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.     

Establishing Tobacco Origin from Pollen Identification: An Approach to Resolving the Debate

Previous research into pollen content of tobacco resulted in a debate. We address this debate and determine that pollen analysis may be able to assist with identifying geographical origin of tobacco. However, the value of any results should be assessed on a case‐by‐case regional basis until sufficient database information is available for an objective interpretation to be undertaken on a global basis. As a first step toward developing comparative data for South America, we analyzed a tobacco sample from Brazil in an effort to identify signature taxa from the state of Minas Gerais. We also assessed the role of honey additives to tobacco to assess this issue. Comparing the data to previously published data, we conclude that pollen signatures can distinguish broad geographic areas. We conclude that this forensic interpretation framework needs to be developed in context of the National Academy of Sciences recommendations for tightening methods in forensic science.     

Reform of forensic autopsy in the German Code of Criminal Procedure

The Federal Ministry of Justice has presented another proposal to rephrase the wording of Section 87 of the German Code of Criminal Procedure (StPO). The new version of Section 87 StPO is to be rejected as it would lead to a loss of institutional and professional standards. The bill is clearly influenced by a tendency towards privatisation for the benefit of a small group of specialists in forensic medicine mostly organised in limited liability companies and thus at the expense of institutes of legal medicine affiliated to universities or physicians working in the forensic service of regional courts. In the long run, this reform would not only jeopardize medicolegal research and teaching but also medical education and specialist medical training. For future severe negative consequences would have to be expected on the rule of law and legal certainty.     

Japan's quest for a permanent seat on the Security Council

In an age of declining American power, more Japanese are now understanding the need for multilateral diplomacy, according to Professor Reinhard Drifte, Chair of Japanese Studies in the Department of Politics at the University of Newcastle upon Tyne, UK. In this analysis of Japan's quest for a permanent Security Council seat, Drifte argues that Japan has to move beyond making simply monetary and procedural contributions to the United Nations, to a position of being ready to offer substantive policy input. For this to happen, he says the whole Japanese policy culture has to change.     

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.     

Tooth eruption times of permanent teeth in male and female adolescents in Niedersachsen

The aim of this study was to determine the eruption times of permanent teeth, excluding third molars, in a defined area population of a country district in Lower Saxony. The authors investigated 2495 oral findings of 664 patients (male 315, female 349) in a longitudinal study. The minimum age was 3.00 years and the maximum age 24.00 years. The dental findings were collected over a period of about 20 years (1980-2002). The oral findings per child/adolescent were assessed between one and 16 times. The eruption times of teeth in females are earlier than those for the same teeth in males. Further, the permanent dentition in females is completed earlier than in males. The tooth eruption occurs symmetrically in both jaws. The comparison of both jaws revealed a slightly advanced eruption of the lower jaw teeth for both sexes. There is a noteworthy change in the eruption sequence of the teeth. In contrast to other reports we determined that the eruption of the canine proceeds the eruption of the second premolar. We found no acceleration of the dentition when compared to other reports and confirmed the rules of tooth eruption in man. Oral examination of teeth is a simple tool to calculate tooth eruption intervals. This first investigation on a population of Lower Saxony revealed a change in the eruption sequence of permanent teeth. The findings are relevant for dental treatment planning and should be reconfirmed at certain intervals.