Thorsten KNEIP: "The Interplay dustrialized and developing nations, of Norms and Incentives in Ex- especially China and India. plaining Marital Stability: Testing the 'Model of Frame-Selection'" Demographic change, besides impacting (20 November 2011). the volume of international capital flows, Till STOWASSER, Ludwig also plays a role in the temporal structure Maximilian University, Munich: of these flows. Future aging could thus "Disentangling the SES Gradient strenghten present-day capital exports, in Health: The Role of Early followed by re-patriation later on when Childhood" (16 November 2011). older citizens turn their foreign retire- Dr. Francesco CINNIRELLA, ment assets into domestic consumption. Ifo Institute: "Birth-Spacing as a Preventive Check Mechanism It is necessary to anticipate and quantify in Pre-Industrial England" these developments, not the least in order (23 November 2011). to mitigate or entirely avoid hardships and transitional problems. Although these is- Bettina LAMLA: "The Wealth Effect sues have appeared on the "radar screens" in Germany: Evidence from the of governments and international organiza- SAVE Study" (30 November 2011). tions over the past decade, sufficiently de- Johannes RAUSCH: "PENSIM" tailed data and suitable models are still (7 December 2011). lacking for a quantitative and, in numerous Prof. Dr. Frauke KREUTER, dimensions, a mere qualitative assessment Ludwig Maximilian University, of these changes. Designing the required Munich: "Motivated Underreporting: analytic tools constitutes MEA's first task, Asking Filter Questions in Social and providing the substantive analyses the Surveys" (21 December 2011). second.

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1.3. Department Structure and Thematic In the third step, the models are applied to Priorities prospective policy options – for instance, an even later retirement age, additional efforts Against this background, MEA constructs to promote further education and training, or models to forecast such multi-layered trends improved preventative health measures for during the aging process. The models are older employees to enhance their productivi- largely formulated in mathematical terms ty. The models then show, for example, how and then calibrated with German, European such measures could affect the employment and global data, thus giving them some real- of older individuals. These hypothetical con- ism. They primarily serve to analyze the de- structs focus on the formulation of "if-then" pendency of long-term economic and social statements, i.e., they are not unconditional developments on parameters set, or yet to be forecasts. set, by social, labor market, pension, health Methodology and findings are – in a fourth and education policies. Subsequently, MEA step – cast into scientific publications and, uses these models to make empirically vali- appropriately edited for a non-scientific audi- dated recommendations for social and eco- ence, into policy recommendations. nomic policy action. As its name suggests, the Center's core ana- Accordingly, MEA's typical work comprises lytical work is geared to economics. Interdisci- four steps. The first step is to design a model plinary collaboration, however, with empirical using components from economics and its sociology as well as epidemiology has grown neighboring sciences, notably sociology and extensively since MEA was first founded. Co- epidemiology. These models are based on operation with the social law department will presumed modes of behavior on the one add to MEA's institutional modelling. In addi- hand; on the other, they make sure that the tion, MEA also undertakes methodological given regulatory framework of social law and research to accompany its various data collec- the various economic budget constraints are tion efforts. This diversity of scientific tasks is adhered to. At this stage, the models are still reflected in MEA's structure. The first sub- abstract and generic, and thus applicable to department "Economics of Aging", headed by different historical circumstances. Dr. Matthias Weiss, is dedicated to analytical The second step consists in "feeding" these research in economics. The second sub-de- models with a concrete environment, e.g., partment is devoted to the "Survey of Health, the specific situation in Germany. This is Ageing and Retirement in Europe (SHARE)", where empirically based behavioral parame- managed by Dr. Martina Brandt and Dr. Fre ters come into play – for instance, older per- deric Malter. This venture collects European sons' willingness to work, in technical terms data on demographic change, and analyzes the elasticity of labor supply – coupled with these data under economic, sociological, and the concrete layout of the social, labor and health-policy aspects. other regulatory framework – for instance, early retirement incentives and similar rules Economics of Aging in place on the transition path until the final introduction of a later retirement age in The sub-department "Economics of Aging" 2029. has three research units:

. Old-Age Provision and Social Policy Doctorates (headed by Dr. Martin Gasche) . Supervision: Macroeconomic Implications of an Aging Axel BÖRSCH-SUPAN Society (headed by Dr. Michela Coppola) . Health Economics (headed by Dr. Tabea 2011: Kai Eberhard KRUK: "Essays Bucher-Koenen) in Empirical Health Economics", University of Mannheim. The research unit "Old-Age Provision and So- 2011: Stefan LISTL: "Essays on the cial Policy" analyzes the effects of the aging Economics of Oral Health and Health process on the funding and organization of Care", University of Mannheim. pension, health and long-term care insurance schemes. While it includes international

78 II. MUNICH CENTER FOR THE ECONOMICS OF AGING comparisons, the main focus is the multi-pil- versa, people's economic and social status will lar social security and pension system intro- influence their health and longevity. This cor- duced over the past few years in Germany. A relation is based on numerous – partly self- detailed simulation model is used as a tool to reinforcing, partly countervailing – mecha- model the German statutory retirement insur- nisms such as the effect of education on ance system (MEA-PENSIM). Mathemati- health behavior; the potentially rationing ef- cal-theoretical approaches are also taken to fect of the health care system and its financ- assess the impact of pension policy measures. ing; the design of the workplace with a view to occupational health and ergonomics; and the The research unit "Macroeconomic Implica- effect of serious illness on performance ability, tions of an Aging Society" constructs macro- often already experienced by school children. economic models that project the overall Measuring and identifying the importance of economic implications of demographic these mechanisms in each individual case change for labor, capital and commodity with its life circumstances constitutes a diffi- markets, and compiles the microeconomic cult empirical task. foundations for "feeding" these macroeconomic models. The work centers on the con- The SHARE Project Family sequences of demographic change for growth, capital accumulation and returns on The second sub-department is dedicated to investment, international capital move- the creation and analysis of a pan-European ments, consumer demand and productivity. interdisciplinary panel dataset of persons aged 50 and over. On a two-year cycle, the Serving as microeconomic input for these survey collects data on these persons' eco- macroeconomic models, German and inter- nomic situation (earnings, expenses and as- national data are used to analyze how and sets), physical and mental state of health, why households save. One application is to measured by a large set of subjective and determine the extent to which existing social objective indicators including biomarkers, as security systems can be augmented by sup- well as their familial and social networks, plemental individual and permational funded thereby also monitoring intergenerational pensions. A longitudinal household database transfers. This research venture is financed has been constructed to collect information by third-party funds and coordinates several on savings decisions and their economic, large-scale projects under the umbrella term psycho-social, and health context (SAVE- "SHARE" (Survey of Health, Ageing and Re- Panel). Since savings behavior in Germany tirement in Europe). Projects are funded by has not been explored in any great depth, the European Commission, the German with only little data available, research here Federal Ministry of Research and Education, has many methodological aspects. and the US American National Institute on Aging. The survey is harmonized with the Secondly, a collaborative project involving U.S. Health and Retirement Study (HRS), three large enterprises based in the automo- the English Longitudinal Study on Ageing tive, the chemical and the insurance industry (ELSA) and several Asian studies. assembles and exploits process data in order to shed light on the relation between age and Based on an external evaluation and busi- productivity. This is an important input to ness consulting, the sub-department has macro-economic models since alongside the been organized in five research units: volume of gainful employment, future aggregate productivity will be the decisive factor SHARE – Administration for economic growth and the way in which (headed by Kathrin Axt) our standard of living progresses. SHARE – Communications (headed by Dr. Martina Brandt) The research unit "Health Economics" adds SHARE – Operations health and life expectancy to the abstract fig- (headed by Dr. Frederic Malter) ures of modern economics. Key economic de- SHARE – Data Base Management cisions taken by individuals, such as labor (headed by Stephanie Stuck) force participation and savings behavior, de- SHARE – Enhancements pend on their health status – just as, vice- (headed by Barbara Schaan)

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sity of Tilburg, Netherlands. According to the ERIC statutes and at the request of the European Commission, the Consortium's headquarters will be transferred to the Mu- nich MPI for Social Law and Social Policy in the summer of 2012.

The individual EU projects (at present: SHARE-M4, CHANCES and DASISH) do not only finance design and coordination but also scientific exchanges. They increasingly spawn transnational research in a variety of fields (e.g. health economics, old-age pension systems, intergenerational transfers, 1.3. Map of countries participating in and methodology studies); researchers of the SHARE (Waves 1-3). central office in Munich play a leading or coordinating role in these activities. Since 2002, SHARE has been collecting empirical data for socio-scientific research in the Upon conclusion of each wave of data col- broad sense – that is, encompassing the eco- lection, the data and first analytical findings nomic sciences and related medical fields. are published, along with assessments of the Along with demographic data, the question- meta- and para-data (e.g. household-specific naires gather information on the economic response rates or key stroke files) for the and social situation of individual households, further development of substantive and me labor force participation, volunteer work, as thodological research with SHARE. well as social and familial networks, along with very specific details on the respondents' In their substantive scientific investigations, physical, functional, subjective and mental SHARE staff members address life science health status. The central objective is to con- and health research issues, build up a report- duct internationally comparable research to- ing scheme called "Work and Lifestyles", ward a better understanding of the effects and and analyze disintegration processes and/or side-effects of individual and population aging the strengthening of integrative potential in in Europe, and the welfare state`s reactions to modern aging societies. International comit. In 2012, after its fourth wave, SHARE in- parative studies naturally play a central role cludes 19 participating European countries in these endeavors. SHARE is part of the and data of about 62.000 respondents. European data system under the Open Method of Coordination that aims to identi- The activities of the central coordination for fy and compare the many dimensions of ag- SHARE at MEA include the scientific design ing societies in Europe. The main focus here of the study; the progressive development is on the triangle of older people's health, and adaptation of the survey and its instru- social and economic circumstances, from ments in line with scientifically relevant in- which measures of successful social policy sights gained from previous waves and from can be derived on a consistent and interna- new research on policy developments. The tionally comparable basis. SHARE is pres- Munich-based SHARE staff members are ently used by researchers of the European initially responsible for designing and setting Commission to devise pertinent indicators up the national samples of a wave, and then on behalf of the Economic Policy Commit- accompany the technical implementation of tee and the Social Protection Committee. In the survey in all participating countries. its methodological research, MEA conducts experiments in the German SHARE survey Starting in March 2011, pursuant to Council to learn which measures most efficiently en- Regulation (EC) 723/2009, SHARE has be- hance respondents' willingness to partici- come a legal entity in its own right as a "Eu- pate. Moreover, in a pilot project sponsored ropean Research Infrastructure Consortium by the Volkswagen Foundation, the linking of (ERIC)" – in short, SHARE-ERIC. Its ad- medical-biological and socio-economic sur- ministration is currently sited at the Univer- veys, process data, and biomarkers are being

80 II. MUNICH CENTER FOR THE ECONOMICS OF AGING tested. This is to be followed by a study com- 2. Old-Age Provision and missioned by the German National Pension Insurance with the goal of analyzing the Social Policy linked data with respect to retirement behavior and living standards after retirement. The research unit "Old-Age Provision and So- cial Policy" investigates the implications of aging for the organization and financial sustain- 1.4. Scientific Advice on Policy Issues ability of pension, health and long-term care insurance schemes, thereby drawing socio- Since it was launched ten years ago, MEA has political conclusions. Existing social security become well-established as a nationally and schemes are analyzed and reform proposals internationally renowned competence center are assessed or drafted, and thus contribute to for issues relating to population aging from policy advice. Analyses are supported by simu- the perspectives of economics and economic lation models, with the MEA Pension Simula- policy. This has given rise to numerous inquir- tor (MEA-PENSIM) taking central stage ies for scientific advice on policy matters in here. PENSIM examines reform measures in Germany (member and chair of the Scientific old-age provision schemes with a view to their Advisory Board at the Federal Ministry of impact on the financial situation of statutory Economic Affairs; advisory support to the pension insurance and the level of retirement Federal President as well as the Federal Min- provision. isters of Finance, of Health and Social Af- fairs, and of the Interior), advisory support to the Minister of Economics and Finance of 2.1. The German Pension System in an the Republic of Italy, the Minister of Finance International Comparison of the Republic of France, the Ministry of Fi- Axel Börsch-Supan nance of Finland, the Greek Central Bank, the United States Secretary for Health and MEA regularly receives inquiries from at home Human Resources, the U.S. Special Senate and abroad, requesting information on the Committee on Aging, the OECD, and the economically relevant institutional features of World Bank, among others. the German pension system. In responding to these queries, MEA continually processes, MEA, through several expert reports, provides systematizes and supplements the findings of input to Axel Börsch-Supan in his function as its research work, and thus provides a compre- one of the nine members of the Expert Coun- hensive survey of pension reform activities in cil on Demography (Expertenrat Demografie), Germany. In particular, MEA seeks to make instituted by the German Federal Govern- the complex details of reforms to the Riester ment in the summer of 2010. This body meets plan [privately funded pension scheme sub- at the Federal Ministry of the Interior in order sidized by the government] and sustainabil- to analyze the ramifications of demographic ity measures accessible to English-speaking change from the points of view of different scholars, and compares these with the reforms scientific disciplines. In April 2012, the Coun- undertaken in other countries, notably Italy, cil is due to publish a report on behalf of the Sweden and the United Kingdom. Federal Government on demographic change and its consequences for the economy and society. The models of global aging processes 2.2. International Social Security Project: developed by the MEA research unit "Macro- Incentive Effects on Early Retirement economic Implications of an Aging Society" Axel Börsch-Supan provide the groundwork for Axel Börsch-Supan as a member of the commission on "Long- The project under the auspices of the Nation- Term Implications of Aging for the U.S. Econ- al Bureau of Economic Research, (NBER) omy", installed by the U.S. Senate and based based in Cambridge, Massachusetts, is a at the U.S. National Academies of Science. long-term international research program led In the following, we provide a more detailed by Prof. Dr. Jon Gruber (Massachusetts Insti- introduction to the individual research areas, tute of Technology) and Prof. David Wise, along with descriptions of the research pro- Ph.D. (Harvard University), with the aim of jects conducted by the staff members of MEA. scrutinizing interaction between social secu-

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rity schemes and retirement behavior. Re- utories and beneficiaries, between the young searchers from altogether 12 western indus- and the old, the rich and the poor, employees trialized countries (nine EU states, United and the self-employed, and so forth. Coun- States, Canada and Japan) are involved in the terbalancing burdens in the near future with study, with MEA representing Germany. One reductions in the remote future presents a of the venture's central objectives is to pre- particular challenge. This international pro- sent comparable surveys for each of the par- ject set out to explore how citizens view di- ticipating countries. verse reform options. In the first part, Axel Börsch-Supan, Prof. Dr. Tito Boeri and Prof. Early retirement is a well-known and costly Dr. Guido Tabellini (both from Università phenomenon in all these countries. Thus, Bocconi, Milan) conducted a transnational findings obtained in the initial phase of this survey on the subject in spring 2000, posing project have shown that early retirement in- identical questions in Germany, Italy, France centives are indeed laid out in the German and Spain. The findings revealed that re- pension insurance system. The second phase spondents were thoroughly prepared to ac- seeks to estimate the extent to which such in- cept reforms, but displayed an alarmingly centives affect the supply of older manpower. high information deficit as to the limits and To that end, we use a variety of specifications prospects of the different reform options. and incentive variables. The results of these estimates are applied in the third phase to In order to examine the influence of the pen- simulate the ramifications of stylized reforms sion reform meanwhile adopted in Germany, for the German statutory pension insurance the survey was repeated several times in this budget. We thereby ascertain the "mechanic country as well as in Italy. The recent ques- effect" resulting from changes to fiscal varia- tionnaires employed novel survey techniques bles at unchanged employment histories. At that permit a more precise assessment of the same time, we quantify the "behavioral citizens' personal preferences for the indi- effect" arising from adjustments to the labor vidual reform options. This study has been supply. The fourth phase inquires how early continued as a subproject of SFB 884 (Po- retirement affects the well-being of older per- litical Economy of Reforms) at the Universi- sons, while the fifth highlights the effect of ty of Mannheim. early retirement on the younger generation's job market opportunities. Finally, the ongoing sixth project phase is dedicated to the special 2.5. Maintaining Social, Economic and incentive effects of disability pensions. Political Stability in Times of Demo graphic Change Axel Börsch-Supan 2.3. Country Studies Axel Börsch-Supan The above project is sponsored as a subproject by the MacArthur Foundation under the "Ag- MEA often receives requests from other ing Societies Network" (subproject: "Social countries to evaluate the pension schemes in Cohesion" in collaboration with Prof. Lisa place there, and to submit and discuss pro- Berkman, Ph.D., Harvard University, and Prof. posals for their reform. The countries inves- James Jackson, Ph.D., University of Michigan). tigated include, for example, Greece (advice It spotlights the individual, social, political to the National Bank and the Ministry of and economic adjustments required to Social Affairs) and Finland (advice to the strengthen intergenerational solidarity in the Ministry of Finance). wake of demographic change and to avoid generation conflicts. With the help of international comparisons, MEA tests economic hy- 2.4. Politico-Economic Analysis potheses about potential losses of social cohe- of Pension Reform Options sion on account of demographic change. Axel Börsch-Supan These premises refer to politico-economic aspects, intergenerational networks, economic Pension reforms constitute difficult political consequences and behavioral changes. One undertakings because they deeply impact question is whether today's sense of responsi- the socio-political balance between contrib- bility vis-à-vis other generations has waned

82 II. MUNICH CENTER FOR THE ECONOMICS OF AGING and, if so, what institutions (general statutory Not all insured persons must reckon with a requirements, taxation and transfer schemes, reduction of their total pension sum; for sev- or financial markets) might have brought this eral, it could even turn out to be higher. The about. In conjunction with the analysis of average pension sum, however, is likely to de- fiscal transfers and non-monetary assistance cline. It follows that the statutory insurance between generations, a special focus is on scheme can hope for lower expenditures as a whether state interventions tend to encourage result of the "retirement at 67" reform. Even or stifle private intergenerational support. so, given the aforesaid interactions, such expenditure cuts and their potential contribution-reducing effect will prove to be relatively Dr. Martin Gasche, Head of 2.6. Raising of the Statutory Retirement moderate. Research Unit Social Policy Age to 67 The overall perception, which takes account Martin Gasche in collaboration with of both contribution and pension payments, Tabea Bucher-Koenen and Sebastian Kluth is that the very young age cohorts will not be impacted: lower pension sums and lower In the spring of 2011, the German Federal contribution sums will just about balance Government was called upon to submit the out. Once more, the burden will fall on the Report under Section 154(4) SGB VI (Book middle age cohorts, which nevertheless VI of the German Social Code), requiring the largely contributed to the demographic prob- Government's appraisal of whether raising lem on account of low child birth rates in the age limit for regular retirement was still their time. The – sole – beneficiaries of the tenable in due consideration of labor market "retirement at 67" agenda are yet again the developments as well as the economic and pensioners with vested rights who, as of social circumstances of older employees. 2013, will enjoy higher monthly benefits This report has reintroduced the topic of throughout the entire remaining pension "retirement at 67" to both the public and term, thus raising the implicit return on their the academic discourse. In March 2011, the pension insurance contributions. German Bundestag invited Axel Börsch- Supan to deliver an expert opinion on the subject of retirement at 67; he was represent- 2.7. Analysis and Assessment of Old-Age ed at the public hearing by Martin Gasche. Pension Policy Measures Martin Gasche in collaboration The "Old-Age Provision and Social Policy" with Sebastian Kluth research unit took part in the scholarly discussion, thereby listing ten misunderstand- Reform measures and proposals are analyzed ings in connection with retirement at 67 (cf. and assessed with the help of a wide array of MEA Discussion Paper No. 209-10). Based MEA instruments (e.g. MEA-PENSIM, see on these findings, along with some elabora- Project 2.10.; and MEA-GKV-SIM, see pro- tions, members of the research unit pub- ject 2.14.). In 2011, the following subpro- lished an essay in the journal Wirtschafts- jects were carried out within this framework: dienst, querying whether "retirement at 67" (1) What is the best pension adjustment for- in fact constituted a pension reduction pro- mula? (2) Phased retirement through flexibi- gram. They showed that this depended on lized partial pensions. the point of view taken. If one considered only the monthly pension payments, the in- (1) What is the best pension adjustment sured themselves could avoid pension cuts formula? by actually retiring at the age of 67 – that is, by prolonging gainful employment. The current pension adjustment formula has repeatedly been criticized from various sides. Conversely, if one regarded the sum paid It is alleged to be too complicated, intrans- over the entire term of pension receipt, the parent and incomprehensible. For this rea- insurants' behavior as well as their sex, earn- son, an investigation was launched to find ings and previously acquired pension claims out the best possible pension adjustment for- proved relevant. Another criterion was the mula based on specific criteria. The following scope of higher pension adjustments neces- appraisal factors were applied: simplicity, re- sitated by "retirement at 67" measures. liability and transparency, contribution-rate

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and pension-level stability, structural and cy- could be accomplished with simpler theorems clical system stability, efficiency, as well as – such as wage adjustment cum contribution- intergenerational equality of treatment. rate factor, or wage adjustment cum sustainability factor. To ensure "intergenerational fair- The above-mentioned MEA analysis instru- ness", the sustainability factor would have to ments were used to verify these factors: the equalize the demographic burden resulting pension simulation model (contribution-rate from the increasing number of pensioners in and pension-level stability as well as struc- relation to the number of contributories by tural and cyclical system stability), the mod- splitting it fifty-fifty between these two groups. el for the calculation of implicit tax rates (efficiency), and the model for the calculation In summary, it can be stated that the best pen- of implicit returns (intergenerational equali- sion adjustment formula merely ought to com- ty of treatment). prise a wage factor in combination with a (fair intergenerational) sustainability factor. The It was found that the current pension adjust- wage factor could in turn be simplified if it ment formula mostly achieves a compromise only embodied the development of wages sub- between these partially opposing aims. Thus, ject to mandatory insurance. Such a straight- the formula provides for retirees' participa- forward yet fair, in intergenerational terms, tion in productivity growth, maintains a bal- pension adjustment rule could be conveyed to ance between contribution-rate and pension- the public much more easily than the present level stabilization, keeps intergenerational one, and would serve to reinforce general ac- inequality within bounds, and ensures that ceptance of the pension insurance scheme. A the taxation implicit in pension insurance detailed account of this study was published as contributions – that is, the portion of contri- MEA Discussion Paper No. 241-11; moreover, bution payments not reflected in pension a considerably abridged and – with a view to benefits – does not increase disproportion- the analysis of cyclical stability – extended ver- ately with time. In addition, the prevailing sion has been accepted by the Zeitschrift für adjustment formula serves to stabilize the Wirtschaftspolitik following peer review. system in the face of demographic changes as well as cyclical fluctuations. (2) Phased retirement through flexibilized partial pensions Other pension adjustment formulas display distinctly less favorable features. For instance, Among politicians, there is a degree of con- adjustments geared to wage developments or sensus that phased retirement should be fa- to the rate of inflation lead to a steadily de- cilitated – that is, employees should be ena- clining pension level, which in turn generates bled to withdraw from employment gradually a considerable measure of intergenerational through a progressive reduction of working inequality. Also an adjustment formula com- hours, with the attendant loss of earnings prising a demographic factor would – for as compensated by a wage supplement. long as life expectancy continues to rise – entail a constant deterioration of the pension The best-known example of phased retire- level. If, by contrast, pensions were to be ad- ment is part-time employment prior to retire- justed purely to gross wages, the pension level ment. Under this model, employees reduce would indeed remain stable but, in the long their working time to 50%, while the employ- range, would ultimately result in a contribu- er assumes an additional payment of at least tion rate of over 30%. Wage adjustment or a 20% of the part-time wage as a supplement. combination of adjustments to wage and in- Before 2010 and under certain conditions, flation cannot achieve any stabilization in the German Federal Employment Agency pension levels and contribution rates, even if covered the 20% augmentation. The variant retiree quotients were to remain unchanged in which working hours are actually scaled over time. The systems would be instable in back to 50% throughout the entire transition demographic terms. period is only seldom claimed. A much preferred alternative is the so-called block model The current pension adjustment formula is whereby employees continue to work full- thus better than its reputation. Yet nearly the time for the first half of the transition period same results as with the status quo formula and then cut back to 0% for the second half.

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Another much less known phased retirement gross and net terms. After retirement, the part- option is the so-called partial pension. Here, time employment scheme fares somewhat employees likewise reduce their working better than the partial pension model. Viewed hours but receive a partial pension compris- over the entire period, there are scarcely any ing two-thirds, a half or one-third of their pension income differences between the giv- old-age pension. Their earnings in addition en options. Only when taking additional ac- to the partial pension must not exceed spe- count of earned income does part-time em- cific limits. This semi-retirement model is ployment display slight advantages. seldom if ever used, although it exhibits advantages over the part-time employment The partial pension's disadvantage neverthe- concept. less lies in the complicated provisions governing caps on additional earnings and rigid This project sought to outline the different partial pension levels. The latter entail mar- phased retirement options (early retirement, ginal tax rates of far over 100% as soon as partial pension plus additional earnings, and additional earnings exceed the cap specified part-time employment prior to retirement), for a particular level. This detracts from any then to compare them by means of diverse incentive to increase work in the transition criteria, and ultimately to elaborate an ap- period prior to full retirement. MEA has propriate reform proposal. therefore drafted a reform proposal for a "flexible partial pension". Under this model, Part-time employment prior to retirement, the partial pension's disincentives are elimi- the partial pension, and early retirement nated by removing its benefit levels and by were compared using the following criteria: introducing a "tariff" that guarantees a con- gross income in the transition period, net instant "pension withdrawal rate", meaning come in the transition period (each assuming that a certain percentage of additional earn- maximum additional earnings and a reduc- ings is always left to the insured. Such a tion of working hours to 50%), income after regulation is simple and calculable. In this attainment of the age limit, as well as net way, partial pensions would gain more ap- present value both of pension incomes over peal, rendering part-time work prior to retire- the entire pension term and of total incomes. ment obsolete, at least from the insured's point of view. A truly smooth transition to All in all, the comparison of the different retirement could thus be achieved. phased retirement options shows that part- time employment prior to retirement does Compared with this evolutionary approach not present any great advantage from the toward flexibilizing the partial pension, a point of view of the insured. This scheme's more radical step would be to drastically popularity, contrasted with the "wallflower raise or abolish caps on additional earnings existence" of partial pensions, is thus not to prior to normal retirement, while scaling up be explained from this angle. Rather, the pension reductions for early retirement to an part-time employment alternative is doubt- incentive-neutral level. Such a measure less preferred because it can be structured as would likewise foster genuine phased retire- a block model and thus also does justice to ment, while making it possible to extend em- employer interests, for example in facilitating ployment offers to early retirees in the ab- manpower organization. For this reason, the sence of fixed caps on additional earnings. block model is often offered as the sole variant of part-time employment prior to retire- In the fall of 2011, the German Federal Min- ment. In addition, part-time employment ar- istry of Labor and Social Affairs submitted a rangements are more attractive because they proposal for a so-called combi pension can already commence at the age of 55, which, just like the above recommendation whereas the partial pension cannot be for a flexible partial pension, amounts to a claimed until early retirement is likewise per- reform of the partial pension. Hence, our missible. project remains up to speed. The study was published as MEA Discussion Paper No. As for income in the transition period, the par- 243-11; a slightly modified version has been tial pension model proves superior to the accepted for publication by the journal So- other gradual retirement options, in both zialer Fortschritt.

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2.8. Analyzing Public Knowledge fact qualify. By contrast, only 46% of those about the Riester Subsidy who reported never to have been entitled Martin Gasche in collaboration were correct in their appraisal. An astonish- with Michela Coppola ing 54% were wrong. That is, they believed themselves ineligible, but actually did quali- The prevalence of the Riester pension plan, a fy, or had qualified at one time. Hence, eligi- privately funded retirement scheme subsi- bility is grossly underestimated. dized by the German government, has gained enormous momentum. Thus, in 2003, some This false estimation is indeed encountered 8% of households had taken out a Riester con- in all income groups, but is especially pro- tract. By 2009, the quota had risen to nearly nounced in the lowest income bracket – that 40%. The Riester plan is particularly wide- is, the one in which the Riester plan is the spread among households with children; over least widespread. At 41%, the error rate in 56% of two-child households have concluded the bottom income quintile is the highest. a Riester contract; households with three and Far fewer households belonging to the other more children exhibit a prevalence rate of al- salary groups, namely about 23%, are likely most 70%. Yet a source of worry continues to to be wrong about their eligibility. These be the plan's minor popularity among low-in- findings hold true in the multivariate analy- come households. Even here, however, the sis, thus indicating that the reason for the prevalence rate swelled by almost 7 percent- Riester plan's lesser popularity among low- age points from 2008 to 2009, to now 25%. income earners is attributable to their lack of information about eligibility for the subsidy. Apart from the regular measurement of the Riester plan's popularity with the help of our Surprising results were obtained upon evalu- SAVE data (see Project 4.4.), an additional ating responses to the question about the sub- analysis focused on public knowledge about sidy amount. Thus, 57% of the households in the Riester subsidy program. The SAVE possession of a Riester contract were unable questions addressing this specific aspect to appraise the size of their subsidy. Some were thus evaluated accordingly. The one 18% replied that the subsidy was small and query was whether respondents knew they came to less than 25% of the amount saved. were eligible for the Riester subsidy; the oth- This group was in any case wrong in their es- er was whether Riester contract holders were timation. Only 24% of the households cor- able to size up the subsidy amount. rectly assessed the subsidized portion, stating that the quota was "high" (50% and more) or The evaluation of responses on eligibility re- "medium" (between 25% and 50%). This lack vealed that approximately 49% of those of knowledge was equally pronounced across questioned considered themselves eligible all income brackets and educational levels. and 51% ineligible. In actual fact, however, Merely households with children displayed a 73% qualified for the subsidy, whereas a mere 27% had never done so. It follows that people frequently tend to be wrong in their estimation of entitlement. That became all the more evident upon considering those who had objectively been eligible at least once in the preced- ing six years. Of these households, nearly 38% claimed never to have been eligible for the subsidy. A closer look at the self-as- 2.8. Share of households with Riester contracts by income sessment data revealed that quintiles: The rate of contracts concluded is highest among 92% of those who thought high income households, yet Riester plans have also gained themselves eligible did in popularity among lower income households.

86 II. MUNICH CENTER FOR THE ECONOMICS OF AGING significantly higher degree of knowledgeabili- (ii) budget-neutral and, as a novelty, (iii) ty about the scope of Riester subsidization. yield-neutral. It was found that all of them The problematic aspect of such ignorance is ultimately differed not in their mode of cal- that it negatively impacts the scheme's ac- culation but only in respect of the discount ceptance, often entailing careless decisions to rate used. Another finding was that the in- deactivate or terminate Riester contracts. centive neutrality of the first approach en- Frequent misjudgments of the subsidy sued if the implicit taxation of contributions amount could be an indication that the perti- equaled the implicit tax on early retirement nent provisions are too complicated. pensions. Hence, incentive neutrality was accomplished through the creation of two The above analyses clearly show that more disparate distortive taxes, rendering this ap- information about the Riester subsidy, as well proach problematical. Correct reductions as simplification of the provisions governing were moreover calculated also for cases in eligibility, would further heighten the which the relevant alternative to early retire- scheme's dissemination and acceptance. ment was not the ongoing pursuit of a gainful Such rather simple measures ought to be occupation but unemployment and inactivi- considered before increasing subsidization or ty. The NPV approaches were subsequently targeting other reforms. This study was pub- contrasted with the utility-oriented ap- lished as MEA Discussion Paper No. 244-11; proach, where results are highly dependent a slightly abridged version appeared in the on the imputed utility function and parame- journal Wirtschaftsdienst, Issue 11, 2011. ter values. All in all, the currently valid statutory reductions are too low when applying the NPV approaches. 2.9. Correct Actuarial Calculation of Pension Reductions Correct reductions are subject to numerous Martin Gasche determinants. Thus, life expectancy is of considerable significance as it determines The level of correct pension reductions for the duration of pension payments, hence the early retirement has often been a matter of timeframe throughout which reductions can contention among scientists, depending on be distributed. Dependence on life expec- whether actuarial calculations are based on tancy also explains the disparities between the perspective of the individual or that of correct reductions for men and women, as the pension insurance scheme. The two well as among birth cohorts. Of equal impor- methods thereby applied have been termed tance is the discount rate as it determines the incentive-neutral and the budget-neutral how heavily future pension payments are approach. From the standpoint of the in- weighted. Accordingly, correct reductions sured person, reductions are incentive-neu- decline in proportion to tral if early retirement and regular retirement render the same net annuity value. From the longer life expectancies, standpoint of the pension insurance scheme, younger birth cohorts, retirement age is irrelevant as long as contri- lower imputed discount rates, bution rate development remains unchanged larger gaps between actual and regular (budget-neutral approach). retirement age, higher wage increase rates and/or pension The project aimed to conceive and apply adjustment rates, and new approaches for the computation of cor- prolonging effects of survivors' pensions rect benefit reductions, and to compare on the duration of pension payments. these approaches, setting the reductions thus obtained in opposition to the currently Consequently, if uniform reductions are ap- applicable 3.6% rate of reduction. In addi- plied to all birth cohorts, to men and women, tion, the various determinants of correct re- and to every early retirement age, this will ductions were elaborated. always be a mistake. The correct level of reductions for early retirement was initially calculated with the The amount of reductions also depends on help of three "net present value (NPV)- the relevant alternatives available for the pe- based" approaches – (i) incentive-neutral, riod between potential early retirement and

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the statutory, i.e. normal, retirement age. 2.10. The Pension Simulation Program The standard approach used for the calcula- MEA-PENSIM tion of reductions presumes sustained em- Johannes Rausch in collaboration ployment subject to social insurance contri- with Martin Gasche butions as the relevant alternative. Yet that need not be the case. If the relevant alterna- To be able to analyze the future course of the tive before reaching normal retirement age is German pension insurance system, along unemployment or inactivity, incentive-neu- with the effects of actual and/or prospective tral reductions will be much lower. If an reforms, one requires a simulation model ca- Johannes Rausch, Researcher early retiree achieves additional earnings in pable of imaging the system in line with its (Social Policy) the phase prior to normal retirement, the decisive determinants. In the process, a vari- correct reductions must be higher. ety of potential demographic and economic Analogous to reductions, pension credits can developments must be taken into account. likewise be calculated; they are awarded if the insured extend their gainful occupation MEA-PENSIM is a pension simulation pro- beyond the statutory age limit, thus delaying gram that is continually being advanced. It retirement. The condition for the computa- depicts the pay-as-you-go public pillar of the tion of incentive-neutral credits, mirroring German pension insurance scheme as well that for reductions, is that the taxation of as selected aspects of private funded retire- contribution payments must just equal the ment arrangements, and can thus be regard- subsidy paid to the late retiree. Here again, ed as a simulation model for the entire multi- the statutory credits currently set at 6% pillar system of old-age provision in Germany. are as a rule too low. To remove the incentive for regular retirement as per the statutory MEA-PENSIM strives for realistic projec- age limit, the rates would have to be about tions into the future of the German pension 7% to 8%. insurance system. It thereby focuses primarily on issues relating to the prospective ef- In sum, the findings suggest that statutory fects of demographic change on contribution pension reductions and, where applicable, rates and the level of pension benefits. How pension credits should be increased. This serious are the consequences of a declining holds true all the more if the planned intro- pension level – based on diverse reform sce- duction of the "combi pension" is to be narios – likely to be for retirees? Can the flanked by drastically raised limits on early supplementary, government-sponsored Ri- retirees' additional earnings. Beyond aug- ester plan close the expected gap in statutory menting reductions, another meaningful old-age provision? What share of retirees' step would be to distinguish according to re- pension income will eventually be provided tirement age and birth cohorts. The study is by supplementary retirement arrangements? due to be published as a MEA Discussion Paper, and is subsequently to be submitted With the aid of versatile model calculations, to a refereed journal. the simulation program moreover estimates the impact of various pension-policy measures against the backdrop of differing assumptions about demographic and economic developments, and subsequently drafts appropriate reform proposals. Important questions here target the system's long-range stability, or the extent to which changes on the labor market are able to offset the repercussions of demographic change. 2.10. Example of a PENSIM simulation: Prospective effects of different fertility trends on pension contribution rates.

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In 2011, substantial progress was made in the reconfigura- tion and re-conception of MEA-PENSIM. Thus, the module for the calculation of average cohort-specific personal earning points was conceived. Under the point system for the conversion of pension entitlements, annually acquired earning points are computed with a view to age, sex and regional income profiles. Proceeding there- 2.11a. Income-specific implicit taxation in the German Social from, the average number of Insurance System in 2009: Contributions increase with income. earning points is determined for the retirees of a specific cohort. compared. The life-cycle-related implicit tax The computation of retirees, i.e. the number is used, for example, to analyze the intergen- of persons entering retirement, was likewise erational distributive effects of reforms, revised. Now the differing behaviors of pop- whereas the period-based implicit tax is a ulation groups accessing their statutory pen- measure for the social-insurance-induced tax sions (civil servants, compulsorily insured wedge between marginal product of work persons, or the self-employed) are also taken and net wage, hence for distortions caused into account. by the social insurance system. And finally, a module that factors in private old-age provision (Riester pension module) The project started out by calculating period- was integrated at the end of 2011. based implicit taxes for the German systems The simulation model is documented in a of Statutory Health Insurance (GKV), Social MEA-PENSIM manual. Due to be pub- Long-Term Care Insurance (SPV) and Statu- lished is a MEA Discussion Paper containing tory Pension Insurance (GRV), based on spe- a description of the MEA-PENSIM model, cific age cohorts, income brackets, men and along with an investigation of the effects of women, and east and west Germany. The re- various assumptions regarding population sults were then aggregated to produce an and labor market projections as well as wage overview of age-specific, income-specific and developments on both the contribution rate gender-specific implicit tax rates for the en- and the pension level in the statutory tire social insurance system. Subsequently, scheme. The second part of the Discussion age- and income-specific "wage tax rates" Paper will serve as the groundwork for an es- were derived for the entire levy system by say on the determinants of the statutory pen- adding together the implicit tax inherent in sion insurance contribution rate. the social insurance system and the explicit wage tax imposed by the income tax system. Finally, the effects of social reforms, such as 2.11. Implicit Taxation in the German the introduction of the "Swiss Model" to Social Insurance System GRV or lump-sum contributions to GKV, Martin Gasche were illuminated with regard to their level and structure of implicit taxation. An abridged The proportion of social insurance contribu- version of MEA Discussion Paper No. 190- tions not reflected in corresponding benefits 09 was published in the refereed journal Jahr- can be regarded as an implicit tax. Funda- buch für Wirtschaftswissenschaften in 2009. mentally, two concepts are distinguished: the "life-cycle-related implicit tax", whereby The model for the computation of implicit contributions paid and benefits received tax rates is to be brought up-to-date on a throughout an insured person's entire life are regular basis, and used for the assessment of compared, and the "period-based implicit reform proposals and measures. It was last tax", whereby the contributions and benefits updated in 2011 and applied to a compari- or acquired claims of a specific period are son of various pension adjustment formulas.

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The first step was to analyze the group of compulsorily insured employees as the main source of redistributive flows. This group's net contributions – under each of the social insurance branches and separated according to age, sex and income – to other groups such as pensioners, children and the unemployed were ascertained, along with the inter- 2.11b. Age-specific implicit taxation in the German Social personal flows within the Insurance System in 2009: 20 – 50-year-olds pay the most. group itself (cf. MEA Dis- cussion Paper No. 189-09). The implicit tax rates for contributories were The second step focused on computed and compared for the years 2010, the group of statutory pension recipients (cf. 2030 and 2050. A long-range plan is to cal- MEA Discussion Paper No. 203-10). Pro- culate life-cycle-related implicit taxes for all spective steps are to include all other insured social insurance branches. groups in the analysis, thus ultimately creating a "redistribution balance sheet" for the whole German social insurance system. That 2.12. Redistributive Flows in the German would heighten the transparency of social- Social Insurance System insurance-induced redistribution and pro- Martin Gasche vide a point of departure for future reforms.

The German social insurance system is characterized by large redistributive flows. Aside 2.13. Contribution Determinants in from the redistribution typical of pay-as-you- German Statutory Health Insurance go schemes, such as financial flows from and Social Long-Term Care Insurance compulsorily ensured employees to pension- Martin Gasche ers, numerous other redistributive flows arise, for example, from income-related con- Contribution rates in the German systems of tribution assessment, or from the contribu- Statutory Health Insurance (GKV) and So- tion-free co-insurance of children and non- cial Long-Term Care Insurance (SPV) have employed spouses under statutory health risen in the past, with further increases ex- and long-term care insurance. The individual pected in the future. This project's goal is to social insurance branches moreover com- dissect contribution developments within prise a host of special provisions that gener- these two social insurance branches into a ate interpersonal and intergenerational redis- demography effect, an expenditure effect tributive effects. The manifold triggers of and an income effect. such effects are accountable for a great lack of transparency in overall redistribution It has been shown that the chief "driving within the social insurance system. forces" behind previous contribution rate developments were rate increases, triggered The project set out to make the various redis- primarily by the expenditure effect. Yet it is tributive flows more transparent and to quan- also necessary to differentiate prospective tify them. To that end, the contributions paid rises in contribution rates according to their by specific insured groups (employees, the determinants. Thus the demography effect is unemployed, pensioners and children), age projected to become significant for the de- cohorts, income groups, and by men and velopment of GKV contribution rates be- women were compared with the benefits tween 2025 and 2040. Nevertheless, this they receive, in order to determine a "net effect is likely to be far less salient than one contribution" flow from one group to another, might think. One reason is that demographic or profiting one group rather than another. change does not only produce financial bur-

90 II. MUNICH CENTER FOR THE ECONOMICS OF AGING dens for GKV, but also provides relief be- penditure is projected to rise by 2030 to 14% cause the number of children co-insured under the baseline scenario and 25% under free of charge is on the decline. the realistic scenario. The volume of social compensation paid to pensioners and compulsorily insured employees is likely to be 2.14. Statutory Health Insurance relatively low until 2015; however, by 2030, it Simulation Model (MEA-GKV-SIM) is anticipated to grow to ¤ 15 billion under the Martin Gasche baseline scenario and ¤ 41 billion under the realistic scenario. Together with the general A simulation model has been developed for federal subsidy, the federal government's cur- Bettina Lamla, Researcher both the short-term appraisal and the long- rent 8% funding proportion is expected to (Macroeconomic Implications) term projection of expenditures and receipts, climb to 9% (baseline scenario) and corre- as well as contribution rates and surcharges in spondingly 18% (realistic scenario) by 2030. German Statutory Health Insurance (GKV). Given that GKV and Social Long-Term Care Compared with the former purely income- Insurance (SPV) are scarcely distinguishable oriented contribution system without lump- as regards insured groups and, by and large, sum surcharges, low-income earners now contribution assessment, the model can also bear a somewhat greater burden, whereas be applied to SPV projections after making higher earners have been relieved – yet only the necessary adjustments on the expendi- if the actual surcharge corresponds to the av- ture side. erage surcharge. If a sickness fund with a lower contribution surcharge is chosen, rate progressions are partially reversed and low- 2.15. Analysis and Assessment of Policy income earners may likewise profit from re- Measures in the German Health and Long- ductions, which will be all the greater, the Term Care Insurance Sectors lower their income. Martin Gasche

Reform measures and proposals in these sec- 2.16. Poverty among the Elderly tors are analyzed and assessed with the help in Germany of numerous MEA instruments (e.g. MEA- Martin Gasche in collaboration PENSIM, MEA-GKV-SIM, or the implicit with Bettina Lamla return and implicit tax models). Thus, for instance, MEA-GKV-Sim was used to evaluate There is currently some discussion in Ger- the German Statutory Health Insurance many about the impending rise in poverty Funding Act (GKV-Finanzierungsgesetz) of among the elderly. Pointers in that direction 2010. This law allows health insurance funds are the recent growth of the low-wage sector, to impose lump-sum contribution surcharges increased interruptions in employment biog- without limitation. The concomitant reform raphies – for example, on account of the of social compensation on behalf of low-in- 2001 and 2004 reforms to pension insurance come earners sought to repair two construc- periods and consequent reductions in the tional defects of the former system. For one pension level – unemployment, as well as thing, by calculating the amount of social new forms of gainful occupation such a mini- compensation on the basis of the average jobs or self-employment that fail to generate contribution surcharge, an incentive has pension claims under the statutory scheme. been created for low-income earners to switch to a less costly health insurance fund. Such evidence speaks for a rising number of For another, the announced external financ- recipients of the old-age pension supple- ing of social compensation through the over- ment, hence for poverty among the elderly to arching "health fund" avoids competitive dis- the extent that it is defined along these lines. tortions potentially resulting from intra-fund A reliable quantification of this fact is none- compensation under the previous system. If theless still outstanding. It is impeded by the the standard contribution rate is fixed at lack of information not only about individu- 15.5% and future spending increases are cov- als' previous earnings, retirement provisions ered by contribution surcharges, the share of and savings behavior, but also about the pro- these surcharges in the funding of total ex- jected future earnings of individuals and

91 Report 2010 – 2011

their partners as well as their future behav- und bei Erwerbsminderung) has yet to be em- iors (such as workforce participation, retire- barked upon. The law's overriding intent is ment decisions, or utilization of the splitting to avoid "shamefaced" or hidden poverty. option in the case of survivors' benefits). Under the present regulation, households Furthermore, these figures will depend on must in principle use up their entire finan- prospective macroeconomic developments, cial means before they can apply for the pen- which, for example, decisively impact the sion supplement. Persons or households who level of earnings and the probability of un- plan to bequeath part of their property or employment. who mainly possess illiquid assets may be inclined to refrain from applying for the bene- Despite the fact that the extent of future old- fit in order to protect their assets or avoid age poverty is not certain, numerous and, in battles with red tape. These persons or part, very far-reaching proposals have been households thus live below the basic security made to combat this impending vulnerabili- threshold and, by definition, are therefore ty. The objective of this project is thus to re- poor. Should that be confirmed by the analy- duce the dearth of knowledge by estimating sis, it will have major implications for the prospective old-age incomes. To begin with, law's potential amendment. statutory pension insurance incomes are determined, for example, for a variety of birth The present SAVE study continues to deal cohorts or employment biographies. This with how households regard their future in provides an initial clue whether the above terms of potential neediness. People who evidence for growing poverty among older have not yet retired and are still in gainful people is relevant, and how uninterrupted employment can in principle make sufficient employment biographies in fact influence provisions for old age if they consider their the statutory pension level. previous efforts inadequate. Even so, the future number of claimants of the pension supplement cannot readily be Do households have realistic expectations inferred from these data alone, as this figure for their old-age incomes? In two survey is reliant on additional information concern- waves (2010 and 2011), respondents were ing other forms of retirement income. The asked to estimate their statutory old-age pen- criterion of need, which must be fulfilled in sions. With the help of administrative data order for retirees to be eligible for the pen- links, the correctness of their statements can sion supplement, moreover depends not only be verified. Another important item of inves- on their incomes and assets, but also on the tigation is the effect of anticipated old-age overall financial situation of the partner poverty on the working population's savings (spouse) living in the same household. behavior. Further, respondent data can help identify a potential moral hazard problem on With the support of additional data sources the part of the government. and in-depth analyses, the endeavor is thus to specify future retirement incomes as pre- At what point in time, after reaching the age cisely as possible, and to define neediness of 65, retirees will require means-tested pen- accordingly, in order to deliver a precise sion supplements remains a debatable point. statement on the expected increase in pov- Thus it is highly unlikely that needy persons erty among the elderly – that is, the number will be able to forego basic assistance through of claimants of the pension supplement. their own efforts once they have retired. As On the basis of the 2011 SAVE survey (see they are then no longer in a position to build Project 4.4.) and with the help of links to ad- up any assets, they can only rely on intra-fa- ministrative databases at the Institute for milial transfers. The average duration of gov- Employment Research (IAB), this informa- ernment payment of the supplement can be tion can be obtained at household level. assessed with the help of respondents' subjective expectations of life. A fundamental evaluation of the German "Law governing the needs-based pension In the fall of 2011, the German Federal Min- supplement in old age and in the event of istry of Labor and Social Affairs (BMAS) reduced earning capacity" (Gesetz über eine launched the "Government Dialog on Pen- bedarfsorientierte Grundsicherung im Alter sions" (Regierungsdialog Rente). In that con-

92 II. MUNICH CENTER FOR THE ECONOMICS OF AGING text and in seeking to combat an impending Italy. Financial Support was given by the rise in poverty among the elderly, the BMAS, Network for Studies on Pensions, Aging and along with other actors, proposed the "combi Retirement (Netspar) through the theme pension" and a two-year prolongation of the grant "Financial Literacy: Evidence and Im- non-contributory supplementary period for plications for Retirement Planning, Saving pensions on behalf of persons with reduced Behavior, and Financial Education Pro- earning capacity. The MEA research unit grams". Prof. Annamaria Lusardi, Ph.D. "Old-Age Provision and Social Policy" is to (George Washington University, Washing- accompany this reform process. ton, USA) is co-author and coordinator of the theme grant. Researchers from eight Dr. Tabea Bucher-Koenen, countries participated in the project. The re- Head of Research Unit Health Economics 2.17. Financial Literacy and Retirement sults were published in a special issue of the Planning Journal of Pension Economics and Finance Tabea Bucher-Koenen in October 2011.

Financial knowledge is an important tool for making financial decisions. Our objective is 2.18. Financial Literacy and Private threefold. First, we study financial literacy in Pension Provision Germany on the basis of SAVE – a panel rep- Tabea Bucher-Koenen resentative of households in Germany. We are able to compare financial literacy inter- The objective of this project is to determine nationally because the questions measuring the relationship between financial literacy financial literacy in the American HRS and savings behavior for retirement. State- (Health and Retirement Study) have been subsidized Riester pensions prove to be par- added to SAVE. Second, the unique setup of ticularly beneficial for individuals with a German reunification allows us to compare lower income and for families with children. financial literacy across two German regions Lower income groups including single moth- with different economic structures and with ers have been identified to be at risk of low households with differing experience in this financial literacy. Thus, the central question regard. Third, we examine the relationship arising is: Is the Riester scheme successful at between financial literacy and retirement targeting individuals at risk of low financial planning. In this section we use data from literacy and low retirement savings in order SAVE 2009 to examine financial literacy and for them to provide privately for their old age retirement planning in Germany. In order to income? investigate the nexus of causality between financial literacy and financial decisions we Hypotheses regarding the relationship be- have developed an instrumental variable (IV) tween financial literacy and private old age strategy. provision and Riester savings in particular have been developed on the basis of existing Our findings indicate that knowledge of ba- literature. In the empirical part of the paper, sic financial concepts (interest compound- the relation between financial knowledge ing, inflation, and risk diversification) is lack- and ownership of state-subsidized Riester ing among women, the less educated, and and other non-subsidized private old age sav- those living in eastern Germany. In particu- ings contracts is analyzed. The analysis is lar, those with low education and low income based on SAVE 2009. in East Germany have even less financial literacy compared to their West German Financial literacy is positively related to pri- counterparts. Moreover, we find a positive vate pension saving behavior. impact of financial knowledge on retirement This is true for standard private pensions as planning. Households with low levels of fi- well as state-subsidized Riester contracts. nancial knowledge are less likely to plan for Levels of private pension coverage are par- retirement. ticularly low among individuals in the lowest income quartile, even though it is they that This project is part of an international coop- would profit most from the state subsidies. eration coordinated by the Center for Pen- At the same time they show the lowest levels sions and Welfare Policies (CERP) in Turin, of financial literacy.

