The author deals with one of the "classic" components of the state governed by law -- the principle of judges' autonomy -- using the example of the German legal system & its practice after the unification of 1990. Following a short outline of the evolution of the postulate of judges' autonomy, the author depicts the institutional framework of the present-day German judiciary, & then the quandaries ensuing from the unification of the legal systems of the two Germanies. Finally, the author describes Croatian problems. The Republic of Croatia, as a country in transition, & due to the specific circumstances caused by the Patriotic War, has found itself in a similar predicament. It has responded to these challenges, but not as successfully as Germany. Adapted from the source document.
In recent German history, several events unfolded on 9 November with far-reaching consequences. Some of them, like the fall of the Berlin Wall, symbolize the end of the Cold War and of Germany divided. In addition to political implications, the fall of the Berlin Wall, or the events that preceded and followed it, also caused dilemmas on whether it was a (peaceful) revolution, (just) a turning point, or a refolution – pressure from below and reforms from above. The paper analyses events prior to and following the fall of the Berlin Wall, as well as the terms used for them in basic programs of the parties represented in the 19th electoral term of the Bundestag and the curricula of different school subjects in German states. It is concluded these parties use different terms for the events of 1989/90 on the territory of the former GDR, in accordance with their ideological positions, and that the events are inconsistently described in the curricula. The character of events was a revolutionary one, as they thoroughly changed the social and political relations in the GDR in a very short time. Despite this, the phrase "peaceful revolution" is still not present in the German language as a widespread, general term, but the rather vague "turning point" or "reversal" is more common. ; Devetoga studenog u novijoj njemačkoj povijesti odigrali su se događaji koji su imali dalekosežne posljedice za Njemačku, a neki od njih, poput pada Berlinskoga zida, simbol su završetka hladnog rata i podjele Njemačke. Osim političkih implikacija, pad Berlinskoga zida, odnosno događaji koji su mu prethodili i uslijedili, uzrokovali su i nedoumice radi li se o (miroljubivoj) revoluciji, (samo) o preokretu ili pak o refoluciji – pritisku odozdo i reformama odozgo? U radu se analiziraju događaji uoči i nakon pada Berlinskoga zida, njihovi nazivi u temeljnim programima stranaka zastupljenih u 19. sazivu Bundestaga te u kurikulima nastavnih predmeta u njemačkim pokrajinama. Zaključuje se da stranke različito nazivaju zbivanja 1989./90. godine na području bivšeg DDR-a, i to s obzirom na svoje ideološke pozicije te da se ta zbivanja vrlo neujednačeno opisuju i u kurikulima nastavnih predmeta. Ti su događaji imali revolucionarni karakter, budući da su u vrlo kratkom roku potpuno promijenjeni društveni i politički odnosi na području DDR-a, ali usprkos tome sintagma miroljubiva revolucija ipak nije ušla u raširenu opću jezičnu uporabu u njemačkom jeziku, već se uvriježio sadržajno neodređeniji pojam preokreta, tj. obrata.
The text presents the genesis of the concept of Christian democracy in Croatia, which developed under the influence of corresponding ideas from Germany, Austria, the Czech Republic, Slovakia, & particularly Slovenia. A major role in this genesis was played by a bishop from Krk, Antun Mahnic, of Slovenian descent. The author divides the development of Christian democracy in Croatia into the pre-party period (up to WWI) & the party organization following the creation of a Yugoslav state in the form of the Croatian Populist Party. This party's program is compared to the program of Radic's Croatian Peasants' Party. 7 References. Adapted from the source document.
The article discusses the historical foundations & development of the right to free development of personality guaranteed by Article 2 section 1 of the BL. Though Article 2 section 1 has remained unchanged since enactment of the BL, the right to free development of personality has been significantly developed & elaborated by the Federal Constitutional Court. On the one hand, when interpreted in conjunction with Art. 1 section 1 of the BL it protects the general right of personality, & on the other hand a broadly defined general freedom of action. Both lines of jurisprudence are supported by a large number of cases that have granted protection to a number of unspecified rights. Examples are protection of private & intimate life sphere, data protection rights, right to personal dignity, right to one's own spoken word, etc. That leads to a conclusion that any attempt to create a comprehensive formal catalogue of fundamental rights must necessarily remain incomplete. An exhaustive list of fundamental rights is possible only in absence of their concretization. As the German experience shows, any interpretation, ie, concretization of fundamental rights, necessarily leads to the change of their scope & substance. Adapted from the source document.
The Chinese Belt and Road Initiative will open new trade routes between China and the European Union (EU) and increase competition pressures on smaller EU member states. This article ranks where states like Estonia stand internationally in terms of innovativeness (and consequent competitiveness) by conducting an econometric study of patent development, education policy and research and development (R&D) expenditure policy. The authors claim that small member states such as Estonia should follow the example of countries such as Germany and adopt policies which focus more on increased public spending on R&D and innovation in public universities of science and technology, and raise support for high tech startups with a strong focus on international patenting. Member States must go further and subsidise R&D activities by focusing, inter alia, on filing of foreign patents such as triadic patents. ; The Chinese Belt and Road Initiative will open new trade routes between China and the European Union (EU) and increase competition pressures on smaller EU member states. This article ranks where states like Estonia stand internationally in terms of innovativeness (and consequent competitiveness) by conducting an econometric study of patent development, education policy and research and development (R&D) expenditure policy. The authors claim that small member states such as Estonia should follow the example of countries such as Germany and adopt policies which focus more on increased public spending on R&D and innovation in public universities of science and technology, and raise support for high tech startups with a strong focus on international patenting. Member States must go further and subsidise R&D activities by focusing, inter alia, on filing of foreign patents such as triadic patents.
