The Role of the IMF in the European Debt Crisis
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Germany (1950-2018)
Germany Self-rule INSTITUTIONAL DEPTH AND POLICY SCOPE Germany has two-tiered regional governance consisting of sixteen Länder and (Land)Kreise. Several Länder have a third tier between these two, Regierungsbezirke (administrative districts). Two Länder have a fourth tier of regional governance, Landschaftsverbände in North-Rhine Westphalia and Bezirksverband Pfalz in Rhineland-Palatinate.1 The 1949 Basic Law of the German Federal Republic granted eleven Länder extensive competences, which include legislative powers for culture, education, universities, broadcasting/television, local government, and the police (C 1949, Art. 74; Council of Europe: Germany 1999; Hrbek 2002; Swenden 2006; Watts 1999a, 2008). Länder also exercise residual competences (C 1949, Art. 70). In addition, the Basic Law states that Länder are responsible for the implementation of most federal laws (C 1949, Arts. 83–85). The federal government may legislate to preserve legal and economic unity with respect to justice, social welfare, civil law, criminal law, labor law, and economic law (C 1949, Art 72.2), and it has authority to establish the legislative framework in higher education, the press, environmental protection, and spatial planning (C 1949, Art. 72.3; Reutter 2006). The federal government exercises sole legislative authority over foreign policy, defense, currency, and public services (C 1949, Art. 73; Council of Europe: Germany 1999; Hrbek 2002; Swenden 2006; Watts 1999a, 2008). It also has exclusive authority over immigration and citizenship (C 1949, Arts. 73.2 and 73.3), though Länder administer inter-Land immigration and have concurrent competence on residence (Bendel and Sturm 2010: 186-187; C 1949, Arts. 74.4 and 74.6).2 However, this is not enough to qualify for the maximum score on policy scope.β The constitutional division of authority was extended to the five new Länder after unification in 1990. -
An End to Antisemitism!
Confronting Antisemitism in Modern Media, the Legal and Political Worlds An End to Antisemitism! Edited by Armin Lange, Kerstin Mayerhofer, Dina Porat, and Lawrence H. Schiffman Volume 5 Confronting Antisemitism in Modern Media, the Legal and Political Worlds Edited by Armin Lange, Kerstin Mayerhofer, Dina Porat, and Lawrence H. Schiffman ISBN 978-3-11-058243-7 e-ISBN (PDF) 978-3-11-067196-4 e-ISBN (EPUB) 978-3-11-067203-9 DOI https://10.1515/9783110671964 This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. For details go to https://creativecommons.org/licenses/by-nc-nd/4.0/ Library of Congress Control Number: 2021931477 Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available on the Internet at http://dnb.dnb.de. © 2021 Armin Lange, Kerstin Mayerhofer, Dina Porat, Lawrence H. Schiffman, published by Walter de Gruyter GmbH, Berlin/Boston The book is published with open access at www.degruyter.com Cover image: Illustration by Tayler Culligan (https://dribbble.com/taylerculligan). With friendly permission of Chicago Booth Review. Printing and binding: CPI books GmbH, Leck www.degruyter.com TableofContents Preface and Acknowledgements IX LisaJacobs, Armin Lange, and Kerstin Mayerhofer Confronting Antisemitism in Modern Media, the Legal and Political Worlds: Introduction 1 Confronting Antisemitism through Critical Reflection/Approaches -
IS U.S. GOVERNMENT DEBT DIFFERENT? I
IS U.S. GOVERNMENT DEBT DIFFERENT? i IS U.S. GOVERNMENT DEBT DIFFERENT? ii iii IS U.S. GOVERNMENT DEBT DIFFERENT? EDITED BY Franklin Allen Anna Gelpern Charles Mooney David Skeel AUTHORS Donald S. Bernstein William W. Bratton Peter R. Fisher Richard J. Herring James R. Hines Jr. Howell E. Jackson Jeremy Kreisberg James Kwak Deborah Lucas Michael W. McConnell Jim Millstein Charles W. Mooney Jr. Kelley O’Mara Zoltan Pozsar Steven L. Schwarcz Richard Squire Richard Sylla FIC Press Philadelphia, USA iv Published by FIC Press 2405 Steinberg Hall - Dietrich Hall 3620 Locust Walk Philadelphia, PA 19104-6367 USA First Published 2012 ISBN 978-0-9836469-9-0 (paperback) ISBN 978-0-9836469-8-3 (e-book version) Cover artwork, design and layout by Christopher Trollen v Contents The Contributors ix Acknowledgments xxi PREFACE xxiii by Anna Gelpern 1 U.S. Government Debt Has Always Been Different! 1 Richard Sylla 2 A World Without Treasuries? 13 William W. Bratton 3 Default and the International Role of the Dollar 21 Richard J. Herring 4 A Macro View of Shadow Banking: Do T-Bill Shortages Pose a New Triffin Dilemma? 35 Zoltan Pozsar 5 Origins of the Fiscal Constitution 45 Michael W. McConnell 6 The 2011 ebtD Ceiling Impasse Revisited 55 Howell E. Jackson 7 A Market for End-of-the-World Insurance? Credit Default Swaps on US Government Debt 69 Richard Squire vi Contents 8 Thoughts on ebtD Sustainability: Supply and Demand Keynote Remarks 87 Peter R. Fisher 9 The ederalF Debt: Assessing the Capacity to Pay 101 Deborah Lucas 10 TheTax Revenue Capacity of the U.S. -
Report – Recent Case Law of the Bundesgerichtshof (Federal Court of Justice) in Strafsachen (Criminal Law)
