Das Umwelt-Rechtsbehelfsgesetz

Mit dem Gesetz über erg?nzende Vorschriften zu Rechtsbehelfen in Umweltangelegenheiten nach der EG-Richtlinie 2003/35/EG – Umwelt-Rechtsbehelfsgesetz vom 7. Dezember 2006 kommt der deutsche Gesetzgeber seiner Pflicht zur Umsetzung der Rechtsschutzanforderungen der ?ffentlichkeitsbeteiligungsrichtlinie und der sog. dritten S?ule der Aarhus-Konvention nach. Im Zentrum des Umwelt-Rechtsbehelfsgesetzes steht die Einführung einer Umwelt-Verbandsklage für anerkannte Vereinigungen, mit der die Aufhebung von Genehmigungen für eine Vielzahl von der UVP- und IVU-Richtlinie unterfallenden Industrieanlagen und Infrastrukturvorhaben begehrt werden kann. Zwar muss der Verband – wie bei der altruistischen Vereinsklage im Naturschutzrecht – keine eigene Rechtsverletzung geltend machen; seine Rügebefugnis ist aber beschr?nkt auf Verletzungen drittschützender Normen. Eine objektive Beanstandungsfunktion kommt dem Umwelt-Rechtsbehelf nicht zu. Ob ein Verbandsrechtsbehelf, der eine derartige Zwitterstellung zwischen subjektivem und objektivem Rechtsschutz einnimmt, mit dem V?lker- und Gemeinschaftsrecht vereinbar ist, birgt Zweifel. Darüber hinaus verursacht diese neuartige Konstruktion rechtssystematische Friktionen innerhalb eines im Entstehen begriffenen Systems überindividuellen Rechtsschutzes.     

Incremental and cyclical developments in public expenditure in West Germany

Abstract. The 'cyclical' effect covered in this paper deals with the development of public expenditure in West Germany in combination with the timing of elections. The underlying hypotheses on the cyclical development of certain expenditures are based on the 'New Political Economy' literature. This approach is then contrasted with the theory of budgetary incrementalism, an alternative mode of explanation of public sector growth. The data are tested to see whether a cyclical or linear model is more appropriate for describing public expenditure developments.     

‘Big sisters’ are better domestic servants?! comments on the booming au pair business

This paper attempts to describe the present situation in the women's movement in Serbia and Montenegro and to tackle questions about its future, on the basis of a sociological study of newly formed women's groups. In the past, the women's movement in these societies has surged several times, only to be completely annulled, and its proponents falling to oblivion. Now, for the first time ever, the seeds of the movement originating from the long gone period of the socialist regime in Yugoslavia have survived the turmoil of disintegration and wars, and are germinating as women's groups and networks spring up alongside are being formed. The crucial task for the future will be strengthening this fragile and diffused network structure and laying down solid foundations for a movement with proper institutional mechanisms on a nation/state level. This investigation examined the prerequisites for this: firstly by examining the visibility and distinguishing features of women's groups and their activities in their current local environment; and secondly, by assessing activists' clear acceptance of feminist (and their groups') self-determination, which confront existing social attitudes towards feminist identities. In both respects, considerable advances towards a broader and clearer recognition of the aims and essence of women's groups' activities are identified, in spite of the ever-present traditional and ideological resistance to this type of women's engagement.     

When benefitting a patient increases the risk for harm for third persons — The case of treating pedophilic Parkinsonian patients with deep brain stimulation

This paper investigates the question whether it is ethically justified to treat Parkinsonian patients with known or suspected pedophilia with deep brain stimulation — given increasing evidence that this treatment might cause impulse control disorders, disinhibition, and hypersexuality. This specific question is not as exotic as it looks at a first glance. First, the same issue is raised for all other types of sexual orientation or behavior which imply a high risk for harming other persons, e.g. sexual sadism. Second, there are also several (psychotropic) drugs as well as legal and illegal leisure drugs which bear severe risks for other persons. We show that Beauchamp and Childress' biomedical ethics fails to derive a veto against medical interventions which produce risks for third persons by making the patients dangerous to others. Therefore, our case discussion reveals a blind spot of the ethics of principles. Although the first intuition might be to forbid the application of deep brain stimulation to pedophilic patients, we argue against such a simple way out, since in some patients the reduction of dopaminergic drugs allowed by deep brain stimulation of the nucleus subthalamicus improves impulsive control disorders, including hypersexuality. Therefore, we propose a strategy consisting of three steps: (1) risk assessment, (2) shared decision-making, and (3) risk management and safeguards.     

