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Evaluation of counter-terrorism regulations
Article 5 of the Act on the Extension of the Deadline for Regulations under the Anti-Terrorism Acts of 3 December 2015 states that the Federal Government shall evaluate the application of the provisions of the Act on the Protection of the Federal Constitution, the MAD Act, the BND Act and the Security Screening Act which were created and amended by the Anti-Terrorism Act, the Supplementary Anti-Terrorism Act and the Act Amending the Anti-Terrorism Act, with the assistance of one or more experts. It is of particular importance to consider the frequency and impact of the restrictions on fundamental rights associated with the powers of intervention, as well as the effectiveness of the relevant provisions. Following approval by the German Bundestag, the Federal Ministry of the Interior commissioned the National Institute for Public Administration Germany to undertake the evaluation project.
Evaluation of the Hamburg Transparency Act (HmbTG)
The Hamburg Transparency Act (Hamburgische Transparenzgesetz - HmbTG) came into force on 6 October 2012, replacing the previous Hamburg Freedom of Information Act (Hamburgische Informationsfreiheitsgesetz - HmbIFG) and further developing it in certain areas. The Hamburg Transparency Act (HmbTG) established the first comprehensive information act in Germany. It requires public bodies to proactively make certain information available to the public, not just on request, and to do so in a transparency portal as an information register. Personal data is protected throughout. Sec. 18(2), sentence 3 of the Hamburg Transparency Act (HmbTG) requires the Senate to review the application and effects of the Act no later than four years after its entry into force and to report on the results to the general public.
Evaluation of the Mediation Act
In July 2016, the Mediation Act (Mediationsgesetz - MediationsG) will have been in force for four years. It was therefore time to take stock of the state of mediation in Germany. In essence, mediation is a procedure for out-of-court conflict resolution, 'in which the parties strive, on a voluntary basis and autonomously, to achieve an amicable resolution of their conflict with the assistance of one or more mediators' (Sec. 1 Mediation Act).
Conversion scenario for the transfer of responsibility for minors with disabilities from social welfare (Social Code Book (SGB) XII or to child and youth welfare (SGB VIII)
The coalition agreement for the 18th legislative period stipulated that 'in the interests of children with disabilities and their parents [...] the interfaces in the service systems should be overcome in such a way that services can be provided from a single source wherever possible'. The intention was to present a draft law to implement the integrated solution in the summer of 2016. A transitional period of five years was to elapse between the promulgation of the law and its entry into force. In order to facilitate this transition, the National Institute for Public Administration Germany was commissioned to develop a transition scenario for the transfer of responsibility for minors with disabilities from social welfare (SGB XII) to child and youth welfare (SGB VIII). However, the reform process at the BMFSFJ was subsequently redirected, with the result that neither a final draft law nor a final transition scenario could be published.
Smart cities' government: The role of state infrastructure in the digital world
The trending term 'Smart cities' government' highlights the potential of intelligent networking in public spaces for the common good. In a world full of sensors, great opportunities present themselves for modern digital infrastructure (especially for public transport and energy systems) but there are also challenges.
Development of a ‘youth-check’ to systematically analyse the impact of federal legislation on young people
In the coalition agreement for the 18th legislative period, the Christian Democratic Union (CDU), the Christian Social Union (CSU) and the Social Democratic Party (SPD) agreed to consider the concerns of young people (aged 12-27) when developing federal policies. In order to achieve this objective the 'youth-check' was developed and implemented in 2016 and 2017. The youth-check is an instrument of youth-specific regulatory impact assessment. The assessment tool was developed by the NIPAG in cooperation with youth policy stakeholdersand presented in August 2017. TheCompetence Centre Youth-Check (ComYC) was founded in August 2017 as the responsible unit for carrying out the youth-check.
Leeway for Member States to regulate under the General Data Protection Regulation - The GDPR and national law
The General Data Protection Regulation (EU GDPR) will have a profound impact on the landscape of data protection law. It is not so much the substantive legal innovations themselves that are the focus of attention. In particular, the marketplace principle and the changes to the structure of European data protection supervision ensure a data protection regime with far-reaching effects beyond the borders of the Union. Furthermore, the transition to a regulation is accompanied by a discernible harmonisation in comparison to the preceding directive regime. In substance, however, the EU GDPR is, in part, more akin to a directive in the guise of a regulation, with approximately four dozen opening clauses that allow for significant scope for national normative nuances, particularly within the public sector. The project undertook a comprehensive examination of the ways in which the EU GDPR has transformed German data protection law and the extent to which the national scope of interpretation has been applied. The analysis focused on the data protection requirements set forth by the EU-GDPR for the fulfilment of public administration tasks.
Legal requirements and legal limits of fully automated administrative procedures
The Tax Procedure Modernisation Act, which came into force on 1 January 2017, introduced a number of significant changes to the German Fiscal Code (Abgabenordnung - AO), including the possibility of issuing fully automated tax assessments. During the legislative process, the Bundestag resolved to amend the Federal Administrative Procedure Act (Verwaltungsverfahrensgesetz des Bundes - VwVfG) and the Tenth Book of the Social Code (SGB X) in parallel. The objective was to facilitate the issuance of fully automated administrative acts across the three pillars of administrative procedural law, thereby promoting a largely uniform evolution of the three procedural codes. In the initial phase of the research project, the legislative process was observed and documented. In particular, the potential for using the proposal, which was originally intended solely as an amendment to the AO, as a model for a possible adaptation of the VwVfG was examined. Additionally, the necessity for developing independent legal solutions for the administrative procedure in certain areas was determined. In the second phase, the adopted legal provisions were examined and solutions were developed for open questions. The overarching objective was to devise proposals for the legal design of fully automated administrative procedures under the VwVfG, with due consideration for the legal constraints associated with such procedures.
Evaluation of the Environmental Administration Act
The Ministry of the Environment of the State of Baden-Württemberg has commissioned the National Institute for Public Administration Germany to evaluate the Act on the Standardisation of Environmental Administration Law and to Strengthen Consultation in Environmental Matters with the General Public (Environmental Administration Act - UVwG). The evaluation aimed to examine the objectives pursued with the introduction of the UVwG, determine its effects and evaluate practical experiences. The UVwG aims to improve the existing legal framework for public consultation in the planning and implementation of infrastructure projects by obliging the state, local government and private project sponsors to allow more public consultation in infrastructure measures. The aim is to involve the general public and stakeholders in important infrastructure projects at an early stage.
Further development of the Baden-Württemberg environmental administration
In the course of the administrative restructuring reform in 2005, the nine state industrial inspectorates, the four water management authorities and the four district offices for nature conservation and landscape protection in Baden-Württemberg were dissolved and their tasks transferred either to the regional councils or to the rural districts and urban districts. As early as 2007 (a) and again in 2011 (b), it became evident that this reform step had negatively impacted the quality of administrative action in specific areas. The objective of this study was, therefore, to provide an empirically valid situational analysis of the quality of enforcement in the domain of conventional environmental administration.