Heller,Schmitt and the Euro

Heller understood that Schmitt's ‘authoritarian state’ was in fact the liberal state in its pure form, weak in relation to the capitalist economy but strong in fending off democratic interventions in its operation. Had he lived, Heller would not have been surprised by the close affinities between Schmittian economic authoritarianism and postwar German ordoliberalism, as mediated by a figure like Alexander Rüstow. Neoliberalism as today we know it drew heavily on ordoliberal doctrine, in particular through Friedrich von Hayek who managed to merge it with Austrian economics into a powerful ideological force to replace Keynesianism after the 1970s. Today the European Union, especially in its incorporation as monetary union, closely follows the liberal‐authoritarian template as devised by Schmitt and others in the final years of the Weimar Republic. The paper shows this with reference to the five European‐level institutions that today govern the European free market while protecting it from democratic interference: the Parliament, the Council, the Commission, the European Court of Justice and the European Central Bank.     

Politische Steuerung und akteurzentrierter Institutionalismus

Der vorliegende Beitrag beschäftigt sich mit Aspekten der steuerungstheoretischen Debatte. In traditioneller Hinsicht wurde, insbesondere ausgeprägt in der kontinentaleuropäischen Diskussion, den staatlichen Administrationen eine steuerungspolitische Bedeutung beigemessen. Heute geht es jedoch darum, sich auf die steuerungspolitischen Fähigkeiten zu beziehen, die in grossen gesellschaftlichen Teilsystemen angelegt sind und Überlegungen über die Qualität von "gesellschaftlicher Selbstkoordination und -steuerung" anzustellen. Es zeigt sich ferner, wie bedeutsam die in Verhandlungssystemen (Föderalismus; Europäische Union) angelegten, polyvalenten steuerungspolitischen Potentiale und Instrumente sind.     

Towards a broad understanding of innovation and its importance for innovation policy

This paper considers the changes in the concept of innovation during recent decades and the degree to which such changes have been of significance to innovation policy. We observe that: (1) the notion of innovation in research, statistics, and policy is becoming increasingly broad; (2) while this broader notion is conceptually more adequate for understanding the complexity of innovation activity, it also makes it increasingly difficult to gain a clear, unambiguous picture of innovation activity; (3) policy concepts built upon this extended understanding of innovation are becoming more complex in terms of governance capacities, coordination capabilities, and evidence-based policy formulation. The broad perception of innovation will, in fact, require substantial innovations in political and administrative systems to apply.     

Electrospray-ionization MS/MS library of drugs as database for method development and drug identification

An ESI MS/MS library of 800 compounds has been developed and a collection of data is now available for Analyst 1.4 and higher. Compounds include forensically important drugs, such as illegal drugs, some deuterated analogues, hypnotics, amphetamines, benzodiazepines, neuroleptics, antidepressants and many others. For setting up the library of product ion spectra, 20-200 ng of the compounds have been injected either by flow injection or via a short LC-column, the precursor ions were chosen from the Q1 scan spectra, and product ion spectra were generated by CID in the collision cell using three different collision energies (20, 35 and 50 eV). Three spectra of each compound have been collected and compound names, CAS numbers, formulas and molecular weights have been added in the database, which has been generated by the Analyst software. The library can be used for compound identification during general unknown screening analysis by combination of Q1 scan techniques and subsequent MS/MS analysis in a second analytical run. Quantitative procedures for multi drug analysis using Multiple Reaction Monitoring can be established by selection of product ions and suitable collision energies from the library. For publication of the spectra, PDF-files have been generated and can be viewed on-line as supplementary data or from the website in alphabetical order: (supplementary data, should be made available via ELSEVIER-WEBSITE or via ).     

An optional European contract law code: Advantages and disadvantages

Should the EU introduce an Optional European Contract Law Code and what should it look like? By applying economic theories of federalism and regulatory competition (legal federalism), it is shown why an Optional Code would be a very suitable legal instrument within a two-level European System of Contract Laws. By allowing private parties’ choice of law to a certain extent, it can combine the most important advantages of centralisation and decentralisation of competences for legal rules. Through differentiated analyses of three kinds of contract law rules (mandatory substantive rules, mandatory information rules and facilitative law), important conclusions can be reached: which kinds of contract law rules are most suitable to be applied on an optional basis (e.g. facilitative law) and which might be less so (e.g. a core of information regulations). Furthermore a number of additional general conclusions about the design and scope of an Optional EU Code and some conclusions in regard to sales law are derived.