DEVELOPMENTS Report – Recent Case Law of the Bundesgerichtshof (Federal Court of Justice) in Strafsachen (Criminal Law) By Antonio K. Esposito and Christoph J.M. Safferling! A. Introduction Reporting on one year of the Bundesgerichtshof’s (BGH – Federal Court of Justice) jurisprudence in criminal affairs is always a delicate matter. We have decided to limit ourselves to report on a variety of cases, which are reported in the official records of the BGH and edited by members of the Court. The Court’s official journal, Entscheidungen des Bundesgerichtshofs in Strafsachen (BGHST), gives a fair mixture of decisions, which the judges themselves consider important enough to be included therein. However, the triage of decisions found there entails but a small portion of the BGH’s work, chosen case-by-case without taking heed of producing a representative share. In order to come to a reasonable number of decisions to include in this report we had to leave aside several decisions notwithstanding their importance. We abstain from reporting on the case of El Motassadeq, who was charged with abetting in murder in 3066 cases in connection with the 9/11-attacks in the USA and was acquitted for lack of evidence.1 This case has been reported extensively elsewhere.2 We also desist from reporting on the Gartenschläger case, which deals with a special incident at the former German-German boarder.3 A ! Antonio Esposito, J.D. (Marburg), LL.M. (Adelaide) is an attorney in Berlin, Germany. Christoph Safferling, J.D. (Munich), LL.M. (LSE) is Professor for International Criminal Law at the Philipps- University Marburg, Germany, Director of the International Research and Documentation Center for War Crimes Trials in Marburg, and member of the editorial board of the German Law Journal. -
German Judicial System
German Judicial System The German legal system is a civil law based on a comprehensive compendium of statutes, as compared to the common law systems. Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor and the defendant. The independence of the judiciary is historically older than democracy in Germany. The organisation of courts is traditionally strong, and almost all federal and state actions are subject to judicial review. Law Germany's source of law is the 1949 Basic Law of the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland) – its Constitution - which sets up the modern judiciary, but the law adjudicated in court comes from the German Codes; thus, German law is primarily codal in nature. The court system adjudicates 1. public law (öffentliches Recht), that is, administrative law (civil-government litigation or litigation between two government bodies) and criminal law; and 2. private law (Privatrecht). German law is mainly based on early Byzantine law, specifically Justinian's Code, and to a lesser extent the Napoleonic Code. The Constitution directly invests supreme judicial power in the Constitutional Court as well as other federal courts and the courts of each Federal State (Länder). The court system is inquisitorial, thus judicial officers personally enter proof and testimony into evidence, with the plaintiffs and their counsel merely assisting, although in some courts evidence can only be tendered by plaintiffs. Criminal and private laws are codified on the national level in the Strafgesetzbuch (StGB) and the Bürgerliches Gesetzbuch (BGB) respectively. -
Public Feed Back for Better Banknote Design 2 Central Bank and Prudential Supervisor of Financial Institutions
Occasional Studies Vol.5/No.2 (2007) Hans de Heij Public feed back for better banknote design 2 Central bank and prudential supervisor of financial institutions ©2007 De Nederlandsche Bank nv Author: Hans de Heij e-mail: [email protected] The aim of the Occasional Studies is to disseminate thinking on policy and analytical issues in areas relevant to the Bank. Views expressed are those of the individual authors and do not necessarily reflect official positions of De Nederlandsche Bank. Editorial Committee: Jan Marc Berk (chairman), Eelco van den Berg (secretary), Hans Brits, Maria Demertzis, Peter van Els, Jan Willem van den End, Maarten Gelderman, Klaas Knot, Bram Scholten and Job Swank. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical, photocopy, recording or otherwise, without the prior written permission of De Nederlandsche Bank. Subscription orders for dnb Occasional Studies and requests for specimen copies should be sent to: De Nederlandsche Bank nv Communications p.o. Box 98 1000 ab Amsterdam The Netherlands Internet: www.dnb.nl Public feed back for better banknote design 2 Public feed back for better banknote design 2 Hans A.M. de Heij De Nederlandsche Bank nv, Amsterdam, The Netherlands Abstract Developers of new banknotes can optimise banknote designs by making use of 1) public feedback, 2) strategic communication policy, 3) a design philosophy and 4) the stakeholders’ approach reflected in a Programme of Requirements. The synthesis of these four elements will lead to new design concepts for banknotes, as illustrated in this article. -
The Rosenburg Files – the Federal Ministry of Justice and the Nazi Era Bmjv.De/Geschichte
