Das Regieren jenseits des Nationalstaates und der Mythos einer 80-Prozent-Europäisierung in Deutschland

Governance beyond the nation state is intensively discussed with regard to the degree of Europeanization of the member states. For some scholars, the Europeanization degree of German legislation has already reached a share of 80 percent. This article applies a quantitative perspective and investigates, whether and to what extent German legislation has been stimulated by European impulses over the past 30 years. In contrast to previous studies, the analysis distinguishes between regular and important legislation and examines whether and to what extent European impulses are induced by EU legislation. The results reveal that previous estimates have dramatically overstated the influence of Europeanization on German legislation. According to our findings, a share of 80 percent has only once occurred in a single policy domain. Usually, this share is significantly lower, in particular for important legislation. Moreover, it is only possible to identify the reasons for half of the Europeanization impulses in the respective EU legislative database.     

An Algebraic Analysis of Normative Systems

In the present paper we study how subsystems of a normative system can be combined, and the role of such combinations for the understanding of hypothetical legal consequences. A combination of two subsystems is often accomplished by a normative correlation or an intermediate concept. To obtain a detailed analysis of such phenomena we use an algebraic framework. Normative systems are represented as algebraic structures over sets of conditions. This representation makes it possible to study normative systems using an extension of the theory of Boolean algebras, called the theory of Boolean quasi-orderings.     

The European constitution project from the perspective of constitutional political economy

Three topics of a European constitution are discussed. First, basic arguments from constitutional political economy that aim at restricting representatives’ potential misuse of powers in a European Union with extended competencies are summarized. Since a European demos does not yet exist, an extension of competencies of the European Parliament is not sufficient in order to legitimate political decisions at the EU level. The introduction of elements of direct democracy in the European constitution would shape the creation of such a demos and lead to a stronger control of the European legislature and executive. Second, the introduction of direct democracy in the European constitution is proposed in order to reduce the European democratic deficit. Third, the creation of a European federation requires a more transparent assignment of competencies and rules to resolve conflicts between different centers of power. A European federation should be organized according to the principles of competitive federalism.     

SWEDISH DISARMAMENT POLICY AND WEAPONS EXPORTS,INVESTIGATED FROM A LARGE TECHNICAL SYSTEMS PERSPECTIVE

Disarmament policy is an established field in international relations. From the perspective of Swedish foreign policy, earlier an intense attention was given to this field, but it has now lost priority. This paper seeks to systematize some determinants in this development. One important factor is the increasing role of weapons exports--in terms of jobs, export income and technical development. The technical element is of decisive importance in combination with international law and international organizations. The analysis is based on concepts and theories from the research tradition Large Technical Systems.     

IT-related Crime – Old Crimes in a New Guise,But New Directions Too!

This article constitutes an attempt to describe the nature of IT-related crime and how it is likely to evolve in the future. By means of a number of empirical studies, the authors have attempted to estimate the prevalence of a number of different IT-related incidents and offences in Sweden during the period 1997-1998. The article shows that IT-related crime consists to a large extent of less serious offences. One might say that everyday crime has expanded into a new technological environment. Parts of the study nonetheless indicate that there are more serious IT-related offences being committed. In this regard the authors' focus is on offences related to the most valuable commodity in modern society, information. On the basis of the empirical studies, two different developmental patterns are identified; the first of these involves everything carrying on much the same as before, with no real evidence of any radical shift taking place; the second involves society going through a period of relatively comprehensive structural and technological change, which in turn is creating new and dangerous opportunity structures for crime.