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2.19. Instant Gratification and Self Control This project is conducted in cooperation in an Experiment with Children and with Dr. Carsten Schmidt (University of Teenagers Mannheim) and financed through Collabo- Tabea Bucher-Koenen rative Research Center 504 on "Rationality Concepts, Decision Behavior, and Economic We observe school children's preferences Modeling" of the German Research Founda- over time in a food choice experiment slightly tion (DFG). It is about to be concluded, with modified from that of Read and van Leeuwen findings to be submitted for publication. (Organizational Behavior and Human Deci- sion Processes, 1998). We examine the behavior of individuals aged between 6 and 18 in 2.20. Who Lost the Most? Financial order to evaluate how time-related prefer- Literacy, Cognitive Abilities and the ences evolve with age. In contrast to existing Financial Crisis literature dealing with changing discount Tabea Bucher-Koenen rates over the life cycle we do not ask for preferences between hypothetical payoffs but of- This project set out to investigate in what fer tangible choices in the form of Smarties way and to what extent the 2007/2008 finan- (small sugar-coated chocolate sweets) and ap- cial crisis impacted private households, as ples. The pupils are to choose between the well as to analyze how the crisis influenced healthy and the unhealthy food item on two their decision-making behavior. consecutive days. In particular, the following questions were posed: On the first day they are to state their preference regarding the following day's consump- (1) Do persons with a lower level of financial tion, while on the second day they may pick a literacy and lower cognitive abilities suffer food item for immediate consumption. We crisis-related financial losses more frequent- find that most of the 6- to 7-year-olds consist- ly? ently choose chocolate for both future and im- (2) Are persons with a lower level of financial mediate consumption. With pupils aged 8 to literacy and lower cognitive abilities impact- 12 an increase in time-inconsistent behavior ed more in cases where losses are expressed – pupils naively planning to consume an apple as a percentage of assets? the next day and then choosing chocolate for (3) Do persons with a lower level of financial immediate consumption – can be observed. literacy and lower cognitive abilities tend to From age 14 on, a larger share of pupils is so- realize their losses by selling? phisticated in the sense that they plan to and actually do consume an apple in most cases. The survey based on SAVE data, a represent- In accordance with the literature, we observe ative panel of German households (see pro- that girls change their minds more often. ject 4.4.), showed that persons with a lower level of financial literacy invested less often in the stock market and therefore less often reported crisis-related losses. Nevertheless, the probability of selling assets that had fallen in value was greater in the case of financially less literate persons. The reactive behavior of persons with low financial literacy levels could have substantial long-range consequences, particularly with 2.20. Proportion of households participating in the stock mar- a view to the increasing de- ket, by income class: Households with a higher income invest mands on personal responsi- more often in the stock market and therefore report greater bility in old-age provision. crisis-related losses.

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The project was conducted in collaboration The model also suggests an identification with Michael Ziegelmeyer (former member of strategy, namely to focus on consumers with MEA, University of Mannheim; now with poor signals (i.e. low education level) but the Banque Centrale du Luxembourg), and high-level financial literacy, and vice versa. has largely been concluded. Its findings were summarized in a paper that has been submit- These hypotheses were verified with the ted for publication. help of SAVE panel data and a two-stage approach. First, we sought to show that persons with greater financial literacy make 2.21. Riester Pensions and Life more frequent use of financial advisory ser- Expectancy vices but, on average, are less inclined to fol- Tabea Bucher-Koenen in collaboration low the advice given. Secondly, we went on with Sebastian Kluth to analyze the data available for the market of subsidized private pension insurance plans This project worked with SAVE data to ex- in Germany. These data were ideal for our amine whether purchasers of Riester con- purposes because they permitted us to deter- tracts and other kinds of private old-age in- mine whether consumers take out policies surance differ systematically in terms of life with the corporate groups of their financial expectancy from households with no such advisers. We found that advisers exert very private retirement arrangements. Previous much influence here – in doing so, both de- studies on the correlation between life ex- pendent and independent financial consult- pectancy and private old-age provision indi- ants prompt their customers to opt for poli- cate that this insurance market is character- cies offering higher commissions. Finally, we ized by adverse selection. were able to confirm that financially literate persons are less amenable to such influence. Particularly persons with high life expectan- This project has been conducted in collabo- cy tend to purchase private pension insur- ration with Dr. Johannes Koenen (University ance products. Insurers respond accordingly of Bonn), and is currently being introduced by adjusting the underlying life expectancy and revised at a number of conferences. for the calculation of pension payments. Hence, the key question is whether this procedure is also justified for Riester contracts, 2.23. How Financially Literate are given that the government's subsidization of Women? Perspectives on the Gender Gap these pension plans makes them attractive Tabea Bucher-Koenen for a different circle of persons. Provisional findings so far indicate that adverse selection Levels of financial literacy are low in many is also prevalent in the market for state-sub- developed countries. One group that shows sidised Riester pensions. consistently low levels of financial literacy across countries is women. Because of lower incomes during their working lives, interrupt- 2.22. Do Smarter Consumers Get Better ed employment histories, and longer life ex- Advice? An Analytical Framework and pectancies, women are increasingly at risk of Evidence from German Private Pension not having enough resources to support them- Schemes selves in retirement. In this project we docu- Tabea Bucher-Koenen ment gender differences in financial literacy in several countries, including the United The prevailing theoretical and empirical lit- States, the Netherlands, and Germany. When erature regards expert advice as a substitute asked to answer questions measuring knowl- for consumer informedness: better informed edge of basic financial concepts, women are customers tend not to follow the advice giv- not only less likely to answer correctly, but en to them; however, advice-givers fail to they are also more likely to indicate that they take this into account. With the aid of a sim- "do not know" the answer to the financial lit- ple analytical model, we have demonstrated eracy questions. This is an important finding that advisers have an incentive to enhance as financial literacy has been linked to eco- the quality of their advice in proportion to nomic behavior, including retirement plan- their estimation of customer informedness. ning and wealth accumulation. In addition to

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providing information about the respondents' With the help of SAVE data, the survey que- demonstrated financial knowledge, we offer ries how personal preferences for pension data on the respondents' self-assessed knowl- credits or reductions fit into this picture, and edge. We have found significant gender dif- which socio-economic groups exhibit conspic- ferences in self-assessed knowledge as well; uous patterns here. These groups are then women give themselves lower scores than asked what compensation could induce them men and the mismatch between actual and to alter their retirement behavior. The relevant self-assessed knowledge also differs between 2011 SAVE data will be available for assess- women and men. ment toward the middle of 2012, so that initial Sebastian Kluth, Researcher results can be expected by the end of 2012. (Social Policy) We investigate reasons for the gender differences in financial literacy. We discuss the role of specialization within the family, the 2.25. Individualized Supply of Retirement traditional roles of women in society, and the Planning Information in Sweden effect of framing and confidence in financial Marlene Haupt knowledge. As individuals are increasingly being put in charge of their financial well- The sweeping reforms to old age security being before and after retirement, it is criti- schemes over the past 10 to 15 years were re- cally important to enhance women's financial sponses to changing social, political, econom- knowledge to equip them with the tools that ic and demographic parameters. In many Eu- are needed to make informed saving deci- ropean countries, these reforms were even Marlene Haupt, Researcher sions. Several studies show that financial ed- paradigmatic in nature, meaning they were no (Social Policy) ucation programs can be an effective way to longer inbuilt but entailed an overhaul of the promote financial well-being among women. entire old-age pension system. In the process, governments mostly adhered to the three-pil- This project is conducted in cooperation lar model outlined by the World Bank in with Prof. Annamaria Lusardi, Ph.D. (George 1994, comprising statutory, i.e. public, occu- Washington University, Washington, USA), pational and private retirement planning. Prof. Dr. Rob Alessie (University of Gronin- gen, Netherlands) and Maarten van Rooij, Consequently, the progressive extensions to Ph.D. (De Nederlandsche Bank, Nether- multi-pillar systems have resulted in height- lands) and funded by Netspar. ened information requirements on the parts of all actors, depending on the degree and 2.24. Personal Preferences and reach of revisions. This applies equally to Retirement Behavior system administration, including the legisla- Sebastian Kluth tor and social insurance institutions, as well as to the insured, namely present and future This project uses SAVE data to explore the beneficiaries. Higher demands are thus extent to which the retirement behaviors of placed on system administration owing to various socio-economic groups are attributa- additional tasks such as the introduction of ble to their personal preferences for early or information systems and changed infrastruc- delayed retirement as reflected in pension tures (notably the expansion of Internet of- reductions and credits. To that end, the 2011 fers). On the other hand, insured persons SAVE respondents were asked what percent- experience a greater need for information, age of their pensions they would forego if, in especially because of the altered structures return, they were allowed to retire a year ear- and more complex organization of old age lier, or, conversely, what increased percent- provision systems, flanked by wide-ranging age of pension benefit the government would personal decision options and obligations have to offer to prompt them to work a year with regard to occupational and/or private longer. Previous research has shown that in- supplementary insurance. dividual discount rates vary considerably but nevertheless display patterns specific to dif- It follows that the supply of comprehensive ferent types of households. Also, inquiries on information concerning individualized bene- the timing of retirement have revealed that fits and claims under the respective pillars particularly the earners of low and high in- and schemes often forms a major part of the comes tend to retire late. reform process. All the while, European states

96 II. MUNICH CENTER FOR THE ECONOMICS OF AGING have adopted differing strategies in tackling previous work on the subject matter, the aim these issues, with the social democratic re- is not only to illuminate the economic incen- gimes in Scandinavia playing a pioneering tives for individual retirement decisions but role here. The Swedish example, in particular, to encompass a wide-ranging circle of deter- is often cited as commendable in this context. minants. Major variables that have so far It involves a mix of information instruments, largely been ignored or assessed in isolation comprising the statutory pension insurance include state of health, workplace conditions letter (orange kuvertet) and communications as well as the worker's familial and social en- of the occupational pension facilities, as well vironment. Alongside the principal goal of as the Internet portal minpension.se. attaining comprehensive insight into retire- Dr. Matthias Weiss, ment processes, the project also analyzes Academic Coordinator This project, launched at the University of mistakes made in previous econometric Koblenz-Landau and continued at the Max studies due to the omission of potential de- Planck Institute for Social Law and Social terminants of retirement decisions. Policy, aims to analyze the Swedish model of retirement planning information, and to assess the possibilities and limits of applying it 3.2. Pensions for Reduced Earning to the German system. Profiting from Swedish Capacity and Health Status experiences and problems, these findings can Axel Börsch-Supan eventually contribute to the discourse about introducing a similar information model for The prevalence of pensions for reduced cross-pillar old age provision in Germany. earning capacity fluctuates considerably within Europe. In Scandinavian countries, the rate is over 15% for persons aged 50 to 64; in Germany, it is 5%; in Greece, it is be- 3. Health Economics low 3%. This project examines the extent to which these differences are attributable to The research unit "Health Economics" in- demography, health status, or incentive vestigates interactions between economics structures in social insurance schemes. It is and economic decisions on the one hand, based on SHARE data and is laid out long- and morbidity and mortality on the other. term. The findings of initial project phases These interactions have scarcely been ex- show that the health status within a coun- plored, yet they raise fundamental questions, try's labor force has a bearing on the proba- such as the following: How do health and life bility of workers receiving a pension for re- expectancy correlate with income level and duced earning capacity; this influence education? How often are retirement deci- nevertheless vanishes almost completely in sions made for health reasons, how often for the international comparison. economic reasons? What does that signify for public and private old-age provision schemes? In what direction is the annuity 3.3. The Influence of Group Structures market in particular expected to develop? To on the Sickness Absence Rate what extent is morbidity-based adverse se- Matthias Weiss lection likely to increase? In how far are the morbidity criteria applied to selection on an- The sickness absence rate is higher than aver- nuity markets in fact indicative of mortality? age among older employees. This project endeavors to find the reasons for this correlation. Though many studies have been devoted 3.1. Health and Retirement Behavior to the determinants of sickness leave in com- Axel Börsch-Supan panies, an entirely neglected factor so far has been how employee group structures influ- This externally funded project (U.S. Nation- ence sickness-related absenteeism. The data al Institute of Aging, NIA, via the RAND collected from the truck assembly plant of Corporation, Santa Monica, California) Mercedes-Benz in Wörth (see project 3.9.) seeks to analyze the determinants of retire- are especially well-suited for this inquiry as ment behavior in Germany, Italy, the Nether- they contain information on who worked with lands and the United States. In contrast to whom in a team on a particular day. Thus, for

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instance, we can calculate from day to day 3.5. Education and Cognitive Abilities how many years a worker is older than the av- Fabrizio Mazzonna erage of his or her teammates. Also other personal characteristics (seniority, education and The large correlation between cognitive abil- training, nationality or gender) can be corre- ities at older ages and education is well docu- lated with the group average for each day. We mented in the literature. However, this as- can therefore query, say, whether older em- sociation needs to be interpreted with ployees are sick more frequently if they work caution because of its potential reverse cau- together with much younger colleagues. sality and indirect effects of unobserved fac- Fabrizio Mazzonna, Ph.D., Senior tors. This project tries to disentangle this as- Researcher (Health Economics) sociation by looking at the effect of the 3.4. Aging, Cognitive Abilities increase in schooling that took place in Eng- and Retirement land as a result of the 1947 reform, which Fabrizio Mazzonna raised the compulsory school leaving age from 14 to 15. The reform affected a very In this project we examine the question of hu- large proportion of the population aged 14 man capital depreciation at older ages by ana- that year, decreasing by around 50% the pro- lyzing the age-related decline in cognitive portion of people who left full-time educa- abilities in conjunction with retirement. In tion before age 15 in comparison with the particular, we want to address the question of previous year. whether retirement leads to cognitive decline. Following the standard human capital ap- Causal effects of the extra year of education proach we predict a decline in cognitive are estimated by comparing the cognitive abilities after retirement due to the fact that outcomes of individuals who reached age 14 individuals have no longer any market incen- just before the reform was implemented to tives motivating them to invest in their cog- the cognitive outcomes of similar individuals nitive abilities once they have retired. This who reached age 14 just after. The specific theoretical prediction has been confirmed by cognitive outcomes analyzed are memory our empirical analysis that uses data from and verbal fluency, both measured every two the Survey on Health, Aging and Retirement years over the period 2002-08 in a large sam- in Europe (SHARE). ple of older adults in England.

An implication of our result is that incentives The possible explanations for the existence of to early retirement and mandatory retire- such a causal effect of early-life education on ment rules cause important losses of human late-life cognitive function are also discussed. capital. Taking their evidence on cognitive function together with the evidence on the causal effects of education on other outcomes from other

3.5. Proportion of pupils who have left full-time education before the age of 15: Significant decrease starting with the 1933 birth cohort (graduation year: 1947).

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3.6. Effect of childhood SES on old age income: extra years of full-time education compensate for the long-lasting effect related to childhood SES. studies, we argue that the extra year of school- differences may be largely explained by the ing raises an individual's labor market opportu- different historical efforts of the various Euro- nities, which, in turn, has positive effects on pean countries to increase the educational at- his or her cognitive abilities. To this end, the tainment of the whole population. stronger effect for men than for women is consistent with the labor market patterns over the second half of the twentieth century, which 3.7. Older People's Statements on show markedly lower lifetime female labor their Childhood Circumstances force participation rates for these cohorts. Fabrizio Mazzonna

Early life events are important to social scien- 3.6. The Long-Lasting Effects of Parental tists in predicting an individual's outcome in Socio-Economic Background adulthood. However, one needs to have de- Fabrizio Mazzonna tailed data on the lives of individuals from birth to adulthood. Unfortunately, prospective This project investigates how and to what ex- surveys like nationally representative cohort tent disparities in family socio-economic sta- studies involving long-term observation of in- tus (SES) during childhood may have long- dividuals are expensive and available for a lim- lasting effects on old age health, income and ited number of countries only (e.g. US, UK). cognition. This is accomplished by exploiting the variability of these effects across 11 Euro- The alternative is to collect retrospective in- pean countries using the third wave of formation where individuals provide subjec- SHARE, which collects retrospective infor- tive assessments on their health status and mation on the respondents' family background living conditions in childhood, as well as on during their childhood. The analysis reveals their experiences regarding health, education, large differences in old age health, income employment, life satisfaction, etc. However, and cognition among individuals who grew up there is wide skepticism about the ability of in poor or, respectively, better-off families. old age respondents to recall with good accuracy events which happened decades ago. However, we observe large differences in this gap among the 11 European countries. Our This project seeks to provide evidence about analysis seems to suggest that cross-country the quality of retrospective assessments of in-

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dividuals aged 50+ regarding their childhood Collaboration partners in this project are histories in the 3rd wave of the Survey of Prof. Dr. Joachim Winter (Ludwig Maximi Health, Ageing and Retirement in Europe lian University of Munich), Dr. Amelie Wup- (SHARE). Thanks to the cross-country di- permann (Johannes Gutenberg University of mension of SHARE, we can use external data Mainz) as well as Dr. Ingrid Schubert and (i.e. per capita income, average years of Peter Ihle (PMV Research Group, University schooling and war episodes) at country level of Cologne). to provide some external validity on variables related to socio-economic status during child- Helmut Farbmacher, Senior hood, hunger and financial hardship episodes. 3.9. Extensions to the Hurdle Model Researcher (Health Economics) Helmut Farbmacher

3.8. Practice Fee and Consultation Hurdle models are frequently used in empiri- Behavior cal health economics to flexibilize count data Helmut Farbmacher modeling. Consultation rates, for instance, can be regarded as a two-tier process here: be- One goal of the 2004 health reform in Ger- fore the first visit to the doctor, solely the pa- many was to create financial incentives for the tient makes the decision to seek consultation; insured to alter their behavior in consulting subsequently, also the physician influences physicians. A key instrument here was the in- the number of additional consultations. In troduction of the so-called practice fee (quar- most empirical studies, the hurdle model is terly flat-rate co-pay for office visits). This pro- based on two different variants of negative bi- ject sets out to determine how that measure nomial regression. We aim to develop a more has altered insured persons' behavior. A fee general model comprising both variants as a accounting dataset of the sickness fund Allge- special case. Suitable parametric restrictions meine Ortskrankenkasse (AOK) in Hesse is will thus also permit us to test the appropri- used for this purpose, enabling us to monitor ateness of common variants. insurant behavior before and after the reform. Presuming that insurants may have responded differently to the reform – depending on individual necessity for seeking medical advice – we have de- vised a bivariate probit model with several latent classes. It shows that healthier insurants react more intensively to the reform than persons who tend to be sick more often. Fur- ther, we apply a unique identification strategy to gauge the 3.8. Price index development in the German health care sys- practice fee's causal effect, tem: Significant rise in the year 2004 (source: Federal Statisti- utilizing the exogenous varia- cal Office of Germany). tion that arises in the level of out-of-pocket payments, given that the fee 3.10. Long-Range Effects of Workload must be paid only once per calendar quarter. and Maternity on Health in Old Age This strategy enables us to sever the practice Helmut Farbmacher, Axel Börsch-Supan and fee's effect from other parts of the reform (e.g. Tabea Bucher-Koenen in collaboration with the concurrent rise in patient co-pays for medi- Lisa Berkman, Harvard University cations). Overall, the health reform has generated a five-percentage-point decline in the Numerous studies in empirical health eco- probability of insurants consulting a doctor at nomics are devoted to the search for critical least once. Thanks to the identification strate- periods in human life that are of particular sig- gy, we know that not less than half of this out- nificance to health and well-being. For wom- come was caused by the practice fee. en, such a critical phase may be the time prior

100 II. MUNICH CENTER FOR THE ECONOMICS OF AGING to and after childbirth, especially if stress fac- on the one hand, to reduce the number of tors from working life aggravate the situation. health impairments suffered by children The objective of this project is to highlight the and, on the other, to cushion the blow of specific long-range effects of the double load health shocks. These two mechanisms must of parenting and work on health in old age. be distinguished in order to better understand health inequality in childhood and to A special challenge in this context is to iden- devise policy measures to lessen such ine- tify causal effects. One criterion used is the quality. Early findings suggest that both fac- variation in statutory maternity periods among tors contribute to mounting health inequality European countries and the changes wrought with increasing age. Incidences of certain by previous reforms, thereby employing data diseases as well as the negative long-term ef- from the SHARE study, a Europe-wide survey fects of individual ailments correlate with of older people (see above). These data fur- parental income. nish information about early life events as well as present health conditions. 3.13. Social Determinants of Mental Illnesses 3.11. Education and Health Eberhard Kruk Eberhard Kruk Recent decades have witnessed a consider- The subject matter of this project centers on able increase in the diagnoses of mental the causal relations between health and edu- illnesses. The most frequently diagnosed cation. The first part looks at the effects of conditions include depression in the elderly health on the school readiness and cognitive and attention-deficit/hyperactivity disorder development of children starting school, (ADHD) in children. This project looks into whereas the second explores how education social causes underlying these illnesses. affects adult health. The previous literature has, for example, The findings obtained thus far are of a highly brought to light correlations between human heterogeneous nature. They fail to suggest environmental conditions and mental health. that education invariably impacts people's To date, however, the causal mechanisms be- health status in a favorable way, showing hind such correlations often remain less rather that effects tend to vary from one edu- well-understood. We in our projects there- cational reform to another. For example, an fore focus on the elaboration of causal agents additional school year in Great Britain has no in seeking to explain psychological disorders. significant impact on physical stress levels (measured by biomarkers). One subproject deals with the correlation between fertility and the probability of developing depression in old age, thereby drawing 3.12. Health Inequality in Childhood upon SHARE data for the analysis. The key Eberhard Kruk novelty here is the use of instrumental variables to determine the number of children, Within this project framework, we seek to making it possible to identify causal effects. improve our understanding of health inequal- Initial results indicate that large numbers of ity. It is a well-known fact that income-relat- children had do not correlate with a lower ed health inequality is already very pro- probability of depression in advanced age. nounced in childhood – that is, children of Under certain circumstances, additional affluent households are healthier on average children even heighten the risk of mental than those of poor households. A number of illness. studies have moreover found that this form of inequality increases as children grow older. A second subproject poses the question In our study, we thus investigate and describe whether changes in familial surroundings in- the mechanisms underlying such inequality. crease the likelihood that children will develop ADHD symptoms. The data for this A subproject uses British panel data to sur- investigation stem from the U.S. National vey whether higher parental income is able, Longitudinal Survey of the Youth. With the

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help of econometric procedures, it is possi- At the same time, by using health shocks as ble to distinguish between time-constant ef- a variable accounting for a person's health fects (e.g. genetic disposition) and time- status, we avoid the potential bias of using based variables. Initial findings show that self-reported health information and elimi- the events surveyed (father leaving the nate person-specific association between in- household and birth of a sibling) significant- dividual characteristics and labor market ly raise ADHD probability. outcomes. In countries with an aging population it is important to understand the relationship be- Liudmila Antonova, Guest 3.14. Health Shocks and Joint Retirement tween health dynamics and retirement deci- Decisions sions in order to evaluate the effectiveness of Liudmila Antonova social programs designed to prevent or cure diseases. The study is aimed to investigate the causal effect of one spouse experiencing a health shock, a new restriction in his or her activi- 3.15. Education-Related Inequalities in ties of daily living (ADL) or the onset of a Dental Service Utilization by Europeans disability on the retirement decisions of both Aged 50+ spouses. We will study the subsample of Stefan Listl married individuals in the SHARE data set and will use second and third waves to ob- The purpose of this study is to describe edu- tain information about changes in their cation-related inequalities in dental service health and retirement status, as well as about utilization by the elderly populations residing other socio-economic and demographic vari- in different European countries. The analy- ables. sis relies on data from the Survey of Health, Ageing, and Retirement in Europe (SHARE While the result that declines in health con- Wave 2) which contains information on the dition cause earlier retirement is recognized utilization of dental services by individuals in the literature, the cross-spouse effect is aged 50+ from 14 different countries (Po- potentially ambiguous. On one side, the "lei- land, Spain, Italy, Ireland, the Netherlands, sure complementarity effect" might come Belgium, Greece, the Czech Republic, Aus- into play, with spouses trying to retire at the tria, France, Denmark, Switzerland, Germa- same time in order to be able to enjoy their ny, and Sweden). leisure time together. On the other side, some scholars have found evidence of the Education levels are classified according to added-worker effect, where spousal employ- the International Standard Classification of ment acts as a type of insurance for the other Education (ISCED). Inequalities in dental spouse's income. Thus, health shocks expe- attendance, preventive and/or operative den- rienced by one spouse or retirement of the tal treatment are assessed by means of con- latter could prompt the other spouse to retire centration indices (CI). Disproportionate later. concentration of dental service utilization is identified among the better educated elderly The study has the advantage of combining populations in 13 out of 14 countries. Aus- the two recent trends of literature: consider- tria was the only country for which there was ing retirement decisions in the family con- no evidence of significant inequalities. text and using health shocks and new ADL restrictions and disabilities as a measure of By and large, these findings suggest that ed- health status. By studying the joint retire- ucation plays an essential role for dental ser- ment decisions of spouses we are able to es- vice utilization by elderly populations resid- timate the full effect of health changes on ing in Europe. This project is conducted in retirement decisions, the latter of which may cooperation with Dr. George Tsakos (Univer- be influenced not only by one's own poor sity College London) and financed via a health, but also by the poor health of the post-doctoral fellowship of the Medical Fac- spouse. ulty of the University of Heidelberg.

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4. Macroeconomic Implica- 4.2. Subjective Retirement Expectations in SAVE tions of an Aging Society Michela Coppola in collaboration with Christina Wilke (Hamburgisches WeltWirt- Population aging and demographic change schaftsInstitut) have numerous macroeconomic implications for capital, labor and consumer markets. A This project's goal is to survey the subjective top priority of this research unit is to analyze retirement expectations of German house- the microeconomic foundations of these pro- holds with the aid of the above SAVE study, Dr. Michela Coppola, Head of cesses. It thereby focuses on the savings be- and to elucidate what factors influence the Research Unit Macroeconomic havior of households – with a specific view to timing of retirement arrangements. A further Implications retirement provision, its distribution and in- endeavor is to isolate the effects of previous fluencing variables. Of particular interest are pension reforms on anticipated retiring age, relations between the three pillars of old-age and thus to appraise the efficacy of various provision (i.e. public, occupational and pri- incentives. Differences in the ability of spe- vate) as well as the influence of personal em- cific groups to adapt and how quickly they do ployment histories on retirement planning. so are likewise illuminated. Furthermore, the team is entrusted with the design and implementation of the study The analysis drew on SAVE data (waves called SAVE (Sparen und AltersVorsorgE), a 2005 to 2009), paying particular attention to panel survey following a representative sam- potential distortions caused by losses of pan- ple of German households, thus providing an el respondents from one survey wave to the ideal database for empirical research into the next (panel attrition) and by nonresponse to above subjects. the question of anticipated retiring age (item nonresponse). The results show that the Labor market issues are likewise investigat- 2007 increase in the statutory pension age ed; here, lifelong developments in labor pro- limit has indeed prolonged younger genera- ductivity and the attendant consequences tions' expectations for entry into retirement for an aging society form an additional prior- by around two years, although the average ity area of research. To that end, two exten- anticipated retiring age is still below the stat- sive studies on mixed-age teams are current- utory limit. The analysis moreover indicates ly being conducted in a large industrial that better-trained employees expect to re- concern and a large insurance company. tire later. As was the case before the reform, women plan to retire earlier than men.

4.1. Demographic Change, Human Capital, Pension Reforms and Welfare 4.3. The Income and Asset Situation Axel Börsch-Supan in collaboration of German Baby Boomers with Edgar Vogel Michela Coppola

This project spotlights the macroeconomic The financial circumstances and pension effects of aging in a model based on endoge- prospects of so-called baby boomers (i.e. nous human capital and open economies. persons belonging to the post-war generation The main emphasis is on the correlation be- characterized by high birth rates) have in re- tween the incentive effects of diverse pen- cent years been a cause of worry in the Unit- sion insurance adjustment mechanisms on ed States, and have thus roused a great deal human capital accumulation, and the result- of attention there. In Germany, by contrast, ant adjustment dynamics within a general these issues have only seldom been ad- equilibrium model. The study has been ex- dressed so far. panded by the important premise that human capital tends to be static, whereas phys- Based on the above SAVE study on saving and ical capital is internationally mobile. The old-age provision in Germany, the project ex- project seeks to quantify this distinction. It is amines the present income and asset situa- to be further extended by the subject "health tion of the baby-boomer generation, the aim capital" under the EU project "ProLong". being to obtain preliminary insights into this generation's retirement arrangements for the

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future. It has been found that in comparison Under SAVE, some 2,500 households are to other cohorts, German baby boomer house- surveyed annually in Germany. The compre- holds are relatively well off in terms of both hensive questionnaire includes highly de- their incomes and their assets. Despite more tailed queries concerning their financial frequent spells of unemployment, their aver- standing and savings behavior, flanked by a age disposable net income per month corre- series of socio-economic, behavioral and so- sponds to that of other cohorts at the same cio-psychological inquiries. Numerous ques- age. In addition, these households have actions on savings behavior can only be ana- cumulated larger monetary assets than the lyzed longitudinally, notably those regarding previous generation. changes to households and their income circumstances, as well as savings and consumer The income situation expected after retire- behavior. For this reason, MEA is construct- ment, however, is less favorable for the baby ing a panel on the basis of the SAVE survey; boomer generation, especially as the antici- necessary tasks include the preparation of pated early age of retirement could entail questionnaires, the processing of data, and marked pension cuts. To what extent such po- the development of a procedure for the im- tential reductions can be cushioned by private putation of missing responses, as well as ap- assets remains an open question. At any rate, praisals of the SAVE dataset within the scope for a large majority of these households, hith- of various research endeavors. erto accrued net assets do not appear high enough. Yet the message that government A new concept was created for wave 2011 in pensions alone will no longer suffice in future collaboration with the Institute for Employ- to sustain their habitual standard of living has ment Research (IAB) of the German Federal evidently reached the baby boomers them- Employment Agency; Stefan Bender is in selves. To mitigate this generation's old-age charge on the part of IAB. SAVE is used as poverty risk, steps must be taken to extend the point of departure for building up a novel their working lives and to reinforce their skills linked dataset targeted exclusively at the and work capacity through further training. analysis of old-age provision and security. Survey preparations and the clarification of pertinent data protection aspects were com- 4.4. Saving and Old-Age Provision in pleted in fall 2011; data collection is cur- Germany (SAVE) rently in the hands of TNS Infratest. Axel Börsch-Supan (Principal Investigator) in collaboration with Michela Coppola and The new dataset is to permit the linking of Bettina Lamla SAVE data not only with administrative data from IAB (and perhaps the German Pension A major acknowledgement of previous re- Insurance Scheme), but also with the data of search projects on savings formation in Ger- a prospective employer survey. The latter many has been that the available data (such link is to be established via the SAVE re- as those obtained from the income and consumption sample (EVS), the debit & credit questionnaire "Soll und Haben", or the socio- economic panel (SOEP)) set narrow limits to findings because of considerable gaps in the scope and breadth of such surveys. The SAVE study was first conducted in June 2001 in cooperation with TNS In- fratest; its representative household sample marks a first step in the closing of 4.4. SAVE data is interlinked with administrative records of the these gaps. IAB Institute for Employment Research and with employer data.

104 II. MUNICH CENTER FOR THE ECONOMICS OF AGING spondents' social insurance numbers record- the Volkswagen Foundation. Project collabo- ed in the 2011 wave. This threefold nexus rators are the Institute for the Study of Labor (household, administrative and employer (IZA) (Prof. Dr. Armin Falk; Dr. Thomas data) will for the first time furnish an inclu- Dohmen; David Huffman, Ph.D.; Dr. Uwe sive and up-to-date picture of the old-age Sunde; "Subproject 1 – The Economic Im- provision situation in Germany. The SAVE portance of Preferences in an Aging Society: dataset will thus be used to analyze content- Analyses of the German Social Economic related questions (e.g. whether poverty Panel Survey Data"); the Max Planck Insti- among the elderly is likely to rise in future or, tute for Human Development and the Berlin put differently, whether claims to the old-age Neuroimaging Center (Hauke Heekeren, pension supplement are likely to increase) as M.D., Ph.D.; Prof. Dr. Ulman Lindenberger; well as methodological aspects (e.g. the de- Prof. Shu-Chen Li, Ph.D.; "Subproject 3 – gree of variance between respondent state- Neural Basis of Risk Processing and Invest- ments and the corresponding administrative ment Behavior in Aging American and Ger- data, and the extent to which such variance man Baby Boomers"); as well as Stanford correlates with personal characteristics). University (Prof. Dr. Brian Knutson; Prof. Dr. Laura Carstensen; likewise Subproject 3).

4.5. Decision Areas and Risk Preferences The savings behavior of baby boomers con- Michela Coppola stitutes a key element in discerning the economic effects of an aging society. The above This project inspects how far risk preferenc- venture uses a multimodal research ap- es can be distinguished according to deci- proach in its investigation of age-related dif- sion areas. While economists model risk ferences in risk-laden decision areas. Nu- preferences by means of individual parame- merous empirical studies already suggest ters (e.g. curvature of the utility function), that risk preferences are dependent on age. and hence suggest that risk preference is a Now, additional criteria such as financial singular and stable construct, psychologists standing, gender or level of education are to consider this point highly debatable. be appraised with the help of SAVE data.

Using a confirmatory factor analysis the SAVE Imaging studies conducted by the Berlin data show that the area in which decisions project group provide insights into the neu- are made affects subjective risk preferences, ronal foundations underlying age-linked vari- although the correlation between prefer- ations in risk processing. Concurrently, sig- ences in the different areas is higher. Sepa- nificant SAVE questions (regarding rate analyses based on age groups moreover socio-demographic issues as well as financial confirm that risk structures are not uniform circumstances, risk preferences and motives for younger and older respondents. In par- for saving) permit a comparison of sample ticular, correlation between risk preferences representativeness. In taking this approach, may be greater among younger respondents German baby boomers are contrasted with in some decision areas, but greater among younger adults in respect of their risk-seek- older respondents in others. ing behavior and their corresponding neu- ronal correlates.

4.6. Risk Preferences and Savings Behavior of German Baby Boomers: 4.7. Age and Labor Productivity A SAVE Data Analysis in Truck Assembly Michela Coppola Matthias Weiss in collaboration with Axel Börsch-Supan This research undertaking entitled "Sub- project 2 – Loss Aversion and Savings Behav- Demographic change will bring in its wake a ior in Aging German Baby Boomers: Analyses massive aging of manpower over the next 20 of the German SAVE Survey" forms part of years. Against this background, we have set the project "Behavioral and Neurobiological out to explore correlations between worker Foundations of Risk Preferences in American age and labor productivity. For this, we use a and German Baby Boomers" sponsored by unique dataset that correlates records of er-

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rors made in truck assembly at the Mercedes- 4.9. Age and Labor Productivity Benz plant in Wörth with pertinent details of in the Insurance Industry the workers' personnel files. We monitor 100 Matthias Weiss in collaboration teams with 3,800 assemblers on approxi- with Axel Börsch-Supan mately 1,000 work days. In contrast to the existing literature, the size and abundance of This project likewise employs empirical the dataset enables us to solve methodologi- methods to investigate correlations between cal problems that typically arise in this type employee age and labor productivity. The of study (such as selection bias or endogene- modus operandi corresponds to that used in ity of age composition). Initial findings sug- the study "Age and Labor Productivity in gest that labor productivity in truck assembly Truck Assembly", but is applied to the ser- does not decline until the age of 60. vice industry instead. To that end, we approached a large insurance company for the collection of data appropriate to the subsequent statistical analysis.

To measure productivity, day-to-day performance indicators are determined for in- house task groups – for example, the number of new policies entered into the system, the number of claims processed, or the number of phone calls made. These indicators are then linked up with personnel data. The project is currently in the data collection and processing phase.

5. Survey of Health, Ageing and Retirement in Europe (SHARE) 4.8. Are Mixed-Age Teams Better? Matthias Weiss How do people age in the countries of the European Union? Answering this question is Mixed-age teams have been demanded time one of the objectives of the international sur- and again as an option for the productive em- vey "50+ in Europe" – a project coordinated ployment of older manpower. Empirical re- by Axel Börsch-Supan. The Survey of Health, search on the productivity effects of mixing Ageing and Retirement in Europe (SHARE) ages is nevertheless missing so far, and so – thus the official project designation – was this project aims to help close this gap. The first conducted in 2004 in 11 European advantages of heterogeneity (in terms of age, countries using a representative population but also education, nationality, seniority and sample of people aged 50 and over. The sec- gender) are obvious: heterogeneous groups ond survey wave, from fall 2006 to spring meld the strengths of different employees 2007, involved 30,000 respondents in alto- and can thus profit from complementarities. gether 14 European countries and Israel. The downsides are somewhat subtler: heter- The third wave of data collection on retro- ogeneity in work teams is apt to impede com- spective life histories (SHARELIFE) took munication and lessen group cohesion. place in 13 European countries in 2008/2009. The data collected thus far as well as initial Which of these aspects predominate consti- research findings were presented on 24 No- tutes an empirical question. To solve it, we vember 2010 on the occasion of an official use the data obtained for the above project, ceremony hosted by the European Union in "Age and Labor Productivity in Truck As- Brussels. The fourth survey wave is currently sembly", conducted at the Mercedes-Benz in progress. Plant in Wörth.

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5a. Robert-Jan Smits (Director at DG Research, European Commission), Prof. Axel Börsch- Supan, Ph.D. and Dr. Martina Brandt (left to right): Presentation of first findings in Brussels on 24 November 2010.

Some 60,000 participants are meanwhile be- 5.1. SHARE Survey Management ing surveyed at two-year intervals, permitting Axel Börsch-Supan (PI) in collaboration with scientists to monitor changes in the econom- Martina Brandt, Kathrin Axt, Yvonne Berrens, ic, health and social circumstances of senior Johanna Bristle, Christin Czaplicki, Christine citizens in Europe. This sheds light on how Diemand, Christian Hunkler, Thorsten Kneip, these persons cope with incisive events in Julie Korbmacher, Markus Kotte, Ulrich the course of their lives, such as retirement Krieger, Frederic Malter, Sabine Massoth, or widowhood, or how altered institutional Theresa Mutter, Gregor Sand, Barbara frameworks (e.g. in health care or pension Schaan, Eva Schneider, Morten Schuth, schemes) impact the quality of life of older Stephanie Stuck and Sabrina Zuber Europeans. This undertaking strives to firmly establish The information collected under the "50+ in the Survey of Health, Ageing and Retirement Europe" research venture is meanwhile used in Europe (SHARE), conducted for the first by over 2,000 scholars around the globe. time in 2004 – 2005, and repeated in subse- Three comprehensive summary volumes quent waves of data collection in 2006 – have been published in English, along with a 2007, 2008 – 2009 and 2010 – 2011, as a host of articles in academic journals docu- long-term European research infrastructure menting the extensive scientific data analy- at the free disposal of academics, with a ses. Only thus is it possible to support scien- strong German base funded by the Federal tifically verified decision-making within the Ministry of Education and Research realms of national and European policy, and (BMBF). Further plans are to extend the to target opportunities created by demo- survey by fifth, sixth and seventh waves un- graphic change. der SHARE-ERIC Phase II.

With meanwhile over 60,000 respondents aged 50+, SHARE already now fur- nishes a worldwide unique database on the living conditions of older people in currently 20 European countries (including Israel). Additional accessions to SHARE and enlargements of the country samples are in preparation. 5b. Interplay between economic, health, and social factors in SHARE is distinguished by shaping older people's living conditions. its thematic diversity and

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multi-disciplinary approach, as well as by its assurance of strict cross-national compa- rability and its longitudinal perspective. This is deemed the only way to obtain a full picture of the aging process as both an individual and a societal phenomenon. Christine Diemand, German SHARE Country Operator Here is a list of the individual research themes:

. Gainful employment 5.1a. Number of registered SHARE users by countries. and retirement The inquiry seeks to determine what factors "incentive schemes and interviewer ef- (notably health and pension insurance re- fects", as well as "methodological aspects forms) impact the retirement decisions and of linking survey data with official statis- life situations of older people. To that end, it tics and biomarkers". is necessary to monitor individuals over a Markus Berger, SHARE Public space of time before and after they retire. Relations 5.2. Multinational Advancement of . Informal work, productive aging Research Infrastructures on Aging and employment histories Axel Börsch-Supan (PI) with Frederic Malter, The prime intent here is to explore how vol- Martina Brandt, Christine Diemand, Christian unteer work changes over time – particu- Hunkler, Marie-Louise Kemperman, Thorsten larly in relation to "critical" life events. Kneip, Markus Kotte, Ulrich Krieger, Sabine Massoth, Gregor Sand, Barbara Schaan, Eva . Intergenerational relationships Schneider, Morten Schuth, Stephanie Stuck, Along with a differentiated investigation Sabrina Zuber. into determinants for the division of elder- care work between the family and the wel- The project is designed to follow seamlessly Yvonne Berrens, Program fare state, the life course perspective is yet the 7th FP-funded SHARE-LEAP project, Administrator again in the foreground here. The main ob- which delivered a re-designed survey instru- jective is to look at how familial ties develop ment for the fourth wave in autumn 2010. in the course of time and what overall con- Beginning there, this project will fund all key ditions foster stable relationships between supranational tasks in the years 2011 through generations. 2014. These tasks include control and dissemination of waves 4 and 5, and prepara- . Social determinants of health inequality tion of innovations for waves 5 and 6. The Also and especially in Germany, health and entire project is divided into 16 work pack- mortality are crucially dependent on socio- ages and distributed across 13 participating economic status (income, education). Many research centers all over Europe which make Gregor Sand, SHARE Operations of the reasons are known, but not their up part of the entire SHARE research infra- weight nor, in numerous cases, their effec- structure. tive direction. This research field expects to receive major stimuli from accessing the The project aims at intensifying and extend- retrospective data of SHARELIFE, as well ing the network of scientists involved with as from the collection of additional biomet- SHARE by organizing conferences for ric data under the fourth SHARE wave and SHARE designers and SHARE users to fos- the externally funded CHANCES project ter the culture of cooperation between de- (see 5.3.). signers and users. The SHARE consortium will develop standards and procedures with- . Methodological accompanying research in the network to make more efficient use of Sabrina Zuber, SHARE Data Base The main priority areas here are "valida- the research infrastructure. We will offer Management tion", "age effects in response behavior", training programs for users and support their

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Kathrin Axt, Head of SHARE Administration

5.1b. Development index of the number of registered SHARE users. multinational usage of SHARE data by a decentrally, are necessary to remain at the Markus Kotte, SHARE Data Base more efficient centralized data management frontier of empirical science and to strength- Management that provides detailed synopses and concord- en the genuine European character of ances across member countries. We will co- SHARE. ordinate this work with our sister surveys in the UK, US, China, India, Japan, Korea and We aim at addressing the following research Thailand, providing a platform for global ac- questions through this project: cess to data on aging. (1) Researchers do not have sufficient data We will support the scientific community to study the many complex interactions be- and their access to the wealth of SHARE tween health, gender, economic and socio- data by free web-based access to data, para- psychological status: Why do the rich live so data and all support information from two much longer than the poor? Why are women Dr. Frederic Malter, Assistant SHARE Coordinator (Operations) archives. We will push the state-of-the-art in less healthy but live longer than men? How interdisciplinary panel design further in two will this change in the future with the change dimensions, namely methodology and sub- in gender roles and labour force participa- stance. tion? Since data linking mortality to wealth is largely lacking, we do not know if pensions In terms of methodology, we will exploit the redistribute from the poor who live shorter to internal information on response behavior the wealthier who live longer. from the earlier waves to design more targeted survey methods in the waves covered (2) Researchers do not have data on savings by this project. Moreover, we will develop behavior and labor market participation in multi-mode survey techniques adapted to order to assess whether current pension and the age classes represented in our sample in labor market reforms that will reduce the order to save money and reduce respondent generosity of the welfare state will be suc- burden. In terms of substance, we will de- cessful. Will people save enough on their velop innovative questionnaire modules on own to make up for the resulting pension in- biomarkers, physical health, social networks, come gap? What will happen to other forms pension claims, time use and nutrition. We of savings, e.g. owner-occupied housing, and will develop income concepts that are har- how will housing prices and markets be af- monized across countries, thereby taking ac- fected? count of the different tax and social insurance systems, and provide anchors to the (3) Researchers do not have sufficient longi- income concepts used in EU-SILC. These tudinal data about labor force participation of supranational tasks, while difficult to finance older men and women and the process of re-

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tirement. While we have some information generational redistribution through pen- from household and labor surveys, we do not sions, health and long-term care insurance? have health and social inclusion data going In which regions of the EU will social exclu- with it, supposedly major determinants of the sion be a major problem for older adults? retirement process. We do not have the longi- How is exclusion related to the economic tudinal data necessary to understand wheth- status of older people, and what are its so- er a certain extent of labor force participation cial, psychological and health effects? fosters active and healthy aging. How is partial retirement related to job conditions, in Morten Schuth, SHARE Data particular chronic work stress? 5.3. CHANCES – Consortium on Health and Base Management Ageing: Network of Cohorts in Europe and (4) Disability insurance has turned out to be the United States a costly social programme. Uptake rates vary Barbara Schaan in collaboration dramatically across EU member states. Is with Axel Börsch-Supan (PI) this due to the generosity of disability insurance, or variations in actual health? Re- CHANCES is the acronym for a large-scale searchers do not have the medical data to collaborative project funded by the European measure disability rates comparably and reli- Commission within the Seventh Framework ably to answer these questions. Researchers Program, and coordinated by the Hellenic also lack the longitudinal data necessary to Health Foundation. The Survey of Health, investigate the side effects of changes in Ageing and Retirement in Europe (SHARE), Stephanie Stuck, Head of SHARE pension and unemployment insurance ben- coordinated by MEA, constitutes one of 14 Data Base Management efits on disability claims. subprojects involved in CHANCES.

(5) Researchers do not have sufficient data CHANCES aims to combine and integrate to assess the impact of social policies (such completed or ongoing health studies and sur- as long-term care insurance) on potential veys in order to verify age-induced (or age- family support, a major resource in old age. correlative) health characteristics and deter- In particular, researchers lack internationally minants, and to portray their socio-economic comparable data about time and money implications. Fourteen studies, including the transfers between generations (including MEA-based SHARE project, participate in taking in parents), and how such transfers CHANCES, thus covering 18 EU member are distributed between the sexes, in order to states, four associated states and three addi- understand to which extent this is displaced tional countries. All these different studies or encouraged by state support. How will be- and population surveys combined amount to quests react to changes in the public inter- an integrative approach for the investigation

5.2. SHARE ERIC council meeting held at the Max Planck Institute for Social Law and Social Policy on 17 December 2011.

110 II. MUNICH CENTER FOR THE ECONOMICS OF AGING of health status in aging populations. – Wageningen Agricultural University, Wa- CHANCES thereby addresses five main geningen, Netherlands (Prof. Dr. Elen types of health-related characteristics: Kampman) – German Cancer Research Center, Heidel- Incidence of chronic conditions, disabili- berg (Prof. Dr. Herman Brenner) ties and mortality – Danish Cancer Society, Copenhagen, Prevalence of chronic conditions and dis- Denmark (Anne Tjønneland, Ph.D.) abilities – Erasmus University, Rotterdam, Nether- Health-related determinants of chronic lands (Cornelia van Dujin, Ph.D.) conditions and disabilities – Munich Center for the Economics of Barbara Schaan, Head of SHARE Age-related determinants of chronic con- Aging – Max Planck Institute for Social Enhancements, Biomarker Project ditions, disabilities and mortality Law and Social Policy (Prof. Axel Börsch- Social and economic implications of Supan, Ph.D.) chronic conditions, disabilities and mor- – Queen's University of Belfast, United tality in the elderly Kingdom (Prof. Frank Kee) – National Institute for Health and Welfare, The following age sets are analyzed: 50 – 59, Helsinki, Finland (Prof. Kari Kuulasmaa, 60 – 69, and 70+. Health-related determi- Ph.D.) nants comprise (i) socio-economic factors – International Agency for Research on (e.g. education and income), (ii) environ- Cancer, Lyon, France (Dr. Mazda Jenab) mental factors, (iii) lifestyle factors, and (iv) – Brigham and Women's Hospital, Boston, nutrition as well as biomarkers and genetic Massachusetts, United States (Prof. factors. Francine Grodstein) – University College of London, United The prime focus is on four main categories of Kingdom (Prof. Martin Bobak) chronic conditions and disabilities: (i) can- – University of Tromsø, Norway (Prof. Inger cer, (ii) cognitive functions and Alzheimer's Njølstad) disease, (iii) diabetes and cardiovascular dis- – National Institutes of Health, Bethesda, eases, and (iv) fractures and osteoporosis. Maryland, United States (Yikyung Park)

But also information about other diseases and disabilities (e.g. eye diseases or chronic 5.4. New Perspectives of Research on respiratory ailments) is collected within the Aging: Linking SHARE with Administrative CHANCES framework, provided it is avail- Data and Biomarkers able in the individual studies and survey pro- Barbara Schaan in collaboration with jects that contribute to the consortium. Axel Börsch-Supan (PI), Christin Czaplicki and Julie Korbmacher Among its other goals, CHANCES has set its sights on the development of a harmo- The project, funded by the Volkswagen Foun- nized health module that can be applied to dation within the scope of its call for propos- other population surveys. In addition, the als on "Individual and Societal Perspectives consortium is to generate a unique resource of Aging", utilizes the existing data infrastruc- for other health studies and determinants of ture supplied by the Survey of Health, Ageing health in old age. and Retirement in Europe (SHARE). Its goal is to create a database for interdisciplinary CHANCES cooperation partners: research on aging in Germany by way of the following two subprojects: – Hellenic Health Foundation, Athens, Greece (Dr. Paolo Boffetta, coordinator) (1) Linking SHARE survey data with adminis- – University of Athens, Greece (Dr. Antonia trative process data of the German Statutory Trichopoulou) Pension Insurance Scheme (SHARE-RV) – University of Umeå, Sweden (Dr. Sture The third wave data collected for the German Eriksson) SHARE project and the official process data – Rijksinstituut voor Volksgezondheid en of the German Statutory Pension Insurance Milieu (RIVM), Bilthoven, Netherlands Scheme were linked up via the social insur- (Dr. Eugene Jansen) ance numbers already recorded in the Ger-

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blood spots for the measurement of three indicators (HbA1c, cholesterol, and c-reactive protein); they allow an objective assessment of health status unbiased by respondents' personal perceptions.

The project started off with the need to identify suppliers of materials for the measurement of the biomarkers; these materials were then tested. A suitable manufacturer of test sets for dried blood spots was located in the United States. As the interviewers of the German survey in- 5.4a. Dried blood spot testing. stitutes were not familiar with the measurement of micro-invasive biomarkers and man subsample of SHARE. The linking of lacked the basic medical skills needed to these data, along with any data cleansing that end, their intensive training was indis- work, was done at the Munich Center for the pensable. Thus, one SHARE staff member Economics of Aging. This preliminary study attended an interviewer training course of- was due to be published at the end of 2011. fered under the Health and Retirement Study (HRS) in the United States. The In the fourth wave of SHARE data collection, know-how acquired there flowed into the the data linkage was repeated as numerous concept for interviewer training in Germany. respondents had been added to a refresher A pretest interview with about 100 respond- sample. This subproject's extension in the ents took place in summer 2010. Based on fourth wave is funded by the Old-Age Secu- its results, the interview materials were re- rity Research Network (Forschungsnetzwerk vised and optimized. The main survey was Alterssicherung). The correlation of respond- launched in spring 2011 and completed in ents' current subjective circumstances and late fall of the same year. life histories with the objective information processed by the Statutory Pension Scheme is The combination of survey data from differ- to render a full picture of occupational biogra- ent waves with administrative process data phies and life courses of older and very old from German Statutory Pension Insurance citizens in Germany. This complex dataset is and objectively measured biomarkers permits analyzed both under methodological aspects an extensive, interdisciplinary view of the and with a view to a variety of subject-specific complex interdependencies between the bio- issues, for example transition to retirement logical-medical and socio-economic dimen- and old-age security. sions of aging (both individual and societal).