bmjv.de/geschichte REMEMBRANCE. REFLECTION. RESPONSIBILITY. | VOLUME 1 The Rosenburg Files – The Federal Ministry of Justice and the Nazi Era bmjv.de/geschichte Manfred Görtemaker / Christoph Safferling The Rosenburg Files – The Federal Ministry of Justice and the Nazi Era 2 The Rosenburg Files Preface The Nazi dictatorship committed unthinkable crimes and brought great suffering upon Germany and the world. The collaboration of the judicial system and lawyers with the Nazi regime has meanwhile been well documented in academic studies. Previously, however, it had been an open secret that many lawyers who were guilty of crimes returned to Heiko Maas West German government service after Federal Minister of Justice the foundation of the Federal Republic of and Consumer Protection Germany in 1949. The Independent Academic Commission set up to investigate how the Federal Ministry of Justice dealt with its Nazi past, the “Rosenburg Project”, undertook an intensive study of the continuity in terms of personnel and its consequences. Our Ministry allowed researchers full access to all the files for the first time. I would like to express my great thanks to the two Heads of Commission, Professor Manfred Görtemaker and Professor Christoph Safferling, and to their entire team for their committed work. The results are depressing. Of the 170 lawyers who held senior positions in the Ministry between 1949 and 1973, 90 had been members of the Nazi Party and 34 had been members of the SA. More than 15 percent had even worked in the Nazi Reich Ministry of Justice before 1945. These figures highlight why the prosecution of Nazi crimes was impeded for so long, the suffering of the victims was ignored far too long and many groups of victims – such as homosexuals or Sinti and Roma – suffered renewed discrimination in the Federal Republic of Germany. -
Mutual Confidence in the European Union - Report to the General Assembly on the 6Th/7Th June 2007
ENCJ Working Group on strengthening mutual confidence in the European Union - Report to The General Assembly on the 6th/7th June 2007 At the annual conference of the European Network of Councils for the Judiciary in Wroclaw on 25 - 26 May, 2006, the General Assembly decided to establish six Working Groups. The topics of the Working Groups resulted from the interactive sessions which were organised on the first day of the Conference. The Working Group on Strengthening Mutual Confidence was established to consider methods of strengthening mutual confidence amongst the members of the European Network of Councils for the Judiciary. Membership of the Working Group is set out in Appendix A, attached to this document. Terms of Reference It was noted that the work of the group would include: Clarification of the meaning of the term 'mutual confidence' Meeting representatives of the European Commission Considering the reality of mutual confidence from the point of view of the judicial decision maker Considering methods of assisting the development of mutual confidence amongst the judiciary of the European Union Objective It was envisaged that the objective would be to advise on methods of developing information, contacts and systems to enable the growth of mutual confidence amongst the judiciary in the European Union. Result A result anticipated of this Working Group was to present to the next General Assembly: 1. Suggestions on methods of developing mutual confidence and mutual co-operation between members of the judiciary in the European Member States. 2. Suggestions on methods by which the ENCJ could provide relevant expertise to the EU institutions. -
How to Deal with Nazi-Looted Art After Cornelius Gurlitt
PRECLUDING THE STATUTE OF LIMITATIONS? HOW TO DEAL WITH NAZI-LOOTED ART AFTER CORNELIUS GURLITT Phillip Hellwege* The Nazi regime collapsed seventy years ago; still today, we are concerned about the restitution of Nazi-looted art. In recent decades, the public debate in Germany has often focused on restitution by public museums and other public bodies. The recent case of Cornelius Gurlitt has raised the issue of restitution of Nazi-looted art by private individu- als and private entities. German law is clear about this issue: property based claims are time-barred after thirty years. Thus, according to Ger- man law, there is little hope that the original owners will have an en- forceable claim for the restitution of such art. Early in 2014, the Bavarian State Government proposed a legislative reform of the Ger- man Civil Code. The draft bill aims to re-open property based claims for restitution. The draft bill is a direct reaction to the case of Cornelius Gurlitt. This article analyzes the availability of property based claims for the restitution of Nazi-looted art under German law and critically as- sesses the Bavarian State Government's draft bill. My conclusion is not encouraging for the original owners of Nazi-looted art. Even though the Bavarian draft bill breeds hope among Nazi victims and their heirs, who are led to believe that they now have enforceable claims against the present possessors of what was theirs, the truth is that many original owners have forever lost ownership of their art. Re-opening property based claims will not be of any help to these victims, because it is still * Professor of Private Law, Commercial Law, and Legal History, University Augsburg, Germany. -
