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Civil Service in Transition: Privatisation or Alignment of Employment Conditions?
The role of the State as an employer requires special regulation. Traditionally, the prototypical public employee has been the civil servant, whose employment relationship had specific public-law status.
Development of a 'youth-check' in Thuringia
In order to incorporate young people's perspectives into the formulation of administrative policy in the German state of Thuringia, a process known as the 'youth-check' was developed, tested and subsequently introduced. The youth-check is a systematic method for recording and presenting the impact of draft regulations and other official/regulatory measures on young people. It has been developed as a test tool in two versions. The first is designed to assess the youth-specific consequences of legislation and policies at national level, while the second is designed to assess the impact of policies and programmes at local government level.
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.
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.
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.
Development of guidance for the evaluation of legal norms
In order to achieve high-quality legislation and to reduce the number of standards, almost all regulations and laws in North Rhine-Westphalia (NRW) have been subject to a time limit since 2005. The time limit is defined either as an expiry date or as an obligation to report by a certain date in accordance with Sec. 39(2) of the Joint Rules of Procedure of the Federal Ministries (GGO). If a temporary legal regulation is to be maintained beyond its stated expiry date, the ministry responsible is obliged to submit an evaluation of the regulation in question in order to justify its continued maintenance. An evaluation report must also be submitted as part of the aforementioned reporting obligation. In order to further improve the quality of the evaluation reports, guidance for the evaluation of legal norms in North Rhine-Westphalia (NRW) has been developed in close cooperation with the relevant departments. This guidance describes the evaluation procedure and provides information on the preparation of evaluation reports. The Ministry of the Interior of the State of North Rhine-Westphalia commissioned the National Institute for Public Administration Germany to develop the aforementioned guidance.
Ex-post evaluation of the pros and cons of environmental legislation
On 15 January 2015, the German government enacted the so-called 'bureaucracy brake'. The aim is to mitigate the long-term impact on the economy. It is of the utmost importance that the government's regulatory proposals do not lead to an increase in compliance costs. Consequently, any additional burdens must be offset by comparable reductions in regulatory requirements. This puts considerable pressure on the justification of environmental policy proposals, which are often accused of imposing costs on business that are disproportionate to their social and economic benefits. The objective of this research project, carried out in collaboration with the ZEW - Leibniz Centre for European Economic Research and the Institute for Applied Ecology (Öko-Institut e.V.), is to determine the actual relationship between the costs incurred by businesses as a result of selected environmental regulations and the overall social benefits. This will make it easier to demonstrate the added value of these environmental regulations in the context of an ex-post evaluation.
Scientific support for the evaluation of the provisions of the 6th State Act Amending the Municipalities Act of 3 June 2020
The 6th State Act amending the Municipalities Act introduced new provisions into the Municipalities Act (Sec. 35(3)), the Administrative District Code (Section 28(3) and the District Code for the Palatinate District Association (Sec. 7(4)). These enable local government bodies to make decisions by video or telephone conference or by written or electronic circular in the event of natural disasters or other extraordinary emergencies. The aforementioned Act of 17 December 2020 extended the validity of the Regulation until 31 March 2022. A retrospective impact assessment was carried out by the Ministry of the Interior of the State of Rhineland-Palatinate until November 2021. The aim was to evaluate the extent to which the regulations have achieved their intended results, to gain insights into their enforcement and to develop potential improvements. The National Institute for Public Administration Germany provided scientific support for this retrospective evaluation in the design, implementation and data collection for a standardised survey of all local governments in Rhineland-Palatinate. In addition, the National Institute for Public Administration Germany conducted guided interviews in which committee chairs and members were asked about their experiences with digital council meetings.
Updating the guidance document on regulatory impact assessment
The Joint Rules of Procedure of the Federal Ministries (GGO) lay down strict formal and substantive criteria for draft regulations of the Federal Government. These requirements include the obligation to set out the main regulatory consequences in the explanatory memorandum, as set out in Section 44 of the Joint Rules of Procedure of the Federal Ministries. In 2009, the Federal Ministry of the Interior (BMI) published its guidance document on regulatory impact assessment. This guidance contains recommendations for the structured development of content in the early stages of a regulatory procedure and for the identification of regulatory impacts. Since then, the field of regulatory impact assessment has undergone significant thematic development and further guidance has been published by various departments. In order to take into account current developments in the field of better regulation and electronic legislation, the National Institute for Public Administration Germany has now prepared a draft revision of the existing guidance document on behalf of the Federal Ministry of the Interior and Community.
The European Regulation (AI Act) came into force in August: Prof. Mario Martini (NIPAG) in conversation with the Tagesschau on the topic of 'AI Supervision in Germany'
The European AI Regulation entered into force on 1 August this year Its provisions have to be implemented on a step-by-step basis by 2027. Among other things, the question of which authority will monitor compliance in Germany needs to be clarified. Prof. Mario Martini and Dr Jonas Botta, both from the German Research Institute for Public Administration, have published a study entitled 'AI supervision for Germany - Tasks, powers and options for implementation' ('Nationale KI-Aufsicht - Aufgaben, Befugnisse und Umsetzungsoptionen'), which examines what the best solution for Germany might look like. The TV news programme Tagesschau interviews Prof. Martini.