(2) Survey of innovative biomarkers Alongside the biomarkers already incorporated in the standard questionnaire (grip strength and lung strength), the German sub-investigation of the fourth SHARE wave, serving as a pilot study for SHARE as a whole, set out to survey additional innovative biomarkers, measured by well-trained interviewers. These new biomarkers include waist-to-height ratio, 5.4b. Retirement age indicated by SHARE and deviation from three blood pressure read- official pension insurance data: 81% of indications differ from ings, and so-called dried official data by up to 1 year.

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The following cooperation partners Collaborative ties exist with the Zurich Re- participate in the project: search Group Labour, Generation, Stratifi- cation (AGES), led by Prof. Dr. Marc Szydlik; – Prof. Dr. Hermann Brenner (German Can- and with the chair of Prof. Dr. Karsten Hank cer Research Association (DKFZ), Heidel- at the University of Cologne. berg, Div. of Clinical Epidemiology and Aging Research) – Tatjana Mika (Research Data Center, Stat- 5.6. Life Courses in Europe: Early Life utory Pension Insurance, Berlin) Events and Later Life Outcomes – Prof. Dr. Karsten Hank (Chair for Sociology Martina Brandt Dr. Martina Brandt, Assistant at the Faculty of Management, Economics SHARE Coordinator (Research) and Social Sciences, University of Cologne) This project is based on the retrospective sur- – Prof. Dr. Hendrik Jürges (Chair for Health vey SHARELIFE, which in 2008/09 collected Economics and Management at Schum- data on the life histories of Europeans aged 50 peter School of Business and Economics, and over. The planned analyses deal with University of Wuppertal) childhood circumstances and their impact on – Prof. Steffen Reinhold, Ph.D. (Junior Pro- family developments, occupational careers, fessor for Empirical Economics, University and health status in the later course of life. A of Mannheim) further aim is to examine life course patterns – Mathis Schröder, Ph.D. (German Institute along the dimensions of family, work and for Economic Research (DIW Berlin), Data health, taking due account of how contextual Collection and Survey Statistics of the Ger- conditions in Europe influence such patterns. man Socio-Economic Panel Study (SOEP)) The first subproject on "successful aging" explores how early life events come to bear on 5.5. Intergenerational Relationships later well-being, health and social commit- in Europe ment, thereby showing that living conditions Martina Brandt in childhood (including socio-economic background, health or school performance) This project scrutinizes intergenerational persist throughout life and significantly in- transfers within the SHARE Europe frame- fluence the entire aging process. Govern- work, focusing on the interplay between ment interventions to promote healthy and family and welfare state. Thus, for example, active aging must thus set in as early as pos- it examines correlations between state sup- sible – at best, during childhood. port and gender differences in the provision of familial assistance to older parents. Here, The second part illuminates the so-called the SHARE-based findings show that across scarring effects of unemployment. Here Europe daughters render only somewhat again, findings show that early unemploy- more sporadic, but very much more intensive help to parents than sons do. At the same time, the legal obligation to provide such familial care and cash-for-care schemes are associated with a much greater probability of daughterly caregiving, whereas this does not apply to sons. Social services, by contrast, promote gender equality in the familial aid supplied by adult children. Welfare state structures thus clearly impact gender 5.5. Level of family support provided by men and women: (in)equality with regard to There is very little difference as regards sporadic support, while family care and assistance. intensive support is mostly provided by women.

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ment entails more frequent jobless spells spondents. It was implemented in the fourth over the entire course of later life, regardless wave of the German SHARE study and is to of an individual's personality traits and his or be linked with the survey data. her social environment. This no doubt has repercussions on family life and marriage stability – a further aspect to be investigated 5.9. Methodological Perspectives on in the near future. Linking Survey Data and Administrative Cooperation took place with the chair of Data Prof. Dr. Karsten Hank, University of Co- Julie Korbmacher Julie Korbmacher, SHARE logne; Dr. Michal Myck, Cenea Poland; and Researcher (Record Linkage Dr. Peter Haan, DIW Berlin. The linking of survey data and administrative Project) data is gaining ever more significance in empirical social research, with two types of pro- 5.7. SHARE Research Data Center cedures distinguished here. One is referred Martina Brandt in collaboration with to as statistical matching, whereby the sub- Christian Hunkler, Axel Börsch-Supan (PI), jects of a survey are linked with analogous Stephanie Stuck and Sabrina Zuber cases in administrative records. Alternatively, respondents are requested for consent to the The project on "research data repositories" linking of their data. Both modes display pursues the following goals: (1) simplifying pros and cons. While statistical matching and improving the usability of SHARE data, does not require respondent consent, it must and (2) providing additional data toward the accept that administrative facts stem from Thorsten Kneip, SHARE Data professionalization and expansion of the re- merely statistically similar individuals. Di- Base Management search data center of the Survey of Health, rect matching need not deal with this prob- Ageing and Retirement in Europe (SHARE) lem, but is often unable to link all the necessary data because respondents denied their . consent. 5.8. Measuring and Explaining Interviewer Effects In the third wave of the Survey of Health, Julie Korbmacher in collaboration Ageing and Retirement in Europe (SHARE), with Ulrich Krieger respondents were asked in a German pilot study to consent to the linking of their survey Interviewer-administered surveys, such as data with the administrative records of the personal or telephone surveys, may generate German Pension Fund Scheme. Accordingly, interviewer effects in different areas. Inter- the data of respondents who gave their con- viewers are apt to differ not only in the sent can be matched directly via their social respondent numbers they reach, but in the insurance numbers. The intent is to embark specific content-related measurement re- on a more precise analysis of the methodo- sults they achieve. Thus, frequent deviations logical aspects relevant to such data linkage, occur in the rounding of results or in item with a special focus on respondent's deci- nonresponse rates. Although many studies sions to consent to the linkage. report interviewer effects, only few are able to explain them. One reason is that information about interviewers is usually confined to 5.10. The Effects of Unilateral a small set of demographic variables. Divorce Laws in Europe Thorsten Kneip in collaboration This project has set out to better understand with Steffen Reinhold and explain interviewer effects with the help of a questionnaire for interviewers participat- Divorce laws in Europe have been subject to ing in the Survey of Health, Ageing and Re- crucial revisions in past decades. The theo- tirement in Europe (SHARE). The question- retically most interesting one was doubtless naire was prepared in collaboration with the introduction of unilateral divorce in the researchers from the International Workshop 1970s and early 1980s. As a result, a spouse on Household Survey Nonresponse, and seeking divorce is no longer reliant on the seeks to assess interviewer traits that are pre- other's agreement. sumed to influence the behaviour of re-

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This project deals with a variety of questions 5.11. Ethnic Discrimination in that have not as yet been resolved in the pre- the German Housing Market vious research on correlations between uni- Christian Hunkler lateral divorce legislation and familial processes. For example: Has the introduction of In this project, we use a self-executed tele- unilateral divorce laws had sustained effects phone audit in a field experiment to look into on divorce rates in Europe? If so, how are ethnic discrimination in the housing market these effects mediated, and in what ways of a southern German metropolitan area. have the new laws impacted trends in mar- Randomly assigned testers were instructed to riage patterns, women's employment and phone landlords who had advertised apart- Christian Hunkler, SHARE Data fertility? Has the introduction of unilateral ments for rent (N=1613). While other stud- Base Management divorce laws had lasting effects on child de- ies primarily measure the incidence or scope velopment? And are these effects attributa- of discrimination, we set out to identify the ble to a higher probability of parental di- mechanisms that lead to such bias. In order vorce, or rather the result of altered parental to distinguish between information- and bargaining positions in intact marriages? preference-based discrimination, two factors Alongside aggregate data, the data collected in addition to the test callers' nationality were in the retrospective survey SHARELIFE are varied experimentally: (1) whether Turkish used to answer these questions. minority callers spoke with or without an accent, and (2) whether test callers signaled straightaway that they had a secure job. The project is currently in the evaluation phase.

With the aid of fixed-effects regression models to control for unobserved heterogeneity regarding apartments and landlords, we seek to appraise whether Turkish callers face discrimination. Our analyses so far indicate that Turkish callers are not dis- 5.10. Divorce rate decomposition (divorces/1000 married criminated against in gener- couples): The change in divorce law serves as an explanation al; however, callers with a for a substantial part of the rise in the divorce rate. Turkish accent encounter considerable drawbacks. Initial findings show that the introduction of Conversely, if callers with accents indicate unilateral divorce laws has led to a sustained right at the outset that they are relocating be- and marked increase in divorce rates and cause of a new job, this near-completely off- risks in Europe. Direct effects are partially sets their disadvantages. All in all, the effect obscured by the sharp rise in marital age as a pattern suggests so-called statistical discrimi- consequence of the new legislation – and nation: job signals compensate for negative hence, ex ante, by entry into more stable biases against callers with accents. A second marriages. Female labor participation has interpretative option for these findings is that likewise increased, while the probability of landlords are specifically prejudiced against family formation has declined, the latter be- the first generation of migrants who are often ing fully ascribed to the later age of marriage. incapable of speaking accent-free German. As for children who have grown up under The remaining analyses chiefly concern the unilateral divorce laws, negative effects are co-surveyed or subsequently encoded attrib- found on education investments and health utes of landlords and housing offers. in advanced age. The project is conducted in collaboration with Andreas Horr and Prof. Dr. Clemens Kroneberg, both from the University of Mannheim.

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5.12. Attrition of Alteri Respondents 5.14. Interviewer Effects on Attrition in the in a Multi-Actor Survey Fourth Wave of the German SHARE Study Ulrich Krieger Ulrich Krieger

Besides target respondents, surveys increas- In this project, the data collected via the ingly include persons from their social con- questionnaire drafted in project 5.8. (meas- text – partners, household members or uring and explaining interviewer effects) are friends (so-called Alteri). Alteri respondents examined. Interviewers play a highly signifi- also occasion nonresponses and attrition cant role in personal interviews. Their experi- Ulrich Krieger, SHARE since not all those approached actually par- ence and face-to-face contacts with respond- Researcher (Non Response Project) ticipate. This project examines the reasons ents are particularly important in panel for non-participation in an effort to provide surveys. To examine how interviewer capabil- data users with assistance for their analyses. ity, attitude and expectations affect surveys, The data basis is the German Family Panel wave four of the German SHARE study also study "pairfam" (Panel Analysis of Intimate included a questionnaire for interviewers. Relationships and Family Dynamics). The The link of interviewer statements with re- investigation is conducted in collaboration spondent data will deliver insights into how with the survey methodology team of the greatly interviewers influence respondent pairfam project (Mannheim Center for Eu- participation. ropean Social Research (MZES) and Ludwig Maximilian University of Munich). Christin Czaplicki, SHARE 5.15. Compatibility of Caregiving and Researcher (Record Linkage Career – An Analytical Life Course Project) 5.13. Respondent Incentives, Interviewer Perspective Training and Respondent Behavior Christin Czaplicki Ulrich Krieger in collaboration with Axel Börsch-Supan (PI) Demographic changes such as the growing age gap between generations are increasingly This project, funded by the German Research shifting the care of aged parents to the mid- Foundation (DFG) under Priority Program dle or late phases of their children's working 1292 on "Survey Methodology", focuses on the lives. At the same time, a social policy meas- effects of monetary incentives offered to re- ure in the wake of these demographic shifts spondents for personal interviews (SHARE in age structure seeks to prolong individual Germany, Wave 4). Experimental studies, working lifetimes through the "retirement at above all in the United States, have shown that 67" agenda. This entails a risk for persons in incentives bestowed in advance and uncondi- the midst of active employment – and often tionally serve to raise survey participation rates. just finished with child-raising – of having to cope with an additional family-work compat- In our project, this practice was applied for ibility problem resulting from the care de- the first time to a large-scale study in Germa- pendency of their parents in conjunction ny. Randomly selected households were sent with their personal careers. cash amounts of 40, 20 or 10 Euros together with an advance letter. The respondents were In investigating these compatibility problems informed that they could keep the sum as a and developing suitable coping models, it gift regardless whether they took part in the must be borne in mind that an adult child's survey or not. The effects of the respective in- decision to assume caregiving tasks should centives on recipient's willingness to partici- not be viewed in isolation from his or her pate are the subject of our evaluation. previous life history. This project thus aims A further item addresses the feasibility and to analyze individual family and work biogra- outcome of an ultra-short questionnaire for phies in three steps. The first looks at per- respondents who decline to participate in the sonal history prior to the caregiving phase, main survey (PEDASKI procedure). taking account of individual resources, in order to identify patterns in employment bi- This project is conducted in collaboration ographies. The second assesses the caregiv- with Mathis Schröder, Ph.D., German Insti- ing phase per se, focusing on care duration tute for Economic Research (DIW Berlin). and compatibility. The third step highlights

116 II. MUNICH CENTER FOR THE ECONOMICS OF AGING the stage of life directly after the caregiving for the deceased spouse in life report a small- activity and is of equal importance, for it re- er rise in the number of depressive symp- veals the consequences of such activity for toms than persons who did not. Persons who individuals' subsequent occupational and led a happy marriage cite a greater number of health profiles. additional symptoms than persons whose marriage did not go so well.

5.16. Social Determinants of Depression The second chapter of the thesis analyzes in Later Life the long-term effects of education on the Barbara Schaan number of depressive symptoms in old age. Here again, gender differences are explored, Depression has developed into a widespread along with the moderating role of retirement disease. Estimates are that by the year 2020, within the correlation between education it will have become the second most com- and emotional well-being. The findings sug- mon cause of illness in industrialized states gest that especially for women, education – combined with enormous costs for the na- has an important function in maintaining tional economy. (Projections of costs in- psychological health. The analyses also show curred by mental illness range from 3% to 4% that more educated persons state an increase of gross domestic product (GDP), based pri- in depressive symptoms following retire- marily on productivity losses.) The European ment, whereas persons with a low education Commission has recently taken on this prob- level report a decline. lem and declared the promotion of mental health a crucial factor for the realization of Finally, the third chapter – building on the its strategic goals. findings of the second – deals with the ef- The precise causes of depression are still not fects of retirement on emotional well-being, clear without ambiguity, but studies in the thereby specifically addressing characteris- past few years have repeatedly confirmed di- tics of previous work. agnostic findings of a distinct negative correlation between socio-economic status and The (doctoral) project involves the prepara- depression. tion of three manuscripts for publication in international academic journals. Two have This (publication-based) doctoral project us- been completed and are currently undergo- es the longitudinal SHARE dataset to exam- ing review; work on the third has begun (as ine diverse sociological determinants of de- at 11/2011). pression among the elderly. It thereby focuses on critical life events as well as long-term factors. An additional objective is to align exist- 5.17. Marriage Stability ing theoretical explanatory approaches with Christian Hunkler in collaboration the "social production function theory" es- with Thorsten Kneip tablished by Siegwart Lindenberg. Economic approaches in theory-led research The first chapter of the thesis inquires on increased divorce rates place particular whether men or women suffer more fre- emphasis on changes in marriage-related ben- quently from depressive symptoms following efits over the course of the relationship. Con- death of the spouse. Studies to date have versely, cultural-normative approaches focus produced highly contradictory findings here. on differences or changes in moral values. The longitudinal SHARE dataset makes it possible to view the same respondents be- Using the data of the German family panel fore and after the decease of their life part- study "pairfam" (Panel Analysis of Intimate ners (instead of having to compare different Relationships and Family Dynamics), this individuals as in the case of cross-sectional project examines to what extent the frame data). The outcomes show that there does selection model can theoretically integrate not appear to be a significant distinction be- the above-described discrepancy. According tween men and women with regard to in- to this model, relationships are deemed sta- creased depressive symptoms in widowhood. ble if they are embedded in a sturdy "frame", Another finding is that persons who cared thus forming a steadfast "institution" sup-

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less does not cogently signify a higher degree of instability compared with marriages. Rather, the stability of the former depends on the quality of the relationship.

Whereas non-marital partnerships break if they are of low quality, sturdily framed marriages remain intact despite the spouses' dissatis- faction with the relationship. To be sure, even marriages entrenched in a robust framework are not necessarily immune to every crisis. Where problems such as in- fidelity or physical violence ported by well-internalized norms. If this are perceived as significant impairments to frame is disrupted, however, incentive varia- the relationship frame, this may lead to re- bles can influence relationship stability. framing in the form of an intensified drive for separation – despite previous sturdy framing. Initial findings are available on the basis of Norm entrenchment need not automatically self-collected preliminary study data on mar- suffer as a result, but compliance therewith riages as well as non-marital relationships. is no longer deemed imperative in the pre- They show that the framing of the relation- sent relationship as the link to the now rede- ship as an institution and the concurrent in- fined frame has ceased to exist. ternalization of indissoluble norms is crucial The next project step will be to replicate the to the stability of marital relationships. With- analyses conducted in the preliminary study in such marriage frames, cost-benefit con- using the pairfam main data. siderations recede into the background and the explanatory force of rational choice theory diminishes. This is reflected in the inter- 5.18. Ethnic Inequality Based action of norms with marital benefits; the on Discrimination latter cease to influence stability if the norms Christian Hunkler are sufficiently entrenched. Both the theoretical and the empirical signifi- This mechanism does not, however, work for cance of diverse discrimination mechanisms non-marital relationships, even if the part- forms this project's subject matter in seeking ners embrace firmly established norms. Ac- to explain ethnic inequalities, particularly as cording to the frame selection model, the regards access to apprenticeship places under reason is that here the validity of norms and the German dual vocational education and routines is conditional – that is, they apply training system. To that end, cooperation with only if they are accessible within the frame of the vocational training alliance of a large com- the currently valid relationship. Yet the nec- pany in southern Germany has furnished out- essary links with norms governing indissolu- standing data material. bility are obviously absent in the potential relationship models of non-married couples. Using the alliance's edited applicant data, The often transitory character of such unions potential self-selection processes can be – as expressed, say, by the term "trial mar- identified at the outset; this is followed by riages" – suggests this. Hence, to analyze the the second step of verifying the diverse dis- stability of premarital relationships, utilitari- crimination mechanisms. The customary an approaches would seem to suffice. The problems of proving cases of discrimination general absence of the indissoluble partner- are largely resolved through the use of corpo- ship frame in non-marital unions neverthe- rate data. Besides submitting their school-

118 II. MUNICH CENTER FOR THE ECONOMICS OF AGING leaving certificates and attested grades, the Under the German dual vocational education majority of applicants were extensively tested and training system, access to apprenticeship on several dimensions (language and arith- places is regarded as the initial phase of labor metic skills, concentration and visual think- market entry. Even so, the dual system is nor- ing capacity, etc.). mally ascribed to Secondary Sector II – that A highly interesting aspect is that for the first is, to the educational system. Yet school per- time, the decision-making base is systemati- formance, choice behavior or teacher recom- cally available from the viewpoints of the rel- mendations alone do not play the pivotal role; evant actors, i.e. employers or their repre- rather, companies are largely autonomous, sentatives. Justice can moreover be done to within certain statutory bounds, in deciding the problem of self-selection bias encoun- whom they assign to particular training va- tered in specific formal training fields, since cancies. The notion of discrimination in this the data at hand comprises not only success- context bundles a highly disparate assort- ful applicants and their preferences but all ment of mechanisms. For a proper assess- submitted applications. ment, it is therefore essential to itemize the diverse concepts of discrimination, particu- The address data of all applicants provides larly the empirical strategies used to verify additional valuable analysis potential. Thus, them. This is to clarify why in many cases the links with population data (at county level) inference of empirically evidenced discrimi- make it possible to model regional self-selec- nation cannot readily be confirmed. tion effects as well. Aside from the central empirical interest in reviewing discrimina- A further focus is on the possible effects of tion theories more explicitly, research issues the so-called transition system on behalf of relating to the geographical mobility of dif- young applicants who have not found a train- ferent ethnic groups can therefore also be ing place. The following questions arise here: expounded. Through what measures can gaps in achievement be closed, thus heightening chances The initial analyses show that despite com- for obtaining a regular apprenticeship place? prehensive data on educational qualifica- Does the necessity of attending such meas- tions, performance tests, temporal aspects of ures generate a negative signal effect for the the application process, and further influenc- training company? If so, does that effect rel- ing factors, differences in accession rates be- ativize the transition system's prospective tween German and Turkish applicants for positive effects? apprenticeship places cannot be fully explained. The next step is to evaluate geo- The overview consists of five parts. The first graphical mobility as well as self-selection sets out to depict general theoretical reflec- bias with regard to specific fields of formal tions on the possible causes of unequal treat- training. ment in the assignment of apprenticeship places, thereby stressing discriminatory mechanisms. The second part describes the 5.19. Ethnic Differences in Access to selection criteria and gives a detailed account Vocational Training: Discrimination? of the literature sources deemed relevant. Christian Hunkler Subsequently, choice studies from other Eu- ropean countries are presented in the third The project renders an overview of whether part. Part four involves three digressions: a young people with an immigrant background brief summary of specific aspects cited in the encounter disadvantages in accessing vo- report of the Expert Council of German cational training places, notably within Foundations on Integration and Migration; a Germany's dual education system, thereby descriptive comparison of transitions to voca- pinpointing the potential causes along em- tional training between 2000 and 2006; as pirically sound lines. Besides distinguishing well as a short forecast of the effects of voca- social, migration-related and/or ethnic tional training on labor market entry. The fifth mechanisms, the aim is to explore possible part sums up the major, conclusive results in forms of discrimination by the actors in- a final overview of empirically evidenced volved in apprentice selection procedures. causes for the lower participation rate of migrants in the German dual education system.

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The number of empirically validated coher- aspiration-based career matching processes ences underlying access to vocational train- evaluated in the very most cases, or it is not ing – and, specifically, to dual education – possible to do so adequately. Thus, one is turns out to be rather small. It seems certain merely left to conclude that discrimination that, at least based on the study variables cannot be ruled out as an explanation for un- momentarily available, the disadvantages of accountable differences, but that is about all. youths with an immigrant background cannot be fully explained. In cases where gen- Indications for statistical discrimination can der-specific models are calculated, or where be found in several studies. Identical signals gender is taken as an independent variable, are seemingly interpreted differently by com- unaccountable differences are largely found panies depending on applicants' ethnic origins only for young men with a migratory back- – in particular, migrants appear to profit less ground. The same appears to hold true when from better grades or school-leaving certifi- controlling for migration generation. Where cates. Hence, it remains an open question second-generation migrants can be distin- whether and to what extent employers apply guished from adolescents who were already correct statistical "beliefs", discriminate of school age when they immigrated to Ger- against applicants "unwittingly" or deliberate- many, pronounced differences are mostly ly, or whether migrants with better grades con- encountered only for the latter. A few studies sciously decide against vocational training. differentiate according to country of origin: in part, they show that youths of Turkish de- Only little can be said about the importance scent significantly less often embark on vo- of the transition system, but not because this cational training. criterion is not recorded or analyzed. In light of the aforementioned questions about Apart from that, most studies note the posi- heightening applicant opportunities through tive effects on access to vocational training prevocational measures and the potential sig- resulting from school-leaving certificates and nal effects of thus placing them "on hold", the grades, sometimes also from indicators of so- problem tends rather to be a statistical one. It cial origin, and, if available, from language is obviously not a random process that induc- and network indicators. Nevertheless, these es young people to switch to the transition effects are less consistent and in some studies system after leaving school. Moreover, these partially negative. This seems to depend on prevocational programs permit them to catch whether an analysis sample comprises total up on formal secondary school qualifications. school-leavers or merely those who (usually in To compare adolescents with and without retrospect) report having sought an appren- "on-hold" episodes is therefore not very ticeship place. As for vocational training aspi- meaningful. A further difficulty is that (fortu- rations, findings indicate that these are apt to nately) there are scarcely any subjects availa- change drastically within a mere year. ble for comparison – that is to say, only very few youths obtain no apprenticeship place Some authors suspect discrimination if the and then do not continue school or acquire given variables do not suffice in accounting further training in the transition system. At for disparities between migrants and natives. any rate and in net terms, the transition sys- A clear picture emerges here: the accuracy of tem is not found to have any negative effects. findings depends decisively on the extent to Nonetheless, based on mostly descriptive da- which the discussed mechanisms can be de- ta, the Expert Council of German Founda- tailed by means of available data. With the tions on Integration and Migration concedes exception of the Swiss TREE and Hamburg only little effectiveness to this system. ULME projects, none of the studies is able to operationalize the capabilities of trainee applicants with the help of anything but their school-leaving certificates, school grades and school types. So far, datasets based on more objective achievement tests, such as those used for reviewing school decisions, do not exist in the German-wide studies. Nor are regional and

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5.20. International Cooperation: Research Areas The "SHARE Family" 1. Economics Scientific Monitoring Board Area Coordinator Prof. Arie Kapteyn, Ph.D. (RAND Corpora- tion, Santa Monica, CA, USA): Chair Prof. Guglielmo Weber, Ph.D. (Università degli Studi di Padova, Dipartimento di Scienze Prof. Orazio Attanasio (University College Economiche, Padova, Italy) London, Department of Economics, UK): Income, Consumption, Savings Members of the Research Area

Prof. Lisa Berkman, Ph.D. (Harvard Center Prof. Agar Brugiavini, Ph.D. (Università Ca' for Population and Development Studies, Foscari Venezia, Dipartimento di Scienze Harvard School of Public Health, Cam- Economiche, Venezia, Italy) bridge, MA, USA): Social Epidemiology and Biomarkers Anne Laferrère (Institut National de la Statistique et des Etudes Economiques Prof. Nicholas A. Christakis, Ph.D. (Harvard (INSEE), Paris, France) University, Department of Health Care Poli- cy; Department of Sociology, Faculty of Arts and Science, Boston, MA, USA): Medical 2. Health Sociology and Administrative Data Karen Andersen-Ranberg, MD, Ph.D. (Uni- Prof. Mick P. Couper, Ph.D. (University of versity of Southern Denmark, Institute of Michigan, Institute for Social Research, Ann Public Health, Odense, Denmark Arbor, MI, USA): Survey Methods, Data Dis- semination Methods, and New Technology 3. Health Care Prof. Mike Hurd, Ph.D. (RAND Corpora- tion, Santa Monica, CA, USA): Savings and Prof. Dr. Hendrik Jürges (Bergisches Kompe- Health, Data Access and Data Quality; Har- tenzzentrum für Gesundheitsmanagement monization with HRS und Public Health, Schumpeter School of Business and Economics, Bergische Univer- Prof. Daniel L. McFadden, Ph.D. (University sität Wuppertal, BKG – University of Wup- of California, Department of Economics, pertal, Germany) Berkeley, CA, USA): Survey Methodology

Prof. Dr. Norbert Schwarz (University of 4. Social Networks Michigan, Department of Psychology, Ann Arbor, MI, USA): Survey Psychology and Area Coordinator Data Access Methodology Prof. Howard Litwin, Ph.D. (The Hebrew Prof. Andrew Steptoe, Ph.D. (University Col- University of Jerusalem, Paul Baerwald lege London, Department of Epidemiology School of Social Work, Jerusalem, Israel) and Public Health, London, UK): Biomarkers Members of the Research Area Prof. Arthur Stone, Ph.D. (Stony Brook Uni- versity, New York, NY, USA): Psychiatry and Prof. Toni Antonucci, Ph.D. (University of Behavioral Sciences Michigan, Institute for Social Research, Ann Arbor, MI, USA) Prof. Annamaria Lusardi, Ph.D. (George Washington University, Accountancy, Wash- Prof. Dr. Karsten Hank (University of Co- ington D.C., USA): Financial Literacy, logne, Research Institute for Sociology (FIS), Household Finance Köln, Germany)

121 Report 2010 – 2011

Prof. Dr. Martin Kohli (European University Czech Republic Institute, Department of Political and Social Sciences, San Domenico di Fiesole, Italy) Radim Bohacek, Ph.D. (Center for Economic Research & Graduate Education – Econom- Prof. Edward O. Laumann, Ph.D. (University ics Institute (CERGE-EI), Praha, Czech Re- of Chicago, Department of Sociology, Chi- public) cago, USA) Denmark Prof. Dr. Theo van Tilburg (Vrije Universiteit Amsterdam, Faculty of Social Sciences, Am- Karen Andersen-Ranberg, MD, Ph.D., Prof. sterdam, Netherlands) Kaare Christensen, Dr. MSc., Ph.D., Prof. Jørgen T. Lauridsen, Ph.D (University of Dr. Sharon Shiovitz-Ezra (The Hebrew Uni- Southern Denmark, Institute of Public versity of Jerusalem, Paul Baerwald School Health, Odense, Denmark) of Social Work, Jerusalem, Israel) Estonia Dr. Jim Ogg (Unité de Recherche sur le Vieillissement (Ageing Research Depart- Luule Sakkeus, Ph.D. (Estonian Institute for ment), Caisse Nationale d'Assurance Vieil- Population Studies, Tallinn University, Tal- lesse, Paris, France) linn, Estonia)

France SHARE-Programming Anne Laferrère, Pascal Godefroy (Institut Na- Prof. Dr. Marcel Das (CentERdata, Tilburg tional de la Statistique et des Etudes Econo- University, Tilburg, Netherlands) miques (INSEE), Paris, France)

Nicolas Sirven, Ph.D., Nicolas Briant SHARE Country Teams (IRDES, Paris, France)

Austria Greece

Prof. Dr. Rudolf Winter-Ebmer, Mag. Michael Prof. Antigone Lyberaki, Ph.D., Prof. Platon Radhuber (Johannes Kepler Universität Linz, Tinios, Ph.D., George Papadoudis, Ph.D., Department of Economics, Linz, Austria) Thomas Georgiadis, Anna Vougiouka (Panteion University of Political and Social Prof. Dr. Alexia Fürnkranz-Prskawetz, Dr. Sciences, Regional Development Institute, Isabella Buber-Ennser (Vienna Institute of Athens, Greece) Demography (VID), Austrian Academy of Sciences, Vienna, Austria) Hungary

Belgium Prof. Gábor Kézdi, Ph.D. (Department of Economics, Central European University, Prof. Karel Van den Bosch, Ph.D., Aaron van Budapest, Hungary) den Heede, Joris Ghysels, Ph.D. (Universiteit Antwerpen, Centre for Social Policy Herman Ireland Deleeck, Antwerpen, Belgium) Dr. Liam Delaney, Eimear Breheny (UCD Prof. Sergio Perelman, Ph.D., Jérome Schoen- Geary Institute, University College Dublin, maeckers (CREPP, Université de Liège, Dublin, Ireland) Liège, Belgium) Israel

Prof. Howard Litwin, Ph.D., Marina Motse- nok (The Hebrew University, Israel Geronto- logical Data Center, Jerusalem, Israel)

122 II. MUNICH CENTER FOR THE ECONOMICS OF AGING

Italy Sweden

Prof. Guglielmo Weber, Ph.D., Elisabetta Prof. Per Johansson, Ph.D. (IFAU – Institute Trevisan (Università degli Studi di Padova, for Labour Market Policy Evaluation, Upp- Dipartimento di Scienze, Padova, Italy) sala, Sweden)

Prof. Agar Brugiavini, Ph.D. (Università Ca' Daniel Hallberg, Ph.D. (Swedish Social In- Foscari di Venezia Department of Econom- surance Inspectorate, Stockholm, Sweden) ics, Venezia, Italy) Switzerland Luxembourg Prof. Alberto Holly, Ph.D. (Université de Uwe Warner (CEPS/INSTEAD, Centre Lausanne, Institut d'Economie et Manage- d'Etudes de Populations, de Pauvreté et de ment de la Santé (IEMS), Lausanne- Politiques Socio-Economiques / Internation- Dorigny, Switzerland) al Network for Studies in Technology, Envi- ronment, Alternatives, Development, Differ- Dr. Peter Farago, Dr. Boris Wernli (FORS, dange, Luxembourg) Université de Lausanne, Lausanne, Switzer- land) Netherlands

Prof. Frank van der Duyn Schouten, Ph.D., Dr. Johannes Binswanger (Netspar, Univer- siteit van Tilburg, Tilburg, Netherlands)

Poland

Dr. Michal Myck (Centre for Economic Analysis, CenEA, Szczecin, Poland)

Portugal

Prof. Dr. Pedro Pita Barros (Faculdade de Economia Travessa Estevao Pinto, Universi- dade Nova de Lisboa, Lisboa, Portugal)

Alice Delerue Matos, Ph.D. (Centro de In- vestigacao em Ciencias Sociais, Universida- de do Minho, Campus de Gualtar, Braga, Portugal)

Slovenia

Boris Majcen, Vladimir Lavracˇ, Saša Mašicˇ (Institute for Economic Research (IER), Ljubljana, Slovenia)

Spain

Prof. Pedro Mira, Ph.D., Raquel Vegas, Ph.D. (Centro de Estudious Monetarios y Finan- cieros (CEMFI), Madrid, Spain)

123 Report 2010 – 2011

124 III. Max Planck Fellow Group: Inclusion and Disability Report 2010 – 2011

1. Introduction population groups can expect to profit from research on inclusion and on systemic Elisabeth Wacker changes to rehabilitation. Yet not only the quality of life, but also the future of social The research of the Max Planck Fellow systems and how they interact with legal Group, instated on 1 March 2010, is dedi- norms when implemented in practice, are cated to social policy and social law transfor- key themes for in-depth investigation. mations and their implications for the social benefit systems and life situations of persons The beginning of the millennium set the with disabilities. In keeping with the general stage for current events and guiding cogni- mission of the Max Planck Fellow Pro- tive interests in these research priorities: gramme, close collaboration between the In- stitute and the Technical University of Dort- . The Ad Hoc Committee instituted in Prof. Dr. Elisabeth Wacker mund is an intended aim as is the promotion 2001 by the United Nations General As- of young scholars. Hence, the Fellow Group's sembly submitted the draft Convention eight junior researchers (some of whom are on the Rights of Persons with Disabilities staff members, others scholarship holders) (UN CRPD) in 2006. This international are bound up with the research and academ- treaty entered into force in Germany a ic development plans of the Department of good two years later as the "Law concern- Rehabilitation Sociology based at the Dort- ing the United Nations Convention of 13 mund Faculty of Rehabilitation Sciences. December 2006 on the Rights of Persons The Group's five-year research agenda was with Disabilities, as well as the Optional launched in the summer of 2010. Viviane Protocol of 13 December 2006 to the Schachler, an intern of the University of Kas- United Nations Convention on the Rights sel (Master's degree course "Social Work and of Persons with Disabilities". Its provi- Life Course" [Soziale Arbeit und Lebens sions with regard to the living conditions lauf]), began her four-month stay here as a of citizens with disabilities are currently visiting student early in November 2011. being implemented by the Federal Gov- Under its abbreviated designation "Inclusion ernment and other institutions by way of a and Disability" [Inklusion bei Behinderung], National Action Plan, and are to be ob- the Group draws on the well-established tra- served and evaluated by a "monitoring dition of the Institute, which has long been agency" established in accordance with engaged in research on the life situations of Article 33(2) UN CRPD and based at the population groups classified as having a dis- German Institute for Human Rights. Ad- ability (cf. "participation of persons with dis- ditional "controlling bodies" are the many abilities in society": Report 2001 – 2003, support associations and groups, benefit p. 8). On the one hand, the Institute consid- providers and funders, as well as an inde- ers country-specific societal, economic and pendent Scientific Advisory Board of the cultural contexts essential to understanding Government. law and its ongoing development; on the other, it is devoted to the overall progress of . With its approval of the International social law (cf. Report 2004 – 2005, p. 6). Classification of Functioning, Disability The Fellow Group's research activities are and Health (ICF), the WHO-led World allied accordingly, the aim being to trace the Health Assembly in 2001 concluded its development of rehabilitation and health revision of the previous disability classifi- care from national and international per- cation scheme (International Classifica- spectives under the guiding concept of pre- tion of Impairments, Disabilities and ventative structures, measures and effects. Handicaps, or ICIDH). The new transnational, unifying framework has adopted a Nearly 10 per cent of the world's population definition of disability which in abandon- is held to be affected or threatened by some ing the "deficit description" is character- form of disability. The World Report on Dis- ised by the description of functional capa- ability, jointly compiled for the first time by bilities, attentiveness to the social the World Health Organisation and the constructs of disability as well as the ob- World Bank in 2011, even cites up to 15 per servance of environmental factors relevant cent. In any case, an appreciable number of to the individual concerned.

126 III. MAX PLANCK FELLOW GROUP

Lastly, the Ninth Book of the German So- differentness (heterogeneity). The Group ex- cial Code (SGB IX), with its main focus amines theories, concepts and benefit classi- on the rehabilitation and participation of fications, and explores the changeability of persons with disabilities in Germany, social structures from an effect-oriented per- came into force in the middle of 2001. spective. The question is whether and how Since then, the Code has been developed inequality can be eliminated and support further in specific regard to the present needs covered, without yielding to pressure UN CRPD and ICF provisions, i.e. with a to conform (integration according to normal- view to how self-determination and equal ity standards). Moreover, an "enhanced sense participation can be (better) achieved for of belonging" (UN CRPD) must be regarded the aforesaid group of persons, and how as a prime aim of social policy, coupled with inequalities (in the sense of inequity in societal respect for all forms of disability. opportunities) in the benefit system and community life can be balanced out. These basic issues have been systematically specified in a matrix model designed to give It is in this setting that the interdisciplinary the junior researchers a structure with which Fellow Group (diversity/gender studies, po- to align their subject matter. Four thematic litical science, law, rehabilitation sciences, priorities have thereby been combined with sociology and social work) has embarked on two cross-sectional themes. the investigation of basic issues of inclusion (Latin inclusio, i.e. sustained possibility of In addition, national and international ex- "social participation" as an individual) and perts were invited to the Institute for the dis- exclusion (Latin exclusio, i.e. sustained and cussion of transdisciplinary research ques- involuntary "debarment") insofar as these is- tions, with in-depth analyses conducted in sues impact persons with disabilities as indi- workshops and an expert forum (cf. IV.). viduals and as a group, and treat them less favourably in society, thus "devaluing" (dis- Collaboration with Pwani University College criminating against) them on account of their (PUC) occasioned the international confer-

The Max Planck Fellow Group: Dr. Minou Banafsche, Melanie Biewald, Christian Rahausen, Luisa Demant, Prof. Dr. Elisabeth Wacker, Laura Dobusch, Corina Hoffmann, Dominik Baldin, Isabella Bertmann and Hellen Modiba (left to right).

127 REPORT 2010 – 2011

Thematic Social Partici- New Forms of New Frame- Societies in Priorities pation Regulation works and Transition Basic issues of Effects of Roles Potential of and inclusion and switching from Social services limits to national exclusion the benefit- between en- and international in-kind to the hanced profes- social models in cash-benefit sionalisation countries of the principle and resource Global South efficiency Cross-sectional Themes Demographic Change 7 1 5 4 Dealing with 2 6 3 Differentness

The matrix model combines four thematic priorities with two cross-sectional themes: (1) Dominik Baldin: Persons with Disabilities and a Migration Background – Inclusion and Exclusion of a Forgotten Social Group; (2) Dr. Minou Banafsche: The German Basic Law in Light of the UN Disability Rights Convention; (3) Isabella Bertmann: Social Security and Persons with Disabili- ties in "Developing Countries"; (4) Melanie Biewald: Seeking Competence: Concepts and Stan- dards for Good Employees in the Focus of Social Service Provision; (5) Luisa Demant: Counsel- ling for Families of Children with Disabilities – Importance for and Impact on Beneficiaries; (6) Laura Dobusch: Consolidation, Flexibilisation or Erosion of Standard Biographies? – The Con- tribution of Diversity Management to Social Inclusion; (7) Corina Hoffmann: Diffusion and Inclusion: Implementation of the UN Convention on the Rights of Persons with Disabilities in East Africa (cf. III.2.1. to 2.7.).

ence "Impact of Social Change: UN Conven- ity" (15 and 18 – 25 June 2011), in which the tion on the Rights of Persons with Disabili- Fellow Group and researchers of Pwani Uni- ties (UN CRPD) as a Trigger", held in Kilifi, versity College participated and rendered Kenya (16 – 17 June 2011). This South-East their active support. African conference, the first of its kind, con- vened on a high academic level and was at- The "Inclusion and Disability" Research tended by some 80 researchers from several Group makes a contribution towards trans- African countries (Kenya, South Africa, Ma- porting the topic of "disability in society" lawi, Zimbabwe; including experts in their from the fringes to the centre of scholarly in- own cause). It was accompanied by the work- terest by means of a transdisciplinary dis- shop entitled "Capacity Building. Higher course between social law and social science. Education and Corporate Social Responsibil- To that end, preparations are also underway

Participants of the International Conference "Impact of Social Change: UN Convention on the Rights of Persons with Disabilities as a Trigger", Pwani University College, Kilifi, Kenya, 16 – 17 June 2011.

128 III. MAX PLANCK FELLOW GROUP for a joint symposium to be hosted together ciety (which is no longer to be defined as with the Institute's Department of Social a national society). Emphasis will be placed Law that will address the topic of "Inclusion on the societal position of persons with and Social Space – Disability Law and Dis- individual impairments, individual habitus ability Policy within the Community". (Bourdieu) and, where appropriate, personal migration experience within the structures of The Fellow Group's members took part or the immigration society. Societal structures collaborated in a variety of conferences and are, for instance, expressed in constitutional colloquia, including the fields of rehabilita- rights, which are no longer exclusively based tion sciences, sociology and disability studies, on national law (e.g. in the form of the UN Dominik Baldin in both international and national settings; for Convention on the Rights of Persons with example, European symposia in Copenhagen Disabilities, CRPD). They are also present (2010), Lancaster (2010), Geneva (2011), in social power relations, generally accepted The Hague (2011) and Reykjavík (2011), and standards and values, as well as participation domestic forums in Frankfurt (2010), Stutt- opportunities and conversely, barriers to par- gart (2010), Berlin (2010 and 2011) and Bo- ticipation. Depending on the theoretical chum (2011). In August 2010, the Group point of view both lists could be continually moreover deliberated the subject of "Sick- extended. ness, Disability and Work" with experts of the To look more closely at this tense relation- Paris-based OECD Directorate for Employ- ship and the resultant mechanisms of inclu- ment, Labour and Social Affairs in order to sion and exclusion, the concepts of social reflect on mutual points of contact. environment [Sozialraum] and of the lifeworld [Lebenswelt] as developed by sociology shall be interconnected and combined with the closely related network research. This 2. Projects shall be accompanied by a theoretical discussion on the different versions of cosmo- 2.1. Persons with Disabilities and a politan theory and the findings from inter- Migrant Background – Inclusion and sectionality research. Exclusion of a Forgotten Social Group Researcher Judy Gummich has described Dominik Baldin the groundwork regarding the intersection of disability and migrant backgrounds – mini- This study addresses the classic question or, mal even from an interdisciplinary point of respectively, the classic conflict associated view – as black holes in the universe of reali- with sociological research, namely the rela- ties. On the one hand, this indicates the ur- tionship between individuals, groups and so- gent need for research concerning this subject. On the other, it highlights the necessity of narrowing down the research focus over the course of the study so as to be able to proceed in a sufficiently explorative way. Under these circumstances it also appears appropriate to take a qualitative approach. This will be done with respect to a specific social environment, the metropolitan area of the "Ruhrgebiet". In cooperation with the Prof. Mohammed Rajab (Principal of Pwani University Col- City of Dortmund, a multi- lege), Prof. Dr. Elisabeth Wacker, Prof. Justice Onesimus faceted operationalisation of Mutungi (Chancellor of Kenyatta University), and Prof. Justin the issue of "life situation Irina (Chairman of the Pwani University Council) (left to and lifeworld of persons right), Kilifi, Kenya, 16 June 2011. with disabilities and a mi-

129 Report 2010 – 2011

grant background" will be developed. With The Federal Republic is thus committed ac- respect to accessing a person's lifeworld, a cording to Art. 4, Para. 1, Sent. 2, UN CRPD close relation to the social subsystem of "to adopt all appropriate legislative, adminis- "work" is emphasised whilst maintaining trative and other measures for the imple- sight of other dimensions of people's every- mentation of the rights recognised in the day life. Particular importance is placed on present Convention" (lit. a) and "to take all the question of how a disability was acquired appropriate measures, including legislation, during a person's lifetime in conjunction to modify or abolish existing laws, regula- with their migration experience, and what tions, customs and practices that constitute Dr. Minou Banafsche impact this has had on the person's attitude discrimination against persons with disabili- towards disability issues. In terms of meth- ties" (lit. b). Therefore, the responsibility lies odology, interviews shall focus on retrospec- with the legislature, the executive and the tive process and impact. "Changes in condi- judiciary. In Germany this extends to both tions" during a person's life will be used as a the Federation and the Länder (cf. Art. 26 benchmark to obtain valid data regarding and 27 of the Vienna Convention on the Law specific exclusion mechanisms in the struc- of Treaties, as well as Art. 4, Para. 5, UN ture of society. CRPD). Conflicts arising between existing An initial point of contact for this study will simple federal legislation and the UN CRPD be support facilities for persons with disabil- must be removed. In addition to the neces- ities in urban quarters of Dortmund that as- sary modifications that will have to be made sist a high percentage of people with a mi- by the legislator to convention-breaching grant background. Subsequently, interview regulations, the principle of "lex posterior partners shall be identified by adopting the derogat legi priori" could be given considera- "snowball principle", whereby people who tion, a principle forcing the administration are acquainted with those involved in the and the courts to apply "more recent" legisla- study, and who likewise belong to this key tion – in this case the UN CRPD. However, population, will be contacted. The qualita- this will only be required if international law tive orientation of this study and the conse- interpretations as an expression of the prin- quent lack of intention to draw conclusions ciple of openness to international law as en- from inductive statistics for the key popula- shrined in the German legal system can no tion justify this methodology. longer be realised within the boundaries – With respect to the theoretical approach, the applicable also to constitutional interpreta- concept of this transdisciplinary field study tion – of the norm wording and the clear in- is positioned between sociology and the retention of the legislator. A specific form of habilitation sciences. As far as possible, in- interpretation pertaining to international law teresting findings that go beyond the scope is the one based on human rights. This inter- of this study should be put up for discussion pretation has its foundation in Art. 1, Para. 2, in research journals related to this subject. Basic Law, whereby the German people ac- knowledge "inviolable and inalienable human rights as the basis of every community, 2.2. The German Basic Law in Light of of peace and of justice in the world". the UN Disability Rights Convention Minou Banafsche The situation becomes more complex in the case of an interpretation pertaining to inter- The "Law on the United Nations Conven- national law or, respectively, human rights if tion of 13 December 2006 on the Rights of it is not simple statutes that are questioned Persons with Disabilities and on the Option- but constitutional law itself, i.e. if the frame- al Protocol of 13 December 2006 to the UN work for the guarantee of human rights pro- Convention on the Rights of Persons with vided for in the UN CRPD goes beyond the Disabilities" of 21 December 2008 has given one offered under the fundamental rights of validity to the UN Convention on the Rights the Basic Law. This becomes especially re of Persons with Disabilities (CRPD) on a na- levant within the scope of economic, social tional level in the form of a simple federal and cultural rights. Evidently, the principle law pursuant to Art. 59, Para. 2, Sent. 1, Ba- of openness to international law also applies sic Law. The UN CRPD came into effect on to constitutional law. Thus, the German Fed- 26 March 2009 in Germany. eral Constitutional Court [Bundesverfas-

130 III. MAX PLANCK FELLOW GROUP sungsgericht] states in its constant jurisdic- rights enshrined in the UN CRPD as, for in- tion that the fundamental rights enshrined in stance, contained in Art. 25, Basic Law, the Basic Law must be interpreted in accord- which requires that "the general rules of in- ance with the openness to international law. ternational law shall be an integral part of Although international treaties like the UN federal law, and shall take precedence over CRPD, as simple federal law, are subordi- the laws and directly create rights and duties nate to the Basic Law, they impact the inter- for the inhabitants of the federal territory". pretation of fundamental rights and the rule The same holds true for Art. 140, Basic Law, of law principles enshrined in the Basic Law whereby "the provisions of Art. 136, 137, insofar as they serve as an aid for interpreta- 138, 139 and 141 of the German Constitu- Isabella Bertmann tion when it comes to defining the latter to tion of 11 August 1919 shall be an integral the extent that this does not limit or derogate part of this Basic Law". In fact, the Basic from the protection of the fundamental Law only allows for a de facto incorporation rights provided by the Basic Law. The latter in certain cases – which might conversely al- case refers to Art. 4, Para. 4, UN CRPD. low the conclusion that such incorporation is However, this does not affect the formal or- not intended in other cases. As a converse der of precedence and the Federal Constitu- conclusion is not imperative, one must be al- tional Court articulates that the German lowed to think about an incorporation of hu- Constitution has the "last word". The Court man rights as laid out above. Finally, it is to has stated that criteria pertaining to funda- be investigated whether the upgrading of the mental rights also determine the interpreta- order of precedence of the UN CRPD might tion and implementation of international not be possible via the primacy of Commu- treaties, which, pursuant to Art. 59, Para. 2, nity law, due to Germany's dual international Basic Law, become legally binding by an act treaty obligations as a direct party to the con- of assent. International treaties that require vention on the one hand and, on the other, as the interpretation and application by nation- a member state of the European Union, al courts are to be interpreted in light of the which has ratified the UN CRPD for its part. Basic Law. National constitutional law and The research subject outlined above, more- international law are therefore interdepend- over, focuses on whether – in view of the UN ent. This arises from the principle of prece- CRPD, particularly Art. 1, Subpara. 2, which dence of the Basic Law over simple federal determines who is defined as a person with law as specified in Art. 20, Para. 3, Basic disabilities – the national definition of dis- Law, on the one hand and, on the other, from ability as enshrined in Art. 2, Para. 1, Social the thematic orientation of the Basic Law Code Book IX requires further development towards human rights as expressed in Art. 2, or modification. Para. 1, Basic Law.

In response to this and to the resulting un- 2.3. Social Security and Persons with certainties whether to be able to contribute Disabilities in "Developing Countries" most fully to the efficacy of the human rights Isabella Bertmann incorporated in the UN CRPD in the event that the fundamental rights enshrined in the All over the world persons with disabilities Basic Law should remain behind the former, often live below the poverty line. Disability the question arises whether there is a possi- and poverty form a complex structure of in- bility of overcoming the disparity between terwoven conditions, such as social exclu- the orders of precedence by awarding human sion and stigmatisation. Both can be a cause rights a constitutional status and, if so, how and consequence of insufficient or lack of to define this possibility. protection against sickness or unemployment. This is especially true for people living Refused by the legislator and the major part in the so-called developing countries. of the scientific community, but nevertheless worth discussing, is the approach of upgrad- In recent years, the debate addressing per- ing the order of precedence given to the hu- sons with disabilities in international and de- man rights of the UN CRPD on the basis of velopment projects has intensified. Although Art. 1, Para. 2, Basic Law. Moreover, it is also the topic of social security now also has a worth considering the incorporation of the greater presence on the international stage,

131 Report 2010 – 2011

there is hardly any reliable data available that The current focus is on generating empirical allows for a combination of the two issues. data in South Africa during research trips. That is why the topic of social security for For this purpose both expert interviews and persons with disabilities in "developing coun- conversations have been scheduled with per- tries" shall be the subject of this study. sons with disabilities, their families and offi- cials of Disabled People's Organisations The focus will be on South Africa, where re- (DPOs). These will be evaluated according sources are expected to be available for evalu- to social research methods in order to con- ation (experience and impact analysis): South clude the study. Melanie Biewald Africa has a comparatively differentiated, well-developed social security system. Struc- To provide more comprehensive data on the tures have been built up with regard to the impact social security has on persons with so-called "Disability Movement", and there disabilities living in "developing countries" are special welfare benefits available for per- and to place the findings from South Africa sons with disabilities ("Disability Grant"). in a wider context, data from other countries The study concerning persons with disabili- (e.g. Brazil) will be used for comparison. It ties within this social security system is based will also be of interest to investigate whether on research relating to existing studies as well and to what extent the South African social as theoretical discussions including existing security system might provide a role model legislation and official documents. This re- for other so-called developing or threshold fers to both the South African social security countries regarding the inclusion of persons system in general and the socio-political situ- with disabilities. ation of persons with disabilities.

