行政审判体制重构与司法体制改革

我国行政审判体制不仅缺乏独立性,也未顾及行政诉讼的专业性要求;建立行政法院, 改革行政审判体制既可弥补行政诉讼专业性的不足,也有利于提升行政审判机关的独立地位;这同时构 成推动司法体制改革、促进司法机关整体实现独立的必要策略选择。     

Fatality management in mass casualty incidents

Medical involvement in mass casualty incidents requires proper planning and preparedness. In disaster situations, legal aspects concerning the dead add to the general problem of a lack of time, place and resources to maintain routine working conditions, and demand authority and competence. The aspects of planning the recovery of the dead, transportation and morgue facilities, establishment of cause of death, identification, and the final disposition of the dead are discussed. The implementation of forensic mass fatality teams is felt to be the right answer for a better planning and coordination.     

The effect of ASEM on European foreign policies

This paper argues the Asia-Europe Meeting (ASEM) interregional process has had a great influence on the European partners, in fact, much greater than so far acknowledged. It gives an overview of the adaptation of European partners foreign policies towards East Asia as seen in the creation or modification of their overall strategies. It then presents in more detail the selected case studies of Spain and Sweden. The findings show that most EU partners have indeed have considered the ASEM process a useful route to advance their interests towards East Asia, and that six have created or upgraded comprehensive strategies. The two in-depth country analyses (Sweden and Spain) further substantiate the claim that the ASEM process has had an important effect on European partners. It is expected that this trend will continue.Paper presented at the 5th Pan-European Conference of the European Consortium for Political Researchs Standing group on International Relations, Den Hague, Netherlands, 9–11 September 2004.     

Kyoto,Europe?—An Economic Evaluation of the European Emission Trading Directive

To meet its obligations accepted in the Kyoto Protocol cost effectively, the European Union introduces a scheme of Greenhouse Gas Allowance Trading for its member states. This paper evaluates the cost effectiveness, ecological accuracy and dynamic incentives of this approach.The EU-emissions trading constitutes an important shift in the paradigm of environmental policy, from command and control to a market based approach. Still, the EU-system does not fully realize the economic potential of the transferable discharge permit policy. Especially, the limited scope of trading regarding geography, pollutants, sectors and activities reduces the quality of the system. Moreover, the EU-Directive is unspecific in many respects and it leaves many decisions defining the rules of the game to the individual member state. Uncertainty and heterogeneity increase transaction cost and thereby hamper the effectiveness of the system.JEL Classification: Q54, Q58, K32     

Judicial Career Incentives and Court Performance: An Empirical Study of the German Labour Courts of Appeal

This paper examines how the organization of a civil-law judiciary—the German labour court system—shapes court performance. It is argued that civil-law judiciaries can be considered as internal labour markets in which the main incentive derives from career opportunities. Resulting hypotheses are tested on data for nine German Labour Courts of Appeal (Landesarbeitsgerichte) over the period 1980–1998. Two performance measures are computed: the confirmation rate and a productivity measure. The confirmation rate captures how often decisions are upheld in an appeal at the Federal Labour Court. Court productivity is measured by a score derived via data envelopment analysis (DEA) and includes as outputs the number of finished cases and the number of published decisions. Regression analyses show: Courts employing more judges with a Ph.D. are more productive, but write decisions that are less often confirmed by the Federal Labour Court. Courts employing judges with higher ex ante promotion probabilities are less productive and write decisions that are less often confirmed.JEL Classification: J45, K31, M12     

Veit Ludwig von Seckendorff’s “Fürsten Stat” and the Duchy of Saxe-Gotha

This paper deals with the formation of the territorial state in Gotha during the time in which Veit Ludwig von Seckendorff was involved, starting in 1640, and with the relations between the theoretical explanations of the state in Seckendorff’s book “Teutscher Fürsten Stat,” first published in 1656, and his political environment in Gotha. It shows that Seckendorff’s maxims often corresponded to real politics there. But at the same time, there were grave differences in such fundamental issues as the personal regimen of the prince and the organization of the administration or the financing of the court.