Pension Reform in Germany and Austria: System Change vs. Quantitative Retrenchment

This article first outlines the differences in outcome of pension reform in Germany and Austria. The 2001 German pension reform cut benefits very little, but it started a system changing transformation process by strengthening the second (occupational pensions) and third pillar (private pensions). The 2003 Austrian pension reform, pushed through against major opposition from the labour unions, contains very few elements of policy innovation, but benefits have been cut back much more significantly than in the German case. The paper explains the difference in outcomes (system change in Germany, retrenchment in Austria) by looking at the structure of political institutions. The federal government in Austria is much less constrained by formal veto players than the German government, which had to engage in extensive coalition-building to get the pension bill through the second chamber of parliament. Therefore the influence of informal veto players (mainly unions) was much higher in Germany. The impact on the reform outcome was the positive discrimination of occupational pensions and less severe cuts in the benefit levels. The concluding thesis is that for successful and long-term sustainable welfare state reform, a small number of formal veto players is a valuable resource. A large number of formal veto players is an obstacle to retrenchment reforms, although it might encourage policy innovation, because political actors will look for other policy venues to increase their leverage.     

Potential Use in Forensics of a Novel Hybrid Gelatin—Dynamic Impact Assessment

Ballistic gelatin as simulant of the human body and organs is a support in forensics. After having obtained very good results for a new gelatin‐based composite in terms of physicochemical and rheological properties, this study focused on this material's mechanical behavior during stabbing and shooting versus bovine and porcine organs and standard ballistic gelatin. The hybrid gelatin has a predominantly elastic behavior at 23°C, whereas the elastic modulus becomes practically constant in the 10–0.1 Hz frequency range. In terms of stabbing behavior, the small variations obtained between porcine organs and surrogate are below 5%, the perforation indicating a good similarity. From the ballistic test results using 10 × 28T rubber balls, it has been seen that the hybrid ballistic gelatin conducts to more reliable and reproducible values of perforation/penetration versus standard gelatin, making from it a real candidate for use in forensic tests.     

Trade mark use in transit: EU-phony or cacophony?

Legal context The present article discusses the opinion of Advocate-GeneralJacobs in Case C-405/05 Class International BV v Unilever NVand others, according to which trade mark owners cannot opposethe entry into the European Union of grey market non-Communitygoods placed in external transit, on the grounds of Article5(1) of the Trade Mark Directive, or any equivalent provision,as such entry does not constitute trade mark use. Key points We examine the consistency of this approach withprior case law of the European Court of Justice, namely in theCommission v France, Rioglass, The Polo/Lauren and Rolex casesand draw a parallelism with Council Regulation (EC) 1383/2003. Practical significance We conclude that trade mark owners shouldbe allowed to prohibit the placing in transit of goods whichwould infringe an intellectual property right under the lawof the transit country, unless the owner or consignor of thelitigious goods can undeniably prove that the goods are notdestined for the internal market. Stop press. At the end of the article the authors provide abrief analysis of the European Court of Justice's decision of18th October 2005 in this case.     

Der Gebiets- und der Artenschutz der FFH-Richtlinie im Lichte der Urteile des EuGH in den Vertragsverletzungsverfahren Rs. C-6/04 gegen das Vereinigte Königreich und Rs. C-98/03 gegen Deutschland

Die Urteile des EuGH in den Vertragsverletzungsverfahren Rs. C-6/04 gegen das Vereinigte K?nigreich von Gro?britannien und Nordirland und Rs. C-98/03 gegen Deutschland enthalten überaus bedeutsame und weitreichende Fortentwicklungen des Rechts der FFH-RL zu den Anforderungen an den Gebietsund den Artenschutz. Mit den Urteilen folgt der EuGH seiner im Severn Estuar-Urteil (Rs. C-371/981) eingeleiteten und im Wattenmeer-Urteil (Rs. C-127/022) fortgesetzten, naturschutzfachlich überaus anspruchsvollen, für den weiteren Vollzug der Richtlinie in den Mitgliedstaaten jedoch überaus problematischen Linie.     

Infrared Imaging of the Crime Scene: Possibilities and Pitfalls

All objects radiate infrared energy invisible to the human eye, which can be imaged by infrared cameras, visualizing differences in temperature and/or emissivity of objects. Infrared imaging is an emerging technique for forensic investigators. The rapid, nondestructive, and noncontact features of infrared imaging indicate its suitability for many forensic applications, ranging from the estimation of time of death to the detection of blood stains on dark backgrounds. This paper provides an overview of the principles and instrumentation involved in infrared imaging. Difficulties concerning the image interpretation due to different radiation sources and different emissivity values within a scene are addressed. Finally, reported forensic applications are reviewed and supported by practical illustrations. When introduced in forensic casework, infrared imaging can help investigators to detect, to visualize, and to identify useful evidence nondestructively.     

The EU offensive against IP offences: should right-holders be offended?

Preliminary comments by interested parties on the draft EuropeanDirective on criminal measures aimed at ensuring the enforcementof intellectual property rights and the corresponding FrameworkDecision were made at a public hearing in the European Parliamenton 22 November 2005. At this hearing it became apparent thatconsensus on the proposed measures will be hard to reach, asright-holders and their lobby groups seem surprisingly reticentwith regard to the proposed harmonization. This article summarizesthe draft proposal and comments on some of the most relevantobservations made at the hearing.     

Health, Social Movements, and Rights-based Litigation in South Africa

This article investigates the impact of rights-based litigation on social struggles in the South African health sector. It considers the manner in which individuals and social movements have utilized rights and the legal process in their efforts to dismantle the ill-health/poverty cycle, in the particular context of the struggle for universal access to treatment for HIV/AIDS. Relying on literature concerning the transformative potential of socio-economic rights litigation and on examples from South African case law, the article critically evaluates the gains that have been made and the obstacles that have been encountered in this context. It argues that rights-based litigation presents a powerful tool in the struggle against poverty, but also elaborates on structural and institutional hurdles that continue to inhibit the effectiveness of rights-based strategies in this regard.