The study shall approach the illustration of 2.4. Seeking Competence: Concepts this complex issue from two levels. Both lev- and Standards for Good Employees in els shall be compared in order to comprehen- the Focus of Social Service Provision sively delineate the reality and the effects of Melanie Biewald social protection for persons with disabilities. First of all, the intentions and actions of A diversified support system is available for South African social policy must be examined people with disabilities. Its efficiency (mate- with respect to the social inclusion of persons rial quality and personnel skills) has a sub- with disabilities. The criteria of this study stantial impact on the condition and quality will incorporate the focus according to which of life of those who utilise it. This research persons with disabilities are given considera- paper focuses on the relevant elements re- tion, and the question as to the respective garding the development of services that suit understanding of "disability" and "inclusion". the new principles of self-determination and inclusion. Secondly, the extent to which social policy achievements and endeavours impact on the The fact that people utilising social services reality must be investigated. Here the main are increasingly given authority through new questions are: what impacts are associated steering mechanisms like direct payments, with social security mechanisms? And, what requires the service providers to adopt new positive or negative changes in the living approaches (such as service orientation and conditions of people result from receiving so- inclusive support) and competencies (like cial services? Therefore, the group receiving counselling and assistance instead of wel- the South African "Disability Grant" shall be fare). In order to facilitate participation the examined. What is important in this respect full commitment and deployment of exper- is not so much the question of reducing tise on the part of professionals will be re- monetary poverty (i.e. of the amount of the quired more than ever. This, in combination available grant), but rather the opportunities with new concepts (e.g. social environment and chances social services open up for indi- orientation) and actors (e.g. families and per- viduals with disabilities. The "Capability Ap- sons showing civic commitment), urgently proach" taken from Amartya Sen's welfare calls for a reflection on new staff require- economics shall serve as a theoretical basis ments and for a specification of required for the analytical framework in this context. competencies. At the same time, cost pres-

132 III. MAX PLANCK FELLOW GROUP sures on service providers (facilities for the the field of personnel management in com- disabled) are rising, making it necessary to mercial enterprises that might be transferr- broaden the focus from mere demand fulfil- able to the social sector and into how these ment to economic goals. This is necessary to techniques might be applied in a meaningful remain efficient and competitive. way. So far the pertinent "economic knowledge" does as little justice to the special na- These controversial challenges require multi- ture of the organisational form and its spe- ple balancing acts that are centred on the cific, diverse staff structure, as to the staff. Employees play a key role in providing requirements brought about by the changes personalised support services, whilst reduc- in the care provider environment (due to in- ing the steadily increasing costs of social ser- dividualised service provision) and in social vices. On a daily basis they often have to cope benefit systems (due to inclusion benefits with precarious employment conditions in- and demographic change). Requirements of volving low income, segmented contracts, job this sort have an impact on the employment cuts and outsourcing. Many service providers situation in the respective facilities (staff believe that this is the only way to defy the structure, age, level of competence, health, pressure to rationalise. However, this increa- job satisfaction etc). Any measures pertain- ses the risk of negatively influencing the ing to the recruitment, management, compe- quality of service. After all, "human re- tence and training of personnel must take sources" are the most significant element in this fact into account. the provision of personalised social services. A lack of qualified and committed staff will Through content analysis and field study, lead to a loss of quality. Personnel related sav- best case scenarios shall examine which ings could be a kneejerk reaction causing competencies and personal skills "qualified" negative side effects, such as a decline in pro- staff supporting disabled people must have ductivity, high fluctuation rates and burnout or acquire in order to address these new among those who remain in the profession. challenges. It shall be determined what "good" support, in terms of user orientation, For a good twenty years, and increasingly may mean in the future and which changes over the past ten years, social organisations to prerequisite qualifications will be neces- have begun to introduce management tech- sary. At the same time the study shall find niques in order to run facilities and services ways in which staff potential can be tapped, more efficiently. Topics such as controller- developed and preserved, while also looking ship, leadership and marketing are no longer at the question of how the individual inter- "foreign matter". There is an abundance of ests of the latter can be safeguarded (e.g. in management literature that is specifically terms of respecting performance limits and geared to the third sector. A small thematic facilitating self care, thus maintaining job part thereof is dedicated to the issue of "per- satisfaction) in light of changing work re- sonnel". However, as a rule the emphasis is quirements. Options regarding further train- on personnel management. Literature on ing are also part of staff care in this context. personnel development and staff support is For this purpose, staff diversity (motivation, rare. For the most part, no reference whatso- qualification, personality, efficiency, gender, ever is made to current challenges and the personal situation) must be taken into ac- transformation of the third sector, or even to count and assessed against the background current challenges that workers face: their of their significance for the successful provi- task is to strengthen the capacities of people sion of the respective social service. in need of support, work in a professional manner and gain satisfaction from their vo- The first research phase has established the cation. theoretical access points (based on the social psychology of prerequisite social service This is a paradox, since personnel counts as training) and the changing conditions of the the most crucial variable in the successful scope of tasks evaluated (in compliance with provision of social services – more crucial parameters pertaining to organisational soci- even than in any other economic sector. This ology). The next phase will comprise the is why an investigation shall be made into field research analysis of the staffing and the sort of knowledge and techniques from skills profile.

133 Report 2010 – 2011

2.5. Counselling for Families of Children Over the past 20 years, the issue of how to with Disabilities – Importance for and provide support to families with a disabled Impact on Beneficiaries child has been emphasised as a relevant re- Luisa Demant search topic in the fields of curative and special needs education. Research in this con- Nowadays people are increasingly reassess- text is for the most part directly related to ing their decisions and duties due to indi- measures (integration benefits/services or vidualised living conditions and a decline in family support services) that have yielded a universally valid norms and action-orientated range of studies. However, there seems to be Luisa Demant processes. This dynamic societal change has no question, and it has been a regular finding heightened the significance of counselling of these studies, that families with a disabled concerning daily task performance. There is child are also in need of counselling in their a wide range of services dealing with ques- various and often challenging life situations. tions relating to "disability and rehabilitation". They are often administrated and fi- Furthermore, the user perspective has re- nanced by rehabilitation providers within the cently gained importance. Studies analysing framework of joint service units [Gemein- the use of family support services show that same Servicestellen], as enshrined in Social families with a disabled child largely feel in- Code Book IX, Art. 22 et seq. A key role in sufficiently educated on their entitlement to the counselling of families with a disabled benefits and possibilities despite the exist- child is largely played by early intervention ence of a great number of counselling centres and counselling service units with extensive in close proximity. Even the possibility to ob- coverage, whose configuration is regulated tain useful information does not necessarily by the federal states. Welfare organisations, lead to a more frequent use of family support as well as associations from the self help sec- services; conversely, however, families who tor, provide counsel on various issues make use of such services are generally better throughout the country. Likewise, the "call informed as regards their entitlement to ben- for more counselling" is still very audible efits and support options. Is it therefore the around and amidst social services. formalised counselling centres that have a positive impact on the living conditions of Since there are no uniform quality standards families? Is this where the relevant compe- with regard to counselling, anybody may, on tence can be found that meets the needs of principle and regardless of profession, offer families requiring support? Or is it rather the counselling services. For this reason there are "peer support" approach that is to be given various additional private counselling services preference, i.e. semiformal or informal con- that are provided and executed by psycholo- tacts with the consulting competence pri- gists, psychotherapists, supervisors, social marily on the part of those affected? workers and social pedagogues. It is these fundamental issues that shall be Counselling as a research topic has, so far, re- systematically assessed and evaluated in this ceived little attention. To date, there is neither research paper in the context of the new so- a scientifically substantiated "classification of cio-political settings. An analysis shall be problems" in regard to which individuals seek made of the extent to which counselling ser- advice, nor has the significance of counselling vices contribute to better inclusion in life of for coping strategies been examined or its im- disabled persons or, respectively, of families pact – beyond the monetary perspective, i.e. with a disabled child or a child at risk of dis- the fact that "good advice" may not come ability. This is aided by a screening and moni- cheap, but at a price – been systematically toring procedure: various counselling services evaluated. It remains an open question as to (e.g. services focusing on medical-therapeuti- which forms of intervention in counselling cal, social, psychological and pedagogical (one-to-one talks, information, networking support, or on assistance related to the bene- etc.) will turn out viable in particular contexts fits system or coping strategies) shall be ex- and in relation to particular issues. This is de- amined with regard to their institutional spite an abundance of practical knowledge background in order to assess the way and and experience reports, as well as manuals on extent to which counselling corresponds with counselling techniques (guidebooks). a usable or effective result for respective cli-

134 III. MAX PLANCK FELLOW GROUP ents. For methodological purposes reference torical, one-dimensional approach to empiri- may to some extent be made to recent inter- cal research, as well as a theoretical "pigeon- action research in medicine. Issues relating holing" of DiM. In addition, DiM appears to value-based "guidance" shall, however, not particularly relevant to the significance of be "neutralised" in this context; it must be homosociality with regard to an increased examined whether good and neutral counsel- chance of inclusion: the question is to what ling is feasible or whether it can (or must) at extent a conscious construction of identity least reveal its guiding interests. For it is pre- takes place among decision makers, along- sumed that counselling does not only com- side flexible parameters with a view to inco- municate information but that it also influ- herencies in and derogations from the Laura Dobusch ences decisions and individual paths through "standard biography", and whether this may life. The method used shall focus on a user- have a positive effect on the permeability of oriented approach that is to provide a new the different organisations. scientific basis to the many competing agents offering counselling services. The investigation of the practical application of Diversity Management is based on the "inequality" categories of disability and gen- 2.6. Consolidation, Flexibilisation or der, which form the central units of analysis. Erosion of Standard Biographies? The The reasons for this are varied: in principle, Contribution of Diversity Management gender equality practices have been gaining to Social Inclusion ground for decades and yet concepts like dis- Laura Dobusch ability mainstreaming are still in their infan- cy in Germany. Contrary to gender, the cat- This dissertation considers the current para- egory of disability is hardly considered in digm of equality and the resulting require- DiM research. It is thus beyond doubt that ments for inclusion and mechanisms of ex- there is a need for investigation. Moreover, clusion in organisations. Within organisations the categories of gender and disability are lo- the generation of equality wavers between cated at opposite ends of the poles of eco- the manifest "principle of efficiency" and la- nomic exploitability logic. While women, in tent practices of "homosociality". The profi- terms of unexploited human resources, have teers of these homosocial organisational in recent years become the focus of staff practices are mostly members of a dominant policies, persons with disabilities are fre- group who, for the purpose of this specific quently regarded as a burden rather than a analysis (Germany and Austria), may be de- benefit to organisations. fined as white, ethnic German males, who are heterosexual and without disabilities. The central question of the study is: "Under They represent a homogeneous ideal. what conditions can Diversity Management in organisations contribute to social inclu- This study focuses on an extensive examina- sion?" Priority is given to internal control tion of the organisational practices of gene- modes within organisations rather than di- rating equality or reducing inequality, adopt- versity-related product development, prod- ed under the topic of "Diversity Management" uct marketing or customer orientation. Dif- (DiM). ficulties are to be expected regarding the The implementation of Diversity Manage- implementation of the issue, as an increase ment is increasing in German organisations. in the chance of inclusion will hardly be dis- However, it still remains a relatively new cernable in direct response to actions taken. phenomenon in comparison to the situation Conversely, this will be identified indirectly in the US. Similarly, the present scientific by looking at the extent to which the focus discourse around DiM tends to be a dualistic from the "homogeneous ideal" of the domi- one: on the one hand there is an emphasis on nant culture within an organisation is shift- empiricism via a case-by-case approach with ing towards alternative, anti-normalist con- a view to economic exploitability, and on the ceptions of identity and career biography. In other hand there is a predominance of theo- this respect greater legitimacy will be applied ry, whereby DiM is analysed in the context of to the latter. Can we refer to some sort of a criticism expressed against profit-oriented erosion, flexibilisation or even consolidation exploitation logic. The result is an often ahis- of these norms?

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The research structure provides for compara- of human nature, the social model of disabil- tive field studies of three or four organisa- ity (as defined in the International Classifica- tions. An important selection criterion for the tion of Functioning, Disability and Health units of investigation is the practical experi- (ICF) of the WHO, 2001) focuses on the ence at hand gained from extensive applica- construction of disability by means of an in- tion of the inequality categories of disability terdependence between various parameters. and/or gender in DiM. The focal survey Disability is thus regarded less in terms of an method concentrates on episodic interviews individual deficiency or deviation from a con- with different members of the relevant or- structed norm as such, but rather as a prob- Corina Hoffmann ganisations (e.g. the human resources staff, lem created within and by society. To this ef- employees and DiM target groups). The ma- fect, many manifestations of human diversity terial collected will be backed up by a docu- are turned into a form of disability only on ment analysis centring on textual discourse account of exterior and artificial barriers. fragments (fundamental papers, guidelines, development plans) and key figures concern- The assertive request of the UN CRPD to ing the financial and employment structures guarantee persons with disabilities inclusion of the organisations. With information col- and equal, active participation in all aspects lected at various levels of the organisations, of life, living and society is, in such concise this diversity of data shall allow for a multi- form, fundamentally new – thus denoting level analysis and adequate implementation the so-called paradigmatic change. of the latter. At the same time this will serve as a basis for methodological triangulation. From a theory-based perspective this disser- The empirical phase of this study is currently tation will focus on the phenomenon of the underway (as of September 2011). UN CRPD in terms of its being an innovation, with the aim of subsequently examining its implementation. It shall first look at the 2.7. Diffusion and Inclusion: The Imple question whether, or to what extent, the con- mentation of the UN Convention on the vention can be regarded as an innovation, Rights of Persons with Disabilities in and how this new setting is embraced within East Africa and between the societies of three select Corina Hoffmann countries: How is the UN CRPD implemented? With regard to implementation, do The complex of themes relating to universal the respective countries revert to experience human rights has been resounding for de gained by the others? Do they in this process cades in terms of a variety of agreements, apply methods along the lines of policy trans- treaties and regulations as well as conven- fer, imitation or even enforcement? What tions. Similar to the long absence of an ex- roles do diffusion processes play in the adop- plicit determination and affirmation of the tion and implementation? Information on rights of women and children, the rights of these issues shall be provided by a compara- persons with disabilities, too, have long been tive country analysis. neglected. The adoption of the UN Conven- tion on the Rights of Persons with Disabili- While diffusion theory has long prevailed in ties (also known as UN Disability Rights ethnology and the economic sciences, it is Convention (UN CRPD)) in December 2006 considered a relatively new research ap- has remedied this shortcoming at the inter- proach in political science, particularly due national level. However, in this context the to the deepening of European integration and term "disability" has not specifically been de- increasing worldwide globalisation. Diffusion fined. The convention is regarded as an inte- in this context is defined as the dissemina- gral part of a movement that has effected a tion of, for instance, political innovations as a change from the so-called medical model to result of contact between societies. Among the social model. While the medical model of other things, social change can be character- disability (as defined in the International ised by innovation and modernisation, and is Classification of Impairments, Disabilities, effected by the introduction of new develop- and Handicaps (ICIDH) of the WHO, 1980) ments into social systems. Diffusion theory characterises disability primarily as a patho- therefore tries to clarify, from different per- logical disorder and deviation from the norm spectives, the way in which new develop-

136 III. MAX PLANCK FELLOW GROUP ments spread within and between societies, ascribing innovation a central role in the explanation of social change. An innovation may be any idea, process or object, insofar as a social group subjectively perceives it as "new". Furthermore, political diffusion theory acknowledges the fact that countries are no isolated actors, but maintain interdepend- ent relationships with one another. In this respect the term "social group" may also refer to an entire society. Since the term "political diffusion" is conceptually closely linked to the terms of "political transfer" and "political convergence" and occasionally even used as a synonym for the latter, a clear analytical distinction will be necessary.

To date very few studies exist on the implementation of UN CRPD since it has only recently been introduced. In many cases the research field on persons with disabilities is still strongly shaped and influenced by activ- ists and lobbies. Moreover, the focal research point of European and North American scientists is exclusively directed at EU and OECD countries. Studies from an African or Asian perspective are largely inaccessible. In general, there is a distinct lack of systematic comparative analyses, particularly with regard to countries and regions outside Europe and the OECD.

In June 2011 a conference held in Kilifi, Kenya, with participants from Kenya, Ger- many, South Africa, Malawi and Zimbabwe, showed that African studies are also predom- inantly focused on national issues. By shifting the focus on Kenya, Tanzania and Ugan- da, and therefore comparing the three main countries of the politically relatively stable region of East Africa, the research paper seeks to help close this gap.

With theoretical preparatory work complete and first field contacts established, the current centre of attention is the determination of the exact research method. It is expected to be a mix of methods of explorative character consisting of secondary analyses and primary data acquisition.

137 Report 2010 – 2011

138 IV. Events Organised by the Institute Report 2010 – 2011

1. A Social Event! Cer- Planck Society. He said that, on the other hand, economists and jurists had not entered emony on the Occasion into a closer relationship until the creation of of the Establishment of the law and economics movement in the 1970s. According to Wolfgang Schön, the the Second Department new Institute for Social Law and Social Poli- at the Max Planck Insti- cy gave evidence of the continuing trend towards interdisciplinary work. He emphasised tute for Social Law and that work concepts, as far as a proper division of labour between economists and ju- Social Policy rists was concerned, should not be entirely

segmented from each other and that, rather, Michael Schlegelmilch the economists would need the jurists as The boxes are almost unpacked. The Mu- profound connoisseurs of a myriad of legal nich Center for the Economics of Aging situations and history of law. Reversely, econ- (MEA) has started work in Munich, and the omists might also help widen legal views. former Max Planck Institute for Foreign and International Social Law has been renamed The two directors of the Max Planck Insti- into Max Planck Institute for Social Law and tute for Social Law and Social Policy sub Social Policy. The official signal which had sequently presented their research perspec- still not been given for the start of a new era tives to the audience. in the history of the Institute was given by Axel Börsch-Supan first introduced the re- the two directors, Ulrich Becker and Axel search activities of MEA. Against the back- Börsch-Supan on 14 November 2011 in the ground of an aging society the new depart- form of an official ceremony. Among the 130 ment was looking for answers to the question guests who gathered at the Siemens Forum as to what impact social law had on people were the former Institute directors, repre- and their current and future behaviour. In sentatives of the Max Planck Society, mem- addition to the economic analyses in the bers of the scientific advisory board and field of social policy, health care and the board of trustees, companions from minis- macro implications, MEA also focused on tries and associations, as well as active and data collection. If one wanted to understand former staff. one's own welfare state, a comparison had to be drawn with other social states, said Axel In his welcome speech, Ludwig Kronthaler, Börsch-Supan. He thanked the Max Planck secretary general of the Max Planck Society, Society that it was possible to integrate MEA wished the Institute all the best. He prais- and its staff as an existing institution into our ed the Institute as a veritable kaleidoscope Max Planck Institute. In the shared future, whose crystals were unrivalled anywhere in which was to allow for the continuation of the world, with the second department fur- already existing projects, the research ques- ther adding to this by its precious socioscopes. tions to be dealt with would always have two dimensions, one referring to social law and Wolfgang Schön, vice president of the Max one referring to social policy. Planck Society, looked back on the relationship between legal and economic research in In the following lecture, Ulrich Becker out- the Social Science Section of the Max lined the research perspectives from the so- Planck Society. He recalled that, after foun- cial law perspective and delineated the basic dation of the section in 1953, the focus had principles of the future collaboration be- first and foremost been on the legal insti- tween the two departments. He referred to tutes and that it had taken until 1964 before the points of contact between the disciplines an economist became director of an interdis- but also made clear that there would be no ciplinary institute for the first time. In 1993, master plan for joint research. Rather, the cu- the first institute of economic science was riosity for and the shared interest in joint re- founded, namely the Max Planck Institute of search topics should form the basis for a Economics. Wolfgang Schön ascribed this fresh impetus. To Ulrich Becker, law in this development, on the one hand, to the princi- case could be both demander and provider. ple of subsidiarity adhered to by the Max He said that, in the effort to elaborate the

140 IV. EVENTS ORGANISED BY THE INSTITUTE

Prof. Dr. Ulrich Becker and Prof. Axel Börsch-Supan, Ph.D. with speakers and guests: Prof. Dr. Udo Steiner (University of Regensburg), Prof. Dr. Dr. h.c. mult. Hans F. Zacher, Prof. Dr. Franz Ruland (Chair of the German Social Advisory Council), Prof. Dr. Elisabeth Wacker, Dr. Ludwig Kronthaler (secretary general of the Max Planck Society, Munich), Prof. Dr. Wolfgang Wiegard (University of Regensburg), Prof. Dr. Dr. h.c. Wolfgang Schön (vice president of the Max Planck Society, Munich) and Prof. Dr. Moris Lehner (Ludwig Maximilian University, Munich) (left to right, top to bottom). particularities of social law mainly by legal Franz Ruland started his contribution with a comparison, extralegal findings would be critical remark saying that social law and so- needed; these could now be accessed through cial policy showed too little interaction new and direct channels at the Institute. Fur- through discussions or reading of each oth- thermore, the second department would be er's findings, even though both disciplines able to support social law in its empirical belonged together. Social policy was the analyses. Social law would in turn be able to greater whole of social law, while social law offer help regarding the elaboration of em- was "writ clear" social policy. He referred to pirical models. Ulrich Becker summed up the process of social legislation continually that social law and social policy should be (re-)establishing itself. During this process, mutually supportive in their future research. social policy and social law performed essen- He invited the attendants to grant the ex- tial tasks for both the development of solu- tended Institute their continued favour and tions and the assessment of the newly creat- critical attention. ed law and its framework conditions. In this context, he referred to the lectures of Ulrich In the next two lectures Franz Ruland and Becker and Axel Börsch-Supan. Social secu- Wolfgang Wiegard commented on the rela- rity was subject to security and certainty, to tionship between social law and social policy continuity and to a sufficient level of infor- from a prominent perspective from outside mation on the part of those involved. This the Institute. Ulrich Becker had previously also meant that social security schemes must thanked them both for their advice and sup- be adaptable. In this complex field of tension port during the enlargement process. between continuity and flexibility, social pol-

141 Report 2010 – 2011

icy and law respectively make their contribution to a fairer social order. Franz Ruland said that he hoped for impulses to be given from both departments in this respect.

In a second external perspective Wolfgang Wiegard first gave an insight into the enlargement process of the Institute before turning to the subject of interdisciplinarity. Accord- ing to his long-standing experience, e.g. as a member of the German Council of Econom- ic Experts (GCEE), economic policy advice was dependent on social policy research. And social policy research in turn was dependent on the law. In this context, Wiegard referred to the shortcomings of the concept developed by the Commission on "Modern Services in the Labour Market". Even if, due to the international state finance crisis, social policy was currently taking a back seat, there was a connection between social policy and the sovereign debt crisis. Finally, Wolf- gang Wiegard ventured to prognosticate that, once the current crisis had been overcome, the focus would be on social policy again. The new Max Planck Institute for Social Law and Social Policy would then play a major initiatory role.

The ceremony provided a first impression of the future research conducted by the Max Planck Institute for Social Law and Social Policy. A reception following this "Social Event" gave Institute staff and other invited guests the opportunity to get to know one another and discuss the above-mentioned perspectives.

142 IV. EVENTS ORGANISED BY THE INSTITUTE

2. Symposia, Conferences Ute Klammer, Christina Klenner: Keynote Speech: Frauen als Familienernährerinnen and Workshops [Female Breadwinners]

2.1. Foreign and International Social Law 20 May 2010: Conference: "Im Zweifel auf Privatrezept? 4 – 5 February 2010: Sozial- und haftungsrechtliche Aspekte des German-Brazilian Workshop: "Schutz und gerichtli- Off-Label-Use" [Reimbursement of Off-Label che Durchsetzbarkeit des Rechts auf Gesund- Drugs from the Perspective of Social Law and heit in Brasilien" [Protection and Legal Enforce- Liability Law], Max Planck Institute for Foreign ability of the Right to Health in Brazil], Max Planck and International Social Law, Munich. Institute for Foreign and International Social Law, Munich. Ulrich Becker: Welcome and Introduction to the Topic Ulrich Becker: Welcome Address Dirk Jäger: Medizinische Notwendigkeit und Grenzen des Off-Label-Use in der ärztlichen I. Research Groups Praxis [Medical Necessity and Limitations to Off-Label Use in Medical Practice] 1. "Das Recht auf Gesundheit aus der Sicht Nikola Wilman: Off-Label-Use in den USA der Gerichtsbarkeit in Brasilien" [The Right [Off-Label Use in the USA] to Health from the Perspective of Brazilian Hans-Jürgen Kretschmer: Aktuelle Recht- Case Law] sprechung zum Off-Label-Use [Current Juris- Ricardo Perlingeiro Mendes da Silva, Ulrich diction on Off-Label Use] Becker, Jan Peter Schmidt, Lorena Ossio Sabine Richard: Off-Label-Use aus Sicht Bustillos der Kostenträger [Off-Label Use from the Perspective of Third-Party Payers] 2. "Das Recht auf Gesundheit aus der Sicht Barbara Sickmüller: Off-Label-Use aus Sicht der Gesundheitspolitik in Brasilien" [The Right der Pharmaindustrie [Off-Label Use from the to Health from the Perspective of Brazilian Perspective of the Pharmaceutical Industry] Health Care Policy] Ute Walter: Haftung des verordnenden Arztes Túlio Batista Franco, Heinz Meditz, Hans- [Liability of the Prescribing Physician] Joachim Reinhard, Eva Maria Hohnerlein Jens Göben: Haftung des pharmazeutischen Unternehmers [Liability of the Pharmaceutical 3. "Die Besonderheiten des effektiven Entrepreneur] Rechtsschutzes im Gesundheitswesen" [The Particularities of Effective Legal Protection in Health Care] 22 June 2010: Fábio de Souza Silva, Heinz Meditz, Conference: "EU-Beihilfenrecht und die Finan- Lorena Ossio Bustillos, Nikola Wilman zierung sozialer Dienstleistungen auf kommunaler Ebene" [EU State Aid Law and Financing of Social Services at Municipal Level], in cooperation II. Lectures with the City of Munich, DGB-Haus, Munich.

Ricardo Perlingeiro Mendes da Silva: Verwal- Friedrich Graffe: Welcome and Introduction tungsgerichtsbarkeit und kollektive Gesundheit Ulrich Becker: Allgemeine beihilfenrechtliche [Administrative Jurisdiction and Collective Vorgaben für die Erbringung sozialer Dienst- Health] leistungen in der Kommune [General State Aid Túlio Batista Franco: Gesundheitspolitik in Provisions and the Provision of Social Services Brasilien [Health Care Policy in Brazil] in the Municipalities] Fábio de Souza Silva: Die Besonderheiten des Stephan Rixen: Kommunale Finanzierungs- effektiven Rechtschutzes im Gesundheitswe- verantwortung für soziale Dienstleistungen und sen [The Particularities of Effective Legal Beihilfenverbote Sozial-, Kinder- und Jugend- Protection in Health Care] hilfe und sonstige soziale Dienstleistungen unter dem Vorbehalt des Wirtschaftsrechts? [The Municipalities' Financial Responsibility 23 March 2010: Regarding the Provision of Social Services and Workshop: "Wettbewerbsrecht in der Gesetzli- the Prohibition of State Aid – Are Social chen Krankenversicherung" [Competition Law Assistance, Child and Youth Welfare and in Statutory Health Insurance], Max Planck Insti- Other Social Services subject to the Effects tute for Foreign and International Social Law, of Commercial Law?] Munich. Markus Schön: Chair of Discussion Anja Schwarz, Michael Müller, Klaus- Hannes Schäch, Christian Holzleitner: 4 May 2010: Comments: Hat das EU-Beihilfenrecht Workshop: "Frauen als Ernährerinnen der Fa- Auswirkungen auf die Finanzierung sozialer milie: Politische und rechtliche Herausforde- Dienstleistungen durch die Kommune? rungen" [Female Breadwinners: Political and Legal [Does EU State Aid Law Impact on the Challenges], in cooperation with the University of Municipal Financing of Social Services?] Duisburg-Essen and Hans-Böckler-Stiftung, Essen. Markus Schön: Chair

Ulrich Becker: Chair of Final Discussion

143 Report 2010 – 2011

8 – 9 July 2010: 6 December 2010: Doctoral Seminar held by Deutscher Sozial Symposium: "Die Vermarktung von Namensrech rechtsverband e.V., Max Planck Institute for ten an Sportstätten im nationalen und interna Foreign and International Social Law, Munich. tionalen Recht" [The Marketing of Naming Rights to Sports Facilities in National and International Law], co-organised with the Max Planck Institute for 10 September 2010: Comparative and International Private Law and the Alumni Meeting: "Europäische Integration und Forum on International Sports Law, Hamburg. Sozialrecht nach dem Inkrafttreten des Ver trags von Lissabon" [European Integration and Reinhard Zimmermann: Welcome Address Social Law after the Entry into Force of the Lisbon Mirko Wittneben: Die Vermarktung von Na- Treaty], Max Planck Institute for Foreign and Inter- mensrechten an Sportstätten im nationalen national Social Law, Munich. und internationalen Recht [The Marketing of Naming Rights to Sports Facilities in National Ulrich Becker: Welcome Address and International Law] Bernd Schulte: Europäisches Sozialrecht Maria Walsh, Bernd Hoffmann, Thomas nach dem Vertrag von Lissabon [European Röttgermann, Michael Meeske, Simon Cliff: Social Law after the Treaty of Lisbon] Comments Ulrich Becker: Aktuelle Rechtsprechung des Ulrich Becker: Chair of Discussion Europäischen Gerichtshofs zum Sozialrecht [Recent Judgments by the European Court of Justice Regarding Social Benefits Law] 26 – 28 May 2011: Beatrix Karl: Zwischen Hochschul- und Workshop: "International Standard Setting and Gesundheitstourismus: Unwort oder aus Innovation in Social Security", Max Planck sichtsreicher Trend? [Between University Institute for Foreign and International Social Law, Tourism and Health Tourism: Non-Word Munich. or Promising Trend?] Ulrich Becker, Frans Pennings: Introduction

29 November 2010: I. Different Levels of Standard Setting Conference: "Zeit für Verantwortung im Lebens verlauf – Politische und rechtliche Handlungs Frans Pennings: Chair strategien" [Time for Responsibility in the Life Kari Tapiola: Global Standards: The Policy Course Political and Legal Strategies], Deutscher of the ILO Bundestag, Paul-Löbe-Haus, Berlin. Marius Olivier: Regional Standards I: Case Study on Southern and Eastern Africa Ulrich Becker: Welcome Address Matti Mikkola: Regional Standards II: Josef Hecken: Introduction Case Study on Europe

Panel I: Ehegüterrecht [Matrimonial II. Material Scope: Uncovered and New Risks Property Law] 1. Poverty Silke Borgstedt, Barbara Dauner-Lieb: Input Barbara Darimont: Chair Sibylle Laurischk, Elisabeth Winkelmeier- Edwin Kaseke: Case Study I: Basic Pension Becker, Gerd Brudermüller, Stephan Meder: System in South Africa Comments and Discussion Lorena Ossio Bustillos: Case study II: Birgit Wentzien: Chair Flat Pension System in Bolivia 2. New Risks Panel II: Familienernährerinnen [Female Bernd Schulte: Chair Breadwinners] George Mpedi: Case Study I: HIV in Eastern and Southern Africa Ute Klammer, Christina Klenner: Input Olga Chesalina: Case Study II: HIV in Russia Ekin Deligöz, Nadine Schön, Michael Katsuaki Matsumoto: Case Study III: Long- Meuser: Comments and Discussion Term Care in Japan Birgit Wentzien: Chair Walter Pfeil: Case Study IV: Long-Term Care in Austria Panel III: Soziale Sicherung von Pflegeper- sonen [Social Protection of Carers] III. Personal Scope: Informal Sector and Migrants Ulrich Becker: Input Hilde Mattheis, Elisabeth Scharfenberg, 1. Coverage of Workers in the Informal Sector Andreas Büscher, Uta Meier-Gräwe, George Mpedi: Chair Heinz Rothgang: Comments and Discussion Guillermo Ruiz Moreno: Case Study I: Birgit Wentzien: Chair Informal Sector in Mexico Eberhard Eichenhofer: Case Study II: Marianne Heimbach-Steins: Final Presenta- Informal Sector in Germany tion: "Zeit für Verantwortung – eine Frage 2. Coverage for Migrants der privaten oder der kollektiven Solidarität?" Lorena Ossio Bustillos: Chair [Time for Responsibility – A Question of Pri- Ockert Duppert/ Marius Olivier: Case vate or Collective Solidarity?] Study I: Migrants in South Africa Barbara Darimont: Case Study II: Migrants in China

144 IV. EVENTS ORGANISED BY THE INSTITUTE

Cristina Sánchez-Rodas Navarro: Case der zweiten Hälfte der 70er Jahre [The Family Study III: Migrants in Spain and the Changing Welfare State – The Discus- sion Held by the CDU in the Second Half of IV. Techniques: New Methods and Tools the 70s] Osamu Kawagoe: Zusammenfassende Vorstel- 1. Privatisation lung der Ergebnisse der Modulthemen "Fami- Ulrich Becker: Chair lien und Sozialstaat" [Synoptic Presentation of Carmelo Mesa-Lago: Case Study I: Privatisa- the Findings of the Module Topics "Families tion in Chile and the Welfare State"] Frans Pennings: Case Study II: Privatisation Ulrich Becker, Eva-Maria Hohnerlein: Com- in the Netherlands ments and Discussion 2. Stressing Self-Responsibility: Activation and Defined Contributions II. Intermediäre Organisationen im Sozialstaat Frans Pennings: Chair [Intermediary Organisations in the Welfare Pablo Arellano Ortiz: Case Study I: Defined State] Contribution Schemes in Chile Kristina Koldinská: Case Study II: Defined Hidetaka Tsuji: Problemstellung: Kontinuitä- Contribution Schemes in the Czech Republic ten und Diskontinuitäten des intermediären Sektors in der Bonner Republik und in der DDR [At Issue: Continuities and Discontinui- 20 July 2011: ties of the Intermediary Sector in the Bonn Expert Workshop "Individualisierte Gesundheits- Republic and the GDR] versorgung" [Individualised Health Care] within Hans Günter Hockerts, Winfried Süß: the framework of the cooperative project of the Comments and Discussion Federal Ministry of Education and Research Tomoyo Nakano: Private Wohlfahrtsorganisatio- (BMBF): "Individualisierte Gesundheitsversorgung: nen im westdeutschen Sozialstaat – am Beispiel Ethische, ökonomische und rechtliche Implikationen des Caritasverbands in den fünfziger Jahren für das deutsche Gesundheitswesen" [Individualised [Private Welfare Organisations in the West Health Care: Ethical, Economic and Legal Implica- German Welfare State – Exemplified by the tions for German Health Care], in collaboration with German Caritas Association during the 1950s] the Institute for Ethics, History and Theory of Medi- Osamu Kawagoe: Gab es in der ehemaligen cine at Ludwig Maximilian University Munich, as DDR intermediäre Organisation? Zu den Ak- well as the National Research Center for Environ- tivitäten der Volkssolidarität [Was there some ment and Health at Helmholtz Zentrum München. Form of Intermediary Organisation in the Former GDR? About the Activities of Volks- Georg Marckmann: Welcome Address solidarität] Georg Marckmann: Outline of the Coopera- Hans Günter Hockerts, Winfried Süß: tive Project Comments and Discussion Sebastian Schleidgen: Findings of the Explora- tive Interview Study III. Genderfrage im Sozialstaat [The Gender Elisabeth Meyer, Wolf Rogowski: Individuali- Issue in the Welfare State] sierte Medizin als Sonderfall der ökonomis- chen Evaluation? [Individualised Medicine as Yoshie Mitobe: Der Mythos "Moderne Familie" a Special Case of Economic Evaluation? Find- – vom Kaiserreich bis in die 80er Jahre (Zusam- ings in Literature] menfassung der Modulergebnisse) [The Myth Simone von Hardenberg, Nikola Wilman: In- of the "Modern Family" – from the German Em- dividualisierte Medizin als Leistung der GKV? pire to the 1980s (summary of Module Results)] [Individualised Medicine – a Benefit to be Kae Ishii: Väter im Sozialstaat: Der politische Provided by the Statutory Health Insurence?] Entscheidungsprozess des Erziehungsgeldes in Georg Marckmann, Wolf Rogowski: Discus- Japan und Deutschland von den 1960er zu den sion of Appropriate Case Studies 1980er Jahren [Fathers in the Welfare State: The Policy-Making Process regarding Parental Allowance in Japan and Germany between the 8 September 2011: 1960s and the 1980s] Workshop: "Japanische Perspektiven auf den Nicole Kramer, Christiane Kuller: Comments deutschen Sozialstaat im 'langen' 20. Jahrhun- und Discussion dert" [The Japanese Perspective on the German Welfare State in the "Long" 20th Century] in collaboration with Historisches Kolleg of Ludwig Maxi- 14 November 2011: milian University Munich, the Centre of Contempo- "Ein Social Event!" Ceremony on the occasion of rary History, Potsdam and the Research Group of the establishment of the second department at the the Japan Society for the Promotion of Science Max Planck Institute for Social Law and Social (Prof. Dr. Osamu Kawagoe, Doshisha University, Policy, Siemens Forum, Munich. Kyoto and PD Dr. Hidetaka Tsuji, Hosei University, Tokyo), Max Planck Institute for Social Law and Ludwig Kronthaler: Welcome Address Social Policy, Munich. Wolfgang Schön: Rechts- und wirtschaftswis- senschaftliche Forschung in der Max-Planck- I. Familien und Sozialstaat [Families and the Gesellschaft [Legal and Economic Research Welfare State] in the Max Planck Society] Axel Börsch-Supan: Forschungsperspektiven Koichi Shirakawa: Die Familie und der Sozial- Sozialpolitik [Social Policy Research Perspec- staat im Wandel – aus der Debatte der CDU in tives]

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Ulrich Becker: Forschungsperspektiven Sozial- Krzystof S´ lebzak: Zur Koordinierung der Al- recht [Social Law Research Perspectives] ters- und Hinterbliebenenrenten [Coordination Franz Ruland: Sozialpolitik aus Sicht des of Old-Age and Survivors' Pensions] Sozialrechts [Social Policy from the Perspective Daniel Lach: Zur grenzüberschreitenden of Social Law] Erbringung von Gesundheitsleistungen Wolfgang Wiegard: Sozialrecht aus Sicht der [Cross-Border Health Care Provision] Sozialpolitik [Social Law from the Perspective Marcin Zieleniecki: Auslandstätigkeiten und of Social Policy] das Recht auf polnische Überbrückungsrenten [Posting Abroad and the Right to Polish Bridg- ing Pensions] 24 – 25 November 2011: Stephan Fasshauer: Praktische Fragen der German-Polish Conference: "Die Realisierung Arbeitnehmerfreizügigkeit aus deutscher Sicht der Arbeitnehmerfreizügigkeit im Verhältnis [Practical Issues regarding the Free Movement zwischen Deutschland und Polen aus arbeits- of Workers from a German Perspective] und sozialrechtlicher Sicht" [The Implementa- Bogdan Borecki: Praktische Fragen der Arbeit tion of "Freedom of Movement for Workers" in the nehmerfreizügigkeit aus polnischer Sicht German-Polish Relationship under Labour and [Practical Issues regarding the Free Movement Social Law Apects], in collaboration with the Uni- of Workers from a Polish Perspective] versity of Wroclaw, Poland, Max Planck Institute Eva-Marie Höffer: Schaffung grenzüberschrei- for Social Law and Social Policy, Munich. tender Versorgungsstrukturen in der Unfall- versicherung [Creating Cross-Border Medical Ulrich Becker: Welcome Address Care Structures for Accident Insurance] Elz·bieta Sobótka: Opening Remarks Renata Babin´ ska-Gorecka, Karolina Stopka: Bernd Baron von Maydell: Introduction Familienleistungen bei grenzüberschreitenden Sachverhalten [Family Benefits in a Cross- I. Basic Issues Border Context] Concluding Discussion Herbert Szurgacz: Historischer Überblick über die rechtliche Lage polnischer Arbeitnehmer in Deutschland [Historical Overview of the Legal 12 December 2011: Situation of Polish Workers in Germany] Symposium: "Dopingkontrollsysteme und Ulrich Becker: Europarechtliche Vorgaben für Freiheitsrechte der Sportler" [Doping Control die Arbeitnehmerfreizügigkeit [European Legal Systems and the Personal Freedom of Athletes], Guidelines regarding the Free Movement of co-organised with the Max Planck Institute for Workers] Comparative and International Private Law and Dagmara Skupien´: Rechtliche Instrumente für the Forum on International Sports Law, Hamburg. die Entwicklung eines europäischen Arbeits markts [Legal Instruments for the Develop- Reinhard Zimmermann: Welcome Address ment of a European Labour Market] Martin Nolte: Dopingkontrollsysteme und Freiheitsrechte der Sportler [Doping Control II. Wirtschaftliche Rahmenbedingungen Systems and the Personal Freedom of Athletes] [Economic Framework Conditions] Christoph Becker, Johannes Caspar, Andreas Thiel, Silke Kassner: Comments Timo Baas: Wirtschaftliche Bedeutung der Ulrich Becker: Chair of Discussion Freizügigkeit aus deutscher Sicht [Economic Importance of the Right to Free Movement from the German Perspective] Maciej Z˙ukowski: Wirtschaftliche Bedeutung 2.2. Munich Center for the Economics der Freizügigkeit aus polnischer Sicht [Eco- nomic Importance of the Right to Free Move- of Aging (MEA) ment from the Polish Perspective] Werner Tegtmeier: Perspektiven eines euro 24 – 25 August 2011: päischen Arbeitsmarkts [Perspectives of a "Strategy Workshop Health", Max Planck Insti- European Labour Market] tute for Social Law and Social Policy, Munich.

III. Arbeitsrechtliche Fragen [Labour Law 1 – 3 September 2011: Issues] "SHARE User Conference", Estonian Institute for Population Studies, Tallinn University, Estonia. Martin Franzen: Zur Anwendung und Durch- setzung nationaler Arbeitsbedingungen [Appli- 28 – 30 November 2011: cation and Implementation of National Work- "SHARE Wave 5 Meeting", Central European ing Conditions] University, Budapest, Hungary. Ludwik Florek: Die Lage der entsandten Arbeitnehmer in Polen aus arbeitsrechtlicher 19 December 2011: Sicht [The Situation of Posted Workers in "SHARE-ERIC Council Meeting", Max Planck Poland from a Labour Law Perspective] Institute for Social Law and Social Policy, Munich.

IV. Sozialrechtliche Fragen [Social Law Issues]

Richard Giesen: Sozialversicherungsrechtliche Fragen bei der Inanspruchnahme von Freizü- gigkeit [Social Security Matters regarding the Exercise of the Freedom of Movement]

146 IV. EVENTS ORGANISED BY THE INSTITUTE

2.3. Max Planck Fellow Group für Menschen mit Behinderung in Ländern des Globalen Südens [Social (In)security? Reality 14 – 15 September 2010: and Impact of Social Security on Persons with Workshop: "Inklusion bei Behinderung – An- Disabilities in Countries of the Global South] näherung an das Thema" [Inclusion and Disabil- Melanie Biewald: Sag mir, wer die Guten ity – Subject Approach], Max Planck Institute for sind! Konzepte und Maßstäbe für gute Mitar- Foreign and International Social Law, Munich. beiterinnen und Mitarbeiter im Brennpunkt sozialer Dienstleistung [Seeking Competence: Elisabeth Wacker: Wie bitte geht's zur Inklu- Concepts and Standards for Good Employees sion? Eine transdisziplinäre Zielbestimmung in the Focus of Social Service Provision] [How do we Reach Inclusion? A Transdiscipli- Luisa Demant: Beratung als Beitrag zur nary Objective] Teilhabe an der Gesellschaft für Familien Minou Banafsche: Das Sozialgesetzbuch – im mit einem behinderten Kind am Beispiel der Schnelldurchlauf [The Social Code in a Nut- gemeinsamen Servicestellen für Rehabilitation shell] [Counselling as a Contribution to the Social Melanie Biewald: Sozialstaat und Inclusion of Families with a Disabled Child, Wohlfahrtswesen [Welfare State and Welfare Exemplified by Joint Service Units for Reha- Systems] bilitation] Inke Grauenhorst: Behinderungsbegriff und Laura Dobusch: Verfestigung, Ausweitung die ICF [The Definition of Disability and the oder Erosion der Norm? Zum Beitrag des ICF] Diversity Management zu sozialer Inklusion Luisa Demant & Dominik Baldin: Inklusion/ [Consolidation, Extension or Erosion of Stand- Exklusion aus soziologischer Perspektive [In- ards? The Contribution of Diversity Manage- clusion and Exclusion from a Sociological Point ment to Social Inclusion] of View] Stefanie Frings: Humankapitalbildung, Si- Stefanie Frings: Die Begriffe Teilhabe und cherung des Arbeitskräftevolumens und Ganz- Partizipation – am Beispiel Community Care heitlichkeit von Bildung als Elemente des und Community-Based Rehabilitation [The Rehabilitationssystems? Am Beispiel der Berufs- Concepts of Inclusion and Participation – Ex- bildungswerke und in der Ambivalenz pädago- emplified by Community Care and Communi- gisch-ökonomischer Anforderungen [Human ty-Based Rehabilitation] Capital Accumulation, Assurance of Manpower Luisa Demant & Dominik Baldin: Empirische and Holistic Education as Elements of the Sozialforschung. Grundlagen und Methoden Rehabilitation System? Based on the Example [Empirical Social Research. Principles and of Vocational Training Centres and the Ambiva- Methods] lence of Pedagogic-Economic Requirements] Christan Rahausen: Eingliederungshilfe, Inke Grauenhorst: Teilhabe nach Plan und Leicht- und Schwerbehinderung, Pflege. Aus Ziel [Inclusion: Plans and Objectives] statistischer Perspektive [Integration Assis- Corina Hoffmann: Diffusion und Teilhabe bei tance, Minor and Major Disabilities, Long- Behinderung: Interkulturelle Zusammenarbeit Term Care. A Statistical Perspective] am Beispiel der Umsetzung der UN-Behinder- Laura Dobusch & Dominik Baldin: Diversity tenrechtskonvention im Globalen Süden [Dif- Management – Umgang mit Verschiedenheit. fusion and Inclusion in the Case of Disability: Disability Mainstreaming [Diversity Manage- Intercultural Cooperation exemplified by the ment – Dealing with Diversity. Disability Main- Implementation of the UN Convention on streaming] the Rights of Persons with Disabilities in the Isabella Bertmann & Corina Hoffmann: UN- Global South] Konvention über die Rechte von Menschen Rainer Wetzler: Soziale Beratung und Teilhabe mit Behinderungen. Ein politikwissenschaftli- [Social Counselling and Inclusion] cher Zugang [UN Convention on the Rights of Elisabeth Wacker: Wissenschaftsthema Behin- Persons with Disabilities. A Political Science derung [The Academic Topic of Disability] Approach] Reinhilde Stöppler: Bedeutung, Perspektiven und Probleme der Inklusion bei Menschen mit geistiger Behinderung [Significance, Perspec- 13 – 15 January 2011: tives and Problems regarding the Inclusion of Workshop: "Inklusion bei Behinderung als Persons with Intellectual Disabilities] Wissenschaftsthema" [Inclusion and Disability Reinhilde Stöppler: Mobilität als Inklusions- as an Academic Topic], Reichenau, Switzerland. faktor [Mobility as a Factor of Inclusion]

Elisabeth Wacker: Chair Dominik Baldin: Menschen mit Behinde- 8 April 2011: rung und Bastelbiografien – Exklusivität der "Zusammenkunft des ExpertInnen-Beirats" Exkludierten? [Persons with Disabilities and [Meeting of the Board of Experts], Max Planck "Patchwork Biographies" – Exclusivity of the Institute for Foreign and International Social Law, Excluded?] Munich. Minou Banafsche: Die menschenrechtliche Dimension des Grundgesetzes am Beispiel Elisabeth Wacker: Welcome and Presentation des Art. 24 UN-Behindertenrechtskonvention of the Research Project [The Human Rights Dimension of the Basic Gudrun Wansing, Reinhard Wiesner: Intro- Law Exemplified by Art. 24 of the UN Disabil- duction of the Board of Experts ity Rights Convention] Minou Banafsche: Die menschenrechtliche Isabella Bertmann: Sozial ver(un)sichert? Dimension des Grundgesetzes – am Beispiel Wirklichkeit und Wirkung sozialer Sicherheit des Art. 24 UN-Behindertenrechtskonvention

147 Report 2010 – 2011

[The Human Rights Dimension of the Basic Simone Schüller: Einführung in die berufli- Law – Exemplified by Art. 24 of the UN Dis- che Rehabilitation [Introduction to Vocational ability Rights Convention] Rehabilitation] Dominik Baldin: Behinderung und Migration Luisa Demant: Beratung als Beitrag zur Teil- [Disability and Migration] habe an der Gesellschaft für Familien mit Isabella Bertmann: Soziale Sicherung und einem behinderten Kind [Counselling as a Teilhabe von Menschen mit Behinderung in Contribution to the Social Inclusion of Fami- Ländern des Globalen Südens [Social Security lies with a Disabled Child] and Participation of Persons with Disabilities in Isabella Bertmann: Soziale Sicherung und Countries of the Global South] Teilhabe von Menschen mit Behinderung in Melanie Biewald: Sag mir, wer die Guten Ländern des Globalen Südens [Social Security sind! Konzepte und Maßstäbe für gute Mitar- and Participation of Persons with Disabilities in beiterinnen und Mitarbeiter im Brennpunkt Countries of the Global South] sozialer Dienstleistung [Seeking Competence: Minou Banafsche: Die menschenrechtliche Concepts and Standards for Good Employees Dimension des Grundgesetzes – am Beispiel in the Focus of Social Service Provision] der UN-Behindertenrechtskonvention [The Luisa Demant: Beratung als Beitrag zur Teil- Human Rights Dimension of the Basic Law habe der Gesellschaft für Familien mit einem – Exemplified by the UN Disability Rights behinderten Kind am Beispiel der gemein- Convention] samen Servicestellen für Rehabilitation [Coun- Dominik Baldin: Menschen mit Behinderung selling as a Contribution to the Social Inclusion und Migrationshintergrund: Inklusion und of Families with a Disabled Child, Exemplified Exklusion einer vergessenen Gesellschafts- by Joint Service Units for Rehabilitation] gruppe in Deutschland [Persons with Dis- Laura Dobusch: Verfestigung, Ausweitung abilities and a Migrant Background – Inclusion oder Erosion der Norm? Zum Beitrag des and Exclusion of a Forgotten Social Group in Diversity Management zu sozialer Inklusion Germany] [Consolidation, Extension or Erosion of Stand- Hong-Lin Chang: Das Campus-Leben von ards? The Contribution of Diversity Manage- Studierenden mit Behinderung – ein Vergleich ment to Social Inclusion] zwischen Deutschland und Taiwan [Campus Corina Hoffmann: Diffusion und Teilhabe bei Life of Students with Disabilities – A Compari- Behinderung: interkulturelle Zusammenarbeit son between Germany and Taiwan] am Beispiel der Umsetzung der UN-Behin- Stefanie Frings: BEST-Quality: A Comparison dertenrechtskonvention im Globalen Süden of European Quality Systems in Social Services [Diffusion and Inclusion in the Case of Dis- Melanie Biewald: Yes, We Can! Personal ability: Intercultural Cooperation Exemplified Budget at the Workplace by the Implementation of the UN Convention Inke Grauenhorst: Lebensqualität und Teil- on the Rights of Persons with Disabilities in habe von Menschen mit psychischen Beein- the Global South] trächtigungen im intensiv betreuten Wohnen Christian Rahausen: Ein nicht-parametrischer [Quality of Life and Social Inclusion of Persons Effizienzvergleich von Berufsbildungswerken – with Mental Impairments in Supervised and Anpassungsmöglichkeiten an den demografi Assisted Living] schen Wandel [A Non-Parametric Efficiency Christian Rahausen: Ein nicht-parametrischer Comparison of Vocational Training Centres – Effizienzvergleich von Berufsbildungswerken – Possibilities of Adaptation to Demographic Anpassungsmöglichkeiten an den demografi Change] schen Wandel [A Non-Parametric Efficiency Comparison of Vocational Training Centres – Possibilities of Adaptation to Demographic 12 – 13 May 2011: Change] Workshop "Inklusion bei Behinderung – die Leistungssysteme" [Inclusion and Disability – The Benefit Systems], in cooperation with the Depart- 15 and 18 – 25 June 2011: ment of Rehabilitation Sciences, academic field of Workshop: "Capacity Building. Higher Educa rehabilitation sociology of TU Dortmund University. tion and Corporate Social Responsibility", Pwani University College (PUC), Kilifi, Kenya. Elisabeth Wacker: Chair: Soziale Sicherung und ihre Systematik [Social Benefit Systems Gabriel Katana: Welcome – Capacity Building and their Systematics] in Higher Education Corina Hoffmann: Diffusion und Teilhabe bei Melanie Biewald: A Change in Quality Behinderung: interkulturelle Zusammenarbeit Management by Exchanging Experience – am Beispiel der Umsetzung der UN-Behin- Benchlearning as a New Management Tool dertenrechtskonvention im Globalen Süden Stefanie Frings: Umoja ni nguvu, utengano [Diffusion and Inclusion in the Case of Dis- ni udhaifu! Best Quality (as Best Practise) – ability: Intercultural Cooperation Exemplified Corporate Responsibility in Europe as a by the Implementation of the UN Convention Benchmark for Africa? on the Rights of Persons with Disabilities in Minou Banafsche: The UN Convention on the Global South] the Rights of Persons with Disabilities – Devel- Laura Dobusch: Verfestigung, Ausweitung opment, Contents, Goals oder Erosion der Norm? Zum Beitrag von Dominik Baldin: Lifelong Learning Diversity Management zu sozialer Inklusion Isabella Bertmann & Laura Dobusch: Disabil- [Consolidation, Extension or Erosion of Stand- ity Mainstreaming in Academic Contexts ards? The Contribution of Diversity Manage- Corina Hoffmann: Intercultural Understand- ment to Social Inclusion] ing

148 IV. EVENTS ORGANISED BY THE INSTITUTE

Kathrin Schmidt: Didactics in Higher Educa- Hilfebedarf. Ein ressourcenorientierter Ansatz tion – How to Maximize Student Participation [Findings Acquired in Planning Processes and Learning regarding the Social Inclusion of Persons with Luisa Demant: Empowerment Intellectual Impairments and a High Degree of Elisabeth Wacker: Results and Joint Under- Social Assistance Needs. A Resource-Oriented standings Approach] Isabella Bertmann: Amartya Sens "Capabil- ity Approach": Theoretischer Rahmen und 16 – 17 June 2011: Anwendungsmöglichkeiten [Amartya Sen's Conference: "Impact of Social Change. UN "Capability Approach": Theoretical Framework Convention on the Rights of Persons with and Application Options] Disabilities (UN CRPD) as a Trigger", in coop- Laura Dobusch: Dispositivanalyse und eration with Pwani University College (PUC), Kilifi, Grounded Theory – theoretische Grundlagen Kenya. und praktische Umsetzung [Dispositif Analysis and Grounded Theory – Theoretical Principles Onesimus Mutungi: New Kenyan Constitu- and Practical Implementation] tion and the Rights of Persons with Disabilities Luisa Demant: Die Theorie der Lebenswelt David Chakuchichi: Impact of the Disability des Alltags und lebensweltorientierte Soziale Advocacy Programme on Inclusive Education Arbeit [Theory of the Everyday Lifeworld and in Zimbabwe. Challenges and Opportunities Lifeworld-Oriented Social Work] for the Convention of the Rights of Persons Melanie Biewald: Die Quadratur des Kreises – with Disabilities lässt sich der Terminus "Gute Mitarbeiterinnen Tsitsi Chataika: Aligning Inclusive Develop- und Mitarbeiter" unter Berücksichtigung der ment with the United Nations Convention on Anbieter-, Beschäftigten- und Nutzerperspek- the Rights of Persons with Disabilities: Insights tive definieren? [Squaring the Circle – Can from the A-PODD Project the Term "Good Employee" be Defined, taking Boniface Massah: An Exploration of the into account the Perspective of Employers, Involvement of Persons with Disabilities in Employees and Users?] Poverty Reduction Strategies in Malawi Minou Banafsche: Die Beschäftigungssitua- Theresa Lorenzo: Aspiring to Inclusive De- tion von Menschen mit Behinderungen gemäß velopment of Youth with Disabilities in South der Bewertung des 5. Staatenberichts der Africa BRD zum UN-Sozialpakt durch die Vereinten Peter Bukhala: UN Convention on the Rights Nationen [Employment Situation of Persons of Persons with Disabilities (CRPD): Wishful with Disabilities According to the Evaluation of Thinking or Reality in Africa – The Case of the 5th Periodic Report Submitted by the Fed- Kenyatta University, Kenya eral Republic of Germany on the UN Social Robert Maneno: Communication Disorders in Responsibility Pact Concluded by the United Primary Schools: Implications for Appropriate Nations] Assessment Tools and Classroom Practice in Stefanie Frings: Bildungsfunktionen aus Sicht Inclusive Settings in Kenya der Systemtheorie und deren Auswirkungen John Mugo: The Role of Research Evidence in auf der Systemintegrations- und Sozialinte- Realizing Rights of Persons with Disabilities in grationsebene [The Functions of Education Kenya: Are "Minor" Disabilities Escaping our from the Perspective of Systems Theory and Focus? their Impacts at System Integration and Social Michael Ndurumo: Influence of the UN Integration Level] Convention on the Rights of Persons with Elisabeth Wacker: Ausblick – Teilhabe und Disabilities in Kenya: Are "Minor" Disabilities die Lebenswelt [Prospects – Participation and Escaping our Focus? Lebenswelt approach] Joseph Gona: Challenges of Accessing Reha- bilitation Services in Kilifi, Kenya: Can the UN CRPD be a Solution? Elisabeth Wacker: Results and Outlook – Impact of Social Change

6 – 7 October 2011: Workshop: "Inklusion bei Behinderung – Forschung mit Methode" [Inclusion in the Case of Disability – Research with a Method], in cooperation with the Department of Rehabilitation Sciences of the TU Dortmund University, Max Planck Insti- tute for Social Law and Social Policy, Munich.

