Verwaltungsgerichtliche Normenkontrolle Privater gegen Raumordnungs- und Flächennutzungspläne*

Aktuelle Entwicklungen in Gesetzgebung, Planungspraxis, Fachliteratur und Rechtsprechung geben Anlass, der Frage des Rechtsschutzes Privater gegen Raumordnungs- und Flächennutzungspläne nach § 47 VwGO erhöhte Aufmerksamkeit zu widmen. Es zeichnet sich derzeit ab, dass es in dieser Frage zu einem grundlegenden Wandel der bisherigen rechtlichen Beurteilung kommt. * Die Abhandlung beruht auf einem Vortrag, den der Verfasser bei dem von Professor Dr. Wilfried Erbguth geleiteten Rostocker Umweltrechtstag (30. 4. 2004) gehalten hat.     

Der Wechsel von einer Pensionskasse in eine betriebliche Kollektivversicherung bei aufrechtem Arbeitsvertrag

Der Gesetzgeber hat die Problematik eines Wechsels bei aufrechtem Arbeitsvertrag aus einer bestehenden Pensionskassen-(PK-)Zusage in eine andere PK oder eine andere Form der betrieblichen Altersvorsorge, insb in eine betriebliche Kollektivversicherung (bKV), nur partiell geregelt. Einzugehen ist im Rahmen dieser Untersuchung auf die bestehenden rechtlichen Rahmenbedingungen für einen solchen Wechsel sowie auf einen inoffiziellen Ministerialentwurf, der weitergehende Wechselm?glichkeiten schaffen soll.     

The right of withdrawal under the Consumer Rights Directive as a tool to protect consumers concluding a distance contract

Since 1997, the European legislator has aimed to protect consumers concluding a distance contract amongst others by entitling them to withdraw from the contract. First, this paper analyses the right of withdrawal as it is incorporated in the 2011 Consumer Rights Directive (CRD). This paper illustrates that, compared to the 1997 Distance Selling Directive, the CRD, contains more detailed rules, offering some useful clarifications. Further, this paper shows that the CRD slightly increases consumer protection, for example by determining that the mere beginning of performance under a services contract does not lead to the loss of the right to withdraw from the contract. However, consumers are also at risk where, without any explicit warning, they are held liable for the diminished value of the goods used during the withdrawal period. In a second part of the article, it is argued that the full harmonization approach should have been limited to the technical aspects of the withdrawal right, in order to avoid a reduction of consumer protection in some Member States. Finally, this paper shows that the CRD not always sufficiently takes into account the objectives pursued with the right of withdrawal as a tool to protect consumers concluding a distance contract.     

Pathways of Intergenerational Transmission of Advantages during Adolescence: Social Background,Cognitive Ability,and Educational Attainment

Educational attainment in adolescence is of paramount importance for attaining higher education and for shaping subsequent life chances. Sociological accounts focus on the role of differences in socioeconomic resources in intergenerational reproduction of educational inequalities. These often disregard the intergenerational transmission of cognitive ability and the importance of children’s cognitive ability to educational attainment. Psychological perspectives stress the importance of cognitive ability for educational attainment but underemphasize potentially different roles of specific socioeconomic resources in shaping educational outcomes, as well as individual differences in cognitive ability. By integrating two strands of research, a clearer picture of the pathways linking the family of origin, cognitive ability, and early educational outcomes can be reached. Using the population-based TwinLife study in Germany, we investigated multidimensional pathways linking parental socioeconomic position to their children’s cognitive ability and academic track attendance in the secondary school. The sample included twins (N?=?4008), respectively ages 11 and 17, and siblings (N?=?801). We observed strong genetic influences on cognitive ability, whereas shared environmental influences were much more important for academic tracking. In multilevel analyses, separate dimensions of socioeconomic resources influenced child cognitive ability, controlling parental cognitive ability. Controlling adolescent cognitive ability and parental cognitive ability, parental socioeconomic resources also directly affected track attendance. This indicated that it is crucial to investigate the intertwined influences on educational outcomes in adolescence of both cognitive ability and the characteristics of the family of origin.     

How do municipal amalgamations affect turnout in local elections? Insights from the 2015 municipal reform in the Austrian state of Styria

In this paper, we evaluate the effect of municipal amalgamations on election turnout in local elections. Following recent studies, we argue that municipal mergers can lead to less information about the election being made available to citizens and less influence for individual voters. That is, while citizens in the local context usually rely on their own direct contacts in local offices and among political candidates, the subsequent increase in population size due to a merger reduces opportunities for establishing such contacts and for having decisive influence on political decisions. Consequently, voters are less informed and less engaged, resulting in lower levels of electoral turnout in local elections. We test our argument empirically by using aggregate level data from the municipal level from the 2010 and 2015 local elections in Styria, Austria, which followed the amalgamation of some, but not all, municipalities in January 2015. The empirical results support our argument.     

Cytomegalovirus-induced pneumonia and myocarditis in three cases of suspected sudden infant death syndrome (SIDS): diagnosis by immunohistochemical techniques and molecularpathologic methods

Immunohistochemical and molecularpathologic techniques have improved the diagnosis of myocarditis as compared with conventional histologic staining methods done according to the Dallas criteria. Additionally, immunohistochemistry and in situ-hybridization are able to demonstrate viral infection, e.g. cytomegaloviruses in salivary glands and lungs, locations both known to be involved in cytomegalovirusinfection. However, in many cases of proved cytomegalovirusinfection the cause of death remains unclear. We report on three children younger than 1-year of age, who died suddenly without prodromal symptoms. Their deaths were attributed to SIDS (sudden infant death syndrome). In situ-hybridization, immunohistochemical (LCA, CD45R0, CD68, MHC-class-II-molecules, E-selectine) and molecularpathologic investigations (PCR), however, suggested that death was caused by a cytomegalovirus-induced pneumonia or myocarditis. In the future, these methods should be used for investigating cases with suspicion of SIDS.     

The Importance of Subjective Data for Public Agency Performance Evaluation

Evaluating public agency performance has typically been based on objective measurements. However, some researchers contend that evaluation is not complete without considering client perceptions of agency performance. This study supports combining subjective client perceptions with objective data in the evaluation process. Survey results and internal performance data are examined for a state agency charged with investigating citizen disputes with utility companies. Regression analyses show that the factors that most influence the client’s satisfaction with agency performance are the client’s perception of how long it took to resolve the dispute, based on survey results, and whether the case was decided in the client’s favor, from the agency’s internal records. The “real” resolution time recorded in the agency’s information system was not significant. These results indicate that subjective data provide valuable information for evaluating agency performance.