The fallacy of perfect regulatory controls: Lessons from database surveillance of migration in West Germany from the 1950s to the 1970s

Surveillance studies have long argued that electronic databases are designed to maximize state surveillance as a “superpanopticon” or “surveillant assemblage.” But how are databases being implemented in practice, and do they actually enhance control? This article addresses these questions by examining the case of the German Central Foreigners Register (Ausländerzentralregister [AZR]). Established in 1953, the AZR was one of the first databases on migrants in the western liberal world, and remains a pillar of Germany's migration control system today. By analyzing internal ministerial records from the 1950s to the 1970s – the time when this database was introduced, expanded, and automatized while still relatively free from legal or public constraints – this article examines whether, or how, databases enhance state control. I argue that the AZR did not provide the “perfect surveillance” it was intended to deliver; rather, it produced major bureaucratic and political challenges and a series of malfunctions. This case study confirms that database surveillance, such as the German AZR in the 1970s and European databases today, depends on three basic conditions: shared expectations regarding data usages, cooperation in data supply, and capacities of data storage and maintenance. Moreover, databases serve the additional symbolic function of reassuring the self-imagination of sovereign, modern state power.     

The winners of legislative mandate: An analysis of post-parliamentary career positions in Germany and the Netherlands

Little is known about the careers of parliamentarians after they leave parliament. We analyse the post-parliamentary careers of German and Dutch parliamentarians over the last 20 years and document the presence of a persistent and substantial gender gap. This gap exists regardless of party, country or political position and persists even when the status of the pre-parliamentary profession and achievement within parliament are controlled for. Aside from demonstrating our findings, we offer new insights into possible explanations for the dynamics behind them. Additionally, we show that parliament only serves as a stepping stone for a more successful career for a relatively small share of politicians: only 32 per cent of MPs obtain more attractive positions in the public or private sector after their legislative service.     

The Revised German Raw Materials Strategy in the Light of Global Political and Market Developments

Raw material markets have proven to be challenging in recent years. The so‐called critical raw materials (CRMs), which are required for green technology, have particularly high environmental and supply risks. The revised German raw materials strategy attempts to address challenges of production and supply of CRMs and other mineral‐based raw materials. This contribution analyzes the motivation, measures, goals, and challenges of the German raw materials strategy in the light of global economic and political developments, applying the qualitative method GABEK®. Results show that the revised strategy is more ambitious and reaches farther than the initial strategy of 2010. Challenges that remain include the lack of willingness of the German industry to engage in mine production and the more pro‐active political approaches demonstrated elsewhere. As all major economic powerhouses outside of Europe pursue a hands‐on approach, it remains questionable if the revised German raw materials strategy will fundamentally be able to sustainably secure raw material supply for the German industry.     

关于德国工会及劳动关系现状的考察与思考

尽管世界各国的国情和实现现代化的进程各有不同,社会主义国家工会与资本主义国家工会的性质和履行维护职能的原则与方式各有区别,但经济全球化条件下各国工会和劳动关系变化却有许多共同的特点,在德国工会遇到的一系列新情况、新问题、新矛盾和新挑战中,有许多值得我们深入研究和借鉴吸取的经验教训。我们必须看到,只要我们坚定不移地走中国特色社会主义工会发展道路,借鉴世界各国工会工作的有益经验,按照胡锦涛总书记提出的“扩大覆盖面、增强凝聚力”的要求,进一步加大落实“组织起来、切实维权”工作方针的力度,中国劳动关系领域面临的诸多矛盾和问题就一定能够得到较好的解决,中国工会的路子就会越走越宽。     

Contemporary challenges to the German vocational training system

The German vocational training system has played a central role in sustaining the competitive strength of German manufacturing. This article provides an analysis of contemporary developments in this system to assess its likely future trajectory. I begin by underscoring the differences and similarities of the German system to alternative arrangements that have emerged in other countries. I then turn to recent trends in Germany that have caused concern among policy‐makers about the continued strength and viability of the vocational training system. I discuss reforms undertaken in the past few years that point to incremental, though possibly transformative, changes in the system designed to reduce costs and increase flexibility through renegotiations on two fronts: between general training standards and firm needs and training practices, and between the in‐plant and school‐based components of training.     

The Origins of Parliamentary Agenda Control: A Comparative Process Tracing Analysis

This paper aims to explain the origins of the rules of parliamentary agenda control, which can be regarded as the single most important institutional determinant of parliamentary power. Based on the premises of distributive bargaining, the paper develops a causal mechanism for the delegation of agenda control to the government majority. Given that only anti-system or anti-establishment parties strictly prefer to participate in plenary proceedings, these ‘anti’-parties potentially obstruct legislation. Such legislative obstruction by ‘anti’-parties causes establishment parties to commit themselves to procedural reform and thus triggers attempts to centralise agenda control. The delegation of parliamentary agenda powers is successful if opposition to procedural reform is confined to anti-system parties. The causal leverage of this mechanism is assessed in a process-tracing of three reform attempts in two most different cases: the initially ineffective, but then successful introduction of a closure procedure in the United Kingdom and the failed attempt to facilitate the closure in Germany.     