Elisabeth Wacker: Welcome Address Corina Hoffmann: Politik: Transfer – Konver- genz – Diffusion [Policy: Transfer – Conver- gence – Diffusion] Dominik Baldin: Migrationstheorien [Theories of Migration] Inke Grauenhorst: Erkenntnisse aus der Teil- habeplanung mit Menschen mit intellektuel- len Beeinträchtigungen und hohem sozialen

149 Report 2010 – 2011

3. Guest Lectures

26 May 2010 18 January 2011 Dr. Grant DUNCAN, Massey University, Auckland, Prof. Dr. Ming-Cheng KUO, National Chengchi New Zealand: "Recent Developments in Social University, Taipei, Taiwan, R.O.C.: "Der Auf- und Security in New Zealand". Ausbau des taiwanesischen Sozialstaates" [Structure and Development of the Taiwanese Welfare State]. 24 June 2010 Prof. Dr. Flavia PIOVESAN, Pontifícia Universi- 17 March 2011 dade Católica de São Paolo, Brazil: "Protection of Prof. Dr. Ockert DUPPER, Stellenbosch Univer- Social Rights – Perspectives of Global and Regional sity, South Africa: "Social Protection for Migrants: Systems". A View from the South".

6 July 2010 30 May 2011 Prof. Dr. Ingo SARLET, Pontifícia Universidade Prof. Dr. Carmelo MESA-LAGO, University of Católica do Rio Grande do Sul (PUCRS), Porto Pittsburgh, USA: "The Challenges of Health Care Alegre/RS, Brazil: "Recht auf Gesundheit in Brasilien: Social Insurance in Latin America and the Carib- Entwicklungen und Herausforderungen" [The Right bean in the Current Decade". to Health in Brazil: Developments and Challenges]. 14 July 2011 21 July 2010 Prof. Terry CARNEY, Ph.D., University of Sydney, Dr. Nuria PUMAR Beltrán, University of Barce- Australia: "Conditional Income Transfers & Choice lona, Spain: "Der Schutz der Alleinerziehenden in der in Social Services: A 'New Convergence' or Just spanischen Sozialversicherung aus europäischer Per More Conditions & More Markets?". spektive" [The Protection of Single Parents in Spanish Social Insurance from a European Perspective]. 19 July 2011 Prof. Dr. Peter HERRMANN, University College 24 September 2010 Cork, Ireland: "Menschenrechte: Gesetz und Maarten JANSSENS, Katholieke Universiteit Wirtschaft" [Human Rights: Law and Economy]. Leuven, Belgium: "The Scope of Policymaking of Private Care Organisations". 26 October 2011 Prof. Dr. Grega STRBAN, University of Ljubljana, 10 November 2010 Slovenia: "Die Koordinierung der Pflegeleistungen Prof. Dr. Grega STRBAN, University of Ljubljana, in der EU" [The Coordination of Long-Term Care Slovenia: "Reform der Rentenversicherung und Services in the EU]. andere Neuigkeiten im slowenischen Sozialrecht" [Pension Insurance Reform and Other New Devel- opments in Slovenian Social Benefits Law].

150 IV. EVENTS ORGANISED BY THE INSTITUTE

4. Visitors and Delegations

16 July 2010 17 October 2011 Meeting hosted for a delegation of ten administra- Meeting for a delegation of the "Institute of tive law judges from the Georgian Republic in the Labour Science and Social Affairs (ILSSA)", framework of the programme: "Rechts- und Justiz- Hanoi, Socialist Republic of Vietnam, co-funded reformberatung im Südkaukasus", organised by by Hanns-Seidel-Stiftung e.V., Munich. Deutsche Gesellschaft für Technische Zusammen- arbeit (GTZ), chaired by Mikheil Chinchaladze Support: Barbara Darimont, Ulrich Becker, (Deputy Chairman of the Supreme Court of the Hans-Joachim Reinhard. Georgian Republic).

Support: Peter A. Köhler, Hans-Joachim Reinhard. 17 November 2011 Meeting hosted for a visiting group of students enrolled in the "Higher Diploma in Social Policy" 25 September 2010 study programme at the School of Applied Social Visit of Prof. Mohamed Rajab (Principal of Pwani Studies, University College Cork, Ireland. University College (PUC), Kenya) and Prof. Gabriel Katana (Deputy Principal, PUC) for a meeting on Support: Eva Maria Hohnerlein, Peter Herrmann, Disability Mainstreaming in Kenya in preparation of Michael Schlegelmilch. the South-East African conference entitled "Impact of Social Change: UN Convention on the Rights of Persons with Disabilities as a Trigger" held in Kilifi, 12 December 2011 Kenya, 16 – 17 June 2011. Visit of Prof. Noriko Iwai (Osaka University of Com- merce), Junko Yasuda (Nomura Research Institute, Support: Elisabeth Wacker and the Max Planck NRI) and Eisuke Ishizaka (NRI) in preparation of Fellow Group. the Japanese Panel.

Support: Martina Brandt, Frederic Malter. 27 September 2010 Meeting for Prof. Chen Su and Prof. Xie Zengyi, Law Institute of the Chinese Academy of Social Sciences (CASS), Beijing, P. R. China.

Support: Barbara Darimont.

Delegation of the "Institute of Labour Science and Social Affairs (ILSSA)" headed by Dr. Nguyen Thi Lan Huong (in the middle), Hanoi, Socialist Republic of Vietnam.

151 Report 2010 – 2011

152 V. Publications Report 2010 – 2011

1. Publications of the – 244-2011: Coppola, Michela and Martin Gasche: "Die Riester-Förderung – das unbe- Institute kannte Wesen". – 245-2011: Mazzonna, Fabrizio: "The Long- Studien aus dem Max-Planck-Institut für Lasting Effects of Family Background: A Euro- ausländisches und internationales Sozialrecht pean Cross-Country Comparison". [Publication series of the Max Planck Institute for Foreign and International Social Law]. Ed.: – 246-2011: Vogel, Edgar, Alexander Ludwig and Max Planck Institute for Foreign and International Axel Börsch-Supan: "Aging and Pension Reform Social Law. Baden-Baden 1984 – 2011. in a Two-Region World: The Role of Human Capital". – Vol. 48: Becker, Ulrich; Ross, Friso; Sichert, Markus (eds.): Wahlmöglichkeiten und Wettbe- – 247-2011: Vogel, Edgar: "Human Capital and werb in der Krankenhausversorgung. Steuerungs- the Demographic Transition: Why Schooling instrumente in Deutschland, den Niederlanden, Became Optimal". der Schweiz und den USA im Rechtsvergleich. Baden-Baden 2010. – 248-2011: Kneip, Thorsten, Gerrit Bauer and Steffen Reinhold: "Direct and Indirect Effects of – Vol. 49: Becker, Ulrich (ed.): Rechtsdogmatik Unilateral Divorce Law on Marital Stability". und Rechtsvergleich im Sozialrecht I. Baden- Baden 2010. – 249-2011: Kruk, Kai Eberhard: "The Effect of Children on Depression in Old Age". – Vol. 50: Becker, Ulrich; Köhler, Peter A.; Körtek, Yasemin (eds.): Die Alterssicherung von Beamten – 250-2011: Bucher-Koenen, Tabea: "Financial und ihre Reformen im Rechtsvergleich. Baden- Literacy, Riester Pensions, and Other Private Old Baden 2010. Age Provision in Germany".

– Vol. 51: Vergho, Quirin: Soziale Sicherheit in – 251-2011: Bucher-Koenen, Tabea and Carsten Portugal und ihre verfassungsrechtlichen Grund Schmidt: "Time (In)consistent Food Choice of lagen. Baden-Baden 2010. Children and Teenagers".

– Vol. 52: Liu, Dongmei: Reformen des Sozialleis- tungsrechts in der Volksrepublik China. Unter MEA Policy Briefs. Ed.: Munich Center for the besonderer Berücksichtigung der Rolle der Economics of Aging at the Max Planck Institute for Verfassung und des Einflusses internationaler Social Law and Social Policy. Munich 2011 – Organisationen. Baden-Baden 2011.

MEA Studies. Ed.: Munich Center for the Eco- Studien aus dem Max-Planck-Institut für nomics of Aging at the Max Planck Institute for Sozialrecht und Sozialpolitik [Publication Social Law and Social Policy. Munich 2011 – series of the Max Planck Institute for Social Law and Social Policy]. Ed.: Max Planck Institute for Social Law and Social Policy. Baden-Baden 2011 –

– Vol. 53: Friedrich, Nikola: Mediation in der Sozialgerichtsbarkeit. Baden-Baden 2011.

MPISoc Working Papers. Ed.: Max-Planck- Institut für Sozialrecht und Sozialpolitik. Munich 2005 –

Zeitschrift für ausländisches und internationa les Arbeits- und Sozialrecht (ZIAS) Ed.: Max Planck Institute for Social Law and Social Policy and Institute for Labour Law and Industrial Relations in the European Community (IAAEG). Heidelberg 1987 –

Vol. 24/25. No. 1-3. 2010/2011.

MEA Discussion Papers. Ed.: Munich Center for the Economics of Aging at the Max Planck Institute for Social Law and Social Policy. Munich 2011 –

– 148-2007: Börsch-Supan, Axel and Matthias Weiss: "Productivity and Age: Evidence from Work Teams at the Assembly Line", (full version, January 2011).

154 V. PUBLICATIONS

2. Publications by the — Verfassungsrechtliche Vorgaben für Sozialver- sicherungsreformen. In: Zeitschrift für die gesamte Versicherungswissenschaft (ZVersWiss) 99 (2010) Institute Staff 5, pp. 585-606.

2.1. Foreign and International Social Law — Ziel und Anlage der Untersuchung. In: Ulrich Becker/Peter A. Köhler/Yasemin Körtek (eds.), Die Ulrich BECKER Alterssicherung von Beamten und ihre Reformen im Rechtsvergleich. Baden-Baden 2010, pp. 11-24. — 20 Years after the Fall of the Wall. On the Trans- formation of Social Security Systems in Central and — 德国社会保障制度的文化背景 [Cultural Back- Eastern Europe [20 let po pádu Berlínské zdi. O ground of Social Security in Germany. The Influ- transformaci systému˚ sociálního zabezpecˇení ve ence of Values and of the Constitution on Social strˇední a vý chodní Evropeˇ]. In: Kristina Koldinská/ Security]. In: Journal of Renmin University of China Martin Š tefko (eds.), Reflections on 20 Years of (2010) 1, pp. 30-34. Social Reform in Central and Eastern Europe. Prague 2010, pp. 40-55. —; Hardenberg, Simone von: Country Report on Germany. In: Ulrich Becker/Danny Pieters/Friso — Cultural Background of Social Security in Ross/Paul Schoukens (eds.), Security. A General Germany. The Influence of Values and of the Principle of Social Security Law in Europe. Constitution on Social Security. In: Journal of Groningen 2010, pp. 97-146. Renmin University of China (2010) 1, pp. 30-34. —; Hockerts, Hans Günter; Tenfelde, Klaus: Ein- — Editorial: Sozialrecht – zu neuen Ufern?! Wohin leitung. In: Ulrich Becker/Hans Günter Hockerts/ führt der Koalitionsvertrag? In: Neue Zeitschrift für Klaus Tenfelde (eds.), Sozialstaat Deutschland. Sozialrecht (NZS) 19 (2010) 1, p. 1. Geschichte und Gegenwart. Original version and unabridged textbook. Bonn 2010, pp. 7-13. — Funktionen und Steuerung von Wahlmöglich- keiten und Wettbewerb im Gesundheitswesen. In: —; Kingreen, Thorsten: Der Krankenkassenwett- Ulrich Becker/Friso Ross/Markus Sichert (eds.), bewerb zwischen Sozial- und Wettbewerbsrecht. Wahlmöglichkeiten und Wettbewerb in der Kranken- Zur geplanten Ausdehnung der Anwendung des hausversorgung. Steuerungsinstrumente in Deutsch- GWB auf das Handeln der Krankenkassen. In: land, den Niederlanden, der Schweiz und den USA Neue Zeitschrift für Sozialrecht (NZS) 19 (2010) im Rechtsvergleich. Baden-Baden 2010, pp. 11-53. 8, pp. 417-423.

— Das gegliederte System der sozialen Sicherung. —; Kingreen, Thorsten: Einführung. In: Ulrich Bietet die Rechtsvergleichung eine Anleitung zur Becker/Thorsten Kingreen (eds.), SGB V. Recht Vereinfachung? In: Nachrichtendienst des Deut- des öffentlichen Gesundheitswesen. 16th ed. schen Vereins für Öffentliche und Private Fürsorge Munich 2010, pp. VII-XXXIII. 90 (2010) 12, pp. 510-516. — (ed.) Rechtsdogmatik und Rechtsvergleich — Introduction to the General Principles of Social im Sozialrecht I. Baden-Baden 2010. Security Law in Europe. In: Ulrich Becker/Danny Pieters/Friso Ross/Paul Schoukens (eds.), Security. —; Hockerts, Hans Günter; Tenfelde, Klaus (eds.), A General Principle of Social Security Law in Euro- Sozialstaat Deutschland. Geschichte und Gegen- pe. Groningen 2010, pp. 1-20. wart. Original version and unabridged textbook. Bonn 2010. — Laudatio anlässlich der Verleihung des FNA- Forschungspreises 2009 an Dr. Jörg Adam am —; Kingreen, Thorsten (eds.), SGB V. Gesetzliche 3.12.2009 in Berlin. In: Deutsche Rentenversiche- Krankenversicherung. Kommentar. 2nd ed. Munich rung 65 (2010) 1, pp. 1-4. 2010.

— Rechtsdogmatik und Rechtsvergleich im Sozial- —; Kingreen, Thorsten (eds.), SGB V. Recht des recht. In: Ulrich Becker (ed.), Rechtsdogmatik öffentlichen Gesundheitswesens. 16th ed. Munich und Rechtsvergleich im Sozialrecht I. Baden-Baden 2010. 2010, pp. 11-59. —; Köhler, Peter A.; Körtek, Yasemin (eds.): Die — Sozialrecht und Sozialrechtswissenschaft. Alterssicherung von Beamten und ihre Reformen In: Zeitschrift für öffentliches Recht 65 (2010), im Rechtsvergleich. Baden-Baden 2010. pp. 607-652. —; Pieters, Danny; Ross, Friso; Schoukens, Paul — Der Sozialstaat in der Europäischen Union. In: (eds.): Security. A General Principle of Social Secu- Ulrich Becker/Hans Günter Hockerts/Klaus Tenfel- rity Law in Europe. Groningen 2010. de (eds.), Sozialstaat Deutschland. Geschichte und Gegenwart. Original version and unabridged text- —; Ross, Friso; Sichert, Markus (eds.): Wahlmög- book. Bonn 2010, pp. 313-335. lichkeiten und Wettbewerb in der Krankenhausver- sorgung. Steuerungsinstrumente in Deutschland, — Standards und Prinzipien des europäischen den Niederlanden, der Schweiz und den USA im Sozialrechts. In: Sozialrecht in Europa, Schriften- Rechtsvergleich. Baden-Baden 2010. reihe des Deutschen Sozialrechtsverbandes (SDSRV) 59, Berlin 2010, pp. 89-115. —; Schwarze, Jürgen (eds.): Gemeinwohlverantwor- tung im Binnenmarkt. Tübingen 2010.

155 Report 2010 – 2011

— §§ 39, 107-110, 112-118, 120-122, 135a, internationales Arbeits- und Sozialrecht (ZIAS) 137-137c, 306, 307, 318 SGB V. In: Ulrich Becker/ 24/25 (2010/2011) 1-2, pp. 169-206. Thorsten Kingreen (eds.), SGB V. Gesetzliche Kran- kenversicherung. Kommentar. 2nd ed. Munich 2010. —; Lauerer, Luise: Zur Unterstützung von Pflege- personen. Reformnotwendigkeiten und -optionen. — Art. 16 und 16a GG. In: Hermann von Mangoldt/ In: Bundesministerium für Familie, Senioren Frauen Friedrich Klein/Christian Starck (eds.), Kommentar und Jugend (ed.), Zeit für Verantwortung im zum Grundgesetz. 6th ed. Munich 2010. Lebensverlauf – Politische und rechtliche Hand- lungsstrategien. Berlin 2011, pp. 121-160. —; Kingreen, Thorsten: §§ 1, 11, 69 SGB V. In: Ulrich Becker/Thorsten Kingreen (eds.), SGB V. —; Meeßen, Iris; Neueder, Magdalena; Schlegel Gesetzliche Krankenversicherung. Kommentar. milch, Michael; Schön, Markus; Vilaclara, Ilona: 2nd ed. Munich 2010. Strukturen und Prinzipien der Leistungserbringung im Sozialrecht. Teil 1. In: Vierteljahresschrift für • Sozialrecht (VSSR) 29 (2011) 5, pp. 323-359.

— 20 let po pádu Berlínské zdi: O transformaci —; Heckmann, Dirk; Kempen, Bernhard; Manssen, systému˚ sociálního zabezpecˇení ve strˇední a Gerrit (eds.): Öffentliches Recht in Bayern. Verfas- východní Evropeˇ [20 Years after the Fall of the Wall. sungsrecht, Kommunalrecht, Polizei- und Sicherheits- On the Transformation of Social Security Systems]. recht, Öffentliches Baurecht. 5th ed. Munich 2011. In: Kristina Koldinská/Martin Štefko (eds.), Sociální reformy ve strˇední Evropeˇ. Cesta k novému modelu sociálního státu? [Reflections on 20 Years of Social Edda Blenk-Knocke Reform in Central and Eastern Europe]. Prague 2011, pp. 39-53. — Panel discussion on "Ehegüterrecht". In: Bun- desministerium für Familie, Senioren Frauen und — Bayerisches Kommunalrecht. In: Ulrich Becker/ Jugend (ed.), Zeit für Verantwortung im Lebens Dirk Heckmann/Bernhard Kempen/Gerrit Manssen verlauf – Politische und rechtliche Handlungs (eds.), Öffentliches Recht in Bayern. Verfassungsrecht, strategien. Berlin 2011, pp. 49-54. Kommunalrecht, Polizei- und Sicherheitsrecht, Öffent- liches Baurecht. 5th ed. Munich 2011, pp. 73-237. — Panel discussion on "Familienernährerinnen". In: Bundesministerium für Familie, Senioren Frauen — Die Erbringung sozialer Dienstleistungen in der und Jugend (ed.), Zeit für Verantwortung im Europäischen Union. Zu den Einwirkungen des Lebensverlauf – Politische und rechtliche Hand- Unionsrechts auf das deutsche Leistungserbringungs- lungsstrategien. Berlin 2011, pp. 116-120. recht. In: Zdzisława Kubota/Tadeusza Kuczyn´skiego (editorial resp.), Z zagadnien´ prawa pracy i prawa — Panel discussion on "Unterstützung von Pflege- socjalnego. Ksie˛ga jubileuszowa Profesora Herberta personen". In: Bundesministerium für Familie, Szurgacza [Issues regarding labour law and social Senioren Frauen und Jugend (ed.), Zeit für Verant- security law. Festschrift in honour of Herbert wortung im Lebensverlauf – Politische und rechtli- Szurgacz]. Warsaw 2011, pp. 385-405. che Handlungsstrategien. Berlin 2011, pp. 161-166.

— Die offene Methode der Koordinierung im Be —; Hohnerlein, Eva Maria: Einführung. In: Bundes reich Alterssicherung. Eine Zwischenbilanz aus der ministerium für Familie, Senioren Frauen und Sicht der Wissenschaft. In: Deutsche Rentenversi- Jugend (ed.), Zeit für Verantwortung im Lebensver- cherung Bund (ed.), Renten in Europa. Die offene lauf – Politische und rechtliche Handlungs Methode der Koordinierung im Bereich Alters strategien. Berlin 2011, pp. 7-14. sicherung. Berlin 2011, pp. 19-28. —; Hohnerlein, Eva Maria (editorial resp.): Zeit — Der Sozialstaat in der Europäischen Union. für Verantwortung im Lebensverlauf – Politische The Welfare State within the European Union. In: und rechtliche Handlungsstrategien. Berlin 2011. Jahresbericht der Max-Planck-Gesellschaft 2011. (Online at http://www.mpg.de/1220784/ Europaeische_ Union). Olga Chesalina

— Staatsangehörigkeit und Aufenthalt als Anknüp- — Die Alterversorgung von Beamten in der Russi fungspunkte für die Gewährung sozialer Rechte in der schen Föderation. In: Ulrich Becker/Peter A. Köhler/ Europäischen Union. Thesen zur abgestuften territo- Yasemin Körtek (eds.), Die Alterssicherung von rialen Verantwortung der Mitgliedstaaten für den Beamten und ihre Reformen im Rechtsvergleich. sozialen Schutz von Unionsbürgern. In: Peter-Christi- Baden-Baden 2010, pp. 133-159. an Müller-Graff/Stefanie Schmahl/Vassilios Skouris (eds.), Europäisches Recht zwischen Bewährung und Wandel. Festschrift für Dieter H. Scheuing. Baden- Barbara Darimont Baden 2011, pp. 480-492. — A Comparison of Healthcare Models for Migrant — 欧盟中的社会福利国家 [Social Welfare States Workers in Chinese Cities. In: Bettina Gransow in the European Union]. In: Social Law Review (ed.), Migrants and Health in Urban China. Berlin (2011), pp. 262-280. 2010, pp. 111-123.

—; Körtek, Yasemin: Opferentschädigungsrecht in —; Liu, Dongmei: Das Recht der sozialen Hilfe Europa. Ausgestaltung, Prinzipien und Zielsetzung und des Wohngeldes. In: Zeitschrift für chinesisches im Vergleich. In: Zeitschrift für ausländisches und Recht 17 (2010) 4, pp. 338-348.

156 V. PUBLICATIONS

s — Review of "Luca Nogler: The Concept of 'Subordination' in European and Comparative Law. — Opferentschädigung als subsidiäre staatliche Trento 2009". In: Zeitschrift für ausländisches und Leistung in den Niederlanden. In: Zeitschrift für internationales Arbeits- und Sozialrecht (ZIAS) 23 ausländisches und internationales Arbeits- und (2009, published in 2010) 4, pp. 341-342. Sozialrecht (ZIAS) 24/25 (2010/2011) 1-2, pp. 86-98. s — Das Sozialversicherungsgesetz der VR China. In: Zeitschrift für chinesisches Recht 18 (2011) 4, pp. — Einkommenssicherheit im Alter. Garantien der 266-274. betrieblichen Altersvorsorge in Italien. In: Otto Kaufmann/Sylvie Hennion (eds.), Steuerung der betrieblichen Altersversorgung in Europa. Garantier- Tineke DIJKHOFF te Sicherheit? Heidelberg 2011, pp. 229-261.

— International Social Security Standards in the — La protección social de las familias en Alemania. European Union. The Cases of the Czech Republic Situación actual y tendencias. In: Rivista de Derecho and Estonia. Antwerp 2011. Social 55 (2011), pp. 249-262.

— Kabinet lapt kritiek IAO aan zijn laars. — Occupational Old-Age Pensions in Italy. Coverage In: Publiekrecht & Politiek. (Online at and Financial Security of Voluntary Funded Supple- http://www.publiekrechtenpolitiek.nl/kabinet-lapt- mentary Pensions. In: Otto Kaufmann/Sylvie Hen- kritiek-iao-aan-zijn-laars/). nion (eds.), Steuerung der betrieblichen Altersversor- gung in Europa. Garantierte Sicherheit? Heidelberg — Zavádeˇní soukromý ch prvku˚ do národních sys- 2011, pp. 263-269. tému˚ sociálního zabezpecˇení a role mezinárodních standardu˚ [The Introduction of Private Elements in — Opferentschädigung in Italien. In: Zeitschrift National Social Security and the Role of internatio- für ausländisches und internationales Arbeits- und nal Standards]. In: Kristina Koldinská/Martin Š tefko Sozialrecht (ZIAS) 24/25 (2010/2011) 1-2, pp. (eds.), Sociální reformy ve strˇední Evropeˇ. Cesta k 57-85. novému modelu sociálního státu? [Reflections on 20 Years of Social Reform in Central and Eastern Eu- — Sozialrechtliche Leistungen für nichteheliche rope]. Prague 2011, pp. 157-175. Lebenspartner in ausgewählten europäischen Län- dern. In: Recht der Jugend und des Bildungswesens (RdJB) 59 (2011) 4, pp. 450-465. Nikola FRIEDRICH — Entry "Europäische Sozialrechtscharta (ESC)". — Mediation in der Sozialgerichtsbarkeit. Baden- In: Deutscher Verein für öffentliche und private Baden 2011. Fürsorge (ed.), Fachlexikon der sozialen Arbeit. 7th ed. Baden-Baden 2011, pp. 266-267.

Simone VON HARDENBERG — Entry "Europarat". In: Deutscher Verein für öffentliche und private Fürsorge (ed.), Fachlexikon Becker, Ulrich; —: Country Report on Germany. der sozialen Arbeit. 7th ed. Baden-Baden 2011, In: Ulrich Becker/Danny Pieters/Friso Ross/Paul pp. 270-271. Schoukens (eds.), Security. A General Principle of Social Security Law in Europe. Groningen 2010, — Entry "Internationale Vereinigung für Soziale pp. 97-146. Sicherheit (IVSS)". In: Deutscher Verein für öffen- tliche und private Fürsorge (ed.), Fachlexikon der sozialen Arbeit. 7th ed. Baden-Baden 2011, Eva Maria HOHNERLEIN pp. 466-477.

— Die Alterssicherung von Beamten in Italien. Blenk-Knocke, Edda; —: Einführung. In: Bundes- In: Ulrich Becker/Peter A. Köhler/Yasemin Körtek ministerium für Familie, Senioren Frauen und (eds.), Die Alterssicherung von Beamten und ihre Jugend (ed.), Zeit für Verantwortung im Lebensver- Reformen im Rechtsvergleich. Baden-Baden 2010, lauf – Politische und rechtliche Handlungs- pp. 87-111. strategien. Berlin 2011, pp. 7-14.

— Betriebliche Altersvorsorge in Italien. Das System Blenk-Knocke, Edda; — (editorial resp.): Zeit für freiwilliger Zusatzrenten wurde ausgebaut. In: Sozia- Verantwortung im Lebensverlauf – Politische und le Sicherheit 59 (2010) 1, pp. 30-34. rechtliche Handlungsstrategien. Berlin 2011.

— Discussion report entitled "Die Familie im Sozialrecht". In: Ulrich Becker (ed.), Rechtsdog- Otto KAUFMANN matik und Rechtsvergleich im Sozialrecht I. Baden- Baden 2010, pp. 415-416. — Die Alterssicherung der Beamten in Frankreich. In: Ulrich Becker/Peter A. Köhler/Yasemin Körtek — Sistema de indicadores y mecanismos de vigilan- (eds.), Die Alterssicherung von Beamten und ihre cia en la Unión Europea. In: Víctor Abramovich/ Reformen im Rechtsvergleich. Baden-Baden 2010, Laura Pautassi (eds.), La medición de derechos en pp. 67-86. las políticas sociales. Ciudad Autónoma de Buenos Aires 2010, pp. 197-231. — L'assurance-maladie allemande. In: Les Affiches Moniteur (2010) 12, pp. 1-5.

157 Report 2010 – 2011

— L'économie sociale de marché et la protection — La personne, l'intérêt général. Quelles prises en sociale. Introduction aux débats de la XXXIVème compte dans les activités des organismes mutual- Rencontre Ipse "Adaptation, continuité ou rup- istes, paritaires et coopératifs? In: Institut de la ture?". In: Institut de la Protection Sociale Euro Protection Sociale Européenne (ed.), L'individu, péenne (ed.), Quel devenir pour la protection le collectif, au cœur des nouvelles solidarités. Paris sociale complémentaire solidaire dans le marché 2011, pp. 54-55. des assurances de personnes? Paris 2010, pp. 10-12. — Die Reform der Alterssicherung in Frankreich. — Européanisation de la retraite complémentaire. Höhere Altersgrenze für die Rente und neuer Vor- The Europeanization of Complementary Retire- ruhestand nach "beschwerlichen Tätigkeiten". In: ment. In: Folio (2010) 55, pp. 4-5. Soziale Sicherheit 60 (2011) 5, pp. 121-127.

— Fransa´da toplu sözles¸me sistemi [The collective — Die Rentenversicherung 2010 in Frankreich. bargaining system in France]. In: Alpay Hekimler In: RV aktuell 58 (2011) 2, pp. 47-53. (ed.), Avrupa birlig˘i üyesi ülkelerde ve Türkiye`de toplu sözles¸me sistemleri. Kars¸ılas¸tırmalı bir perspek- — Les retraites professionnelles d'entreprise dans tif ile [Collective bargaining systems in the EU mem- la crise. Remarques comparatives. Herausforderun- ber states and in Turkey]. Istanbul 2010, pp. 171-196. gen an die betrieblichen Altersversorgungssysteme. Vergleichender Ansatz. Challenges Facing Occupa- — Rôle et place des partenaires sociaux et de la tional Pension Schemes. Some Remarks in a Com- société civile organisée. In: Institut de la Protection parative Approach. In: Otto Kaufmann/Sylvie Sociale Européenne (ed.), Pour une protection Hennion (eds.), Steuerung der betrieblichen sociale durable. De nouvelles voies pour la solidari- Altersversorgung in Europa. Garantierte Sicherheit? té. Paris 2010, pp. 29-30. Heidelberg 2011, pp. 11-38.

— Die Sozialgerichtsbarkeit in Frankreich. In: Die — Les retraites professionnelles d'entreprise en Sozialgerichtsbarkeit 57 (2010) 2, pp. 73-77. Allemagne. Un aperçu. In: Otto Kaufmann/Sylvie Hennion (eds.), Steuerung der betrieblichen Al Hennion, Sylvie; Casson, Philippe; Cuzacq, Nicolas; tersversorgung in Europa. Garantierte Sicherheit? del Sol, Marion; Delumeau, Muriel; —: Protection Heidelberg 2011, pp. 189-200. sociale de l'entreprise. Chronique. In: La semaine juridique (JCP E) 84 (2010) 24, pp. 42-48. —; Hennion, Sylvie (eds.): Steuerung der betrieb lichen Altersversorgung in Europa. Garantierte • Sicherheit? Heidelberg 2011.

— Die Alterssicherung in Frankreich nach der Reform 2010. In: Das Recht der Arbeit (DRdA) Peter A. Köhler 61 (2011) 2, pp. 202-206. — Die Alterssicherung der Beamten im Rechtsver- — Die Arbeitnehmervertretung in Leitungsorganen gleich. In: Ulrich Becker/Peter A. Köhler/Yasemin der französischen Unternehmen. In: Günther Körtek (eds.), Die Alterssicherung von Beamten Löschnigg (ed.), ArbeitnehmerInnenbeteiligung in und ihre Reformen im Rechtsvergleich. Baden- Unternehmensorganen im internationalen Vergleich. Baden 2010, pp. 263-280. Vienna 2011, pp. 109-126. — Die Alterssicherung des öffentlichen Dienstes — Assurances de santé publiques et privées en in den Nordischen Ländern Dänemark, Norwegen Allemagne. In: Rémi Pellet (ed.), Finances pub- und Schweden. In: Ulrich Becker/Peter A. Köhler/ liques et santé. Paris 2011, pp. 163-183. Yasemin Körtek (eds.), Die Alterssicherung von Beamten und ihre Reformen im Rechtsvergleich. — La coexistence de l'assurance sociale et de Baden-Baden 2010, pp. 113-131. l'assurance maladie privée en Allemagne. In: Revue de droit sanitaire et social 46 (2011) 2, pp. 224-236. — Die Altersversorgung der internationalen Beamten nach dem Dienstrecht der Vereinten Nationen. In: — L'évolution de la protection sociale allemande en Ulrich Becker/Peter A. Köhler/Yasemin Körtek (eds.), temps de crise. Conséquences sur les prestations et Die Alterssicherung von Beamten und ihre Reformen le financement. In: Nouri Mzid (ed.), Regards croisés im Rechtsvergleich. Baden-Baden 2010, pp. 233-244. sur l'évolution des systèmes de sécurité sociale. Nouveaux défis et perspectives. Sfax 2011, pp. 79-94. — Das Ende des schwedischen "Volksheims"? In: Ulrich Becker/Hans Günter Hockerts/Klaus — Financement de gestion. Les systèmes collectifs Tenfelde (eds.), Sozialstaat Deutschland. Ge de protection sociale en Europe sont-ils encore schichte und Gegenwart. Original version and viables? – L'Allemagne. In: Colloque européen unabridged textbook. Bonn 2010, pp. 213-238. MFP-Europa: Enjeux et avenir des systèmes collectifs de protection sociale en Europe. 4 March, Paris — Erfahrungen des Rechtsvergleichs und ver 2011, pp. 23-27. (Online at http://www.unilim.fr/ fassungsrechtliche Vorgaben in Deutschland. In: prospeur/fr/europa/activites/journees/MFP/ Ulrich Becker/Peter A. Köhler/Yasemin Körtek (eds.), ActesMFP-Europa.pdf). Die Alterssicherung von Beamten und ihre Reformen im Rechtsvergleich. Baden-Baden 2010, pp. 25-44. — Opferentschädigung in Frankreich. Ein Über- blick. In: Zeitschrift für ausländisches und inter — Die neue Alterssicherung Schwedens in der nationales Arbeits- und Sozialrecht (ZIAS) 24/25 globalen Finanzkrise. Bedingt krisenfest? In: Deut (2010/2011) 1-2, pp. 24-40. sche Rentenversicherung 65 (2010) 1, pp. 102-118.

158 V. PUBLICATIONS

— Der Rechtsweg im Sozialrecht Schwedens. In: — Invaliditäts-, Alters- und Hinterbliebenenrenten Die Sozialgerichtsbarkeit 57 (2010) 1, pp. 18-23. nach neuem türkischen Sozialversicherungsgesetz. In: Zeitschrift für ausländisches und internationales — Das Vorsorgeverhältnis. Die richtige Frage für Arbeits- und Sozialrecht (ZIAS) 23 (2009, published einen Rechtsvergleich? In: Ulrich Becker (ed.), in 2010) 4, pp. 315-330. Rechtsdogmatik und Rechtsvergleich im Sozialrecht I. Baden-Baden 2010, pp. 133-209. Becker, Ulrich; Köhler, Peter A.; — (eds.): Die Alterssicherung von Beamten und ihre Reformen — Der Wohlfahrtsstaat Schweden. Modernisierung im Rechtsvergleich. Baden-Baden 2010. – Stabilisierung – Modifizierung. Welfare State Sweden. Modernization – Stabilization – Modifica- Krüger, Hilmar; — (eds.): Beiträge zum türkischen tion. In: Jahresbericht der Max-Planck-Gesellschaft Recht. Erbrecht und Sozialrecht. Berlin 2010. 2010. (Online at http://www.mpg.de/402989/ forschungsSchwerpunkt). s

Becker, Ulrich; —; Körtek, Yasemin (eds.): Die Becker, Ulrich; —: Opferentschädigungsrecht in Alterssicherung von Beamten und ihre Reformen Europa. Ausgestaltung, Prinzipien und Zielsetzung im Rechtsvergleich. Baden-Baden 2010. im Vergleich. In: Zeitschrift für ausländisches und internationales Arbeits- und Sozialrecht (ZIAS) s 24/25 (2010/2011) 1-2, pp. 169-206.

— Die finanzielle Sicherheit der betrieblichen Al- — Staatliche Entschädigung für Gewaltopfer nach tersversorgung in Schweden. Vorbild für Europa? In: deutschem Recht im Überblick. In: Zeitschrift für Otto Kaufmann/Sylvie Hennion (eds.), Steuerung ausländisches und internationales Arbeits- und der betrieblichen Altersversorgung in Europa. Garan- Sozialrecht (ZIAS) 24/25 (2010/2011) 1-2, pp. 2-23. tierte Sicherheit? Heidelberg 2011, pp. 109-123.

— Occupational Supplementary Insurance in Luise LAUERER Sweden. Collectively Agreed Addition to the Statu- tory Pension Insurance. In: Otto Kaufmann/Sylvie Becker, Ulrich; —: Zur Unterstützung von Pflege- Hennion (eds.), Steuerung der betrieblichen personen. Reformnotwendigkeiten und -optionen. Altersversorgung in Europa. Garantierte Sicherheit? In: Bundesministerium für Familie, Senioren Frauen Heidelberg 2011, pp. 125-134. und Jugend (ed.), Zeit für Verantwortung im Lebensverlauf – Politische und rechtliche Hand- — Entry "Internationale Arbeitsorganisation (ILO)". lungsstrategien. Berlin 2011, pp. 121-160. In: Deutscher Verein für öffentliche und private Fürsorge (ed.), Fachlexikon der sozialen Arbeit. 7th ed. Baden-Baden 2011, pp. 461-462. Dongmei LIU

— Entry "UNESCO". In: Deutscher Verein für — Social Security System as the Fundamental System öffentliche und private Fürsorge (ed.), Fachlexikon of the State in China. Theory Basis, Models and der sozialen Arbeit. 7th ed. Baden-Baden 2011, p. Trends. In: Social Security Studies (2010) 1, pp. 72-81. 918. Darimont, Barbara; —: Das Recht der sozialen Hilfe — Entry "UNICEF". In: Deutscher Verein für und des Wohngeldes. In: Zeitschrift für chinesisches öffentliche und private Fürsorge (ed.), Fachlexikon Recht 17 (2010) 4, pp. 338-348. der sozialen Arbeit. 7th ed. Baden-Baden 2011, pp. 920-921. s

— Verbrechensschadensersatz aus staatlichen Mit- — Reformen des Sozialleistungsrechts in der Volk- teln in Schweden. In: Zeitschrift für ausländisches srepublik China. Unter besonderer Berücksichti- und internationales Arbeits- und Sozialrecht (ZIAS) gung der Rolle der Verfassung und des Einflusses 24/25 (2010/2011) 1-2, pp. 116-136. internationaler Organisationen. Baden-Baden 2011.

Yasemin KÖRTEK Bernd BARON VON MAYDELL

— Die Beamtenversorgung in der Bundesrepublik — Die Erfassung von Lebensqualität demenzkran- Deutschland. In: Ulrich Becker/Peter A. Köhler/ ker Menschen in ihrer rechtlichen Dimension. In: Yasemin Körtek (eds.), Die Alterssicherung von Andreas Kruse (ed.), Lebensqualität bei Demenz? Beamten und ihre Reformen im Rechtsvergleich. Zum gesellschaftlichen und individuellen Umgang Baden-Baden 2010, pp. 47-66. mit einer Grenzsituation im Alter. Heidelberg 2010, pp. 339-354. — Die Einführung der allgemeinen Krankenversi- cherung in der Türkei. In: Hilmar Krüger/Yasemin — Offene Methode der Koordinierung und Sozial- Körtek (eds.), Beiträge zum türkischen Recht. rechtsvergleichung. In: Nada Bodiroga-Vukobrat/ Erbrecht und Sozialrecht. Berlin 2010, pp. 51-65. Gerald G. Sander/Sanja Baric´ (eds.), Die offene Methode der Koordinierung in der Europäischen — Discussion report entitled "Das Leistungsverhält- Union. Hamburg 2010, pp. 115-133. nis in Förderungs- und Hilfesystemen". In: Ulrich Becker (ed.), Rechtsdogmatik und Rechtsvergleich s im Sozialrecht I. Baden-Baden 2010, pp. 305-307.

159 Report 2010 – 2011

— Demenz. Eine Herausforderung auch für die — Soins de santé en Europe. In: Institut de la Rechtsordnung. In: Zdzisława Kubota/Tadeusza Protection Sociale Européenne (ed.), Pour une Kuczyn´skiego (editorial resp.), Z zagadnien´ prawa protection sociale durable. De nouvelles voies pour pracy i prawa socjalnego. Ksie˛ga jubileuszowa Profe- la solidarité. Paris 2010, pp. 24-26. sora Herberta Szurgacza [Issues regarding labour law and social security law. Festschrift in honour of — Towards a European Pension Policy? The Pos- Herbert Szurgacz]. Warsaw 2011, pp. 477-488. sible Impact of the European Commission's Green Paper "Towards Adequate, Sustainable and Safe — Eine vergleichende Perspektive des Sozialrechts European Pension Systems" on National Pension in Bezug auf die Generationenbeziehungen in Strategies. In: European Journal of Social Security Deutschland und Japan. In: Hans Bertram/Nancy 12 (2010) 3, pp. 200-215. Ehlert (eds.), Familie, Bindung und Fürsorge. Familiärer Wandel in einer vielfältigen Moderne. Kruse, Jürgen; —; Winkler, Jürgen (eds.): SGB II. Freiberger Studie zum familiären Wandel im Welt Grundsicherung für Arbeitsuchende. Kommentar. vergleich. Opladen 2011, pp. 409-420. 2nd ed. Munich 2010.

— §§ 1-13 SGB II. In: Jürgen Kruse/Hans-Joachim Iris Meeßen Reinhard/Jürgen Winkler (eds.), SGB II. Grund sicherung für Arbeitsuchende. Kommentar. 2nd ed. —; Wilman, Nikola: Tagung "Entsendung von Munich 2010. Arbeitnehmern in der Europäischen Union. Pro bleme aus der sozialrechtlichen Praxis" (Conference — §§ 76, 225, 264a. In: Heinz-Werner Lueg/Bernd report). In: Neue Zeitschrift für Sozialrecht (NZS) von Maydell/Franz Ruland (eds.), Gemeinschafts 19 (2010) 1, pp. 25-27. kommentar zum Sozialgesetzbuch. Gesetzliche Rentenversicherung (GK-SGB VI). Neuwied 2010. • — Art. 67, 68, 69 VO 883/2004 (EG). In: Karl Becker, Ulrich; —; Neueder, Magdalena; Schlegel Hauck/Wolfgang Noftz (eds.), EU-Sozialrecht. milch, Michael; Schön, Markus; Vilaclara, Ilona: VO 883/2004 (EG). Berlin 2010. Strukturen und Prinzipien der Leistungserbringung im Sozialrecht. Teil 1. In: Vierteljahresschrift für — Vorbemerkung zu Art. 67-69. In: Karl Hauck/ Sozialrecht (VSSR) 29 (2011) 5, pp. 323-359. Wolfgang Noftz (eds.), EU-Sozialrecht. VO 883/2004 (EG). Berlin 2010, pp. 1-5.

Magdalena NEUEDER — Vorbemerkungen zu den §§ 1-6c SGB II. In: Jürgen Kruse/Hans-Joachim Reinhard/Jürgen Becker, Ulrich; Meeßen, Iris; —; Schlegelmilch, Winkler (eds.), SGB II. Grundsicherung für Arbeit- Michael; Schön, Markus; Vilaclara, Ilona: Strukturen suchende. Kommentar. 2nd ed. Munich 2010, und Prinzipien der Leistungserbringung im Sozial- pp. 15-18. recht. Teil 1. In: Vierteljahresschrift für Sozialrecht (VSSR) 29 (2011) 5, pp. 323-359. •

— Die betriebliche Altersversorgung aus der Lorena Ossio Bustillos Sicht der Arbeitnehmer. In: Otto Kaufmann/Sylvie Hennion (eds.), Steuerung der betrieblichen Ossio Sanjinés, Luis; —: Kontinuität und historisch- Altersversorgung in Europa. Garantierte Sicherheit? konstitutioneller Umbruch. Der Befreiungsprozess Heidelberg 2011, pp. 305-311. in Bolivien 1809 – 1810 aus heutiger Perspektive. In: Rechtsgeschichte 16 (2010), pp. 104-106. — Betriebliche Altersversorgung und "Riesterrente" in Deutschland. In: Otto Kaufmann/Sylvie Hennion • (eds.), Steuerung der betrieblichen Altersversorgung in Europa. Garantierte Sicherheit? Heidelberg 2011, — Opferentschädigung in Österreich. In: Zeitschrift pp. 177-188. für ausländisches und internationales Arbeits- und Sozialrecht (ZIAS) 24/25 (2010/2011) 1-2, — Emerytura w wieku 67 lat. Dyskusja polityczna pp. 99-115. i jej wpływ na sytuacje˛ w Niemczech [Retirement at the age of 67. The political debate and its impact — Problemi e prospettive normative dei diritti indi- on the situation in Germany]. In: Jacek Kucharczyk/ geni in Bolivia. In: Sabrina Lanni (ed.), I diritti dei Ewelina Kuz´micz (eds.), Podnoszenie wieku popoli indigeni in America Latina 2011, pp. 225-244. emerytalnego. Diagnoza potrzeb i rekomendacje na przykładzie Polski i Niemiec [Raising the retirement age. Examination of needs and recommenda- Hans-Joachim Reinhard tions according to the conditions prevailing in Poland and Germany]. Warsaw 2011, pp. 77-102. — Discussion report entitled "Das Vorsorgeverhält- nis". In: Ulrich Becker (ed.), Rechtsdogmatik und — Occupational Retirement Pensions. The Em- Rechtsvergleich im Sozialrecht I. Baden-Baden ployee's View. In: Otto Kaufmann/Sylvie Hennion 2010, pp. 211-214. (eds.), Steuerung der betrieblichen Altersversorgung in Europa. Garantierte Sicherheit? Heidelberg 2011, — Einleitung. In: Jürgen Kruse/Hans-Joachim pp. 313-317. Reinhard/Jürgen Winkler (eds.), SGB II. Grund sicherung für Arbeitsuchende. Kommentar. 2nd ed. Munich 2010.