Analysing multimodality in an interactive digital environment: software as a meta-semiotic tool

The present paper discusses issues arising from the use of an interactive digital software tool to analyse multimodal communication. The focus is on the ways in which such technical resources and associated techniques enable the analyst of social semiosis to apply different types of analysis, and provide the site for critical reflection upon the results of such analyses. The aim is to present an argument for the use of an interactive digital software application as a meta-semiotic tool. Three major challenges for scholars engaged in multimodal social semiotics are addressed in pursuing this aim, specifically with reference to the development of digital interactive analytical resources. Firstly, scholars are faced with the task of not only accounting for an increasing range of semiotic resources, but also for the way different semiotic phenomena interact to produce meaning. Secondly, the multimodal semiotician has a broad range of analytical approaches potentially relevant to any task to draw upon. Thirdly, the nature of contemporary media forms offer challenges themselves in terms of access, analysis and presentation of analysis.     

Recovery of Trace DNA on Clothing: A Comparison of Mini‐tape Lifting and Three Other Forensic Evidence Collection Techniques

Trace DNA is often found in forensic science investigations. Experience has shown that it is difficult to retrieve a DNA profile when trace DNA is collected from clothing. The aim of this study was to compare four different DNA collection techniques on six different types of clothing in order to determine the best trace DNA recovery method. The classical stain recovery technique using a wet cotton swab was tested against dry swabbing, scraping and a new method, referred to as the mini‐tape lifting technique. Physical contact was simulated with three different “perpetrators” on 18 machine‐washed garments. DNA was collected with the four different DNA recovery methods and subjected to standard PCR‐based DNA profiling. The comparison of STR results showed best results for the mini‐tape lifting and scraping methods independent of the type of clothing. The new mini‐tape lifting technique proved to be an easy and reliable DNA collection method for textiles.     

Combining work and family in the Netherlands: Blessing or burden for one's mental health?

In this article we study which characteristics of combining work and family put people at risk for mental illness. Two alternative perspectives on the impact of multiple social roles on mental health are tested: the role accumulation perspective and the role strain perspective. Both perspectives are studied with data from a cross-sectional national survey held among a large, representative sample of Dutch people (N=1008). Multivariate analyses provided support for both perspectives. Having more social roles was related to better mental health. We also found a positive mental health effect of having a full-time job in combination with having children. However, having a partner who contributes less to household duties or having a job with low decision latitude or lower skill discretion was related to mental illness. So, certain aspects of social roles may also threaten people's mental health. Overall, our findings do not support the idea that combining work and family is necessarily a burden and harmful for people's mental health. Whether multiple social roles are a blessing or burden for people's mental health seems to depend on the characteristics of the social roles.     

The difficult issue of age assessment on pedo-pornographic material

The issue of juvenile pornography has seen an increase in the past few years of the number of expert opinions requested to forensic pathologists, paediatricians and other various experts within the forensic and medical fields concerning the age of represented individuals. Regardless of the entity of the problem, no actual method exists which can allow us to give an objective and scientific answer, particularly in the postpubertal stage. Using parameters related to sexual maturation can be very dangerous. Nonetheless some experts still insist with similar types of “expertises”. This study aims at verifying the ability of different experts in assessing age of postpubertal individuals represented in pornographic material. Results underline the difficulties and major uncertainties of age evaluation by visual observation of photographic material particularly when the subjects have reached the sexual maturation stage – and therefore in verifying whether the individual is above or below 18 years of age (an important age limit for most European countries as far as this type of crime is concerned). Furthermore the study stresses the need both to search for an alternate approach and to apply extreme caution in judicial evaluation.