Federal Court of Justice Celebrates 50Th Anniversary
Federal Court of Justice Celebrates 50th Anniversary. Suggested Citation: Federal Court of Justice Celebrates 50th Anniversary., 1 German Law Journal (2000), available at http://www.germanlawjournal.com/index.php?pageID=11&artID=10 [1] On October 1st, the Federal Court of Justice (FCJ) sitting in Karlsruhe and Leipzig celebrated its 50th anniversary. The FCJ is the court of last resort for all civil and criminal matters with 12 civil senates and 5 criminal senates (the Fifth Criminal Senate, which previously sat in West Berlin, moved to Leipzig after German reunification). The FCJ’s jurisdiction differs from that of the Federal Constitutional Court, which, among its unique jurisdiction, presides over constitutional questions and disputes raised between branches of the government. Unlike the FCJ, the FCC sits outside the ordinary chain of the appellate process. [2] The FCJ’s history is much longer than the 50 years celebrated this month. It began its service as the Reichsgericht (Court of the German Empire) in 1879 (also on October 1st) building a widely respected body of jurisprudence. The Reichsgericht, along with all other state entities was co-opted by and enlisted into the service of the Nazi regime. The Reichsgericht receives justified criticism for the ease, even willingness, with which it made this transition. Certainly, the Reichsgericht provided the highest level of legal justification for the atrocities of the Nazi era, although it was Hitler’s Volksgericht (Peoples’ Court) that were conceived exclusively for the purpose of “legally” supporting Nazi state terror and the Holocaust. The role of the Reichsgericht in the Nazi regime would later be inflamed as its successor, the FCJ, would fail to uphold on appeal a single conviction of a German judge for Nazi crimes. -
Report Submitted by Germany Pursuant to Article 68, Paragraph 1 of the Council of Europe Convention on Preventing and Combating
Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) __________________________________________ Report submitted by Germany pursuant to Article 68, paragraph 1 of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Baseline Report) Received by GREVIO on 31 August 2020 GREVIO/Inf(2020)13 Published on 1 September 2020 – 2 – GREVIO First State Report Germany 2020 – 3 – Contents I. Introduction .......................................................................................................................... 1 II. Integrated policies and data collection ................................................................................. 2 A. Strategies and action plans .............................................................................................................. 2 B. Funding for strategies and action plans ........................................................................................... 5 C. Integration of the work of NGOs and other civil society actors ....................................................... 5 D. Coordination bodies under Article 10 .............................................................................................. 9 E. Data collection and publication under Article 11 ........................................................................... 11 F. Research activities under Article 11(1b) ........................................................................................ 14 G. Representative -
The Länder and German Federalism Prelims 27/5/03 11:39 Am Page Ii
GPOLGunlicks cover 21/5/2003 5:22 pm Page 1 Issues in German Politics The Länder This book provides a detailed introduction to how the Länder (the sixteen states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Länder is and German federalism essential to an understanding of the political system as well as of German federalism. The Länder This book traces the origin of the Länder. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Länder and the controversial roles of parliaments and deputies are also examined. and German Because of their role in the Bundesrat, the second legislative chamber, the Lander are clearly an important part of the national legislative process. They participate in policy-making with regard to the European Union, and have limited influence on Germany's foreign affairs outside of Europe. This is the first English language book that considers the Länder in this depth. federalism Arthur Gunlicks is a professor of political science and chair of the department at the University of Richmond, Virginia Gunlicks Arthur Gunlicks ISBN 0-7190-6533-X 9 780719 065330 prelims 27/5/03 11:39 am Page i The Länder and German federalism prelims 27/5/03 11:39 am Page ii ISSUES IN GERMAN POLITICS Edited by Professor Charlie Jeffery, Institute for German Studies Dr Charles Lees, University of Sussex Issues in German Politics is a major new series on contemporary Germany.