The author first gives a short account of those German scientific institutions that study the history of Eastern or Southeastern Europe, including the history of Croatia. Then he lists the leading researchers & outlines the fundamental tenets of two major works of German historiography on the national identities in Dalmatia. The focus is on the research method & the used "tools." The author thinks that an interdisciplinary approach should be designed in historiographic, political science, & sociological research of the process of the formation of the Croatian national identity but also of other national identities & other modernization processes in Dalmatia. 4 References. Adapted from the source document.
(Originally published in the collection Wirklichkeit als Tabu [(Reality as a Taboo) Munich: Oldenburg, 1986].) The author argues that the word homeland disappeared from the political language & that it has been replaced by the unpolitical word: identity. This raises a question: what is identity to a German if the state cannot provide it? The consequence of Hitler's legacy is that the tradition is troublesome so that the identity is now linked with the constitution. The author looks into the idiosyncrasies of the German constitutional/legal system by which the old state thinking has been replaced with the "constitutional thinking." In this way patriotism becomes "constitutional patriotism," & the constitution becomes the homeland. The consensus about the constitution -- the result of the general acceptance of antitotalitarianism -- was challenged by students in 1968, when this antitotalitarianism was replaced by antifascism. At the same time, however, an entire political culture of disobedience against institutions evolved, & declared the constitution the "system's life's lie." The system took a long time to recover, but it rehabilitated the state authority within a constitutional state. Nevertheless, this has not restored the individuality of German statehood, ie, the state does not become the homeland. Although the author is aware that this idea is outmoded, he nevertheless points out that the consensual base would be broader if Germans were allowed to be what they are by their history & their position, & not only what they should be according to the constitution. Adapted from the source document.
The author analyzes the relationship between constitutional law & political reality. Using historical material on German constitutional legal practice to analyze this relationship, the author concludes that a good constitution can function solely in the setting of a good political culture. The citizenry of a certain political culture always goes hand in hand with a good constitution. Adapted from the source document.
The author critically analyzes Helmuth Plessner's views on the lack of a clear idea of the state in German tradition as well as the consequences of that for its development in the 20th century. The author claims that it is not so much a question of the nonexistence of the idea of the state as of the nonexistence of a democratic social stratum that would have prevented the authoritarian & later totalitarian developments. He also rejects the interpretation of history as meaningful, goal-oriented processes, since these presuppose a philosophical knowledge about the goals & purposes of an inimitable historical development, the assumption of which today cannot be methodologically vindicated by any historian. Adapted from the source document.
The author discusses the provisions of the German Constitution & the practice of the German Federal Constitutional Court relevant for ratification of the Maastricht treaty & German membership in the European Union. In that context, the Brunner case decided by the Federal Constitutional Court is discussed. This decision has removed constitutional obstacles & has confirmed the constitutionality of ratification of the Maastricht Treaty. The author suggests that the Constitutional Court has strengthened its position & defined itself as a safeguard of German state sovereignty & an obstacle to the creeping extension of powers of the EU at the expense of its member states. At the same time, Constitutional amendments were adopted to protect the German federal structure & affirm the role of German Lander in supranational decision-making processes. The author suggests that the practice of the German Federal Constitutional Court fits well in the general trend of strengthening the role of the judiciary with regard to both the national & supranational balance of power. Adapted from the source document.
The author analyzes political, philosophical, ethical, & legal implications of the trial in which, in August of 1997, some former members of the Politburo of the United Socialist Party of the former Democratic Republic of Germany were sentenced to prison terms after they had been found guilty for the murders committed by the East German border patrols when trying to prevent people from fleeing to the West. The legal grounds for such a sentence are dubious, not only because it runs counter to the ban on the retroactive enforcement of legal provisions but also because it presupposes the universal validity of the Western concept of human rights. If the intention was to react legally to what, from the Western point of view, were unpardonable acts during the communist reign, then the most prominent representatives of that system should have been -- in accordance with wartime law -- treated as enemies defeated in a (cold) war. Adapted from the source document.
The author elaborates on two central assumptions. The first (based on comparative survey results from ten postcommunist countries) is that there is a marked positive correlation between the residue of "communist legacy" in people's & the electoral success of leftist parties. Since that legacy in Croatia (& the Czech Republic) has been weakest, this is going to be an aggravating circumstance for SDP in their struggle for power. The second assumption is that the politics of leftist parties that could come to power is to shuttle between two extremes: the restoration of real-socialism in a modified form & the social-democratic model of Sweden or at least Germany. According to the author, the key agents of such politics are "neotraditionalism" & "political capitalism", both from the former system. Adapted from the source document.