160 V. PUBLICATIONS

— The Notion of Incapacity in German Social — Die neue europäische Sozialrechtskoordinierung Security Law and the Interrelation between Unem- (Teil I). Die Verordnungen (EG) Nr. 883/04 und Nr. ployment and Invalidity. In: Stamatia Devetzi/Sara 987/09. In: Zeitschrift für europäisches Sozial- und Stendahl (eds.), Too Sick to Work? Social Security Arbeitsrecht 9 (2010) 4, pp. 143-154. Reforms in Europe for Persons with Reduced Earnings Capacity. Alphen aan den Rijn 2011, — Die neue europäische Sozialrechtskoordinierung pp. 147-165. (Teil II). Die Verordnungen (EG) Nr. 883/04 und Nr. 987/09. In: Zeitschrift für europäisches Sozial- — Opferentschädigung in Spanien. In: Zeitschrift für und Arbeitsrecht 9 (2010) 5-6, pp. 202-216. ausländisches und internationales Arbeits- und Sozi- alrecht (ZIAS) 24/25 (2010/2011) 1-2, pp. 155-168. — Probleme der grenzüberschreitenden Erbringung und Inanspruchnahme von Gesundheitsleistungen — Planes de pensiones und andere Instrumente in der Europäischen Union. In: Harald Klein/Rolf als Formen der betrieblichen Alterssicherung in Schuler (eds.), Krankenversicherung und grenzüber- Spanien. Planes de pensiones and other Forms of schreitende Inanspruchnahme von Gesundheitsleis- Occupational Pension Schemes in Spain. In: Otto tungen in Europa. Beiträge zum internationalen Kaufmann/Sylvie Hennion (eds.), Steuerung der Symposium am 4. – 5. Mai 2009 im Hessischen betrieblichen Altersversorgung in Europa. Garantier- Landessozialgericht in Darmstadt. Baden-Baden te Sicherheit? Heidelberg 2011, pp. 135-175. 2010, pp. 95-139.

— Review of "Jörg Tänzer: Rechtsverwirklichung Michael SCHLEGELMILCH durch Infrastruktur im Betreuungswesen. Chancen eines Systemwandels von der justizförmigen zur —; Wilman, Nikola: Tagung "Im Zweifel auf sozialrechtsförmigen Betreuung. Aachen 2009". Privatrezept. Sozial- und haftungsrechtliche Aspekte In: Betreuungsrechtliche Praxis (Btprax) 19 (2010) des Off-Label-Use" (Conference report). In: 5, pp. 222-224. Zeitschrift für die sozialrechtliche Praxis (ZFSH/ SGB) 50 (2011) 8, pp. 458-461. — Das Sozialrecht in der Rechtsprechung des Europäischen Gerichtshofs im Jahre 2009. In: s Peter Udsching/Christian Rolfs (eds.), Jahrbuch des Sozialrechts. Berlin 2010, pp. 509-540. Becker, Ulrich; Meeßen, Iris; Neueder, Magdalena; —; Schön, Markus; Vilaclara, Ilona: Strukturen und — Die Sozialwirtschaft als Europäischer Marktplatz. Prinzipien der Leistungserbringung im Sozialrecht. Die europarechtlichen Rahmenbedingungen. In: Teil 1. In: Vierteljahresschrift für Sozialrecht (VSSR) Hans-Christoph Reiss (ed.), Steuerung von Sozial- 29 (2011) 5, pp. 323-359. und Gesundheitsunternehmen. Baden-Baden 2010, pp. 15-34.

Markus SCHÖN — Das Übereinkommen der Vereinten Nationen über die Rechte von Menschen mit Behinderungen. Becker, Ulrich; Meeßen, Iris; Neueder, Magdalena; Politischer und rechtlicher Handlungsbedarf in Schlegelmilch, Michael; —; Vilaclara, Ilona: Struk- Deutschland u.a. am Beispiel des Rechts auf Bil- turen und Prinzipien der Leistungserbringung im dung. In: Zeitschrift für die sozialrechtliche Praxis Sozialrecht. Teil 1. In: Vierteljahresschrift für Sozial- (ZFSH/SGB) 49 (2010) 11, pp. 657-677. recht (VSSR) 29 (2011) 5, pp. 323-359. — Das Übereinkommen der Vereinten Nationen über die Rechte von Menschen mit Behinderungen. Bernd SCHULTE Politischer und rechtlicher Handlungsbedarf auch im Betreuungsrecht. In: Zeitschrift für Betreuungs- — Der Einfluss des Europäischen Gerichtshofs auf und Sozialrecht (BtSRZ) (2010), pp. 1-18. (Online die nationale Gesundheitspolitik. In: Die BKK. at http://www.btsrz.de/images/stories/autoren_ Zeitschrift der Betrieblichen Krankenkassen 95 beitraege_pdf/BtSRZ_Schulte_UNOBRK.pdf). (2010) 1, pp. 8-15. Eichhorst, Werner; Devisscher, Stephanie; Leonie, — "Die Erklärung von Yokohama". In: Betreuungs- Thomas; Marx, Paul; Mühlberger, Ulrike; —; Vande- rechtliche Praxis (Btprax) 20 (2010) 1, pp. 23-25. weghe, Barbara (eds.): Analysis of the Social Agen- das. Based on a Study Conducted for the European — Erwerbsminderungsrenten in europäischen Parliament under Contract IP/A/EMPL/FWC/2008- Nachbarländern. In: Deutsche Rentenversicherung 002/C1/SC1. Brussels 2010. (Online at http:// 65 (2010) 1, pp. 82-101. www.iza.org/en/webcontent/publications/reports/ report_pdfs/iza_report_24.pdf). — Das "Europäische Sozialmodell" zwischen Rea- lität und Normativität. In: Ulrich Becker/Hans Eichhorst, Werner; Kendzia, Michael J.; Knudsen, Günter Hockerts/Klaus Tenfelde (eds.), Sozialstaat Jonathan Benjamin; Hansen, Mette Okkels; Vande- Deutschland. Geschichte und Gegenwart. Original weghe, Barbara; Vanhoren, Ingrid; Rückert, Eva; version and unabridged textbook. Bonn 2010, — (eds.): The Mobility and Integration of People pp. 171-195. with Disabilities into the Labour Market. Based on a Study Conducted for the European Parliament — "Fördern und Fordern" – Aktivierung am Arbeits- under Contract IP/A/EMPL/FWC/2008-002/C1/ markt in Deutschland und Großbritannien. In: SC4. Brussels 2010. (Online at http://www.iza.org/ Ulrich Becker (ed.), Rechtsdogmatik und Rechts- en/webcontent/publications/reports/report_pdfs/ vergleich im Sozialrecht I. Baden-Baden 2010, iza_report_29.pdf). pp. 273-303.

161 Report 2010 – 2011

• Hans F. Zacher

— Criminal Injuries Compensation. Opferentschä- — Laudatio auf Gerhard A. Ritter zu seinem 80. digung in Großbritannien. In: Zeitschrift für auslän- Geburtstag. Ein Nichthistoriker als Laudator? In: disches und internationales Arbeits- und Sozialrecht Ulrich Becker/Hans Günter Hockerts/Klaus Tenfel- (ZIAS) 24/25 (2010/2011) 1-2, pp. 41-56. de (eds.), Sozialstaat Deutschland. Geschichte und Gegenwart. Original version and unabridged text- — Pflege und Betreuung. Plädoyer für eine wechsel- book. Bonn 2010, pp. 343-351. seitige Annäherung und Kooperation. In: Zeitschrift für die sozialrechtliche Praxis (ZFSH/SGB) 50 (2011) — Universale Menschenrechte und die Wirklichkeit 5, pp. 249-259. der globalen Welt. Das Beispiel der Kinderrechte. In: Humboldt-Forum Recht (2010) 2, pp. 20-30.

Ilona Vilaclara •

Becker, Ulrich; Meeßen, Iris; Neueder, Magdalena; — Comment on "How do we Replan the Journey". Schlegelmilch, Michael; Schön, Markus; —: Struk- In: José T. Raga/Mary Ann Glendon (eds.), Crisis in a turen und Prinzipien der Leistungserbringung im Global Economy. Re-Planning the Journey. The Pro- Sozialrecht. Teil 1. In: Vierteljahresschrift für Sozial- ceedings of the 16th Plenary Session of the Pontifical recht (VSSR) 29 (2011) 5, pp. 323-359. Academy of Social Sciences, 30 April – 4 May 2010. (The Pontifical Academy of Social Sciences Acta 16). Vatican City 2011, pp. 453-455. Sebastian Weber — Das europäische Projekt des "Sozialen". Die — Die Folgen des Bologna-Prozesses für die Lehre elementaren Strukturen. In: Zdzisława Kubota/ in der Juristenausbildung. In: Judith Brockmann/ Tadeusza Kuczyn´skiego (editorial resp.), Z zagadnien´ Jan-Hendrik Dietrich/Arne Pilniok (eds.), Exzellente prawa pracy i prawa socjalnego. Ksie˛ga jubileuszowa Lehre im juristischen Studium. Auf dem Weg zu Profesora Herberta Szurgacza [Issues regarding einer rechtswissenschaftlichen Fachdidaktik. Baden- labour law and social security law. Festschrift in Baden 2011, pp. 269-278. honour of Herbert Szurgacz]. Warsaw 2011, pp. 564-599. — Grenzstreit und Gegenmaßnahmen im Völker- recht. In: Juristische Ausbildung (JURA) 33 (2011) — Geschichte und Krise der sozialen Marktwirt 7, pp. 527-530. schaft. In: Akademie aktuell 38 (2011) 3, pp. 30-35.

— Häusliche Krankenpflege nach SGB V in einer — Entry "Finalprinzip". In: Deutscher Verein für stationären Einrichtung der Eingliederungshilfe. öffentliche und private Fürsorge (ed.), Fachlexikon In: Neue Zeitschrift für Sozialrecht (NZS) 20 (2011) der sozialen Arbeit. 7th ed. Baden-Baden 2011, pp. 17, pp. 650-655. 299-300.

— Die Kostenpflicht des Betroffenen bei öffentlich- — Entry "Internationale Sozialpolitik". In: Deutscher rechtlicher Unterbringung. In: Zeitschrift für die Verein für öffentliche und private Fürsorge (ed.), sozialrechtliche Praxis (ZFSH/SGB) 50 (2011) Fachlexikon der sozialen Arbeit. 7th ed. Baden-Baden 11, pp. 635-640. 2011, p. 464.

— Review of "Juli Zeh: Das Übergangsrecht. Zur — Entry "Internationales Sozialrecht". In: Deutscher Rechtsetzungstätigkeit von Übergangsverwaltungen Verein für öffentliche und private Fürsorge (ed.), am Beispiel von UNMIK im Kosovo und dem OHR Fachlexikon der sozialen Arbeit. 7th ed. Baden-Baden in Bosnien-Herzegowina. Baden-Baden 2011". In: 2011, p. 466. Südosteuropa. Zeitschrift für Politik und Gesell- schaft 59 (2011) 2, pp. 280-283. — Entry "Kausalprinzip". In: Deutscher Verein für öffentliche und private Fürsorge (ed.), Fachlexikon der sozialen Arbeit. 7th ed. Baden-Baden 2011, pp. Nikola Wilman 492-493.

Meeßen, Iris; —: Tagung "Entsendung von Arbeit- — Entry "Solidarität". In: Deutscher Verein für nehmern in der Europäischen Union. Probleme aus öffentliche und private Fürsorge (ed.), Fachlexikon der sozialrechtlichen Praxis" (Conference report). In: der sozialen Arbeit. 7th ed. Baden-Baden 2011, pp. Neue Zeitschrift für Sozialrecht (NZS) 19 (2010) 1, 767-768. pp. 25-27. — Entry "Versicherungsprinzip". In: Deutscher Schlegelmilch, Michael; —: Tagung "Im Zweifel auf Verein für öffentliche und private Fürsorge (ed.), Privatrezept. Sozial- und haftungsrechtliche Aspekte Fachlexikon der sozialen Arbeit. 7th ed. Baden-Baden des Off-Label-Use" (Conference report). In: 2011, p. 951. Zeitschrift für die sozialrechtliche Praxis (ZFSH/ SGB) 50 (2011) 8, pp. 458-461. — Entry "Versorgungsprinzip". In: Deutscher Verein für öffentliche und private Fürsorge (ed.), Fachlexi- • kon der sozialen Arbeit. 7th ed. Baden-Baden 2011, pp. 952-953. — Entschädigung von Opfern von Gewalttaten. Länderbericht Schweiz. In: Zeitschrift für ausländi- sches und internationales Arbeits- und Sozialrecht (ZIAS) 24/25 (2010/2011) 1-2, pp. 137-154.

162 V. PUBLICATIONS

2.2. Munich Center for the Economics content/d7782wk02335350j/fulltext.pdf; DOI of Aging (MEA) 10.1007/s10433-011-0197-1).

Axel BÖRSCH-SUPAN Tabea BUCHER-KOENEN

Börsch-Supan, Axel, Martina Brandt, Karsten Hank Bucher-Koenen, Tabea (2011): Financial Literacy, and Mathis Schröder (2011) (eds.): The Individual Cognitive Abilities, and Long-term Decision Making: and the Welfare State: Life Histories in Europe, Five Essays on Individual Behavior, dissertation, Springer, Berlin. Mannheim.

Börsch-Supan, Axel and Hendrik Jürges (2011): Bucher-Koenen, Tabea and Annamaria Lusardi Disability, Pension Reform and Early Retirement in (2011): "Financial Literacy and Retirement Planning Germany, NBER Working Paper, 17079. in Germany". In: Journal of Pension Economics and Finance (PEF), 10, 4, 565-584. Bloom, David E., Axel Börsch-Supan, Patrick McGee and Atsushi Seike (2011): Population Aging: Facts, Challenges, and Responses, PGDA Working Michela COPPOLA Paper, 71. (Online at http://www.hsph.harvard.edu/ pgda/WorkingPapers/2011/PGDA_WP_71.pdf). Coppola, Michela and Martin Gasche (2011): "Die Riester-Förderung: Mangelnde Information als Börsch-Supan, Axel (2011): "Gesamtwirtschaftliche Verbreitungshemmnis". In: Wirtschaftsdienst, 91, Wirkungen der Rentenreformen". In: Eichenhofer, 11, 792-799. (Online at http://www.springerlink. Eberhard, Herbert Rische and Winfried Schmähl com/content/0px92836h7120410/fulltext.pdf; DOI: (eds.), Handbuch der gesetzlichen Rentenversiche- 10.1007/s10273-011-1302-y). rung. SGB VI, Luchterhand, Cologne, 251-305. Coppola, Michela and Anette Reil-Held (2011): Börsch-Supan, Axel (2011): "Die Zukunft des Sozial- "Jenseits staatlicher Alterssicherung: Die neue regu- staats im demographischen Wandel". In: Nonnen- lierte private Vorsorge in Deutschland und ihre Ver- macher, Günther and Andreas Rödder (eds.), Was breitung". In: Lutz Leisering (ed.), Die Alten der Welt. heißt hier Solidarität? Zustand und Zukunft des So- Neue Wege der Alterssicherung im globalen Norden zialstaats. Zweite Tendenzwende-Konferenz der F.A.Z. und Süden, Campus, Frankfurt am Main, 215-243. am 18. und 19. November 2010 in Berlin, Frankfurt am Main, 17-19. Helmut FARBMACHER Börsch-Supan, Axel and Mathis Schröder (2011): "Retrospective Data Collection in the Survey of Farbmacher, Helmut (2011): "GMM with Many Health, Ageing and Retirement in Europe". In: Mathis Weak Moment Conditions: Replication and Appli- Schröder (ed.), Retrospective Data Collection in the cation of Newey and Windmeijer (2009)". In: Jour- Survey of Health, Ageing and Retirement in Europe. nal of Applied Econometrics. (Online at http:// SHARELIFE Methodology, Mannheim Research Insti- onlinelibrary.wiley.com/doi/10.1002/jae.1277/pdf). tute for the Economics of Aging, Mannheim, 5-10.

Börsch-Supan, Axel (2011): "Einführung". In: Per- Martin GASCHE spektiven der Wirtschaftspolitik (PWP), 12, Supple- ment, 1-3. Coppola, Michela and Martin Gasche (2011): "Die Riester-Förderung: Mangelnde Information als Börsch-Supan, Axel (2011): "Ökonomische Aus- Verbreitungshemmnis". In: Wirtschaftsdienst, 91, wirkungen des demografischen Wandels". In: Aus 11, 792-799. (Online at http://www.springerlink. Politik und Zeitgeschichte (APuZ), 61, 10/11, 19-26. com/content/0px92836h7120410/fulltext.pdf; DOI: 10.1007/s10273-011-1302-y). Börsch-Supan, Axel (2011): "Review: Alan Gustman, Thomas Steinmeier and Nahid Tabatabai, Pensions in the Health and Retirement Study". In: Journal of Pen- Marlene HAUPT sion Economics and Finance (PEF), 10, 4, 667-668. Haupt, Marlene (2011): "Informing about Individual Börsch-Supan, Axel (2011): "Review: Nick Barr and Retirement Provision". In: Kathrin Ruhl (ed.), Peter Diamond, Reforming Pensions: Principles and Das Poster in der Wissenschaft. Zum Stellenwert des Policy Choices". In: Economic Development and Posters in der Nachwuchsförderung am Beispiel der Cultural Change (EDCC), 59, 3, 681-683. Universität Koblenz-Landau, Johannes Herrmann Verlag, Gießen, 84-85. Börsch-Supan, Axel, Gabriel Heller and Anette Reil-Held (2011): "Is Intergenerational Cohesion Falling Apart in Old Europe?". In: Public Policy & Thorsten KNEIP Aging Report, 21, 4, 17-21. Bauer, Gerrit and Thorsten Kneip (2011): "Familien- gründung und -erweiterung als partnerschaftliche Martina BRANDT Entscheidung: Ein Test konkurrierender Entschei- dungsregeln". In: Brüderl, Josef, Laura Castiglioni Schmid, Tina, Martina Brandt and Klaus Haberkern and Nina Schumann (eds.), Partnerschaft, Fertilität (2011): "Gendered Support to Older Parents: Do und intergenerationale Beziehungen. Ergebnisse der Welfare States Matter?". In: European Journal of ersten Welle des Beziehungs- und Familienpanels, Ageing. (Online at http://www.springerlink.com/ Ergon, Würzburg, 227-255.

163 Report 2010 – 2011

2.3. Max Planck Fellow Group (2010). Materialien zum 13. Kinder- und Jugendbe- richt. Mehr Chancen für gesundes Aufwachsen. Minou Banafsche Gesundheitsförderung und gesundheitsbezogene Prävention in der Kinder- und Jugendhilfe. Deut- Banafsche, Minou (2010). Die Leistungsvergabe sches Jugendinstitut, Munich. im Recht der Kinder- und Jugendhilfe in Form der Sozialraumvergabe. In: Zeitschrift für Kindschafts- Wacker, Elisabeth (2010). Berufsbilder im demogra- recht und Jugendhilfe (ZKJ) 7, 227-236. fischen Wandel – Lebensqualität orientierte Beglei- tung (LoB) als Konzept für alle. In: Orientierung. • Fachzeitschrift der Behindertenhilfe, 34, 6-9.

Banafsche, Minou (2011). Anmerkung zu den Urtei Wacker, Elisabeth (2010). Inklusion. Mehr Chan- len des BVerwG vom 3. März 2011, Az.: 5 C 15.10 cen für gesundes Aufwachsen für alle – (noch) und 5 C 16.10. In: Behindertenrecht (br) 6, 180-182. Neuland der Kinder- und Jugendhilfe. In: Frühe Kindheit. Die ersten sechs Jahre 13, 7-12. Banafsche, Minou (2011). Kinder und Jugendliche mit Behinderungen zwischen SGB VIII und SGB Wacker, Elisabeth (2010). Inklusion Jugendlicher XII – Im Lichte der UN-Behindertenrechtskonven- mit (und ohne) Behinderung – Chancengerechtig- tion. In: Zeitschrift für Kindschaftsrecht und keit als Auftrag – Wer gibt den Takt vor? In: Jugend- Jugendhilfe (ZKJ) 4, 116-123. hilfe 48, 265-273.

Banafsche, Minou (2011). Das Recht auf Bildung Wacker, Elisabeth (2010). "KompAs – Kompetentes – Im Spannungsfeld von UN-Behindertenrechtskon- Altern sichern. Entwicklung und Erprobung eines vention und Grundgesetz. In: Zeitschrift für die Programms zur gesundheitlichen Prävention für sozialrechtliche Praxis (ZFSH/SGB) 12, 685-692. behinderte Erwachsene (ProPEr)". Bewegungsförde- rung 60+. Im Spannungsfeld zwischen Theorie Banafsche, Minou (2011). Die Rolle der freigemein- und Praxis. Zweite Regionalkonferenz des Zentrums nützigen Träger im Recht der Kinder- und Jugend- für Bewegungsförderung Nordrhein-Westfalen, hilfe zwischen Korporatismus und Wettbewerb 26 October 2010, Essen (Poster). – Das Ende des Gemeinnützigkeitsprivilegs? In: Vierteljahresschrift für Sozialrecht (VSSR) 1, 37-62. Wacker, Elisabeth, Wetzler, Rainer & Frings, Stefanie (2010). Delphi-Studie zu Gesundheitsförderung und Gesundheitschancen von Kindern und Jugendlichen Melanie Biewald mit Behinderungen. In: Sachverständigenkommission 13. Kinder -und Jugendbericht [Hartmann, Wolfram; Biewald, Melanie & Frings, Stefanie (2011). Yes, We Hassel, Holger; Homfeldt, Hans Günther; Keupp, Can! Das Persönliche Budget in der Werkstatt für Heiner; Mayer, Hermann; Rose, Heidemarie; Menschen mit Behinderung. In: Deutsche Renten- Wacker, Elisabeth; Ziegenhain, Ute; Lüders, versicherung Bund, Deutsche Rentenversicherung Christian (coopt.)] (eds.). Materialien zum 13. Kin- Knappschaft-Bahn-See & Deutsche Gesellschaft für der- und Jugendbericht. Mehr Chancen für gesundes Rehabilitationswissenschaften (eds.). 20. Rehabilita- Aufwachsen. Gesundheitsförderung und gesund- tionswissenschaftliches Kolloquium. Nachhaltigkeit heitsbezogene Prävention in der Kinder- und Jugend- durch Vernetzung. DRV-Schriften Vol. 93, Berlin, hilfe. Deutsches Jugendinstitut, Munich, 311-370. 300-301. •

Elisabeth Wacker Wacker, Elisabeth (2011). Behindertenpolitik, Behindertenarbeit. In: Hans-Uwe Otto & Hans Frings, Stefanie, Wacker, Elisabeth & Wetzler, Thiersch (eds.). Handbuch Soziale Arbeit. Grund Rainer (2010). Creating Common Rules and Main- lagen der Sozialarbeit und Sozialpädagogik (4th ed.). taining the Diversity in Doing so. Study in the Munich: E. Reinhardt Verlag, 87-100. Framework of the PROGRESS Project BEST Qual- ity. Benchmarking – European – Standards in Social Wacker, Elisabeth (2011). Disability Mainstreaming Services – Transnationally. Ed. TU Dortmund Uni- – Eine Aufgabe zukünftiger Kinder- und Jugendpoli- versity, Sociology of Rehabilitation and the BEST tik. In: Kindesmisshandlung und -vernachlässigung. Quality Project Partnership under Management by Interdisziplinäre Fachzeitschrift für Prävention und Josefsheim gGmbH. Intervention 14, 54-79.

Frings, Stefanie, Wacker, Elisabeth & Wetzler, Wacker, Elisabeth (2011). Inklusion – Mehr Chan- Rainer (2010). Gemeinsame Regeln schaffen und cen für gesundes Aufwachsen für alle. In: KiTa dabei Vielfalt wahren. Studie im Rahmen des PRO- aktuell. Fachzeitschrift für Leitungen und Fachkräf- GRESS-Projektes BEST Quality. Benchmarking te der Kindertagesbetreuung 23, 170-174. – European – Standards in Social Services – Trans- nationally. Ed. Technische Universität Dortmund, Wacker, Elisabeth (2011). Inklusion – Ein Kinder- Fakultät Rehabilitationswissenschaften, Rehabilita- spiel! Stationen auf dem Weg zu gleichen Chancen tionssoziologie und die Projektpartnerschaft BEST beim Heranwachsen für alle. In: Frühe Kindheit. Quality unter der Leitung der Josefsheim gGmbH. Die ersten sechs Jahre 14, 6-15.

Sachverständigenkommission 13. Kinder- und Ju- Wacker, Elisabeth (2011). Inklusion von Menschen gendbericht [Hartmann, Wolfram, Hassel, Holger, mit Behinderung im Alter – Noch Zukunftsmusik Homfeldt, Hans Günther, Keupp, Heiner, Mayer, für die Behindertenhilfe und ihre Fachkräfte? In: Hermann, Rose, Heidemarie, Wacker, Elisabeth, Vierteljahresschrift für Heilpädagogik und ihre Ziegenhain, Ute & Lüders, Christian (coopt.)] (eds.) Nachbargebiete (VHN) 80, 235-241.

164 VI. Papers and Lectures Report 2010 – 2011

1. Papers "Das Opferentschädigungsgesetz im europä ischen Kontext". Expert conference: "21. Opfer forum – Moderne Opferentschädigung", Weisser 1.1. Foreign and International Social Law Ring, Mainz (11 October 2010).

Ulrich BECKER "Folgen des SGB II-Urteils: Regelsatzbemes sung jenseits der Willkür". ConSozial, 12. Fach- "Verfassungsrechtliche Vorgaben für Sozial messe und Congress des Sozialmarktes, Exhibition versicherungsreformen". Annual Meeting, Centre Nuremberg (4 November 2010). Deutscher Verein für Versicherungswissenschaft, Plenum II: "Sicherung der Nachhaltigkeit der Welcome address and input on "Panel III: Soziale Sozialversicherung in schwierigen wirtschaftlichen Sicherung von Pflegepersonen". Conference: "Zeit Zeiten", Düsseldorf (10 March 2010). für Verantwortung im Lebensverlauf – Politische und rechtliche Handlungsstrategien", German Bundes "Das Recht auf Gesundheit in Deutschland tag, Paul-Löbe-Haus, Berlin (29 November 2010). vor dem Hintergrund aktueller Entwicklungen in der Krankenversicherung". Discussion forum: Chair of discussion. Symposium: "Die Vermark- "Das Recht auf Gesundheit als Menschen- und tung von Namensrechten an Sportstätten im natio- Grundrecht in der internationalen Perspektive: nalen und internationalen Recht", Max Planck Ein Vergleich", Auditorium, Goethe-Institut, Porto Institute for Comparative and International Private Alegre RS, Brazil (9 April 2010). Law, Hamburg (6 December 2010).

Welcome and introduction to the topic. Confer- Welcome address und introduction to the lecture ence: "Im Zweifel auf Privatrezept? Sozial- und held by Prof. Dr. Grega Strban on "Social Security of haftungsrechtliche Aspekte des Off-Label-Use", Internationally Mobile Researchers". Internationales Max Planck Institute of Foreign and International Begegnungszentrum, Munich (8 December 2010). Social Law, Munich (20 May 2010). Welcome address und introduction to the lecture "120 Jahre gesetzliche Rentenversicherung in held by Prof. Dr. Ming-Cheng Kuo on "Der Auf- und Deutschland – Vergangenheit und Zukunft". Ausbau des taiwanesischen Sozialstaates", Max Meeting of the representatives, Deutsche Renten- Planck Institute for Foreign and International versicherung Braunschweig-Hannover, Bad Pyrmont Social Law, Munich (18 January 2011). (2 June 2010). "Germany: An Example of a Western European "Allgemeine beihilfenrechtliche Vorgaben für System". Conference: "The Role of Social Services die Erbringung sozialer Dienstleistungen in of General Interest in EU Law: New Challenges der Kommune" and chair of the final discussion. and Tensions", University of Copenhagen, Denmark Conference: "EU-Beihilfenrecht und die Finanzie- (13 May 2011). rung sozialer Dienstleistungen auf kommunaler Ebene", DGB-Haus, Munich (22 June 2010). Introduction (with Frans Pennings) and chair of "IV. Techniques: New Methods and Tools – "Aktuelle Rechtsprechung des Europäischen 1. Privatisation". Workshop: "International Standard Gerichtshofs zum Sozialrecht". Alumni Meeting: Setting and Innovation in Social Security", Max "Europäische Integration und Sozialrecht nach dem Planck Institute for Foreign and International Social Inkrafttreten des Vertrags von Lissabon", Max Law, Munich (26 – 28 May 2011). Planck Institute for Foreign and International Social Law, Munich (10 September 2010). "Die Sozialpolitik im Spannungsverhältnis von Nationalstaat und supranationalen Insti "Aktuelle Rechtsprechung des EuGH zum tutionen". Anniversary Conference of Gesellschaft Sozialrecht". Meeting of Bayerische Sozialgerichts- für Sozialer Fortschritt e.V [Association for Social barkeit [Bavarian social courts], Bayerisches Progress]: "60 Jahre Sozialer Fortschritt", Berlin Landessozialgericht, Weiden (21 September 2010). (16 June 2011).

"Das gegliederte System der sozialen Siche Commentary on "I. Familien und Sozialstaat", rung – Möglichkeiten und Ansätze zur Verein Workshop: "Japanische Perspektiven auf den fachung und Neustrukturierung". Meeting of deutschen Sozialstaat im 'langen' 20. Jahrhundert", the steering committee of Deutscher Verein für Max Planck Institute for Social Law and Social öffentliche und private Fürsorge e.V. [German Policy, Munich (8 September 2011). Association for Public and Private Welfare], Stuttgart (22 September 2010). "Die Finanzmarktkrise und die Zukunft der Arbeits- und Sozialrechtsordnungen – Krisenbe Chair of panel discussion and final discussion. wältigung und grundlegender Reformbedarf im German-Japanese Symposium on Guardianship Rechtsvergleich", 33rd Conference of the Gesell- Law, Tokyo, Japan (29 – 30 September 2010). schaft für Rechtsvergleichung: "Rechtliche Grenzen der Freiheit und Rechtsschutz", Treves (15 – 17 Keynote Lecture: "Guardianship and Social September 2011). Benefits". World Congress on Adult Guardianship Law 2010, Yokohama, Japan (2 October 2010). "Prohibition of Discrimination in Social Security". Annual Conference of the European "Die Methodik und die Ziele des Rechtsver Institute of Social Security (EISS): "Changing gleichs und des Sozialpolitikvergleichs". Work- Social Security", University of Ljubljana, Slovenia shop at the "National Institute of Population and Social (29 September 2011). Security Research", Tokyo, Japan (5 October 2010).

166 VI. PAPERS AND LECTURES

Expert conference on mediation held at the Bavarian State Ministry of Labour and Social Welfare on 18 October 2011 (top), International symposium on "Long-Term Care and Old-Age Security", Renmin University, Beijing, P. R. China on 30 October 2011 (bottom), and World Congress on Adult Guardi- anship Law 2010, Yokohama, Japan: Article in The Mainichi Daily News, 10 November 2010.

"Recht ohne Urteil". Conference on mediation Edda BLENK-KNOCKE with panel discussion, Bavarian State Ministry of Labour and Social Welfare, Family Affairs and "Was kommt nach dem Ernährermodell? Ein- Women, Munich (18 October 2011). führung in das Forschungsprojekt". Internal lecture, Max Planck Institute for Foreign and Inter- Chair of the research group: "Stability and Change national Social Law, Munich (26 June 2010). in Social Health Protection". Conference: "Reform- ing Social Protection Systems in Developing Coun- "Modernisierung von Geschlechterrollen tries", Ruhr University Bochum (20 October 2011). in Europa". Conference: "Gender und Familie – (Un-)klare Verhältnisse", Evangelische Akademie "An International Comparison of Legal Frame- Tutzing (2 December 2010). works for Long-Term Care". International Sym- posium: "Long Term Care and Old-Age Security", Renmin University, Beijing, P. R. China Olga CHESALINA (30 October 2011). "Case Study: HIV in Russia". Workshop: "Inter- "Neuausrichtung wettbewerblicher Steue- national Standard Setting and Social Security", Max rungsinstrumente". Symposium: "Wettbewerb- Planck Institute for Foreign and International Social liche Steuerungsinstrumente im Gesundheitswe- Law, Munich (26 May 2011). sen", Deutsche Gesellschaft für Kassenarztrecht e.V. [German association for SHI physicians law], Berlin (10 November 2011). Barbara DARIMONT

"Forschungsperspektiven Sozialrecht". Ceremo- "The Never-Ending Drafting of Social Security ny: "Ein Social Event!", held on the occasion of the Laws". European China Law Studies Association, establishment of the second department at the Max 5th Annual Conference, Danish Institute for Human Planck Institute for Social Law and Social Policy, Rights, Copenhagen, Denmark (18 June 2010). Siemens Forum, Munich (14 November 2011). "Chinesisches Eherecht im Spiegel der Zeit". "Europarechtliche Vorgaben für die Arbeit- University of Cologne (10 December 2010). nehmerfreizügigkeit". German-Polish Confer- ence: "Die Realisierung der Arbeitnehmerfreizügig- "Die rechtliche Stellung der Nebenfrau in keit im Verhältnis zwischen Deutschland und Polen China im Spiegel der Zeit". Internal lecture, aus arbeits- und sozialrechtlicher Sicht", Max Max Planck Institute for Foreign and International Planck Institute for Social Law and Social Policy, Social Law, Munich (15 December 2010). Munich (24 – 25 November 2011). "Die Verabschiedung des Sozialversicherungs- Chair of discussion. Symposium: "Dopingkon- gesetzes und dessen Implikationen auf die trollsysteme und Freiheitsrechte der Sportler", Max soziale Sicherheit in China". 26. Chinesisch- Planck Institute for Comparative and International deutsches Studententreffen [26th meeting of Private Law, Hamburg (12 December 2011). Chinese and German students], China Center, Goslar (25 February 2011).

167 Report 2010 – 2011

Chair of "II. Material Scope: Uncovered and New "Das VuFind Projekt der Bibliothek des Max- Risks – 1. Poverty". Workshop: "International Stand- Planck-Instituts für Sozialrecht und Sozialpoli ard Setting and Innovation in Social Security", Max tik". Librians' meeting of the Humanities and Social Planck Institute for Foreign and International Social Sciences Section (GSHS) of the Max Planck Society, Law, Munich (26 May 2011). Max Planck Institute for Foreign and International Criminal Law, Freiburg (4 November 2011). "Case Study: Migrants in China". Workshop: "International Standard Setting and Social Security", Max Planck Institute for Foreign and International Vera HANSEN Social Law, Munich (27 May 2011). "Long-Term Care as a New Social Risk". An- "China's Rural Migrants – Vulnerable Labour nual Conference of the European Institute of Social or Citizens with Equal Status?". Goethe Univer- Security (EISS): "Changing Social Security", Young sity, Institute for Political Science, Frankfurt am Researchers' Forum, University of Ljubljana, Slove- Main (22 June 2011). nia (30 September 2011).

"International Standard Setting and Innova tion in Social Security". Information meeting for Simone von HARDENBERG a delegation of the "Institute of Labour Science and Social Affairs (ILSSA)", Hanoi, Socialist Republic of "Individualisierte Medizin als Leistung der Vietnam, Max Planck Institute for Social Law and GKV?" (with Nikola Wilman). Expert workshop: Social Policy, Munich (18 October 2011). "Individualisierte Gesundheitsversorgung" within the framework of the cooperative project of the Federal Ministry of Education and Research Tineke DIJKHOFF (BMBF): "Individualisierte Gesundheitsversorgung: Ethische, ökonomische und rechtliche Implika- "The Dutch Invalidity Benefit vs. International tionen für das deutsche Gesundheitswesen", Insti- Obligations", Internal lecture, Max Planck Insti- tute for Ethics, History and Theory of Medicine, tute for Foreign and International Social Law, Mu- Munich (20 July 2011). nich (6 July 2011).

"International Social Security Standards: Eva Maria HOHNERLEIN A Pebble in the Nation's Shoe". Conference: "International Social Security Standards: Ideals or "Ausweitung der Mutterschaftsleistungen und Obstacles?", Tilburg University, the Netherlands des bezahlten außerordentlichen Pflegeur (13 September 2011). laubs in Italien". Internal lecture, Max Planck Institute for Foreign and International Social Law, Munich (14 April 2010). Dafni DILIAGKA "Rollenleitbilder und -realitäten – Zu den "The Europeanization of the Pension System Auswirkungen von Familienarbeit auf die in Greece". 9th Annual ESPAnet Conference: Existenzsicherung im Alter. Geschlechterkons "Sustainability and Transformation of European truktionen im Spiegel von Altersrenten und Social Policy", University of Valencia, Spain Witwenrenten". Conference: "Gender und Familie (9 September 2010). – (Un-)klare Verhältnisse", Evangelische Akademie Tutzing (3 December 2010). "The Reformed Greek Pension System". Max NetAging Research School, Max Planck Institute for "La protección social de las familias en Ale Demographic Research, Rostock (25 March 2011). mania: situación actual y tendencias". Seminar: "Familias Monoparentales y Protección Social", Facultad de Derecho, University of Barcelona, Spain Henning FRANKENBERGER (10 December 2010).

"Die Tätigkeit der Arbeitsgruppe Open Access "Der Schutz von Kindesinteressen im italieni in der Max-Planck-Gesellschaft". XXXIIIth schen Sozialrecht – Aktuelle höchstrichterli Librians' meeting of the Max Planck Society, che Rechtsprechung". Internal lecture, Max Max Planck Institute for Biophysical Chemistry, Planck Institute for Foreign and International Social Göttingen (28 April 2010). Law, Munich (9 February 2011).

"Arbeitsrecht und Datenschutz im Web 2.0". "Rechtliche Rahmenbedingungen für Ehe, Librians' meeting of the Humanities and Social Partnerschaft und Familie. Gestaltungsauf Sciences Section (GSHS) of the Max Planck Soci- gaben für Sozial- und Familienrecht". Expert ety, Max Planck Institute for Human Development, conference: "Herausforderungen für die Familien- Berlin (8 November 2010). politik", Hanns-Seidel-Stiftung e.V., Munich (20 May 2011). "Die Tätigkeit der Arbeitsgruppe Open Access in der Max-Planck-Gesellschaft". XXXIVth Li- Commentary on "I. Familien und Sozialstaat". brarians' meeting of the Max Planck Society, Max Workshop: "Japanische Perspektiven auf den Planck Society, Administrative Headquarters, Mu- deutschen Sozialstaat im 'langen' 20. Jahrhundert", nich (2 May 2011). Max Planck Institute for Social Law and Social Policy, Munich (8 September 2011).

168 VI. PAPERS AND LECTURES

"Verfassungsrechtliche Aspekte des Sozial- "La concurrence entre systèmes collectifs de rechts in Deutschland". 14th Congress of the protection sociale". Colloque européen MFP- German-Argentine Lawyers Association (AJAG), Europa : "Enjeux et avenir des systèmes collectifs Universidad Nacional de Rosario, Rosario, Argentina de protection sociale en Europe", Paris, France (15 September 2011). (4 March 2011).

"What is Social Law? Legal and Linguistic Chair. Round Table: "Financement et gestion: les Approaches". Meeting hosted for a visiting group systèmes collectifs de protection sociale en Europe of students enrolled in the "Higher Diploma in sont-ils encore viables?". Colloque européen MFP- Social Policy" study programme at the School of Europa : "Enjeux et avenir des systèmes collectifs de Applied Social Studies, University College Cork, protection sociale en Europe", Paris, France Ireland, Max Planck Institute for Social Law and (4 March 2011). Social Policy, Munich (17 November 2011). "Assurances de santé publiques et privées en Allemagne". Colloquium : "Finances publiques et Otto KAUFMANN santé", Lille 2 University, France (1 April 2011).

"L'Europe, la protection sociale et le citoyen: "Kollektivverhandlungen in Frankreich". La libre circulation et la protection sociale". 5. Arbeitsrechtlicher Dialog [5th Labour Law Dia- 3rd Europe Forum: "Etats Généraux de l'Europe", logue]: "Überbetriebliche versus innerbetriebliche Strasbourg, France (17 April 2010). Kollektivvereinbarungen", TU Bergakademie Freiberg (27 May 2011). "L'évolution de la protection sociale allemande en temps de crise: conséquences sur "Die Staat/Privat-Arbeitsteilung in der eu- les prestations et le financement". International ropäischen Alterssicherung. Merkmale der Colloquium: "Regards croisés sur l'évolution des betrieblichen Altersversorgung". Workshop: systèmes de la sécurité sociale: Nouveaux défis et "Staatliche und betriebliche Alterssicherungssys- perspectives", University of Sfax, Tunisia teme in Europa nach der Finanzkrise – aktuelle (27 April 2010). Entwicklungen und Reformtendenzen", Deutsche Bundesbank, Frankfurt am Main (10 June 2011). Chair of the 3rd session: "Rôle et place des partenaires sociaux et de la société civile organisée", and Chair of and introduction to "Intérêt général". lecture: "Promouvoir de nouvelles voies pour la Panel: "La personne, l'intérêt général: quelles prises solidarité". 35th Meeting IPSE [Institute for Euro- en compte dans les activités des organismes mutua- pean Social Protection]: "Pour une protection so- listes, paritaires et coopératifs?", 37th Meeting IPSE ciale durable: de nouvelles voies pour la solidarité", [Institute for European Social Protection]: Seville, Spain (5 and 6 July 2010). "L'individu, le collectif, au cœur des nouvelles solidarities", Warsaw, Poland (5 July 2011). "Struktur der französischen Rentenversiche- rung und die Reform". Conference: "Rentenver- "Le rôle respectif de l'Etat et d'acteurs privés sicherung im internationalen Vergleich", Deutsche dans la protection sociale. Des exemples euro- Rentenversicherung Bund, Erkner péens". Colloquium: "L'Etat et la protection so- (7 September 2010). ciale", Laboratoire d'etudes et d'analyse des politiques publiques en Algérie, University of Algiers 3, "The German Social Security System – Le Algeria (13 October 2011). système allemand de protection sociale". Ex- ecutive Training Programme: "A Forecast on the Development of the German Welfare State", Hertie Peter A. KÖHLER School of Governance, Berlin (1 October 2010). "Die schwedische Alterssicherung in der Chair of the Round Table: "What Types of Coop- globalen Finanzkrise". Internal lecture, Max eration can Establish Different Families of Not-for- Planck Institute for Foreign and International Profit Solidarity-Based Social Protection?". 36th Social Law, Munich (10 February 2010). Meeting IPSE [Institute for European Social Pro- tection]: "Cooperate for the Advancement of Not- "Überkommene Sichtweisen und neue Inter- for-Profit Social Protection", Liège, Belgium pretationen des Wohlfahrtsstaats Schweden". (15 October 2010). Scientific Advisory Board Meeting, Max Planck Institute for Foreign and International Social Law, "A propos des relations 'assurance privée – Munich (1 July 2010). assurance publique' en Allemagne". Confer- ence: "Le risque maladie en Europe: place et rôle "Das 'Volksheim' im Wandel – Schweden de l'assurance privée", Ecole des hautes études nach fünfzehn Jahren Mitgliedschaft in der en santé publique (EHESP), Rennes, France Europäischen Union". Meeting of the Board of (19 November 2010). Trustees, Max Planck Institute for Foreign and International Social Law, Munich (3 July 2010). "Financement et gestion: les systèmes collectifs de protection sociale en Europe sont-ils encore viables?". Colloque européen MFP-Eu- Yasemin KÖRTEK ropa: "Enjeux et avenir des systèmes collectifs de protection sociale en Europe", Paris, France "Sozialpolitik in der Türkei", Centre for Social (4 March 2011). Policy Research (ZeS), University of Bremen (8 June 2010).

169 Report 2010 – 2011

"Perspektive eines Beitrittskandidaten – "Sozialpolitik in lateinamerikanischen Staaten Modernisierung der Sozialversicherung in als Mittel der Armutsbekämpfung". Konrad- der Türkei". Meeting of the Board of Trustees, Adenauer-Stiftung, Vertiefungsseminar 06/2011: Max Planck Institute for Foreign and International "Verantwortung für die Eine Welt – Bedeutung Social Law, Munich (3 July 2010). und Chancen globaler Entwicklungspartnerschaf- ten", Bildungszentrum Schloss Eichholz, Wesseling "Verfassung und Soziales". Internal lecture, Max (31 March 2011). Planck Institute for Foreign and International Social Law, Munich (15 September 2010). "Prinzipien der neuen bolivianischen Verfas sung 2009". Colloquium: "Verfassungsprinzipien im Wandel: ein europäisch-lateinamerikanischer Luise LAUERER Dialog am Beispiel der bolivianischen Verfassung", German University of Administrative Sciences "Die soziale Sicherung bei Pflegebedürftig Speyer (3 May 2011). keit". Scientific Advisory Board Meeting, Max Planck Institute for Foreign and International Social "Case Study: Flat Pension System in Bolivia". Law, Munich (2 July 2010). Workshop: "International Standard Setting and Innovation in Social Security", Max Planck Institute for Foreign and International Social Law, Munich Bernd Baron von MAYDELL (26 May 2011).

"Does Globalisation Require a World Social Chair of "II. Personal Scope: Informal Sector and Law?". International Conference on "Global Eco- Migrants – 2. Coverage for Migrants". Workshop: nomic Recession vs. Deregulation: A Multi-Discipli- "International Standard Setting and Innovation in nary Dialogue", Beijing, P. R. China Social Security", Max Planck Institute for Foreign (25 – 29 April 2010). and International Social Law, Munich (27 May 2011). "Der rechtliche Rahmen für die deutsche Pflegeversicherung – ein Modell für "Der Sozialstaat in Bolivien – die neue Verfas Kroatien?". Conference: "Mogu´cnosti uvodenja sung Boliviens und der innovative Ansatz im sustava Pflegeversicherung u hrvatski sustav soci- Umgang mit dem Problem Normenkollisio jalne sigurnost", Opatija, Croatia nen". Jour fixe, Collaborative Research Center 700 (17 – 18 June 2011). (SFB): "Governance in Räumen begrenzter Staat- lichkeit: neue Formen des Regierens?", Freie Uni- "Minderheiten und ihre Berücksichtigung im versität Berlin (14 July 2011). nationalen und internationalen Recht". Inter- national Jean Monnet Chair Conference: "Invisible "Inklusion von Menschen mit Behinderungen Minorities", Opatija, Croatia aus lateinamerikanischer Perspektive. Eine (13 – 16 October 2011). Aufgabe des Sozialrechts für das Soziale im Recht". Conference: "Recht sozial. Disziplinen- Introduction. German-Polish Conference: "Die übergreifende Perspektiven auf soziale Sicherung", Realisierung der Arbeitnehmerfreizügigkeit im Protestant University of Applied Sciences Berlin Verhältnis zwischen Deutschland und Polen aus (EFB) (18 September 2011). arbeits- und sozialrechtlicher Sicht", Max Planck Institute for Social Law and Social Policy, Munich (24 November 2011). Hans-Joachim REINHARD

"La juridicción contencioso-administrativa en Magdalena NEUEDER Alemania". III. Congreso Internacional de Justicia Administrativa Facultad de Derecho, Malaga Uni- "Behinderung und Arbeit. Die berufliche versity, Spain (25 January 2010). Eingliederung von Menschen mit Behinderun gen und die Grenzen staatlicher Verantwor "Versicherung gegen das Risiko der Krankheit tung". Insights into research landscapes. Lecture in Deutschland – Versicherungspflicht in held within the scope of the LMU mentoring pro- Deutschland". KfH Kuratorium für Dialyse und gramme regarding the career advancement of aca- Nierentransplantation e.V. [KfH curatorship for demics, Ludwig Maximilian University Munich dialysis and renal transplantation], Frankfurt am (10 May 2010). Main (10 March 2010).

"Das Leistungserbringungsverhältnis im Sozi "La protección social de la dependencia en alrecht" (with Michael Schlegelmilch). Scientific Alemania". International seminar: "Temas clave de Advisory Board Meeting, Max Planck Institute for la ciudadanía europea: Salud, Dependencia y Sufra- Foreign and International Social Law, Munich gio de los retirados alemanes en España", Malaga (2 July 2010). University, Spain (25 March 2010).

"The Notion of Incapacity in the German Lorena OSSIO BUSTILLOS Social Security Law and the Interrelation between Unemployment and Invalidity". Inter- "Das Iberoamerikanische Multilaterale Ab national Workshop on Invalidity Benefits, Hoch kommen über Soziale Sicherheit". Internal schule Fulda (10 June 2010). lecture, Max Planck Institute for Foreign and Inter- national Social Law, Munich (13 October 2010).

