Yet another coup d'État in Germany? Schröder's vote of confidence and parliamentary government in Germany

According to some political commentators Gerhard Schröder's decision in May 2005 to use a ‘false’ vote of confidence in order to have the Bundestag dissolved was nothing less than a coup d'état. From this vantage point an incumbent chancellor had put party interests above crucial aspects of the Basic Law. The debate ensuing Schröder's decision is, thus, to be understood as a variation of a controversy about the legitimate power of parties in the political system, i.e. about the essence of the parliamentary form of government in Germany. In order to bring these issues to the fore the article first describes the chronology of events triggered by Gerhard Schröder's (and Franz Müntefering's) announcements on 22 May 2005. It then examines the five motions for a vote of confidence that have been brought to the floor of the Bundestag since 1949. Finally, it discusses the question of whether the Bundestag should receive the constitutional right to dissolve itself. Overall the analysis supports the view that the vote of confidence has been totally subsumed under the logic of parliamentary government in Germany.     

Custodial Sovereignty: Reconciling Sovereignty and Global Environmental Challenges amongst the Vestiges of Colonialism

Netherlands International Law Review -     

Determination of blood/serum ratios of different forensically relevant analytes in authentic samples

For forensic toxicological investigations only whole blood, but no serum is often available. Pharmacokinetic data are helpful for interpreting the results, but most of these studies indicate serum or plasma concentrations. In order to obtain reliable conversion factors which also take intersubject variability into account, the blood/serum ratios (B/S) of oxycodone, morphine, fentanyl, hydromorphone, zopiclone, MDMA, dexamphetamine, alprazolam, risperidone and 9-hydroxyrisperidone were determined by LC-MS/MS using authentic samples. Blood and corresponding serum samples were obtained from driving studies performed with controlled or known dosages of the above drugs. The analytes were analysed in blood and serum and the following mean B/S ratios (relative standard deviations) were determined: oxycodone 1.48 (8.19 %); morphine 1.03 (3.59 %); fentanyl 0.87 (13.9 %); hydromorphone 1.04 (8.11 %); zopiclone 0.89 (16.1 %); MDMA 1.19 (8.04 %); dexamphetamine 0.89 (10.9 %); alprazolam 0.81 (5.84 %); risperidone 0.65 (7.52 %); 9-hydroxyrisperidone 0.73 (12.3 %). These mean values are largely in line with those reported in the literature. The B/S ratios did not appear to depend on partition coefficients, whereas there was strong evidence that B/S ratios decreased with increasing plasma protein binding.     

A European Constitutional Patriotism? The Case Restated

Abstract:  Especially since the failure of the European Constitutional Treaty, the idea of a European constitutional patriotism has become subject to ever more intense criticism. This article argues that many of the criticisms of the idea of a European constitutional patriotism have been based on philosophical misunderstandings (both of the notion of constitutional patriotism as such, and of the role it could play in Europe) or rely on implausible empirical claims. Accordingly, the normative idea of constitutional patriotism is first clarified; second, the article discusses some of the most common normative and empirical traps when trying to 'transfer' constitutional patriotism from a domestic nation-state context to the supranational level, as well as the tendency to overburden constitutional patriotism with expectations of solidarity and deliberative democracy; third, an EU-specific post-sovereign, pluralist version of constitutional patriotism is defended against critics who see even such a vision as insufficiently sensitive to value pluralism and cultural diversity.