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Municipal enterprises in the regime of the Data Use Act
In the context of local enterprises, the ability to mine data resources within and between organisations is becoming a critical aspect of the business model. In addition, the question of whether third parties should be allowed to use these data resources is an important point of consideration. The normative scope is determined by European and national regulations. The Open Data PSI Directive and its national implementation, the Data Use Act (DNG), establish two different legal regimes. Public bodies are subject to stricter rules than so-called public service companies. However, the essential question of which local enterprises are considered public service enterprises within the scope of the DNG and which are to be classified as public bodies remains partially unanswered by the DNG. This project will develop solutions to this problem.
Development of a tool for prospective and accompanying legislative impact assessment
In the Protestant Church in the Rhineland (EKiR), the Synod is responsible for enacting legislation and overseeing the church budget. In recent years, the Synod has initiated a number of reform projects that have resulted in significant changes to the existing framework. In its reforms, it is of paramount importance to the EKiR that the implementation of the planned regulations and measures does not place an undue burden on the congregations. For this reason, the Regional Church Office, which is responsible for the development and elaboration of regulatory projects within the EKiR, needs a tool with which the consequences of regulatory projects can be systematically recorded and assessed. This should make it easier to identify potential implementation problems at an early stage so that they can be taken into account in the legislative process. In order to meet this need, the EKiR has commissioned the National Institute for Public Administration Germany to develop a bespoke tool for prospective and accompanying legislative impact assessments that is specifically tailored to ecclesiastical legislation.
Evaluation of the administrative regulation on public consultation
On behalf of the State Ministry of Baden-Württemberg, the National Institute for Public Administration Germany is evaluating the 'Administrative regulation on public consultation' to regulate non-formal public consultation and the 'Guidance for a new planning culture'. The three-year evaluation comprehensively examines the current procedures of the regional councils in Baden-Württemberg with the help of questionnaires and guided interviews. In addition, all resource requirements (working hours), overheads (such as coordination tasks and training) and other important consultation measures (impact on third parties in accordance with Section 10 of the Federal Emission Control Act (BImSchG), impact in the area of planning approval procedures and regional planning procedures as well as consultation measures undertaken by the approval authorities for third parties) are included.
Development of guidance for the implementation of ex-post evaluations of legislation, with particular attention to the impact on data protection.
In recent years, the quality of legislation has come under increasing criticism. In the context of the better regulation agenda, measures have been introduced to improve the overall quality of legislation. Impact assessment has been identified as a key tool for optimising legislation and is repeatedly mentioned as a core element of such an approach. In addition, questions about the impact of legislation on data protection, especially in the security sector, have recently emerged as a prominent topic in public and political discourse. Against this background, the Federal Commissioner for Data Protection and Freedom of Information (BfDI) commissioned the National Institute for Public Administration Germany to develop guidance for the implementation of ex-post evaluations of legislation, with a particular focus on data protection impact assessments.
Equality check: Research project on organisational design and institutional anchoring
In 2021, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Familie, Senioren, Frauen und Jugend - BMFSFJ) published a guidance document on the implementation of a gender-sensitive impact assessment of legislation. The guide offers direction throughout the legislative process as to whether and what gender equality-specific effects are to be expected, as well as how the gender equality impact of a regulation can be enhanced when the Federal Government is engaged in drafting a regulation. The objective of the study was twofold: firstly, to examine the prerequisites for incorporating an assessment requirement in government regulatory projects and secondly, to identify the conditions that must be met for the gender perspective to become a permanent feature of the Federal Government's decision-making process in the future.
Public values and the attractiveness of the public sector in European comparison
At the heart of public values, which in simple terms can be understood as the principles that the general public consider beneficial to community life, is the orientation of state action towards the common good. This in turn is secured and promoted by a number of principles, such as adherence to the constitution and the law, loyalty to one's employer and meritocracy, which hence can also be seen as public values in a broader sense. One focus of the analysis will centre around the discussion of public values in the context of a leadership role in the public sector. The question of the general expectation of public sector managers, their ethical commitment and the optimal institutional conditions for value-based management will be explored. In addition, the role of soft law and the relationship between administrative law (administrative regulations, ministerial circulars, etc.) and provisions with external effects will be examined.
Rückblick: Spotlight on Dark Patterns: What can the ePrivacy Regulation do?
The 'Dark Pattern Detection Project' (Dapde) at the National Institute for Public Administration Germany (Prof. Dr Mario Martini) invited interested parties and stakeholders on 26 May 2021 together with the Next Generation Internet Initiative (NGI) of the EU Commission to the panel discussion: 'Spotlight on dark patterns: What can the ePrivacy Regulation do?' The focus was on the question of how far the new ePrivacy Regulation can effectively limit dark patterns in the area of cookie consent and where there is a need to catch up.
Start of the evaluation of the Open Data Act - (Offene-Daten-Gesetz - ODaG) Schleswig-Holstein
The kick-off workshop for the project 'Evaluation of the implementation status of the Schleswig-Holstein Open Data Act (ODaG)', was held on 30 January 2023. The act, which came into force in April of last year, regulates the provision of public data to be published on the Schleswig-Holstein Open Data Portal.
New project on assessing the gender-sensitive impact of legislation
The German government has set itself the goal of assessing the gender impact of legislation at the drafting stage. To this end, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) published a guidance document in 2021 on how to assess the impact of legislation from a gender perspective. This provides federal ministries with a comprehensive checklist and detailed guidance on how to assess the impact of their regulations on gender equality.
Retrospective: Closing conference on the evaluation of the Planning Assurance Act (PlanSiG)
With the Planning Assurance Act (PlanSiG), the legislator provides a legal framework for the rapid and lawful implementation of planning and approval procedures, taking into account the need for infection control measures during the ongoing COVID-19 pandemic. The main provisions of the PlanSiG expire on 31 December 2022. Against this background, the Federal Ministry of the Interior and Community (Bundesministeriums des Innern und für Heimat - BMI) commissioned the National Institute for Public Administration Germany to evaluate the PlanSiG in November 2021. The evaluation, entitled 'Evaluation of the Planning Assurance Act: Experiences with the implementation of digital forms of public participation in planning and approval procedures', the results of the evaluation, which are intended to serve the legislator as a basis for decision-making for the development of legal regulations for the digital optimisation of public participation in planning and approval procedures, were presented to an expert audience and discussed with representatives from public authorities and project developers.
