Cautious scrutiny: The Federal Climate Change Act case in the German Constitutional Court

In a unanimous decision of 24 March 2021, the German Federal Constitutional Court declared certain provisions of the Federal Climate Change Act (FCCA) unconstitutional. The Court upheld the greenhouse gas emission targets for the period until 2030 but found the outlined review procedure for the following years lacking: it failed to adequately specify targets, thereby violating the fundamental rights of the applicants. Despite the at times exuberant reception, this case note argues that the decision stopped well short of a legal revolution. Ultimately, the Court embraces an orthodox doctrine on positive obligations that emphasises deference to the legislature on climate change policy. Nonetheless, there are some genuine, albeit subtle legal innovations: (1) extending legal standing to applicants resident outside of Germany; (2) specifying general constitutional commitments to tackling climate change through the Paris Agreement, and (3) relying on a concept of intergenerational equity in the distribution of emission reduction burdens.     

On the applicability of secondary dentin formation to radiological age estimation in young adults

The literature provides linear regression formulas for dental age estimation that is based on radiological two-dimensional measurements of the pulp size. The aim of the present study was to explore whether the previously presented regression formulas could lead to statistically sound results and to appropriate repeatability when applied to young individuals. Orthopantomograms (OPGs) of 44 Austrian individuals, aged between 13 and 24 years, were selected at random. In accordance with the reported method, six teeth on each OPG were chosen to carry out the measurements. Statistical analysis was performed in order to assess the difference between the estimated and the true chronological age. The regression formulas reported by Kvaal et al. (1995) led to a consistent underestimation; the regression formulas reported by Paewinsky et al. (2005) resulted in a constant overestimation of age. The statistical analysis of intraobserver and interobserver variation revealed a variation width below 2%, respectively.     

European Union Soft Law: New Developments Concerning the Divide Between Legally Binding Force and Legal Effects

The judgment in Polska Telefonia Cyfrowa sheds light on the legal effects of soft law instruments that the Court of Justice of the European Union (CJEU) will recognise, while distinguishing between their legally binding force and their legal or practical effects. European soft law is now often relied on in national courts, and can have an important impact on the rights and obligations of individuals. However, some of the goals of the Commission are only partly attainable due to the specific legal status of soft law instruments, and the current languages policy of the European Union. Given that soft law was not found to expressly impose obligations on individuals, the Court held that there was no requirement to publish it in all the official languages of the European Union. This has a negative impact on transparency and legal certainty, diminishing the role of soft law instruments in promoting such goals.     

Modernising social service delivery in Russia: evolving government support for non-profit organisations

Russia has recently cracked down on politically active civil society, increasing regulation and undercutting foreign support. However, apolitical, service-oriented parts of civil society have not been subject to these restrictive policies. In contrast, since 2009 Russia has introduced a set of government tools to support socially oriented non-profit organisations. These tools present a framework akin to concepts of ‘third-party government’ and collaborative governance that have come to dominate Western public administration discourse. This article discusses the Russian government’s divergent positions towards civil society, the nature and extent of the supportive tool kit, and its prospects.     

Sentencing Thresholds in German Criminal Law and Practice: Legal and Empirical Aspects

The position of the custody threshold and the proportion of cases passing it are crucial for any attempt to reduce imprisonment. The article focuses on the sentencing threshold(s) in Germany, a country that shows relatively low incarceration rates in international comparison. This is in part due to legislation that aims to replace short prison sentences, especially those below six months, by fines, and unsuspended prison sentences up to two years by suspended ones. These provisions are widely applied in practice, yet not always in accordance with the letter of the law. The article will give an overview of the legal and practical aspects of decision-making between fines and prison sentences and between suspended and unsuspended sentences in Germany. It will show that there is not only one sentencing threshold identifiable in practice, but two different ones: firstly, between fines and suspended sentences, and secondly, between suspended and unsuspended sentences. Problems of the German system are identified, among which are the convertability of day fines into suspended and unsuspended prison terms and the treatment of persistent recidivists. Finally, possible solutions are proposed.