How to not speak the ‘F‐word’: Federalism between mirage and imperative in the euro crisis

The recent financial and debt crisis has resuscitated the debate about European federalism – a theme that seemed not to have survived the painful constitutional adventure that ended with the ratification of the Lisbon Treaty in 2009. With the adoption of significant policy and institutional measures for tightening macroeconomic and budgetary coordination (including a constitutionally enshrined debt brake), the reforms of the monetary union have undisputedly brought the European Union further on the path towards an ever closer union. In an era where EU integration has been increasingly politicised, and Euroscepticism has been on the rise and exploited by anti‐system parties, national leaders have to face a political hiatus and respond to increased needs for symbolic and discursive legitimation of further federalisation. This is all the more crucial for French and German leaders who have brokered the main decisions during the crisis of the eurozone. Against this background, the purpose of this article is not to assess whether, or to what extent, the recent reforms of economic and monetary union have made the EU more federal. Rather, the purpose is to tackle the following puzzle: How have EU leaders legitimised the deepening of federal integration in a context where support for more European federalism is at its lowest? To elucidate this, a lexicographic discourse analysis is conducted based on all speeches held by the German Chancellor Merkel and the two French Presidents Sarkozy and Hollande, previous to, or after European summits from early 2010 until the spring of 2013. The findings indicate that federalism is both taboo and pervasive in French and German leaders' discourse. The paradox is barely apparent, though. While the ‘F‐word’ is rarely spoken aloud, two distinctive visions co‐exist in the French and German discourse. The coming of age of a political union through constitutional federalism is pictured as ineluctable, yet as a distant mirage out of reach of today's decision makers. At the same time, the deepening of functional federalism in order to cope with economic interdependence is a ubiquitous imperative that justifies further integration. The persisting gap between the constitutional and the functional vision of European federalism has crucial implications. Insofar as the Union is held responsible for not delivering successful economic policy, political leaders will fail to legitimise both functional and constitutional federalism.     

Silesian in the nineteenth and twentieth centuries: a language caught in the net of conflicting nationalisms,politics, and identities

A probe into the changing perceptions and classifications of Silesian (i.e. the Slavic dialect and the Slavic-Germanic creole of Upper Silesia, or both construed as the ethnolect of the Silesians) during the nineteenth and twentieth centuries, as most saliently influenced by the mutually nullifying competition of German and Polish ethnolinguistic nationalisms. This competition opened the space for the rise of the Silesian national-cum-regional movement, which sometimes undertook the task of codifying a Silesian language. Such codifications were frustrated during the periods of dictatorship and totalitarianism, which lasted in Upper Silesia from 1926/1933 to 1989. Berlin and Warsaw suppressed the possibility of the rise of a Silesian language, perceived as an ideological threat to the ethnolinguistic legitimization of German and Polish national statehood. Today, Warsaw dislikes the recent popular grassroots project to codify Silesian as a language, but, under the democratic conditions enjoyed in postcommunist Poland, the state administration has no legal means to suppress this project. The codification of Silesian gathered pace at the turning of the twenty-first century, due, among other reasons, to the rapid spread of access to the Internet. However, without the state's blessing and support, the outcome of the codification project, remains, at best, uncertain.     

Toward Disorganized Governance in Public Service Provision? The Case of German Sickness Funds

Over many years now, the concept of “network” or “new governance” pervades the literature on public administration. It suggests a growing role for network-based governance downgrading both command-and-control bureaucracy and, if more implicitly, New Public Management (NPM). Challenging this reading, the article explores the relationship between network-based and (quasi-)market governance by investigating the policies of German health care insurance organizations, the so-called sickness funds, epitomizing the international movement towards focal agencies run at arm's length of Government. These policies reflect new forms of hybrid coordination in public service provision, leading into what can be coined disorganized governance and be characterized as a regime of hybrid coordination shaped by a nervous interplay of partnership-building and disruptive segregation, with important repercussions on the overall outcomes in the provision of health care.     

A Review of: “Rebecca Knuth. Burning Books and Leveling Libraries. Extremist Violence and Cultural Destruction.”

In the 1970s, Western European countries were hit hard by terrorism, especially by international terrorism that crossed borders easily and allowed terrorists of different origins to carry out attacks against both governments and people. Consequently, the necessity of fighting this menace also extended to international organisations. This article looks at how the Council of Europe dealt with the issue, and assesses the negotiations that led to the Convention on the Suppression of Terrorism from the German perspective. West Germany was very interested in establishing a sounder international legal framework against terrorism and thought that the Council of Europe would be able to make an important contribution by abolishing the political offence exception that had so far been a core feature of most extradition treaties. This clause allowed political criminals to escape punishment by fleeing to a country that would deny extradition to a different country on the grounds of the political nature of the act committed by the person in question. The article gives an account and analysis of the complex negotiations that finally resulted in the adoption of the Convention in 1977, as well as of the problems encountered and compromises reached during these negotiations.