170 VI. PAPERS AND LECTURES

"Aspectos de la protección de las familias Markus SCHÖN monoparentales, en particular en Alemania". Workshop: "Familias Monoparentales", University "Finanzierungsstrategien in der Kinder- und of Barcelona, Spain (27 June 2010). Jugendhilfe – Merkmale, Motive und rechtliche Maßgaben". Internal lecture, Max Planck "Soins de santé en Europe". 35th Meeting IPSE Institute for Foreign and International Social Law, [Institute for European Social Protection]: "Pour Munich (13 January 2010). une protection sociale durable: de nouvelles voies pour la solidarité", Seville, Spain (6 July 2010). Chair of the panel discussion: "Gesundheitsförde- rung für Kinder in und durch verschiedene Institu- "Unterhalt und Sozialrecht in Deutschland", tionen – Politische Perspektiven". Conference: KfH Kuratorium für Dialyse und Nierentransplan- "Mehr Chancen für gesundes Aufwachsen", Evan- tation e.V. [KfH curatorship for dialysis and renal gelische Akademie Tutzing and Deutsches Jugend- transplantation], Frankfurt am Main institut, Tutzing (14 March 2010). (24 November 2010). Chair and chair of discussion. Conference: "EU- "Rentenreform in Deutschland". Conference: Beihilfenrecht und die Finanzierung sozialer Dienst- "Dojrzały wybór – wydłuz·anie wieku emerytalnego leistungen auf kommunaler Ebene", DGB-Haus, szansa˛ dla kolejnych pokolen´? Dos´wiadczenia Polski Munich (22 June 2010). i Niemiec", Instytut Spraw Publicznych, Warsaw, Poland (1 December 2010). "Misfit Concerning Social Services of General Interest in the European Context". Plenum of "La protección social de las familias monopa- the joint Sectoral Social Dialogue Committee of rentales en Europa". Seminario sobre la protec- the Council of European Municipalities and Re- ción de la familias monoparentales, University of gions (CEMR) and of the European Federation of Barcelona, Spain (10 December 2010). Public Service Unions (EPSU), Brussels, Belgium (24 March 2011). "Rentenreform in Spanien". Internal lecture, Max Planck Institute for Foreign and International Social Law, Munich (13 April 2011). Bernd SCHULTE

"El sistema de protección social en Alemania". "Inklusion muss Schule machen! Umsetzung 7. Coloquio Internacional de Seguridad Social Cam- der UN-Behindertenrechtskonvention in Bay- bios en el Trabajo y Seguridad Social, Universidad ern". 5th Meeting of the series of lectures entitled Autónoma del Estado de Morelos, Cuernavaca, "Einfach Mittendrin – Die Rechte behinderter Mexico (1 June 2011). Menschen stärken", Bayerischer Landtag, Munich (11 June 2010). "Protección de las mujeres en sistemas eu- ropeos de seguridad social". 7. Coloquio Inter- "Sozialrecht und Sozialpolitik in der Europä- nacional de Seguridad Social: Cambios en el Trabajo ischen Union 'nach Lissabon'". Meeting of the y Seguridad Social, Universidad Autónoma del Board of Trustees, Max Planck Institute for Foreign Estado de Morelos, Cuernavaca, Mexico and International Social Law, Munich (3 July 2010). (2 June 2011). "Der Betreute, sein Betreuer und das Recht". "Systeme der Absicherung des Risikos der 1. Bayerischer Betreuungsgerichtstag [Bavarian Pflege in Europa im Vergleich". BKK-Tag 2011 court day on guardianship], Alter Rathaussaal, [company health insurance funds conference] Munich (22 July 2010). "Zukunft der Pflege – Modelle für eine Reform", BKK-Landesverband Mitte, Berlin (28 June 2011). "Europäisches Sozialrecht nach dem Vertrag von Lissabon". Alumni Meeting: "Europäische Integration und Sozialrecht nach dem Inkrafttreten Michael SCHLEGELMILCH des Vertrags von Lissabon", Max Planck Institute for Foreign and International Social Law, Munich "Das Leistungserbringungsverhältnis im Sozi- (10 September 2010). alrecht" (with Magdalena Neueder). Scientific Advisory Board Meeting, Max Planck Institute Chair of "II. Material Scope: Uncovered and New for Foreign and International Social Law, Munich Risks – 2. New Risks". Workshop: "International (2 July 2010). Standard Setting and Innovation in Social Security", Max Planck Institute for Foreign and International "Maybe I'm a Social Scientist but I'don't Know Social Law, Munich (27 May 2011). yet. How and why to do a Legal Comparison". Meeting hosted for a visiting group of students "Das Recht von Menschen mit Behinderungen enrolled in the "Higher Diploma in Social Policy" auf Teilhabe am politischen und öffentlichen study programme at the School of Applied Social Leben". Bayerischer Landtag, Munich Studies, University College Cork, Ireland, Max (30 June 2011). Planck Institute for Social Law and Social Policy, Munich (17 November 2011). Daniela SCHWEIGLER

"Das Recht auf Anhörung eines bestimmten Arztes (§ 109 SGG) in der sozialgerichtlichen Praxis". Scientific Advisory Board Meeting, Max

171 Report 2010 – 2011

Planck Institute for Foreign and International Social "Liberating the NHS – das Weißbuch vom 12. Law, Munich (1 July 2010). Juli 2010". Internal lecture, Max Planck Institute for Foreign and International Social Law, Munich "Das Recht auf Anhörung eines bestimmten (17 November 2010). Arztes (§ 109 SGG) in der sozialgerichtlichen Praxis". Doctoral seminar 2010 held by Deutscher "Drittmittelprojekt: Individualisierte Gesund Sozialrechtsverband e.V., Max Planck Institute for heitsversorgung". Internal lecture, Max Planck Foreign and International Social Law, Munich Institute for Foreign and International Social Law, (9 July 2010). Munich (8 December 2010).

"Individualisierte Medizin als Leistung der Ilona VILACLARA GKV?" (with Simone von Hardenberg). Expert workshop: "Individualisierte Gesundheitsversorgung" „Rollstuhl, Krücke, Hörgerät – Hauptsache within the framework of the cooperative project of billig? Die Preissteuerung im gesetzlichen the Federal Ministry of Education and Research Krankenversicherungsrecht im Spannungsfeld (BMBF): "Individualisierte Gesundheitsversorgung: von Kostendruck und Qualitätssicherung“. Ethische, ökonomische und rechtliche Implikationen Insights into research landscapes. Lecture held für das deutsche Gesundheitswesen", Institute for within the scope of the LMU mentoring programme Ethics, History and Theory of Medicine, Munich regarding the career advancement of academics, (20 July 2011). Ludwig Maximilian University Munich (7 June 2010). Hans F. ZACHER

Sebastian WEBER "Geschichte und Krise der sozialen Marktwirt schaft". Meeting of the Historical-Philosophical "Ohne Bibliothek geht nichts – von rechtswis Class, Bavarian Academy of Sciences, Munich senschaftlichen Datenbanken bis zum Präsenz (15 January 2010). bestand". XXXIVth Librarians' meeting of the Max Planck Society, Max Planck Society, Administrative Commentary on "How do we 'Replan the Journey' ". Headquarters, Munich (3 May 2011). 16th Plenary Session: "Crisis in a Global Economy. Re-Planning the Journey", Pontifical Academy of "Sühne – Versöhnung – Völkerrecht". Keynote Social Sciences, Vatican City (3 May 2010). address and panel discussion: 33. Deutscher Evan- gelischer Kirchentag, Dresden (2 June 2011). Keynote address on behalf of the president of the Max Planck Society. International colloquium "Hilfe wider Willen – zur Kostenpflicht bei "Strafrecht in einer globalen Welt" held in memory öffentlich-rechtlicher Unterbringung eines of Professor Dr. Dr. h.c. mult. Hans-Heinrich psychisch Kranken". Internal lecture, Max Planck Jescheck, Max Planck Institute for Foreign and Institute for Foreign and International Social Law, International Criminal Law, Freiburg im Breisgau Munich (15 June 2011). (7 January 2011).

"Grenzen – konfliktreiche konstitutive Voraus "How can a Universal Right to Freedom of setzung eines Staates". International workshop: Religion be Understood in the Light of Mani "Phantomgrenzen und Regionen – für eine Kultur- fest Differences Among Religions, Cultures, geschichte des Rechts in Ostmittel- und Südosteu- Nations, Schools of Interpretation, Formula ropa", Geisteswissenschaftliches Zentrum Ge- tions of Rights, and Modes of Implementing schichte und Kultur Ostmitteleuropas (GWZO), them?". 17th Plenary Session: "Universal Rights in a University of Leipzig (12 November 2011). World of Diversity. The Case of Religious Freedom", Pontifical Academy of Social Sciences, Vatican City "Europäische Terrorismusbekämpfung". Legal (2 May 2011). seminar, Bundesnachrichtendienst, Munich (17 November 2011). Welcome Address (on behalf of the president of the Max Planck Society). Symposium: "Hondred "Heimrecht und Datenschutz". Development jaar Max-Planck-Gesellschaft", Royal Netherlands seminar for managers of social welfare institutions, Academy of Arts and Sciences, Amsterdam Lappersdorf near Regensburg (22 November 2011). (15 September 2011).

Nikola WILMAN

"Off-Label-Use in den USA", Conference: "Im Zweifel auf Privatrezept? Sozial- und haftungsrecht liche Aspekte des Off-Label-Use", Max Planck Institute for Foreign and International Social Law, Munich (20 May 2010).

"Kosten-Nutzen-Bewertung im Gesundheits wesen". Scientific Advisory Board Meeting, Max Planck Institute for Foreign and International Social Law, Munich (1 July 2010).

172 VI. PAPERS AND LECTURES

1.2. Munich Center for the Economics "SHARE-ERIC". ERIC Constitutional Meeting, of Aging (MEA) The Hague, the Netherlands (25 May 2011).

"SHARE-ERIC and the SHARE Infrastruc- Axel BÖRSCH-SUPAN ture". ERIC Ministerial Meeting, The Hague, the Netherlands (25 May 2011). "Soziale Gerechtigkeit: Utopie oder Garantie". Herrenhäuser Gespräche, Hanover (20 January 2011). "Incentive Effects of Disability Insurance in Germany". International Social Security Confer- "SHARE-ERIC Status. Theme: Variable ence, National Bureau of Economic Research Geometry…". Meeting of the ERIC Committee, (NBER), Aix-en-Provence, France (2 – 4 June 2011). European Commission, Brussels, Belgium (21 January 2011). "Riester Pensions: The Matching Defined Contribution Savings Scheme in Germany". "Arbeitskräftepotentiale: Wer kann wie in World Bank Workshop on the Potential for Match- Zukunft arbeiten? Die Chancen der gewon- ing Defined Contribution Schemes, Washington nenen Jahre". Workshop of the research group D. C., USA (6 June 2011). "Bevölkerungswissenschaftliche Methoden" of Deutsche Gesellschaft für Demographie e.V. "Successful Aging Societies: Ensuring Social, [German Society for Demography] in the German Economic, and Political Stability, and a Federal Ministry of Labour and Social Affairs Healthy Society during the Coming Demo- (BMAS), Berlin (27 January 2011). graphic Transition". MacArthur Foundation Aging Society Network Meeting "Intergenerational Cohe- "Work Disability and Health over the Life sion in Europe", New York, USA (8 June 2011). Course". Ausschuss für Bevölkerungsökonomie, Centre for European Economic Research (ZEW), "Reform of Entitlement Programs in Europe Mannheim (5 February 2011). with a Particular Focus on Public Pensions". NBER Pre-Conference on Fiscal Policy, Cambridge, "SHARE: Infrastrukturen für Sozialwissen- Mass., USA (15 July 2011). schaften". Max Planck Society, Section Meeting, Berlin (17 February 2011). "Health and Early Retirement: Policy Lessons from International Comparisons". Research "Challenges and Innovations in SHARE". 1st Institute of Economics, Trade and Industry (RIETI) International Conference on Challenges and Inno- and RAND Corporation Symposium: "What Have vations in Longitudinal Surveys, Beijing, P. R. China we Learned from the Panel Data of the Elderly? For (25 February – 4 March 2011). Better Life and Health", Tokai University Kouyu- Kaikan, Tokyo, Japan (29 July 2011). "Strukturreformen und demographischer Wan- del". Max Planck Forum: "Werden die Alten bald "Update on SHARE". Conference on Harmoniza- die Jungen sein?", Berlin (16 May 2011). tion of Longitudinal Studies, Beijing, P. R. China (2 August 2011). "SHARE Erfolgsraten 2004 – 2010". Interview training at Institut für angewandte Sozialwissen- "SHARE and SHARELIFE: The Collection of schaft (infas), Bonn (29 March 2011). Longitudinal Data on Older Adults in Europe". Conference on Harmonization of Longitudinal "Finanzmarktkrise – das Aus für die kapitalge- Studies, Beijing, P. R. China (3 August 2011). deckte Altersvorsorge?". German Insurance Association (GDV), press colloquium, Berlin "Handlungsbedarf in der Rentenpolitik". Meet- (29 March 2011). ing in the German Federal Ministry of Labour and Social Affairs (BMAS), Berlin (24 August 2011). "Ressourcen für den demographischen Wan- del". German Insurance Association (GDV), Aus- Chair "SHARELIFE and ELSA Life Histories". schusstagung Volkswirtschaft [committee meeting], SHARE User Conference, Estonian Institute for Düsseldorf (31 March 2011). Population Studies, Tallinn University, Estonia (1 – 3 September 2011). "Wirkungen des demographischen Wandels auf Wirtschaft und Arbeitsmarkt". Expert Com- "Saving Patterns in Times of Population Ag- mission "Demografie" of the German Federal Gov- ing". European Colloquia, V Edition "An Era of ernment, Berlin (4 April 2011) Macro and Micro Frictions", Lago d'Iseo, Italy (13 – 15 September 2011). "Public Policy Inference from Cross-National Data". Seminar, Harvard Center for Population and "Heinz-Grohmann-Vorlesung: Wie gut können Development Studies (Pop Center) of the Harvard wir die Folgen des demographischen Wandels School of Public Health, Boston, USA (2 May 2011). abschätzen?". Annual Conference, German Statistical Society (DStatG), Leipzig "Wohlstand und Lebensqualität in Zeiten des (21 September 2011). demographischen Wandels: die gewonnenen Jahre". Helmholtz lecture, Humboldt University "Strategies for, and Experiences of, Growth, Berlin (5 May 2011). Retirement and Work in Europe". The MacArthur Foundation Research Network on "SHARE-ERIC". SHARE Wave 4 – Midterm an Aging Society Network, Paris, France Meeting, Ljubljana, Slovenia (19 – 20 May 2011). (29 September 2011).

173 Report 2010 – 2011

"International Comparisons of Welfare State "Capital Markets and Rates of Return". U.S. Interventions". International Longevity Center Senate Committee: "Long-Run Macroeconomic (ILC) Global Alliance Board Meeting, Leiden, the Implications of Population Aging for the US", Netherlands (30 September 2011). National Academy of Sciences (NAS), Washington D. C., USA (16 – 17 December 2011). "Demographie und Fachkräftemangel". Expert Commission "Demografie" of the German Federal Government, Berlin (5 October 2011). Martina BRANDT

"Wirtschafts- und sozialpolitische Perspek "Support to Older Parents and Social Policy tiven". Conference of the Austrian Social Partners in Europe". Annual Meeting of the American – Bad Ischler Dialog, Bad Ischl, Austria Sociological Association, Las Vegas, USA (10 October 2011). (20 – 23 August 2011).

"Survey of Health, Aging and Retirement in "Tracing the Origins of Successful Aging: The Europe". Workshop of the Brazilian Longitudinal Role of Childhood Conditions and Societal Study of Aging (ELSI-BRASIL), Rio de Janeiro, Context" (with Christian Deindl and Karsten Brazil (13 – 19 October 2011). Hank). SHARE User Conference, Estonian Insti- tute for Population Studies, University of Tallinn, "Drohende Altersarmut in Deutschland". 15th Estonia (1 – 3 September 2011). DKM – International Trade Fair for the Finance and Insurance Industry, Dortmund (27 October 2011). "Tracing the Origins of Successful Aging: The Role of Childhood Conditions and Societal Introductory statement: "Gesellschaftliche Ent Context" (with Christian Deindl and Karsten wicklung und soziale Sicherung vor dem Hank). Annual Meeting of the Gerontological Hintergrund des demografischen Wandels Society of America 2011, Boston, USA und Anforderungen an eine zukunftsfeste und (18 – 22 November 2011). generationengerechte Alterssicherung". Sympo- sium "Regierungsdialog Rente" of the German Federal Government, Federal Ministry of Labour Tabea BUCHER-KOENEN and Social Affairs, Berlin (7 November 2011). "Do Smarter Consumers Get Better Advice? "Forschungsperspektiven Sozialpolitik". An Analytical Framework and Evidence from Ceremony "Ein Social Event!" held on the occasion German Private Pensions". 38th Annual Meeting of the establishment of the second department at of the European Finance Association, Stockholm, the Max Planck Institute for Social Law and Social Sweden (17 – 20 August 2011). Policy, Siemens Forum, Munich (14 November 2011). "Do Smarter Consumers Get Better Advice? An Analytical Framework and Evidence from "Early Childhood Experiences and their German Private Pensions". Annual Meeting of Impact on Late-Life Outcomes". MacArthur Verein für Socialpolitik, Frankfurt am Main Aging Societies Network, Boston, USA (4 – 7 September 2011). (18 November 2011). "Do Smarter Consumers Get Better Advice? "Early-Life Factors and Late-Life Outcomes: An Analytical Framework and Evidence from Analysis of Data from the Survey of Health, German Private Pensions". Faculty Seminar, Ageing and Retirement in Europe". 64th Annual EMLyon Business School, Lyon, France Scientific Meeting of the Gerontological Society of (30 November 2011). America (GSA), Boston, USA (21 November 2011).

"Realwirtschaftliche Grundlagen der Finanz Michela COPPOLA krise". Conference of the Advisory Council of the German Federal Ministry of Economics and "Risk Attitudes and Saving Behavior: Are the Technology (BMWi), Frankfurt am Main Babyboomers Different?". Joint Annual Confer- (24 – 25 November 2011). ence of the International Association for Research in Economic Psychology (IAREP) and the Society for "State of SHARE: New Ideas vs. Continuity the Advancement of Behavioral Economics (SABE), Comprehensiveness vs. Length". SHARE Wave University of Exeter, United Kingdom 5 Meeting, Central European University, Budapest, (12 – 16 July 2011). Hungary (28 – 29 November 2011). "The German SAVE Study: Design, Selected "Entitled Programs in Europe – Policy Mix Results and Future Developments". Annual ture in the Current Pension Return Process". Meeting of Verein für Socialpolitik, Frankfurt am NBER Conference: "Fiscal Policy after the Finan- Main (4 – 7 September 2011). cial Crisis", Università Bocconi, Milan, Italy (13 December 2011). "Das Sparverhalten der Baby-Boomer". Confer- ence: "Kapital- und Arbeitsmärkte in alternden "State of SHARE". Data Monitoring Committee Volkswirtschaften", University of Rostock (DMC) Meeting, National Institute on Aging (NIA) (26 – 27 September 2011). and Health and Retirement Study (HRS), Bethesda, Maryland, USA (15 December 2011).

174 VI. PAPERS AND LECTURES

Christin CZAPLICKI "Linking Administrative Data to Survey Data: Implications for Consent". Joint Statistical Meet- "Vereinbarkeit von Pflege und Erwerbstätig- ing of the American Statistical Association, Miami keit – Pflege aus einer lebensverlaufstheore- Beach, USA (31 July – 4 August 2011). tischen Perspektive". FNA Graduiertenkollo- quium 2011, Deutsche Rentenversicherung Bund, "Costs of Increasing Survey Response – Ex- Berlin (7 – 8 July 2011). perimenting with Monetary Incentives". DFG Priority Programme 1292: "Survey Methodology", "Who is Care-Giving? Assessing the Quantity 2nd International Meeting: "Advancing Survey of People who are Engaged in Voluntary Care Methods", Bremen (17 – 18 November 2011). Work". 4th Conference of the European Survey Research Association (ESRA), Lausanne, Switzer- land (18 – 22 July 2011). Stefan LISTL

"Income-Related Inequalities in Chewing Helmut FARBMACHER Abilities of Europeans Aged 50+". FDI Annual World Dental Congress, Mexico City, Mexico "Heterogeneous Effects of Nonlinear Price (14 – 17 September 2011). Schedules for Ambulatory Care". 65th European Meeting of the Econometric Society, Oslo, Norway "Finanzielle Anreize für Arzt und Patient". 3rd (25 – 29 August 2011). Interdisciplinary Congress: "Junge Wissenschaft und Praxis – Chancen und Grenzen (in) der Medi- zin", Berlin (18 – 19 October 2011). Christian HUNKLER

"Ethnic Discrimination in the German Hous- Frederic MALTER ing Market. A Field Experiment on the Under- lying Mechanisms". 4th Conference of the Euro- "Developing the SHARE Survey Instrument pean Survey Research Association (ESRA), – An Iterative Process in a Multi-Disciplinary, Lausanne, Switzerland (18 – 22 July 2011). Multi-Actor, International Environment". 4th Conference of the European Survey Research "Akzent, Name oder stabiler Job? Erklärungen Association (ESRA), Lausanne, Switzerland für ethnische Diskriminierung im deutschen (18 – 22 July 2011). Wohnungsmarkt". 13th Conference of Fachgruppe Sozialpsychologie in der Deutschen Gesellschaft für Psychologie, Helmut Schmidt University Hamburg Fabrizio MAZZONNA (18 – 21 September 2011). "The Long-Lasting Effects of Family Back- ground: A European Cross-Country Compari- Thorsten KNEIP son". SHARE User Conference, Estonian Institute for Population Studies, Tallinn University, Estonia "The Long Run Consequences of Unilateral (1 – 3 September 2011). Divorce Laws on Parents and Children – Evi- dence from SHARELIFE" (with Steffen Rein- "The Long-Lasting Effects of Family Back- hold and Gerrit Bauer). SHARE User Conference, ground: A European Cross-Country Compari- Estonian Institute for Population Studies, Tallinn son". Regional Workshop Health Economics, University, Estonia (1 – 3 September 2011). Darmstadt (3 November 2011).

"The Long-Lasting Effects of Family Back- Julie KORBMACHER ground: A European Cross-Country Compari- son". Xth Brucchi Luchino Labour Economics Work- "Consent when Linking Survey Data with shop, Rome, Italy (15 – 16 November 2011). Administrative Data". 4th Conference of the European Survey Research Association, Lausanne, Switzerland (18 – 22 July 2011). Barbara SCHAAN

"Eine neue Perspektive der empirischen Al- "The Collection of Biomarkers in the Survey ternsforschung" (with Barbara Schaan). Second of Health, Ageing and Retirement in Europe status symposium of VolkswagenStiftung: "Indivi- – Findings and Perspectives". 4th Conference duelle und gesellschaftliche Perspektiven des of the European Survey Research Association, Alterns", Friedrich Schiller University, Jena Lausanne, Switzerland (18 – 22 July 2011). (1 – 3 December 2011). "Eine neue Perspektive der empirischen Al- ternsforschung" (with Julie Korbmacher). Second Ulrich KRIEGER status symposium of VolkswagenStiftung: "Indivi- duelle und gesellschaftliche Perspektiven des "Nonresponse in a Multi-Actor Survey: Evi- Alterns", Friedrich Schiller University, Jena dence from the German Family Panel" and (1 – 3 December 2011). "Survey Burden, Attrition and Alteri Participa- tion in the Pairfam Panel". 4th Conference of the European Survey Research Association (ESRA), Lausanne, Switzerland (18 – 22 July 2011).

175 Report 2010 – 2011

Stephanie STUCK 1.3. Max Planck Fellow Group

Chair of session: "Indicators of Survey Data Dominik BALDIN Quality". 4th Conference of the European Survey Research Association (ESRA), Lausanne, Switzer- "Inklusion/Exklusion aus soziologischer Pers land (18 – 22 July 2011). pektive" (with Luisa Demant). Workshop: "Inklu- sion bei Behinderung – Annäherung an das Thema", "SHARE Data Support". SHARE User Confer- Max Planck Institute for Foreign and International ence, Estonian Institute for Population Studies, Social Law, Munich (14 – 15 September 2010). Tallinn University, Estonia (1 – 3 September 2011). "Empirische Sozialforschung. Grundlagen und Methoden" (with Luisa Demant). Workshop: "Inklu- Edgar VOGEL sion bei Behinderung – Annäherung an das Thema", Max Planck Institute for Foreign and International "Aging and Pension Reform in a Two-Region Social Law, Munich (14 – 15 September 2010). World: The Role of Human Capital". Center for Retirement Research Annual Conference, "Diversity Management – Umgang mit Ver National Press Club, Washington D.C., USA schiedenheit. Disability Mainstreaming" (with (4 – 5 August 2011). Laura Dobusch). Workshop: "Inklusion bei Behin- derung – Annäherung an das Thema", Max Planck Institute for Foreign and International Social Law, Matthias WEISS Munich (14 – 15 September 2010).

"Age and Productivity in Work Teams: Evi "Menschen mit Behinderung und Bastelbio dence from the Assembly Line". 65th European grafien – Exklusivität der Exkludierten?". Meeting of the Econometric Society, Oslo, Norway Workshop: "Inklusion bei Behinderung als (26 – 29 August 2011). Wissenschaftsthema", Reichenau, Switzerland (13 – 15 January 2011). "Age and Productivity in Work Teams: Evi dence from the Assembly Line". Annual Meeting "Behinderung und Migration". Meeting of the of Verein für Socialpolitik, Frankfurt am Main Board of Experts, Max Planck Institute for Foreign (4 – 7 September 2011). and International Social Law, Munich (8 April 2011).

"Alter und Produktivität in Arbeitsgruppen: "Menschen mit Behinderung und Migrations Evidenz vom Fließband". 1st Wirtschaftswissen- hintergrund: Inklusion und Exklusion einer schaftliches Forum Essen [business administration vergessenen Gesellschaftsgruppe in Deutsch forum]: "Wirtschaftliche Implikationen des demo- land". Workshop: "Inklusion bei Behinderung – grafischen Wandels – Herausforderungen und die Leistungssysteme", TU Dortmund University Lösungsansätze", Hochschule für Oekonomie & (12 – 13 May 2011). Management, Essen (29 – 30 September 2011). "Lifelong Learning". Workshop: "Capacity Build- Contribution to discussion: "How do Older ing. Higher Education and Corporate Social Re- Workers Adapt to Economic Change? Productivity sponsibility", Pwani University College (PUC), and Age in a Transitional Setting" (Anna Lovász Kilifi, Kenya (15 and 18 – 25 June 2011). and Mariann Rigó). Workshop: "Ageing, Health, and Productivity", St. Gallen, Switzerland "Migrationstheorien". Workshop: "Inklusion bei (4 – 5 October 2011). Behinderung – Forschung mit Methode", Max Planck Institute for Social Law and Social Policy, "Productivity and Age: Evidence from Work Munich (6 – 7 October 2011). Teams at the Assembly Line". Conference: "Cognitive and Non-Cognitive Skills over the Life- "Zur Situation von Menschen mit Zuwande Cycle", Maastricht University, the Netherlands rungsgeschichte und Behinderungen aus so (14 – 15 October 2011). ziologischer Perspektive: Von Schütz bis zur Intersektionalitätsforschung". City of Dortmund: "Werkstatt: Türen öffnen – Berufliche Perspektiven Sabrina ZUBER für Menschen mit Behinderungen und Zuwande- rungsgeschichte", Dortmund (17 November 2011). "Indicators of Survey Data Quality". 4th Confer- ence of the European Survey Research Association (ESRA), Lausanne, Switzerland (18 – 22 July 2011). Minou BANAFSCHE

"Das Sozialgesetzbuch – im Schnelldurchlauf". Workshop: "Inklusion bei Behinderung – Annähe- rung an das Thema", Max Planck Institute for Foreign and International Social Law, Munich (14 – 15 September 2010).

"Die menschenrechtliche Dimension des Grundgesetzes am Beispiel des Art. 24 UN- Behindertenrechtskonvention". Workshop: "Inklusion bei Behinderung als Wissenschafts thema", Reichenau, Switzerland (13 – 15 January 2011).

176 VI. PAPERS AND LECTURES

"Die menschenrechtliche Dimension des "Soziale Sicherung und Teilhabe von Men- Grundgesetzes – am Beispiel der UN-Behin- schen mit Behinderung in Ländern des dertenrechtskonvention". Meeting of the Board Globalen Südens". Meeting of the Board of Ex- of Experts, Max Planck Institute for Foreign and perts, Max Planck Institute for Foreign and Interna- International Social Law, Munich (8 April 2011). tional Social Law, Munich (8 April 2011).

"Die menschenrechtliche Dimension des "Soziale Sicherung und Teilhabe von Men- Grundgesetzes – am Beispiel der UN-Behin- schen mit Behinderung in Ländern des dertenrechtskonvention". Workshop: "Inklusion Globalen Südens". Workshop: "Inklusion bei bei Behinderung – die Leistungssysteme", TU Behinderung – die Leistungssysteme", TU Dortmund University (12 – 13 May 2011). Dortmund University (12 – 13 May 2011).

"Das Recht auf Bildung im Spannungsfeld "Disability Mainstreaming in Academic Con- von UN-Behindertenrechtskonvention und texts" (with Laura Dobusch). Workshop: "Capacity Grundgesetz". Conference: "Behinderungen und Building. Higher Education and Corporate Social Verhinderungen", Evangelische Akademie Tutzing Responsibility", Pwani University College (PUC), (20 – 22 May 2011). Kilifi, Kenya (15 and 18 – 25 June 2011).

"Role and Impact of the Convention on the "Amartya Sen's 'Capability Approach': Theore- Rights of Persons with Disabilities in Germany tischer Rahmen und Anwendungsmöglich- from a Legal Perspective Using the Example keiten". Workshop: "Inklusion bei Behinderung – of Article 24". 11th Research Conference of Forschung mit Methode", Max Planck Institute for the "Nordic Network on Disability Research", Social Law and Social Policy, Munich (6 – 7 Octo- Reykjavík, Iceland (27 – 28 May 2011). ber 2011).

"The UN Convention on the Rights of Persons with Disabilities – Development, Contents, Melanie BIEWALD Goals". Workshop: "Capacity Building. Higher Education and Corporate Social Responsibility", "Sozialstaat und Wohlfahrtswesen". Workshop: Pwani University College (PUC), Kilifi, Kenya "Inklusion bei Behinderung – Annäherung an das (15 and 18 – 25 June 2011). Thema", Max Planck Institute for Foreign and International Social Law, Munich "Die UN-Behindertenrechtskonvention: Weg- (14 – 15 September 2010). weiser im Kampf von Menschen mit Behinde- rungen oder Ziel? – Aus deutscher Perspektive". "Yes, We Can! Personal Budget at the Zweiter Kongress der deutschsprachigen Rechtssozio- Workplace". ERC – European Conference logie-Vereinigungen [2nd Congress of German Sociolo- on Rehabilitation, Copenhagen, Denmark gy of Law Associations]: "'Der Kampf um's Recht' – (9 – 10 November 2010). Akteure und Interessen im Blick der interdisziplinären Rechtsforschung", University of Vienna, Austria (1 – 3 "Sag mir, wer die Guten sind! Konzepte und September 2011). Maßstäbe für gute Mitarbeiterinnen und Mit- arbeiter im Brennpunkt sozialer Dienstleis- "Die Beschäftigungssituation von Menschen tung". Workshop: "Inklusion bei Behinderung als mit Behinderungen gemäß der Bewertung des Wissenschaftsthema", Reichenau, Switzerland 5. Staatenberichts der BRD zum UN-Sozialpakt (13 – 15 January 2011). durch die Vereinten Nationen". Workshop: "Inklu- sion bei Behinderung – Forschung mit Methode", Max "Yes, We Can! Das Persönliche Budget in Planck Institute for Social Law and Social Policy, der Werkstatt für Menschen mit Behinde- Munich (6 – 7 October 2011). rung". 20th Reha-Wissenschaftliches Kolloquium [colloquium on rehabilitation sciences]: "Nach- "Mehrdimensionale Diskriminierung: Gender haltigkeit durch Vernetzung", Ruhr University als Querschnittsthema in der Behindertenrechts- Bochum (14 – 16 March 2011). konvention der Vereinten Nationen". Studientag: "Gender und Menschenrechte", School of Law at the "Ergebnisse der wissenschaftlichen Beglei- University of Hamburg (11 November 2011). tung" (with Stefanie Frings). Expert conference concluding the project: "An die Arbeit mit Persön- lichem Budget", Josefsheim Bigge, Olsberg Isabella BERTMANN (30 March 2011).

"UN-Konvention über die Rechte von Men- "Sag mir, wer die Guten sind! Konzepte und schen mit Behinderungen. Ein politikwissen- Maßstäbe für gute MitarbeiterInnen im schaftlicher Zugang" (with Corina Hoffmann). Brennpunkt sozialer Dienstleistung". Meeting Workshop: "Inklusion bei Behinderung – An- of the Board of Experts, Max Planck Institute for näherung an das Thema", Max Planck Institute Foreign and International Social Law, Munich for Foreign and International Social Law, Munich (8 April 2011). (14 – 15 September 2010). "Yes, We Can! Personal Budget at the Work- "Sozial ver(un)sichert? Wirklichkeit und place". Workshop: "Inklusion bei Behinderung – Wirkung sozialer Sicherheit für Menschen die Leistungssysteme", TU Dortmund University mit Behinderung in Ländern des Globalen (12 – 13 May 2011). Südens". Workshop: "Inklusion bei Behinderung als Wissenschaftsthema", Reichenau, Switzerland (13 – 15 January 2011).

177 Report 2010 – 2011

"A Change in Quality Management by Ex Laura DOBUSCH changing Experience – Benchlearning as a New Management Tool". Workshop: "Capacity "Diversity Management – Umgang mit Ver Building. Higher Education and Corporate Social schiedenheit. Disability Mainstreaming" (with Responsibility", Pwani University College (PUC), Dominik Baldin). Workshop: "Inklusion bei Behin- Kilifi, Kenya (15 and 18 – 25 June 2011). derung – Annäherung an das Thema", Max Planck Institute for Foreign and International Social Law, "Mitarbeitermotivation – Mitarbeitermarke Munich (14 – 15 September 2010). ting. Ergebnisse einer exemplarischen Studie". Regional conference of Stiftung Bethel.regional, "Verfestigung, Ausweitung oder Erosion der Burbach (21 July 2011). Norm? – zum Beitrag des Diversity Manage ment zu sozialer Inklusion". Workshop: "Inklu- "Die Quadratur des Kreises – lässt sich der sion bei Behinderung als Wissenschaftsthema", Terminus 'Gute Mitarbeiterinnen und Mitar Reichenau, Switzerland (13 – 15 January 2011). beiter' unter Berücksichtigung der Anbieter-, Beschäftigten- und Nutzerperspektive definie "Verfestigung, Flexibilisierung oder Erosion ren?". Workshop: "Inklusion bei Behinderung – der Norm? – zum Beitrag von Diversity Man Forschung mit Methode", Max Planck Institute agement zu sozialer Inklusion". Meeting of for Social Law and Social Policy, Munich the Board of Experts, Max Planck Institute for (6 – 7 October 2011). Foreign and International Social Law, Munich (8 April 2011).

Luisa DEMANT "Verfestigung Flexibilisierung oder Erosion der Norm? Zum Beitrag von Diversity Manage "Inklusion/Exklusion aus soziologischer Per ment zu sozialer Inklusion". Forschungswerkstatt spektive" (with Dominik Baldin). Workshop: "In- Praktiken und Praxis. Methoden ihrer Analyse, klusion bei Behinderung – Annäherung an das Münster University (WWU) (28 – 30 April 2011). Thema", Max Planck Institute for Foreign and International Social Law, Munich "Verfestigung, Flexibilisierung oder Erosion (14 – 15 September 2010). der Norm? Zum Beitrag von Diversity Manage ment zu sozialer Inklusion". Workshop: "Inklusi- "Empirische Sozialforschung. Grundlagen und on bei Behinderung – die Leistungssysteme", TU Methoden" (with Dominik Baldin). Workshop: Dortmund University (12 – 13 May 2011). "Inklusion bei Behinderung – Annäherung an das Thema", Max Planck Institute for Foreign and "Disability Mainstreaming in Academic Con International Social Law, Munich texts" (with Isabella Bertmann). Workshop: "Capa (14 – 15 September 2010). city Building. Higher Education and Corporate Social Responsibility", Pwani University College "Beratung als Beitrag zur Teilhabe der Ge (PUC), Kilifi, Kenya (15 and 18 – 21 June 2011). sellschaft für Familien mit einem behinderten Kind am Beispiel der gemeinsamen Service "Dispositivanalyse und Grounded Theory – stellen für Rehabilitation". Workshop: "Inklusion theoretische Grundlagen und praktische bei Behinderung als Wissenschaftsthema", Umsetzung". Workshop: "Inklusion bei Behinde- Reichenau, Switzerland (13 – 15 January 2011). rung – Forschung mit Methode", Max Planck Insti- tute for Social Law and Social Policy, Munich "Beratung als Beitrag zur Teilhabe an der (6 – 7 October 2011). Gesellschaft für Familien mit einem behin derten Kind am Beispiel der gemeinsamen Servicestellen für Rehabilitation". Meeting Corina HOFFMANN of the Board of Experts, Max Planck Institute for Foreign and International Social Law, Munich "UN-Konvention über die Rechte von Men (8 April 2011). schen mit Behinderungen. Ein politikwissen schaftlicher Zugang" (with Isabella Bertmann). "Beratung als Beitrag zur Teilhabe an der Workshop: "Inklusion bei Behinderung – An- Gesellschaft für Familien mit einem behinder näherung an das Thema", Max Planck Institute ten Kind". Workshop: "Inklusion bei Behinderung for Foreign and International Social Law, Munich – die Leistungssysteme", TU Dortmund University (14 – 15 September 2010). (12 – 13 May 2011). "Diffusion und Teilhabe bei Behinderung: "Empowerment". Workshop: "Capacity Building. Interkulturelle Zusammenarbeit am Beispiel Higher Education and Corporate Social Responsibil- der Umsetzung der UN-Behindertenrechtskon ity", Pwani University College (PUC), Kilifi, Kenya vention im Globalen Süden". Workshop: "Inklu- (15 and 18 – 25 June 2011). sion bei Behinderung als Wissenschaftsthema", Reichenau, Switzerland (13 – 15 January 2011). "Die Theorie der Lebenswelt des Alltags und lebensweltorientierte Soziale Arbeit". Work- "Diffusion und Teilhabe bei Behinderung: shop: "Inklusion bei Behinderung – Forschung mit Interkulturelle Zusammenarbeit am Beispiel Methode", Max Planck Institute for Social Law and der Umsetzung der UN-Behindertenrechtskon Social Policy, Munich (6 – 7 October 2011). vention im Globalen Süden". Meeting of the Board of Experts, Max Planck Institute for Foreign and International Social Law, Munich (8 April 2011).

178 VI. PAPERS AND LECTURES

"Diffusion und Teilhabe bei Behinderung: "Keine Professionalität ohne selbstbestimmte Interkulturelle Zusammenarbeit am Beispiel Teilhabe". Zweiter Bundesweiter Caritaskongress der UN-Behindertenrechtskonvention im [2nd German Caritas Convention]: "Teilhabe ist Globalen Süden". Workshop: "Inklusion bei Be- möglich", Berlin (15 – 17 April 2010). hinderung – die Leistungssysteme", TU Dortmund University (12 – 13 May 2011). "Mehr Chancen für gesundes Aufwachsen. Der 13. Kinder- und Jugendbericht der Bun- "Intercultural Understanding". Workshop: "Ca- desregierung – welche Perspektiven ergeben pacity Building. Higher Education and Corporate sich aus dem Bericht für Kinder und Jugend- Social Responsibility", Pwani University College liche mit einer Behinderung?". Conference of (PUC), Kilifi, Kenya (15 and 18 – 25 June 2011). Verband der Blinden- und Sehbehindertenpädago- gen und -pädagoginnen e.V. [Association of Pedago- "Politik: Transfer – Konvergenz – Diffusion". gues for the Blind and Partially Sighted (VBS)], Workshop: "Inklusion bei Behinderung – Forschung Königs-Wusterhausen (26 – 28 April 2010). mit Methode", Max Planck Institute for Social Law and Social Policy, Munich (6 – 7 October 2011). "Wie bitte geht's zur Inklusion? Eine trans- disziplinäre Zielbestimmung". Workshop: "Inklu- sion bei Behinderung – Annäherung an das Thema", Christian RAHAUSEN Max Planck Institute for Foreign and International Social Law, Munich (14 – 15 September 2010). "Eingliederungshilfe, Leicht- und Schwerbe- hinderung, Pflege. Aus statistischer Perspek- "Quality: Vision Impossible? BEST Quality – tive". Workshop: "Inklusion bei Behinderung – An- Forecasting & Farewell". Concluding symposium näherung an das Thema", Max Planck Institute for entitled "Quality: Vision Impossible?" as part of the Foreign and International Social Law, Munich European BEST Quality Project: Benchmarking (14 – 15 September 2010). – European – Standards in Social Services – Transnationally, TU Dortmund University "Ein nicht-parametrischer Effizienzvergleich (22 September 2010). von Berufsbildungswerken – Anpassungsmög- lichkeiten an den demografischen Wandel". "Hilfe neu gestalten! Inklusionsorientierte Meeting of the Board of Experts, Max Planck Unterstützung – Bildung als Chance zur Teil- Institute for Foreign and International Social Law, habe". Keynote speech at the opening of "Bildungs- Munich (8 April 2011). atelier WissensWert", Sozialwerk St. Georg, Schmallenberg (15 October 2010). "Ein nicht-parametrischer Effizienzvergleich von Berufsbildungswerken – Anpassungsmög- "Teilhabe entsteht durch Teilhabe". Ceremony: lichkeiten an den demografischen Wandel". "20 Jahre Stiftung", Rehabilitationszentrum Berlin- Workshop: "Inklusion bei Behinderung – die Leis- Ost, Berlin (1 November 2010). tungssysteme", TU Dortmund University (12 – 13 May 2011). "Inklusion: Blick in die Zukunft – Inklusion in der Pädagogik von Anfang an?". Expert conference of the Hessian Ministry for Social Affairs and Elisabeth WACKER the Hessian Landkreistag [Association of District Councils]: "Inklusion – und was jetzt? Eine "Der 13. Kinder- und Jugendbericht – Befun- Standortbestimmung für die kommunale Sozial- de, Daten, Fakten. Sicht der Behindertenhil- und Jugendhilfe in Hessen", Gelnhausen fe". Conference on the Federal Government's 13th (15 November 2010). Report on Children and Youth, DER PARITÄTI- SCHE Gesamtverband: Berlin (28 January 2010). "Wissenschaftsthema Behinderung". Workshop: "Inklusion bei Behinderung als Wissenschafts- "Handlungskonzept Inklusion – aktuelle Er- thema", Reichenau, Switzerland fordernisse und Perspektiven". National Action (13 – 15 January 2011). Plan: "Für ein kindergerechtes Deutschland", 3rd topical conference: "Vielfalt leben – Inklusion "Behinderung verhindert keine Entwicklung von Kindern und Jugendlichen mit (und ohne) oder was wir von Pinguinen lernen können". Behinderung", Mainz (4 February 2010). Vorstandskreis Christopherus-Haus e. V. für See- lenpflegebedürftige Dortmund · Bochum · Witten, "Inklusive Pädagogik von Anfang an". Expert Dortmund (17 January 2011). meeting of the Hessian Ministry for Labour, Family and Health and the Hessian Ministry of Culture: "Kompetentes Altern inklusiv – Lebensqualität "Von der Konvention zum Konsens – was ist getan, bei Behinderung – in Bewegung". Conference: was bleibt zu tun? Zum Übereinkommen der Verein- "Sturzprävention. Arbeitshilfen zur Sturzprävention ten Nationen über die Rechte von Menschen mit in der Eingliederungshilfe", von Bodelschwingsche Behinderungen", Butzbach/Nieder-Weisel Stiftungen Bethel, Bielefeld (10 February 2011). (17 March 2010). Welcome address und introduction. Expert "Konzept Familienunterstützende Hilfen conference concluding the project: "An die Arbeit (FUH) – Alternativen zum Betreuten Wohnen mit Persönlichem Budget", Josefsheim Bigge, behinderter Menschen". Expert conference: Olsberg (30 March 2011). "Familienunterstützende Hilfen" of Landschaftsver- band Westfalen-Lippe, Münster (23 March 2010).

179 Report 2010 – 2011

"Startbahn oder Abstellgleis? Rolle und Auftrag der Frühförderung zur Gesundheit für alle im Licht des 13. Kinder- und Jugendberichts". 16th Symposium Frühförderung 2011: "Spannungsfeld Frühförderung. Exklusiv – kooperativ – inklusiv", Humboldt University Berlin (1 April 2011).

"Begrüßung und Vorstellung des Forschungspro- jekts". Meeting of the Board of Experts, Max Planck Institute for Foreign and International Social Law, Munich (8 April 2011).

"Vorsitz: Soziale Sicherung und ihre Systema tik". Workshop: "Inklusion bei Behinderung – die Leistungssysteme", TU Dortmund University (12 – 13 May 2011).

"Persönliches Budget – Stolpersteine und Visionen". Expert meeting: "UN-Konvention und rechtliche Grundlagen in der Praxis", Evangelische Akademie Bad Boll (19 May 2011).

"Auf dem Weg zu mehr Selbstbestimmung: Das persönliche Budget". Conference: "Behinde- rungen und Verhinderungen", Evangelische Akade- mie Tutzing (20 – 22 May 2011).

"Results and Joint Understandings". Workshop: "Capacity Building. Higher Education and Corpo- rate Social Responsibility", Pwani University College (PUC), Kilifi, Kenya. (15 and 18 – 25 June 2011).

"Results and Outlook – Impact of Social Change". Conference: "Impact of Social Change. UN Convention on the Rights of Persons with Disabilities (CRPD) as a Trigger", in cooperation with Pwani University College (PUC), Kilifi, Kenya (16 – 17 June 2011).

Welcome address and "Ausblick – Teilhabe und die Lebenswelt". Workshop: "Inklusion bei Behinderung – Forschung mit Methode", Max Planck Institute for Social Law and Social Policy, Munich (6 – 7 October 2011).

"Mehr Chancen für gesundes Aufwachsen für alle. Wie Inklusion jedem Kind gerecht werden kann – oder: Inklusion – kein Kinder spiel!". Annual Meeting of Deutsche Liga für das Kind [German League for the Child]: "Jedes Kind ist anders – alle Kinder sind gleich! Inklusion ja – aber wie?", Hamburg (21 – 22 October 2011).

180 VI. PAPERS AND LECTURES

2. Lectures and Courses Professeur Invité 2010: Lecture: "Droit social de l'Union Européenne 2.1. Foreign and international Social Law – Sozialrecht der EU", Faculté de Droit, Université de Poitiers, France. Ulrich BECKER 2010: Lecture in comparative law analysis: "Intro- Ludwig Maximilian University (LMU) Munich duction au droit allemand – Einführung in das deutsche Recht", Université de Rennes 1, France. WS 2009/2010: Lecture (elective subject area 5): "Grundlagen des Sozialversicherungsrechts" (2 hrs.). 2010: Seminaire à l'Ècole doctorale: "Rechtsverglei- chung: Beziehung EU-Recht und nationales Recht WS 2009/2010: Social law seminar (with Thorsten auf der Grundlage des 'Lissabon-Urteils'", Univer- Kingreen, University of Regensburg) (2 hrs.). sité de Rennes 1, France.

SS 2010: Public law seminar: "Aktuelle Fragestel- 23 March 2010: Lecture: "Le droit comparé, la lungen im Sportrecht" (2 hrs.). comparaison de droit social et problèmes linguis- tiques", Université de Poitiers, France. WS 2010/2011: Lecture (elective subject area 5): "Grundlagen des Sozialversicherungsrechts" (2 hrs.). 24 March 2010: Public lecture: "La Cour constitu- tionnelle allemande et l'arrêt du 30 juin 2009 sur le WS 2010/2011: Social law seminar (with Thorsten traité de Lisbonne. Des conséquences possibles Kingreen, University of Regensburg) (2 hrs.). pour le droit social?", Université de Poitiers, France.

SS 2011: Examinatorium (elective subject area 5) 18 March 2011: Public lecture: "Le jurilinguisme (with Martin Franzen) (1 hr.). appliqué à la traduction et à la connaissance du droit", Université de Poitiers, France. WS 2011/2012: Lecture: (elective subject area 5): "Grundlagen des Sozialversicherungsrechts" (2 hrs.). 2011: Course Master 1: "Introduction au droit allemand – Einführung in das deutsche Recht" WS 2011/2012: Social law seminar (elective (Droit comparé – Rechtsvergleichung), Université subject area 5) and fundamentals seminar (with de Rennes 1, France. Thorsten Kingreen, University of Regensburg) (2 hrs.). 2011: Course Master 1: "Droit social allemand – deutsches Sozialrecht" (Droit comparé – Rechts- vergleichung), Université de Rennes 1, France. Katholieke Universiteit Leuven, Belgium

2010/2011: Course: "EC Social Security (except Luise LAUERER coordination)" in the framework of the programme: "European Master in Social Security". WS 2010/2011: Lecture: "Einführung in das öffentliche Recht", Fachbereich Soziale Arbeit, University of Applied Sciences Landshut (2 hrs.). Guest Lectures

9 April 2010: "The Right to Health in Germany: Lorena OSSIO BUSTILLOS On Social Rights under the German Constitution", Pontifícia Universidade Católica do Rio Grande do SS 2010: Colloquium: "Recht auf Gesundheit und Sul, Brazil. sozialer Schutz in Lateinamerika – Derecho a la salud y protección social en América Latina", Ger- 2 July 2011: "EU-Sozialpolitik", Master Course in man University of Administrative Sciences Speyer European Law at the University of Passau, Schloss (multi-day seminar). Hofen, Lochau, Austria. WS 2010/2011: Colloquium: "Rechtskultur in 29 October 2011: "Health Insurance and its Re- Lateinamerika – Cultura jurídica en América Lati- form in Germany", Renmin University of China, na", German University of Administrative Sciences Beijing, P. R. China. Speyer (2 hrs.).

SS 2011: Colloquium: "Rechtskultur in Lateiname- Otto KAUFMANN rika, Grundkenntnisse – Cultura jurídica en América Latina, conocimientos básicos", German University Lectures and Seminars Delivered at Universities of Administrative Sciences Speyer (2 hrs.).

2010: Lecture: "Droit du travail français – franzö- 13 – 17 September 2010: Lecturer at the doctoral sisches Arbeitsrecht", Institut d'études judiciaires colloquium: "Estado de Direito: Direito Administra- (IEJ), CRFPA (training course for lawyers), Univer- tivo e Justiça Administrativa na América Latina" and sité de Poitiers, France. teaching manuscript: "A Tutela Judicial dos Direitos Sociais na Alemanha", Universidad Federal Flumin- 2011: Lecture: "Droit du travail – Arbeitsrecht", ense (UFF), Niterói RJ, Brazil. Institut d'études judiciaires (IEJ), CRFPA (training course for lawyers), Université de Poitiers, France.

181 Report 2010 – 2011

2.2. Munich Center for the Economics of WS 2011/2012: Seminar: "Recht der Arbeitsförde- Aging (MEA) rung, Grundsicherung für Arbeitsuchende und Sozialhilfe" (2 hrs.). Tabea BUCHER-KOENEN

WS 2011/2012: Research Workshop: “Empirical Guest Lecture Economics“ (with Prof. Dr. Joachim Winter and Prof. Dr. Alexander Danzer), Ludwig Maximilian SS 2011: "Das Recht der Rehabilitation und Teil- University Munich (2 hrs.). habe von Menschen mit Behinderungen", Mann heim University of Applied Labour Studies of the Federal Employment Agency. 2.3. Max Planck Fellow Group Isabella BERTMANN Dominik BALDIN TU Dortmund University TU Dortmund University SS 2011: Seminar: "Soziale Inklusion und Disability WS 2010/2011: Seminar: "Partizipation – Manag- Mainstreaming" (with Laura Dobusch) (2 hrs.). ing Diversity" (2 hrs.). WS 2011/2012: Seminar: "Amartya Sen's Capabil- WS 2010/2011: Seminar: "Profession und Profes- ity Approach & Disability" (2 hrs.). sionalisierung" (2 hrs.).

WS 2010/2011: Seminar: "Alter und Behinderung Melanie BIEWALD – eine neue Herausforderung für die Behinderten- hilfe?" (2 hrs.). TU Dortmund University

SS 2011: Seminar: "Vertiefung: Klassiker der SS 2010: Seminar: "Neue Steuerungsinstrumente Soziologie" (2 hrs.). in der Behindertenhilfe" (2 hrs.).

SS 2011: Seminar: "Lebenslagen, Lebensstile, SS 2010: Seminar: "Strukturen des Rehabilitations- Lebenswelten: Wo bitte geht's zur Lebenswelt?" systems im Wandel" (2 hrs.). (2 hrs.). WS 2010/2011: Seminar: "Profession und profes- SS 2011: Seminar: "Lebenslagen, Lebensstile, sionelles Handeln" (2 hrs.). Lebenswelten: Biografie und Autobiografie von Menschen mit Behinderungen" (2 hrs.). WS 2010/2011: Seminar: "Organisation und Management im Gesundheitswesen" (2 hrs.). WS 2011/2012: Seminar: "Migration und Behin- derung" (2 hrs.). SS 2011: Seminar: "Ideengeschichte und Drittes Reich" (2 hrs.). WS 2011/2012: Seminar: "Alter und Behinderung" (2 hrs.). SS 2011: Seminar: "Profession und professionelles Handeln" (2 hrs.). WS 2011/2012: Seminar: "Gerechtigkeit und Gleichheit, Ungerechtigkeit und Ungleichheit" WS 2011/2012: Seminar: "Management und Or- (2 hrs.). ganisation im Gesundheitswesen" (2 hrs.).

