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Legal Aspects of security in urban spaces (OPMOPS)
Public assemblies operate in a constitutionally sensitive area. From a legal standpoint, public assemblies and their participants are afforded special constitutional protection under Article 5(1) and Article 8(1) of the Basic Law. Conversely, public assemblies are associated with an increased potential for conflict, whether due to counter-events, contact with the public or the often divergent opinions within the circles of participants. It is only through strategic and legally sound planning and implementation that the safety of all parties can be guaranteed. The objective of the partner organisations in the overall project was to develop a Decision Support System (DSS) for both the preparation phase and the crisis management of events with a high conflict potential. The third-party-funded project at National Institute for Public Administration Germany was incorporated into the overall project as a legal contribution. The sub-project examined the fundamental conflict between freedom and security and prepared and monitored the technical development. The research project's findings were published in a monograph (along with two essays on the use of drones by the police and on assemblies during the pandemic).
Advice on ex-ante evaluation for the parliaments of Costa Rica and Honduras
DEval - German Institute for Development Evaluation commissioned the National Institute for Public Administration Germany to advise the parliaments of Costa Rica and Honduras on the development of guidance to ex-ante evaluation. This advice was provided as part of project FOCEVAL, which aims to strengthen evaluation capacities in Latin American countries and increase the use of evaluation in policy-making.
Competence Centre Youth-Check (ComYC)
The youth-check helps to raise awareness of young people’s concerns during the legislative process. It is a regulatory impact assessment tool to analyse the impact of federal legislation on young people aged between 12 and 27 years In order to raise awareness of the concerns of young people at an early stage in the legislative process, the youth-check is applied to proposed legislation during the draft bill stage. The youth-check is carried out by the Competence Centre Youth-Check (ComYC). The ComYC is an independent unit with a unique expertise in youth-specific regulatory impact assessment in Germany. It is the only scientific institution in Germany that carries out an accompanying regulatory impact assessment (ex-ante assessment) for all federal government bills.
Concept for the development of a legislative impact assessment tool to measure miscellaneous costs in enterprises
The quantitative impact assessment of federal legislation is primarily concerned with the documentation of compliance costs, which must be explicitly stated in the draft regulations proposed by the Federal Government for the Cabinet Draft. In accordance with Article 2 of the Act on the establishment of a national regulatory watchdog (Gesetz zur Einsetzung eines Nationalen Normenkontrollrates - NKRG), it represents 'the total measurable time and costs incurred by the public, the economy and the public administration as a result of complying with a federal legal provision'. The precise specifications of the compliance burden are delineated in the 'Guidance for determining and presenting the compliance burden in the Federal Government's regulatory projects'. However, some costs are not included, which can represent a significant economic burden for the enterprises concerned. Therefore, the non-profit 'Foundation for Family Businesses' commissioned the National Institute for Public Administration German to identify costs that are not or insufficiently considered in the current practice of estimating compliance costs.
Algorithm Control in the Internet of Things as a consumer policy protection mechanism
The research project was funded by a third party and conducted as part of the programme 'Promotion of innovation in consumer protection in law and commerce - Consumer-related research on the Internet of Things' of the Federal Ministry of Justice and Consumer Protection (BMJV). The project was funded by the BMJV in accordance with a resolution passed by the German Bundestag. Its management was entrusted to the Federal Office for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung - BLE) within the framework of the 'Innovation promotion programme'.
Optimisation of hearing procedures in planning approval procedures for federal railway operating facilities
The National Institute for Public Administration Germany has prepared a report for the Federal Ministry of Transport and Digital Infrastructure (Bundesministerium für Verkehr und digitale Infrastruktur - BMVI) on the optimisation of hearing procedures in planning approval procedures for federal railway operating facilities. Based on a synthesis of quantitative and qualitative data, the study identifies the underlying issues and causes of delays in the implementation of the hearing procedure in railway planning approval procedures and the directly related procedural steps.
Examination of the performance of selected tasks at all levels of direct state administration and the local sector in Rhineland-Palatinate
The research project is a sub-project of an expert report on the further investigation of the reform at local authority and administrative level in Rhineland-Palatinate. The overarching objective of the report is to provide policy-makers with a sound basis for the second phase of the reform at local government and administrative level in Rhineland-Palatinate. The project's core focus is an examination of selected tasks of the direct state administration and the local government administrations in order to assess their suitability for the envisaged task structure. Thematic areas of investigation include environment, agriculture, forestry and food; finance, construction and housing; justice and consumer protection; and economy, climate protection, energy and regional planning.
Economic specification of the recent jurisprudence of the Federal Constitutional Court on the calculation of remuneration; Methodology and creation of a database
In its rulings on A- and R-remuneration (2015), the Federal Constitutional Court established, for the first time, concrete economic parameters that enable the calculation of remuneration appropriate to the office in question. In a three-step procedure, the appropriateness of remuneration is first determined on the basis of an examination of precisely quantifiable comparison parameters. These include the income development of employees subject to collective wage agreements, the nominal wage index as an index of overall economic income development, the consumer price index/real income development, the prohibition of disparities between remuneration groups/experience levels and the social minimum wage, and comparisons with the Federal Government and the other Federal States. In the second step, the presumption can then be confirmed or refuted by means of further criteria. In the third step, the question of whether a determined undernourishment can be justified by the existence of special conditions, such as a household emergency, is then examined.
Impact of EU law/ECJ jurisprudence and ECHR/ECtHR jurisprudence on the civil service
There is a pressing need for research on the impact of EU law and the ECHR on the civil service in Germany. The National Institute for Public Administration Germany analyses relevant decisions of the European Court of Justice and the European Court of Human Rights and draws up practical guidelines for administrative practice. These practical guidelines present the subject matter, the facts and the reasons for the decision in a concise form, evaluate and classify them in terms of European law, and consider the implications for German law.
Consolidation and digitisation of guidance documents, guidance and manuals for the legislative process
The 'Federal Government's electronic legislative process' project comprises part of the effort to consolidate Federal Government services and aims to put the legislative process on new IT footing. The project aims to eliminate existing media breaks and redundancies in the process within and between the Federal Government, the German Bundestag, the German Bundesrat, the Mediation Committee and the Office of the Federal President, and to implement an end-to-end electronic legislative process. The objective is to conduct the legislative process at the federal level completely electronically, without media discontinuity and interoperably between all parties involved, in order to future-proof the legislative process and adapt it to current technological developments. The 'E-legislation' project is comprised of multiple sub-projects and products. The National Institute for Public Administration Germany is responsible for one of the sub-projects and is working on the consolidation and digitalisation of the numerous guidance documents, guidance and manuals available at federal level for the legislative process.