Political stability and fiscal policy: time series evidence for the Swiss federal level since 1849

This paper explores the role of political stability on fiscal policy in a time-series analysis over 158 years at the Swiss federal level. We argue that the fiscal commons problem of public finances is affected by the number of years a finance minister remains in office, because the incentives for an incumbent to maintain a good reputation with sound policy decisions are stronger. A finance minister who succeeds to stay a long time in office enjoys a politically powerful position towards the administration, parliament and interest groups. In contrast, frequent government turnover weakens the position of the finance minister.     

International terrorism as a force of homogenization? A constructivist approach to understanding cross-national threat perceptions and responses

Has the emergence of international jihadist terrorism led to common threat perceptions and responses in Europe? The article argues that the homogenization thesis is based around a misguided functionalist notion of a single ‘optimal response’ to an alleged new and potentially catastrophic kind of threat with uniform consequences for all ‘Western’ countries. Drawing on insights from different bodies of literature, the article elaborates a theoretical framework to understand variations in threat perceptions vis-à-vis international terrorism and enrich the socio-linguistic securitization approach of Barry Buzan, Ole Wæver and Jaap de Wilde (Security: a new framework for analysis, London: Lynne Reinner, 1998). The article then empirically examines the rise and fall of threat perceptions among selected European publics between 2000 and 2008. Threat perceptions did converge in the aftermath of the 9/11 attacks, but soon afterward started diverging. The article considers the reasons for this finding as well as the implication for the evolution of counter-terrorist policies in the European Union.     

The recognition and protection of well-known trade marks in Indonesia

Legal context: The recognition and protection of well-known marks in Indonesiahas improved over the last few years for a variety of reasons. Key points: First, the Asian Crisis resulted in the creation of a CommercialCourt, which is a clear improvement over the previously responsibleDistrict Courts. Secondly, the increasingly frequent publicationof court decisions has improved transparency and consistencyof those decisions. Well-known marks are now clearly protectedagainst use for similar goods/services. Protection is extendedto dissimilar goods/services by applying Article 16(3) TRIPSdirectly or by arguing that registration occurred in bad faith.Nevertheless, decisions thus far concern almost exclusivelyrevocation and invalidity of registrations. Civil remedies suchas damages and interim injunctions are hardly used, becausethe outdated civil procedural law has not familiarised judgeswith such legal instruments. Clearing the register of infringingregistrations is another matter of concern. Cancellation fornon-use for three consecutive years can be difficult, becausethe plaintiff is required to provide evidence of the last usein the production of the goods/services rather than in the courseof trade more generally. Practical significance: While it has become much easier to protect well-known marksin Indonesia, much work remains to be done regarding the proceduralframework of civil infringement proceedings and regarding theclearing of the register.     

Die österreichischen Höchstgerichte und deren Verhältnis zueinander

Ohne Zusammenfassung     

Dangerous Dicta? Verfassungsvergleichung in der Rechtsprechung des US Supreme Court

Die Frage nach der Zulässigkeit rechtsvergleichender Überlegungen in Entscheidungen des US Supreme Court ist innerhalb der letzten Jahre zusehends ins Zentrum öffentlicher Debatten gerückt. Der nachfolgende Beitrag zeigt, dass Rechtsvergleichung jedoch keineswegs erst seit Kurzem als Instrument der Rechtsprechung des US-amerikanischen Höchstgerichts herangezogen wird, sondern vielmehr auf eine lange Tradition zurückblicken kann und skizziert die Entwicklung bis zum gegenwärtigen Stand der Diskussion.     

Rhetoric or Reality? ‘New Governance’ in EU Environmental Policy

Abstract:  When scrutinising the literature on EU environmental policy, it becomes apparent that there has been a comprehensive transition in underlying governance ideas during the last two decades. At the core of these changes is the abolition of traditional patterns of interventionist command-and-control regulation in favour of economic instruments and 'context-oriented' governance. In view of these developments, this article has two objectives: first, it looks into which causes and factors initiated these discussions; second, it analyses the effects these reform ideas had on actual patterns of governance. As will be shown, changes in governance ideas are only partially expressed in changes in policy instruments.     

Screening and detection of amphetamine derivatives in biological stains

A GC/MS-method is described for the screening, detection and determination of the commonly used drugs amphetamine, methamphetamine, MDA, MDMA and MBDB in small blood samples and bloodstains using solid phase SPE columns and a pipetting robot (Gilson Aspec XL). The detection limits are in the order of 0.03 to 0.08 microgram/L and the correlation factors between 0.9982 and 0.9998. Furthermore the stability was investigated covering a storage time of 64 days. The method has proven useful in forensic cases with only small sample volumes or bloodstains.     

All Bark and No Bite: Notes on the Federal Constitutional Court's 'Banana Decision'

The Federal Constitutional Court's banana decision of 7 June 2000 continues the complex theme of national fundamental‐rights control over Community law. Whereas in the ‘Solange II’ decision (BVerfGE 73, 339) the Federal Constitutional Court had lowered its standard of review to the general guarantee of the constitutionally mandatorily required minimum, the Maastricht judgment (BVerfGE 89, 155) had raised doubts as to the continued validity of this case law. In the banana decision, which was based on the submission of the EC banana market regulation by the Frankfurt‐am‐Main administrative court for constitutional review, the Federal Constitutional Court has now confirmed the ‘Solange II’decision and restrictively specified the admissibility conditions for constitutional review of Community law as follows. Constitutional complaints and judicial applications for review of European legislation alleging fundamental‐rights infringements are inadmissible unless they show that the development of European law including Court of Justice case law has since the ‘Solange II’ decision generally fallen below the mandatorily required fundamental‐rights standard of the Basic Law in a given field. This would require a comprehensive comparison of European and national fundamental‐rights protection. This paper criticises this formula as being logically problematic and scarcely compatible with the Basic Law. Starting from the position that national constitutional courts active even in European matters should be among the essential vertical ‘checks and balances’ in the European multi‐level system, a practical alternative to the Federal Constitutional Court's retreat is developed. This involves at the first stage a submission by the Federal Constitutional Court to the Court of Justice, something that in the banana case might have taken up questions on the method of fundamental‐rights review and the internal Community effect of WTO dispute settlement decisions. Should national constitutional identity not be upheld even by this, then at a second stage, as ultima ratio taking recourse to general international law, the call is made for the decision of constitutional conflicts by an independent mediating body.