WS 2011/2012: Seminar: "Profession und profes- Minou BANAFSCHE sionelles Handeln" (2 hrs.).

TU Dortmund University Luisa DEMANT WS 2010/2011: Lecture: "Einführung in das SGB IX" (2 hrs.). TU Dortmund University

WS 2010/2011: Lecture: "Das System des SGB IX" SS 2011: Seminar: "Grenzenlos? Strukturen und within the framework of the lecture series: "Hilfe Umgang mit Verschiedenheit in Politik und Gesell systeme in der Rehabilitation". schaft auf nationaler und internationaler Ebene" (with Corina Hoffmann) (2 hrs.). SS 2011: Lecture: "Einführung in das SGB IX" (2 hrs.). WS 2011/2012: Seminar: "Beratung in sozialen Beru fen – zwischen Profession und Alltagsaufgabe" (2 hrs.). WS 2011/2012: Lecture: "Einführung in das SGB IX" (2 hrs.). University of Education Heidelberg

University of Kassel WS 2011/2012: Seminar: "Die Bedeutung von Beratung innerhalb der Inklusionsdebatte – Profes- WS 2011/2012: Seminar: "Recht der Kinder- sionalisierung der Beratungskompetenz in (sonder-) und Jugendhilfe" (2 hrs.). pädagogischen Berufen" (2 hrs.).

182 VI. PAPERS AND LECTURES

Laura DOBUSCH 4 March 2011: "Disability Policy, Welfare Work and Disability Mainstreaming as a Goal in Germany" TU Dortmund University and "Doing Inclusion in Germany. Chances and Threats". Workshop: "Disability Policy and Welfare SS 2011: Seminar: "Soziale Inklusion und Disability in Germany", Taipei Municipal University of Educa- Mainstreaming" (with Isabella Bertmann) (2 hrs.). tion (TMUE), Taipei, Taiwan, R.O.C.

WS 2011/2012: Seminar: "Soziale Inklusion und 5 March 2011: "Aging with Disability – Challenges Disability Mainstreaming" (2 hrs.). for the German Homes and Professional Care- givers". Workshop: "Disability Policy and Welfare in Germany", Taipei Municipal University of Educa- Corina HOFFMANN tion (TMUE), Taipei, Taiwan, R.O.C.

TU Dortmund University

SS 2011: Seminar: "Grenzenlos? Strukturen und Umgang mit Verschiedenheit in Politik und Gesell- schaft auf nationaler und internationaler Ebene" (with Luisa Demant) (2 hrs.).

WS 2011/2012: Seminar: "Grenzenlos? Politische Strukturen und Umgang mit Verschiedenheit auf nationaler und internationaler Ebene" (2 hrs.).

Elisabeth WACKER

TU Dortmund University

SS 2010: "Hilfen für Menschen im Alter. Eine Einführung" within the framework of the lecture series: "Hilfesysteme in der Rehabilitation" (2 units).

SS 2010: Doctoral colloquium: "Rehabilitations- soziologie" (2 hrs.).

WS 2010/2011: Lecture in rehabilitation sociology, module on ethics and society entitled "Behinderten- politik, Behindertenarbeit" (2 hrs.).

WS 2010/2011: Doctoral colloquium: "Rehabilita- tionssoziologie" (2 hrs.).

SS 2011: Doctoral colloquium: "Rehabilitationssozi- ologie" (2 hrs.).

WS 2011/2012: Doctoral colloquium: "Rehabilita- tionssoziologie" (2 hrs.).

Guest Lectures

26 February 2011: "Doing Inclusion in Germany. Chances and Threats" and "Disability Policy, Wel- fare and Equal Opportunities Targeted in Germany". Workshop: "Disabled Policy and Welfare in Ger- many", National Pingtung University of Education (NPUE), Pingtung, Taiwan, R.O.C.

27 February 2011: "Aging with Disability – Chal- lenges for the German Homes and Professional Caregivers" and "Growing up in Health for All Kind of People. Germany on the Track to Disability Main- streaming – A Challenge". Workshop: "Disabled Policy and Welfare in Germany", National Pingtung University of Education (NPUE), Pingtung, Taiwan, R.O.C.

183 Report 2010 – 2011

184 VII. Grantees and Guests Report 2010 – 2011

1. Grantees Defining Social Security as a Human Right, and if so, to what Extent is this System 1 March 2010 – 31 May 2010: Prof. Supported by Concrete Legal Standards?". Dr. Shixi HUANG, Shandong University, Jinan, P. R. China: "Doping Controls and 1 November – 31 December 2011: Dr. the Protection of Accused Athletes". Gabriella BERKI, University of Szeged, Szeged, Hungary: "Legal Observation of 1 April 2010 – 30 June 2010: Dr. Reinhild European Patient Mobility with special KREIS, Ludwig Maximilian University regard to the Comparison of the Social Munich: "Sozialstaatsbeobachtung. Die Security Coordination Rules and the Case Bundesrepublik Deutschland, Großbritan Law of the European Court of Justice". nien und die USA seit den 1960er Jahren".

5 May 2010 – 4 June 2010: Dr. Grant DUNCAN, Massey University, Auckland, 2. Guests New Zealand: "Achievements in Social Security of the Labour-led Governments 1 September 2009 – 31 March 2010: of 1999 – 2008 under PM Helen Clark". Justine LASSANSAA, Montesquieu Uni- versity – Bordeaux IV, Pessac, France: 1 June 2010 – 30 September 2010: Dr. "L'accès à une retraite décente en France Matteo BORZAGA, Università degli Studi et en Allemagne: l'exemple des femmes". di Trento, Italy: "Neue Perspektiven der Implementierung der arbeits- und sozial- 1 September 2009 – 28 February 2010: rechtlichen IAO-Standards in den Mit- Zhaiwen PENG, Renmin University of gliedsstaaten mit besonderer Berücksich China, Beijing, P. R. China: "Decentraliza- tigung der Entwicklungsländer". tion and the Delivery of Healthcare Services – The German Experience and its Implica- 8 July 2010 – 31 August 2010: Dr. Nuria tion for China". PUMAR Beltrán, University of Bar celona, Spain: "Der Schutz der Alleiner 4 January 2010 – 1 April 2010: Maarten ziehenden in der spanischen Sozialver JANSSENS, Katholieke Universiteit Leu- sicherung aus europäischer Perspektive". ven, Belgium: "The Legal Position of Private Care Organisations, in particular in Residen- 15 September 2010 – 25 September 2010: tial Care for the Elderly". Maarten JANSSENS, Katholieke Univer- siteit Leuven, Belgium: "The Scope for Poli- 22 February 2010 – 22 March 2010: Yue cymaking of Private Care Organisations". FU, University of Tsukuba, Japan: "The Legal Status and Rights of Irregular For- 1 April 2011 – 31 May 2011: Prof. eigners in the EU from the Perspective of Dr. Herbert SZURGACZ, University International Human Rights Law and Com- of Wroclaw, Poland: "Studien im Bereich parative Law". des europäischen Sozialrechts zur Vorbe reitung einer Monographie sowie Studien 29 March 2010 – 16 April 2010: Miriam über Leistungen der sozialen Förderung HARTLAPP, Social Science Research und Entschädigung". Center Berlin (WZB): "EU Politikgestaltung an der Schnittstelle von Sozial-, Binnen- 16 June 2011 – 11 August 2011: Prof. markt- und Wettbewerbsregulierung". Dr. Peter HERRMANN, University College Cork, Ireland: "Human Rights – 1 April 2010 – 31 July 2010: Renu Between Law and Economy". SINGH, University of Massachusetts, Amherst, USA: "Preventive Health Care 11 July 2011 – 07 August 2011: Dr. Oliver Policy in Eastern and Western Germany Arpad HOMICSKO, Károli Gáspár Uni- through the Lens of Childhood Obesity". versity of the Reformed Church in Hungary, Budapest, Hungary: "Does the New Hun- garian Constitution Provide a Basis for

186 VII. GRANTEES AND GUESTS

Dr. Justine Lassansaa (Université Montesquieu – Bordeaux IV, France), Maarten Janssens (Katho- lieke Universiteit Leuven, Belgium), Yue Fu (University of Tsukuba, Japan) and Prof. Dr. Shixi Huang, Shandong University, P. R. China (left to right).

7 June 2010 – 11 June 2010: Mari-Liis Ljubljana, Slovenia: "Gestaltung der Rechts- AASAMETS, Estonian Ministry of Justice: verhältnisse im Fall der Pflegebedürftigkeit". "Entwurf bzw. Ausarbeitung eines estnischen Sozialgesetzbuchs". 17 January 2011 – 21 January 2011: Prof. Dr. Ming-Cheng KUO, National 11 July 2010 – 6 August 2010: Prof. Chenchi University, Taipei, Taiwan, R.O.C.: Dr. Nai Yi SUN, Department of Law, "Aufbau und Ausbau des taiwanesischen National Chengchi University, Taipei, Sozialstaates". Taiwan, R.O.C.: "Theorising the Social Right from Approaches of Social Policy 24 January 2011 – 31 May 2011: Jing and Doctrinal Issues in Public Law". ZUO, University of Cologne: "Ein Vergleich der sozialen Sicherung in ländlichen Gebie- 1 August 2010 – 31 August 2010: Prof. ten zwischen China und Deutschland". Dr. Makoto ARAI, University of Tsukuba, Japan: "Entwicklungen des Betreuungs- 28 February 2011 – 31 May 2011: rechts in Deutschland und Japan". Vladimir HORNÁCˇ EK, University of Trnava, Slovakia: "Altersvorsorge und Ren- 1 August 2010 – 31 August 2010: Nóra tensystem in den Europäischen Staaten". JAKAB, University of Miskolc, Hungary: "Handlungsfähigkeit und ihre arbeitsrecht- 15 May 2011 – 30 June 2011: Laetitia lichen Aspekte". RAZÉ, Université de Rennes 1, France: "Legal Effects of Longevity on Professional 2 August 2010 – 22 August 2010: Zhiqun Activity". LI, Université Paris 1, Panthéon-Sorbonne, France: "Financing Public Hospitals in 30 May 2011 – 30 November 2011: France and China". Mariana FILCHTINER-FIGUEIREDO, Pontifícia Universidade Católica do Rio 2 August 2010 – 15 August 2010: Prof. Grande do Sul, Brazil: "The Right to Health". Dr. Francis KESSLER, Université Paris 1, Panthéon-Sorbonne, France: "Erstellung 28 June 2011 – 28 August 2011: einer Bibliographie und eines Beitrag zur VO Melanie HACK, University of Oslo, 883/2004 im Juris classeur communautaire". Norway: "Taking Age Equality Seriously. Protection against Age Discrimination in 1 October 2010 – 31 December 2010: Employment – A Comparative Legal Analy- Prof. Dr. Grega STRBAN, University of sis between Norway and Germany".

187 Report 2010 – 2011

30 June 2011 – 17 July 2011: Prof. Terry 1 August 2011 – 31 October 2011: Prof. CARNEY, Ph.D., University of Sydney, Dr. Grega STRBAN, University of Ljublja- Australia: "Researching Trends to Impose na, Slovenia: "Gestaltung der Rechtsverhält- Additional Requirements to Qualify for nisse im Fall der Pflegebedürftigkeit". Income Security Payments while Expanding Choice by Reducing Conditions on Access 10 October 2011 – 15 November 2011: to Welfare Services". Dr. Matthias KRADOLFER, University of Zurich, Switzerland: "Schranken des sozial- Since 1 July 2011: Dr. Stefan LISTL, versicherungsrechtlichen Leistungsabbaus in University of Heidelberg: "Gesund- den schweizerischen Sozialversicherungen". heitsökonomie und Zahnmedizin". 23 October 2011 – 13 March 2012: 2 July 2011 – 15 July 2011: Prof. Dr. Prof. em. Dr. Deok Hwan KIM, Hanil Letlhokwa George MPEDI, University University & Presbyterian Theological of Johannesburg, South Africa: "Research Seminary, Jeonbuk, Republic of Korea: on Unemployment Insurance and Related "Leistungserbringung und Gesetzgebung Issues as well as Survivors Benefits". – aufgezeigt am Beispiel der Einführung des Pflegefachkräftesystems im deutschen und 11 July 2011 – 15 July 2011: Dr. Christos koreanischen Pflegeversicherungsrecht". MORFAKIDIS, Demokritus University of Thrace, Komotini, Greece: "Assimilated 01 November 2011 – 30 June 2012: Periods of Insurance in a Comparative Ap- Liudmila ANTONOVA, Università Ca' proach: The Case of Greece and Germany". Foscari, Venice, Italy: "Gesundheitsschocks und gemeinsame Ruhestandsentscheidun- 1 August 2011 – 31 August 2011: Yue FU, gen von Paaren". University of Tsukuba, Japan: "The Legal Status and Rights of Irregular Foreigners in the EU from the Perspective of International Human Rights Law and Comparative Law".

1 August 2011 – 30 September 2011: Prof. Dr. Makoto ARAI, University of Tsukuba, Japan: "Entwicklungen des Be- treuungsrechts in Deutschland und Japan".

188 VIII. The Institute Report 2010 – 2011

1. Personalia

Scientific Members Academic Assistants

Prof. Dr. Ulrich BECKER, LL.M. (EHI) Dr. Edda BLENK-KNOCKE (until 5/2011) Managing Director Karen von BERG Olga CHESALINA Prof. Axel BÖRSCH-SUPAN, Ph.D. Dr. Simone von HARDENBERG (from Director 9/2010) Si LIU (from 3/2010) Prof. Dr. Bernd BARON VON MAYDELL Katharina MAYER (from 4/2011) Emeritus Magdalena NEUEDER (from 9/2010) Isabel RUPPRECHT (from 6/2010) Prof. Dr. Dr. h.c. mult. Hans F. ZACHER Markus SCHÖN (from 4/2010) Emeritus Daniela SCHWEIGLER (from 10/2011) Stefan STEGNER (4/2011 to 11/2011) Eva ULBRICH (from 2/2011) 1.1. Foreign and International Social Law Sandro WENDNAGEL

Research Staff Student Assistants Dr. Barbara DARIMONT Dr. Tineke DIJKHOFF (from 4/2011) Annemarie AUMANN (from 10/2010) Dr. Eva Maria HOHNERLEIN Ellen BUSCHUEW (until 9/2010, from Dr. habil. (HDR) Otto KAUFMANN 10/2011) Dr. Peter A. KÖHLER (until 5/2011) Katharina HUBER Dr. Yasemin KÖRTEK (until 3/2011) Katharina MAYER (until 3/2011) Dr. Lorena Ossio BUSTILLOS Sara MICHALELIS (until 9/2010, from Prof. Dr. Hans-Joachim REINHARD 4/2011) Dr. Bernd SCHULTE (until 5/2011) Katharina RAPOLDER (from 3/2011) Dr. Sebastian WEBER (from 12/2010) Sebastian RASCH (from 10/2011) Nikola WILMAN, LL.M., M.Jur. (Durham, Johannes TRISCHLER (from 4/2011) UK) Markus VORDERMAYER (until 1/2011, from 8/2011)

Doctoral Candidates Secretariats Kyung A CHOI Dafni DILIAGKA (from 3/2011) Britta DRENTWETT (from 3/2010) Britta Drentwett Vera HANSEN (from 7/2010) Andrea FEUCHT (until 6/2011) Team Assistent Elena KALPAKIDOU-HERBE (7/2010 to Herta FRICKE 11/2011) Carmen Anna PAULSEN (3/2011 to Dongmei LIU (2/2010 to 12/2010) 4/2011) Iris MEEßEN Simone RITTER (from 3/2011) Magdalena NEUEDER (until 8/2010) Michael SCHLEGELMILCH Carlos SCHNEIDER (from 7/2010) Clerical Staff Markus SCHÖN (until 3/2010) Daniela SCHWEIGLER (until 9/2011) Heike WUNDERLICH Stefan STEGNER (from 12/2011) Marko URBAN (from 7/2010) Simone Ritter Ilona VILACLARA Secretary to Prof. Becker

190 VIII. THE INSTITUTE

1.2. Munich Center for the Economics of SHARE – Database Management Aging (MEA) Stephanie STUCK, M.A. (Head of unit) Academic Coordinator Dipl.-Soz. Christian HUNKLER Dipl.-Soz. Thorsten KNEIP Dr. Matthias WEISS Dipl.-Soz. Markus KOTTE Dipl.-Vw. Morten SCHUTH Dipl.-Soz. Sabrina ZUBER Old-Age Provision and Social Policy Hanne Henning Dr. Martin GASCHE (Head) SHARE – Operations Secretary to Prof. Börsch-Supan Marlene HAUPT, M.A. Dipl.-Vw. Sebastian KLUTH Dr. Frederic MALTER (Assistant coordina- Dipl.-Math. Johannes RAUSCH tor/operations, head of unit and schedule) Christine DIEMAND, lic. phil. I (German country team operator) Health Economics Dipl.-Soz.wiss. Gregor SAND (Operations)

Dr. Tabea BUCHER-KOENEN (Head) Dipl.-Vw. Helmut FARBMACHER (from SHARE – Enhance 8/2011) Dr. Eberhard KRUK (until 11/2011) Dipl.-Soz. Barbara SCHAAN (Head of unit Fabrizio MAZZONNA, Ph.D. and biomarker project) Christin CZAPLICKI, M.Sc. (Record linkage project) Macroeconomic Implications of an Aging Dipl.-Soz. Julie KORBMACHER (Record Society linkage project) Dipl.-Soz. Ulrich KRIEGER (Non-response Dr. Michela COPPOLA (Head) project) Dipl.-Ök. Bettina LAMLA (from 9/2011) Dr. Matthias WEISS Student Assistants

SHARE – Administration Christin ADRIAN (from 6/2011) Jennifer GALLEN (from 10/2011) Kathrin AXT (Head of unit and financial Raphael GUBER (from 11/2011) affairs) Lennart HICKSTEIN (from 11/2011) Yvonne BERRENS, M.A./MBA (Program Anna KRÜGER (from 11/2011) administrator) Edina LUTZ (from 11/2011) Marie-Louise KEMPERMAN (Head of Lucia MAIER (from 11/2011) European relations) Sabine RIEDL (from 11/2011) Lisa SCHUG (from 12/2011) Eva-Maria TRALLE (from 11/2011) SHARE – Communications Maximilian WEISS (from 11/2011

Dr. Martina BRANDT (Assistant coordinator/research, head of unit) Secretariats Markus BERGER, M.A. (Public relations) (from 10/2011) Hannelore HENNING (from 9/2011) Sabine MASSOTH Eva SCHNEIDER

191 Report 2010 – 2011

1.3. Max Planck Fellow Group

Prof. Dr. rer. soc., Dipl. theol. Elisabeth WACKER (Head)

Academic Staff

Dr. Minou BANAFSCHE

Doctoral Candidates

Dominik BALDIN (from 6/2010) Melanie BIEWALD (from 4/2010) Isabella BERTMANN (from 7/2010) Luisa DEMANT (from 6/2010) Laura DOBUSCH (from 7/2010) Corina HOFFMANN (from 7/2010) Christian RAHAUSEN (7/2010 to 9/2011)

Student Assistant

Hellen MODIBA (from 4/2010) Josef Kastner with Administration and IT staff.

1.4. Library 1.5. Central Services Henning FRANKENBERGER (Head) Administration Stefan GÖTZ Alexandra MÜLLER Josef KASTNER (Head) Irina NEUMANN Andrea SCALISI Brigitte ALBRECHT Bernd ZUMDICK (from 1/2011) Adriana EXNER Annemarie HUBER Student Assistants Karl-Heinz KATZBACH (until 4/2011) Sylvia KLEMM Katharina BLEPP Heidrun KOHNLE-KOITZSCH Anne Lilli BREITKREUTZ Eva KRAATZ (until 3/2010) Elke BURKHARDT (11/2010 to 4/2011) Thomas LENDLE (from 6/2011) Lukasz KOKOT Christine MOSER Natalie LIPP (from 11/2010) Claudia PETHKE Florian RUHS (from 10/2010) Werner PFAFFENZELLER Eva ULBRICH (until 1/2011) Silvia RECHLIN (from 8/2011) Michael REINERT (until 7/2010) Andreas SCHMIDT Andrea THEN

192 VIII. THE INSTITUTE

Information Technology (IT)

Philipp RAUTENBERG (Head) (from 1/2010)

Philipp FLESCH (from 1/2011) Johannes FRICKE (9/2010 to 10/2010) Oliver JANITZA Ronny LAUENSTEIN (from 11/2010) Axel RÖMMELMAYER Dr. Monika Nißlein Munir SALMAN Public Relations and Reporting

Public Relations and Reporting

Dr. Monika NIßLEIN

Translation Services

Eva LUTZ, M.A. Christina McALLISTER, M.A. Eva Lutz, M.A. Translation Services

1.6. Representatives and Special Tasks

Academic Staff Representative in the Humanities and Social Sciences Section (GSHS) of the Max Planck Society Dr. Lorena OSSIO BUSTILLOS

Ombudsperson Prof. Dr. Hans-Joachim REINHARD Christina McAllister, M.A. Data Protection Officer Translation Services Dr. habil (HDR) Otto KAUFMANN

Equal Opportunity Commissioner Dr. Barbara DARIMONT (until 11/2011) Dr. Tineke DIJKHOFF (from 12/2011)

Occupational Safety Karl-Heinz KATZBACH (until 4/2011) Thomas LENDLE (from 6/2011)

193 Report 2010 – 2011

2. Scientific Advisory Prof. Dr. Franz MARHOLD Board and Board Karl Franzens University Graz, Austria of Trustees Prof. Dr. Udo STEINER University of Regensburg

Scientific Advisory Board Prof. Dr. Gijsbert VONK University of Groningen, the Netherlands Until 31 December 2010: Prof. Dr. Martin WERDING Prof. Dr. Franz RULAND Ruhr University Bochum Chair of the German Social Advisory Council (Sozialbeirat der Bundesregierung) Board of Trustees Prof. Dr. Jos BERGHMAN, Katholieke Universiteit, Leuven Prof. Dr. Dres. h.c. Hans-Jürgen PAPIER President of the German Federal Constitu- Prof. Dr. Dagmar COESTER-WALTJEN tional Court, Karlsruhe (Chairman) University of Göttingen Peter MASUCH Prof. Dr. Ottó CZÚCZ President of the German Federal Social Court of First Instance of the European Court, Kassel Communities, Luxembourg Dr. Klaus Theo SCHRÖDER Prof. Dr. Moris LEHNER State Secretary, German Federal Ministry Ludwig Maximilian University (LMU) of Health, Berlin Munich Kari TAPIOLA Prof. Dr. Udo STEINER Special Adviser to the Director-General, University of Regensburg International Labour Organization, Geneva

Prof. Dr. Petr TRÖSTER Dr. Werner TEGTMEIER Charles University, Prague State Secretary (retired), German Federal Ministry of Labour and Social Affairs, St. Augustin From 1 January 2011: Dr. Manfred WIENAND Prof. Dr. Agar BRUGIAVINI Councillor, German Association of Cities, Università Ca' Foscari di Venezia, Italy Cologne

Prof. Dr. Ottó CZÚCZ Court of First Instance of the European Communities, Luxembourg

Prof. Dr. Peter DIAMOND Massachusetts Institute of Technology, USA

Prof. Dr. James HECKMAN University of Chicago, USA

Prof. Dr. Stefan HUSTER Ruhr University Bochum

Prof. Dr. Gebhard KIRCHGÄSSNER University of St. Gallen, Switzerland

194 VIII. THE INSTITUTE

3. Institute Library The purposeful and structured expansion of library holdings contributes to the rapid Henning Frankenberger growth of the library. Currently the library comprises more than 110,000 volumes, con- The library of the Max Planck Institute for sisting of some 9,000 bound journals and Social Law and Social Policy offers a unique continuing sets. Serial issues embrace 237 collection of specialised literature on Ger- periodicals, 123 German and 114 foreign; man and foreign social law and German and 140 loose-leaf collections, 125 German and European social policy. In addition to Euro- 15 foreign; and 11 newspapers, 6 German Henning Frankenberger pean Community law, national constitutional and 5 foreign. and administrative law, family and inherit- ance law, economic and public procurement Publication Management law as well as consumer protection law, the library also covers some very specific collec- Publications by the Institute are collected by tive fields concerning individual research the library staff, who record, scan and ar- projects of the Institute's researchers. chive them and make them accessible on the central electronic eDoc-Server of the Max Holdings Planck Society. In 2011 initial steps were taken to prepare for the participation in Pub- The Institute's holdings comprise mono- Man, which is the Max Planck Society's graphs, commemorative publications, confer- leading system for collecting and administer- ence proceedings and other collective works, ing publications. This project will enter a de- printed and electronic statutory material, pe- cisive phase in 2012. riodicals as well as loose-leaf editions from over 100 countries. Also, access is provided to Library System and Catalogue diverse specialist databases (JURIS, Beck- Online, Westlaw, LexisNexis, OECDiLibrary, The long-planned adaptation to ExLibris Ver- etc.) and other electronic research options sion 20 of the integrated Aleph 500 library (like VLib, EZB [Electronic Journals Library] system will start in spring 2012. Due to a or the eBooks Catalog of the Max Planck So- changeover by the manufacturer to another ciety). The library ensures the quick procure- product from the range of library systems, the ment of external literature and documents, present programme used by 38 Max Planck thus offering highly efficient research and libraries will not be developed further. As the working instruments for the scholars and successor will not be licensed by the Max guests of the Institute, as well as other aca- Planck Society, a project phase was started in demically interested users. autumn 2011 in order to look for alternatives.

The library team: Florian Ruhs, Henning Frankenberger, Stefan Götz, Irina Neumann, Bernd Zumdick (back) and Andrea Scalisi, Anne Lilli Breitkreutz and Alexandra Müller (front).

195 Report 2010 – 2011

The library plays a pioneering role among the be able to tell from the catalogue entry wheth- legal institutes of the Max Planck Society in er the volume is located in the library or in a that it takes on a pilot function in the so- colleague's office. According to the library called VuFind-Project implemented together regulations, the entire Institute building is de- with the Max Planck Digital Library and the fined as a reference library in the broader GBV Head Office in Göttingen. First find- sense. Urgently required literature may, for ings will be presented in 2012. example, be taken from a colleague's office and booked onto the current user's personal Acquisitions account via barcode label scan. As it is possible to ascertain the precise location of every In the past two years, the library's stock of book at any given time, unnecessary trips to volumes increased by nearly 10,000. Fur- the library and the stacks can be avoided. This thermore, due to the enlargement of the In- so-called self-service registration constitutes a stitute, about 20% more acquisitions than further element of the library's comprehensive the usual annual amount will have to be electronic registration concept. Every Insti- added to the holdings as additional mono- tute staff member is provided with a user card graphs. The library's field of work as well as enabling him/her to borrow media via self- its scope of tasks have expanded consider service registration. These ID cards now also ably since the establishment of the second assure access control to the stacks. department. Apart from additional material needed in the fields of statistics, mathemat- Literature that is no longer needed must be ics, economics, sociology and political sci- returned to the reading room and placed in ence, further databases, licences and elec- the RFID shelf. The RFID shelf is a unique tronic journals have to be acquired. innovation that has been designed specifically for the particular requirements of the Insti- Library Usage tute library. Via integrated RFID antennae the shelf identifies the books placed in it and re- The library is a reference library and is com- assigns them to the library system as available mitted to the academic work of the Institute. items. The electronic catalogue immediately The library has the largest holdings of social shows that the required item is now located law literature worldwide. During a general on the library premises in the narrower sense. refurbishment, the basement stacks of the Literature not available in the Institute li- library were reorganised and provided with brary can be borrowed from the Bavarian new technical equipment that is easy to use. State Library, from other Munich libraries or Key-free access to the stacks is now possible via inter–library loans, or can be quickly ac- for all members of the Institute. The stacks quired for the Institute library. Urgently are furnished with a research terminal, a pho- needed literature that is not otherwise avail- tocopier with scan and e-mail functions, and able can be supplied by document delivery a self-service terminal for borrowing litera- services. ture. In addition to the entire stock, all ordered media as well as works currently in processing can be searched via WebOPAC.

With the introduction of the radio-frequency identification (RFID) system to the library the usability of the library holdings has considerably improved. Researchers can borrow any media they need by using the self-service termi- nals. Borrowing is recorded electronically and registered on the users' personal accounts. Staff members will Stacks of the Institute library.

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To meet the attendant needs of interested researchers from outside the Institute, the number of guest workplaces available at the library has been extended to a total of eleven. Recent developments show that this extension has not been sufficient as there is an increasing interest in using the library due to its excellent holdings and good working conditions.

Personnel and Apprenticeships

There have been some staff changes, and the library team has gained some new members. Within the framework of a project Bernd Zumdick has been engaged in the coordination of electronic resources and database projects, as well as in publication management. Particularly noteworthy is that, in the summer of 2011, Alexandra Müller successfully completed her apprenticeship to be a qualified assistant in media and information services (FaMI – Fachangestellte/r für Me- dien- und Informationsdienste). She was the library's first apprentice. The experience gained during this training period has been so rewarding that we hope to continue with this initiative in future.

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4. Information and Com- Institute) for the Economics of Aging (MEA) was integrated in the Institute's IT infra- munication Technology structure and the network infrastructure adapted accordingly. The implementation of Philipp Rautenberg this migration was dovetailed with the projects "firewall and network structure" and Over the past two years the EDP department "groupware". Current IT operations and the has been reorganised into an information and interaction of the individual systems were en- communication technology (ICT) services sured at all times despite this reorganisation. Philipp Rautenberg department. As part of this restructuring, the department has also been assigned responsi- To provide wireless internet access to Insti- bility for the video conferencing equipment tute members and visitors, taking increasing and the telephone system. On the whole, the mobility of researchers into account, indi- scope of tasks now covers the areas of "data vidual FunkLAN hotspots were installed in and security" (Axel Römmelmayer), "clients" the conference rooms by the IT department. (Ronny Lauenstein), "infrastructure" (Philipp In 2012 this hotspot system shall be upgrad- Flesch) as well as "hardware, software, and ed to an integrated wireless LAN system that peripherals" (Munir Salman). will also enable roaming and eduroam, as well as higher performance. In the period under review the Munich Cent- er (previously known as Mannheim Research

5. Honours

Ulrich BECKER at the School of Public Administration, Southwest Jiaotong University, Chengdu, 2010: Nomination as Ordinary member of P. R. China. the Academia Europaea

Nikola FRIEDRICH Axel BÖRSCH-SUPAN 2011: Dissertation award from the Münch- 21 September 2011: First Heinz-Groh ner Juristische Gesellschaft for the disserta- mann Lecture of the German Statistical tion entitled "Mediation in der Sozialge Society (DStG) on the impact of demo- richtsbarkeit" [Mediation in social graphic change entitled "Wie gut können jurisdiction]. wir die Folgen des demographischen Wan- dels abschätzen?", University of Leipzig. Bettina LAMLA

Tabea BUCHER-Koenen 2011: "National-Bank-Preis an der Ruhr- Universität Bochum". Award for the best 2011: Best dissertation award from the diploma thesis, entitled "The Wealth Effect Karin-Islinger-Stiftung, University of Mann in Germany: Evidence from the SAVE heim, for the dissertation entitled "Financial Study". Literacy, Cognitive Abilities, and Long-Term Decision Making – Five Essays on Indi- vidual Behavior". Elisabeth WACKER

2011: Appointment as visiting professor at Barbara DARIMONT the National Pingtung University of Educa- tion (NPUE), Pingtung, Taiwan, R.O.C. 1 June 2010: Appointment as an adjunct professor of social security and social policy

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6. Work of Institute Mem- Memberships of Advisory Boards, Boards of Trustees, Committees, bers in External Bodies Research Organisations

Ulrich BECKER – Advisory Board of the research network on old-age pensions (FNA), Deutsche Editorships Rentenversicherung Bund – Research Advisory Board of the journal – Neue Zeitschrift für Sozialrecht (NZS) "ZFSH/SGB – Sozialrecht in (co-editor since 2000) Deutschland und Europa" – Schriften zum deutschen und europä- – Advisory Board, Bremen International ischen Sozialrecht, Baden-Baden Graduate School of Social Sciences (since 2000) (BIGSSS), University of Bremen – Kommentar zum SGB I (since 2001) – Editorial Advisory Board of the Interna- – Schriftenreihe für internationales und tional Social Security Review vergleichendes Sozialrecht, Berlin – ISSA Advisory Board on Social Security (since 2002) Policy and Research – Studien aus dem Max-Planck-Institut für – Research Advisory Board of the journal Sozialrecht und Sozialpolitik (until 2011: "Social Security Studies" (Shehui Studien aus dem Max-Planck-Institut für baozhang yanjin) ausländisches und internationales Sozial- – Board of Trustees of the Institute for recht), Baden-Baden (since 2002) Labour Law and Industrial Relations in – Zeitschrift für ausländisches und interna- the European Community (IAAEG) tionales Arbeits- und Sozialrecht (ZIAS), – Board of Trustees, Institut für europä- Heidelberg (co-editor since 2002) ische Verfassungswissenschaften, – Zeitschrift für europäisches Sozial- und FernUniversität Hagen Arbeitsrecht, Wiesbaden (ZESAR) (co-editor since 2002) Other memberships

Memberships of Steering Committees, – Disciplinary Committee of the German Executive Boards, Research Associa- Athletics Association (DLV) tions – Selection Committee for the conferral of the dissertation award of Gesellschaft – Steering Committee, Gesellschaft für zur Förderung der sozialrechtlichen Versicherungswissenschaft und -gestal- Forschung e.V. tung e.V. (GVG) – Arbitrator at the German Court of Arbi- – Executive Board of the Social Insurance tration for Sport of Deutsche Institution Division of Deutscher Verein für Versi- für Schiedsgerichtsbarkeit e.V. (DIS) cherungswissenschaft – Executive Board, Gesellschaft für Rechtsvergleichung Axel BÖRSCH-SUPAN – Executive Board (chairman), German Section of the International Society Referee Activities and Editorships of Labour and Social Security Law (ISLSSL) – American Economic Review – Executive Board (vice president), – Econometrica Deutscher Sozialrechtsverband – Economic Journal – Selection Committee of Alexander von – Economics of Education Review Humboldt-Stiftung for the promotion – Empirical Economics of institute partnerships (chairman) – Journal of Econometrics – Journal of Economic Literature – Journal of Human Resources – Journal of Life-Course Research (Editorial Board)

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– Journal of Pension Economics and – Research Associate of the National Finance (Editorial Board) Bureau of Economic Research (NBER), – Journal of Population Economics Cambridge, Massachusetts – Journal of Public Economics – Monitoring Board Attendee of the – Journal of the American Statistical English Longitudinal Study of Ageing Association (ELSA) – Quarterly Journal of Economics – Board of Trustees, Università Bocconi, – Regional Science and Urban Economics Milan (Associate Editor) – Supervisory Board, Centre for European – The Review of Economics and Statistics Economic Research (ZEW), Mannheim – Zeitschrift für die gesamte Staatswissen- schaft Other Memberships

Memberships of Steering Committees, – Berlin-Brandenburg Academy of Executive Boards, Research Associa- Sciences and Humanities (since 1998) tions – Full member of Leopoldina – German National Academy of Sciences (since – Committee "Theoretischer Ausschuss", 2000) Verein für Socialpolitik – Econometric Society (since 1980) – Committee "Finanzwissenschaftlicher – American Economic Association (since Ausschuss", Verein für Socialpolitik 1980) – Committee "Ökonometrischer Aus – European Economic Association (since schuss", Verein für Socialpolitik 1985) – Committee "Bevölkerungsökonomischer – Verein für Socialpolitik (since 1985; Ausschuss", Verein für Socialpolitik expanded Executive Board 1998 – 2001, and since 2008) – European Society for Population Memberships of Advisory Boards, Economics (since 1988) Boards of Trustees, Committees, – German Statistical Society (DStG) Research Organisations (since 1996)

– Member (and former chairman) of the Advisory Council of the German Federal Tabea BUCHER-KOENEN Ministry of Economics and Technology (BMWi) – Netspar Research Fellow (since 2011) – Expert Group on Demography, German – International Research Group on "Finan- Federal Government, German Federal cial Literacy: Evidence and Implications Ministry of the Interior (BMI) for Retirement Planning, Saving Behav- – Expert Group "Rentendialog", German ior, and Financial Education Programs", Federal Minister for Labour and Social Netspar (since 2009) Affairs – Standing Committee "Altern und Fer- tilität" in the framework of the policy Henning FRANKENBERGER advice offered by Leopoldina – Scientific Advisory Council of the Kiel – Standing Committee of the International Institute for the World Economy (ifw) Federation of Library Associations – U.S. Senate Special Committee on the (IFLA), Law Libraries Section Long-Run Macroeconomic Implications – Executive Board (first deputy chairman), of Population Aging for the US, National Arbeitsgemeinschaft der Spezialbiblio- Academy of Sciences, USA theken e.V. (AspB) – MacArthur Foundation "Aging Societies – Executive Board BID – Bibliothek & Network" Information Deutschland – Adjunct Research Associate of the – Advisory Board, Bayerischer Bibliotheks- RAND Corporation, Santa Monica, verband California

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– Deputy chairman of the Vocational Elisabeth WACKER Training Committee of FaMI-Ausbildung in Bayern Editorships – Deputy chairman of the Examination Board of FaMI-Ausbildung in Bayern – "Studies on the life worlds of persons – Working Group "Open Access within the with disabilities", Tübingen (co-editor Max Planck Society" since 1995) – Working Group "Scientific Information – Book series "Health and Society", Provision within the Max Planck Society" Wiesbaden (since 2005) – Book series "Health Promotion – Reha- bilitation – Participation", Wiesbaden Otto KAUFMANN (since 2008)

– Working Group "Zukunft der Sozial- politik", Hans-Böckler-Stiftung TU Dortmund University – Conseil Scientifique, Bulletin de Droit Comparé du Travail de la Securité – Chair for Sociology of Rehabilitation Sociale (C4), Faculty of Rehabilitation Sciences – Commission "Europe", Institut de la (since 1996) Protection Sociale Européenne (IPSE) – Dean of the Faculty of Rehabilitation – Conseil d'Orientation, Institut de la Sciences (since 2008) Protection Sociale Européenne (IPSE) – Chair of the Faculties' Conference – Administrateur (Vice-Président), Institut (Deans' Conference) (since 2009) de la Protection Sociale Européenne (IPSE) Memberships of Advisory Boards, Boards of Trustees, Committees, Bernd BARON VON MAYDELL Research Organisations

– Independent member and chairman – Scientific Board for the Report of the of the Board of Arbitration pursuant to German Government on the situation § 129 (8) SGB V (health insurance funds in life of persons with disabilities (chair- – pharmacies) person), German Federal Ministry of – Independent member of Bundesschieds- Labour and Social Affairs (since 2011) amt für Kassenzahnärztliche Versorgung – Discussion group on inclusion and par- – Group of Consultants for the Application ticipation of the SPD party executive of Article 76 of the European Code of committee, Berlin (since 2010) Social Security, Council of Europe – External Evaluation Board for the – Editorial Advisory Board of DGUV-Kom- University of Koblenz-Landau, Campus pakt Landau, Division 5: Institute for Educa- – Advisory Board of the journal "European tional Sciences/Philosophy (since 2010) Social Law" – Scientific Advisory Board of the "House of Competence" (HoC) at the Karlsruhe Institute of Technology (KIT), University Hans-Joachim REINHARD of Karlsruhe (TH), (since 2009) – Advisory Council of the Austrian Science – Research Advisory Board of the journal Fund (FWF), University of Vienna, De- "Revista Internacional de Direito partment of Education, research project Tributario" "Vocational Participation of Persons with Intellectual Disabilities" (2008 – 2013) – Consultant for Higher Education Quality Markus SCHÖN Management at Karl Franzens University, Graz, Austria (since 2007) – Co-chairman, Kreisjugendring München- – Advisory Board of the programme "Qual- Stadt ity Management in Higher Education" – Member of the Youth Assistance Com- at the Donors' Association for German mittee of the City of Munich Science (2007 – 2010)

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– Scientific Council of the International – Founding member of the "Interdiscipli- Graduate School of Science and Engi- nary Center for Research of "Lebens neering, Technische Universität welten" of Persons with Disabilities" München (IGGSE TUM) (since 2006) (Z.I.E.L.) at the University of Tübingen – Scientific Advisory Board of the State (since 1985) Institute of Social Research Center sfs Dortmund, TU Dortmund University (since 2006) Sebastian WEBER – Perspective Commission, Karl Franzens University, Graz, Austria (since 2003) – Co-chairman of the Board, Action – Scientific Advisory Board of the BMAS Reconciliation Service for Peace research project "Personal Budget for – Board of Trustees, Evangelische Persons with Autism", Vocational Train- Versöhnungskirche Dachau e.V. ing Center Abensberg (2009 – 2011) – Advisory Board, Neuengamme Concen- – Scientific Advisory Board of the tration Camp Memorial, Hamburg Rummelsberg Institutions for the "Schutzbengel Award" (since 2009) – Scientific Advisory Board of the Bavarian Matthias WEISS State Ministry of Labour and Social Welfare, Family Affairs and Women, – Fellow at the Research Center for "ConSozial" Jury – Science Award Education and the Labour Market (since 2005) (ROA), Maastricht, the Netherlands – Scientific Advisory Board of the German Society of Rehabilitation Sciences (DGRW) for the Zarnekow Award Hans F. ZACHER (since 2002) (Selection) – Founding member and board member of the "Institute for Rehabilitation Re- – Honorary chairman of Deutscher search, Quality Development and Struc- Sozialrechtsverband e.V. tural Analysis" e.V. (REQUEST) at the – European Institute of Social Security University of Tübingen (since 1995) – Research Advisory Board at the German Federal Ministry of Economics and Technology Other Memberships – Bavarian Academy of Sciences and Humanities – Disability and Third World Network – Academia Europaea (since 2002) – Pontifical Academy of Social Sciences – Inclusion Europe, AG: "Persons with – International Board of the Weizmann extensive need of support" (since 2001) Institute of Sciences – International Society for Quality of Life Research (ISQOL) (since 2001) – German Society for Rehabilitation Sciences DGRW e.V. (since 2000) – American Association on Mental Retar- dation (since 1999) – German Society for the Promotion of Interdisciplinary Research for People with Intellectual Disabilities e.V. (DiFGB) (since 1998) – Advisory Board, St. Josefshaus Herten ("Future Council"), Rheinfelden (since 1997) – German Society of Sociology (DGS) (since 1989)

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7. Expertises 31 January 2011: Opinion on behalf of the Oberlandesgericht Bamberg on the splitting Ulrich BECKER and Hans-Joachim of pension rights. REINHARD 24 May 2011: Opinion on behalf of the 24 May 2011: Expert opinion on behalf Landgericht Landshut on liability privilege of the Landgericht Landshut Streicher v. in accident insurance. Bayern-Park on the exemption from liability, pursuant to the Austrian social accident insurance law. Elisabeth WACKER

26 October 2010: Expert opinion for the Axel BÖRSCH-SUPAN hearing on the 13th report on children and youth ["13. Kinder- und Jugendbericht"], February 2011: Written opinion for a pub- Committee on Families, Senior Citizens, lic hearing of experts on 21 February 2011 Women and Youth, Deutscher Bundestag, on retirement at 67 (Committee Bulletin/ Berlin. Ausschussdrucksache Deutscher Bundes- tag, 17(11)408, pp. 108–113). 10 November 2010: Expert opinion for a public hearing on inclusive education November 2011: Expertise of the Advisory ["Inklusive Bildung"], Children's Commis- Council of the German Federal Ministry of sion of the German Bundestag [Kinderkom- Economics and Technology (BMWi) on the mission – Kommission zur Wahrnehmung real economy decisions opening the way for der Belange der Kinder], Deutscher Bunde- a stable euro ["Realwirtschaftliche Weichen- stag, Berlin. stellungen für einen stabilen Euro"]. 25 November 2010: Expert presentation on the consequences and requirements Axel BÖRSCH-SUPAN and Matthias regarding the implementation of the UN WEISS Convention on the rights of persons with disabilities in Bavaria ["Konsequenzen und February 2011: Productivity over the life- Erfordernisse der Umsetzung der UN-Be- time ["Produktivität im Altersverlauf"]. Ex- hindertenrechtskonvention in Bayern"] for pertise for the German Council of Econom- the hearing of the Committee on Families, ic Experts. Senior Citizens, Women and Youth, Bayerischer Landtag, Munich.

Hans-Joachim REINHARD 22 November 2011: Expertise on the policy priorities regarding the implementation of 22 February 2010: Opinion on behalf of the UN Convention on the rights of persons the Amtsgericht Hamburg-Barmbeck on the with disabilities ["Politische Prioritäten bei calculation of cross-border pension entitle- der Umsetzung der UN-Behindertenrechts- ments in effecting the splitting of pension konvention"], SPD faction, Bayerischer rights. Landtag, Munich.

4 August 2010: Opinion on behalf of the Amtsgericht Kaufbeuren on the splitting of pension rights.

27 November 2010: Opinion on behalf of the Oberlandesgericht Zweibrücken on the splitting of pension rights.

29 November 2010: Opinion on behalf of the Amtsgericht Memmingen on the splitting of pension rights.

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8. Alumni Meeting 2010 also, and especially, in social policy. This mandate and ultimate objective has become Lorena Ossio Bustillos particularly visible through Art. 3, Para. 3 of the Treaty on European Union (TEU), pur- On 10 September 2010, the Institute hosted suant to which the EU "shall combat social its third alumni meeting. The meeting was exclusion and discrimination, and shall pro- attended by a great number of alumni from mote social justice and protection". Germany, as well as by former members of the Institute from Turkey, Greece, Croatia, Ulrich Becker gave an account of the current Poland, Italy, the Czech Republic and Aus- jurisprudence of the European Court of Jus- tria. This time, the event was dedicated to tice regarding social benefits law. As his the topic entitled "European Integration and starting point he took the decisions of the European Social Law after Entry into Force European Court of Justice regarding the of the Lisbon Treaty". German purity law for beer [Reinheitsgebot] (1987), the "Bosman" case (1995), and the In his lecture, Bernd Schulte pointed at the "Decker" and "Kohll" cases (1988); these de- fact that in the context of decades of devel- cisions had partially been met by fierce pub- opment work invested, the social dimension lic opposition and had come as "external had in recent years noticeably gained appre- shocks" to some of the member states. He ciation at European level. However, with re- also elaborated on decisions in the field of gard to the European Integration Process labour law, e.g. on the "Mangold" decision there was a certain asymmetry between the (2005) and the "Viking" decision (2007). European economic policy geared to market efficiency and social policy. The latter was – Against this background, the focus of his lec- if not exclusively, yet still fundamentally so ture was on four decisions from the year – designed for and governed by national is- 2009. Taking specific decisions regarding the sues, albeit in a "toned-down" form. It was freedom of movement, long-term care insur- notable that, on the one hand, European so- ance benefits, the prohibition on third party cial policy had been reinforced at EU level and multiple ownership of pharmacies, the and that, on the other hand, national social monopoly of statutory accident insurance, policies had become "more European". and integrated provision of health care through the statutory sickness funds, Ulrich He summed up that even though Art. 153 Becker analysed the allocation of competenc- Para. 4 of the Treaty on the Functioning of es between the European Union and its the European Union (TFEU) affirmed "the member states in the field of social benefits right of Member States to define the funda- law. According to Ulrich Becker, the member mental principles of their social security sys- states have competence to organise and shape tems", numerous provisions indicated that their social benefits systems according to na- the European Union plays an increasing part tional specifications. As regards actual imple-

Alumni meeting 2010.

204 VIII. THE INSTITUTE

with the European Commis- sion have facilitated a five- year suspension (2007 to 2012) of the infringement procedure initiated by the Commission against Austria in order to give the latter the opportunity to provide empirical data supporting the argument that the restrictive measures the country has imposed are necessary to en- Federal minister of Austria Dr. Beatrix Karl and Prof. Dr. sure the provision of health Bernd Baron von Maydell. care. mentation, however, the different national After the presentations, the alumni and mem- social benefits systems may come into con- bers of the Institute met over dinner with op- flict with European Union law. He remarked portunity for both personal and scholarly ex- that the European Court of Justice had change. through its decisions in this context largely established and predefined the balance be- Alumni Network tween "solidarity" (i.e. the fundamental social rights) on the one hand, and the economic The alumni network serves to foster the ex- freedoms on the other. change of ideas among current and former, scientific and non-scientific Institute mem- From the ranks of the alumni, Austrian bers as well as guest researchers, and pro- Federal Minister for Science and Research vides an opportunity to keep in contact with Beatrix Karl (now Federal Minister of Justice) one another and with the Institute. For fur- delivered a lecture entitled "Zwischen Hoch- ther information please turn to the alumni schul- und Gesundheitstourismus: Unwort oder representative at the following e-mail ad- aussichtsreicher Trend?" [Between university dress: [email protected]. tourism and health tourism: non-word or promising trend?]. Beginning with health policy and the need for planning certainty regarding basic inpatient services, her presentation took up points from the previous lecture in that it outlined some parallels found in the justification of the Austrian education policy. The speaker described the situation in 2005, a time when Austria still had a university system that was open to all. Enrolment for a degree in medicine received a special status after university admission quotas had been introduced for this course. The application of the country-of-origin principle has been considered by the ECJ as a violation of the principle of non- discrimination on grounds of nationality; Aus- tria, however, bases its decision to grant foreign students restricted access to this course of study on the claim that future availability of health care services might otherwise be com- promised. Non-Austrian medical students might, after all, return to their home countries after finishing their degrees and leave the Aus- trian health care system void of medical professionals. However, political negotiations

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206 Imprint

Imprint

Published by Max Planck Institute for Social Law and Social Policy

Amalienstraße 33 80799 Munich, Germany Phone: +49 89 38602 0 Fax: +49 89 38602 590 www.mpisoc.mpg.de

Content Authority The Managing Director Prof. Dr. Ulrich Becker, LL.M. (EHI)

Editorial Board Dr. Monika Nißlein (responsible)

Prof. Dr. Hans-Joachim Reinhard, Dr. Sebastian Weber (Chapter I) Yvonne Berrens, M.A./MBA, Dr. Matthias Weiss (Chapter II) Dr. Minou Banafsche (Chapter III) Henning Frankenberger, Bernd Zumdick (Chapter V)

Translation Christina McAllister, M.A. Eva Lutz, M.A.

Graphics (MEA) Photographs (Andreas Schmidt, Prof. Dr. Ulrich Becker i.a.) © Max Planck Institute for Social Law and Social Policy and Court of Justice of the European Union (p. 13) Private (Andreas Schmidt) (p. 29) DBT/Fritz Reiss (p. 38) Max Planck Society, Press Office (p. 42) Konrad-Adenauer-Stiftung e.V. (p. 51) The Federal Archives, Photo Department (p. 52) Mercedes-Benz Wörth (p. 106) Bavarian State Ministry of Labour and Social Welfare, Family Affairs and Women (p. 167 (top))

Design & Litho HM Scherer GmbH (Benjamin Peter) Druck & Kommunikation Munich

207 Report 2010 – 2011 2010 Report

Report 2010 – 2011

Max Planck Institute for Social Law and Social Policy