Antrag auf Zwangsversteigerung aufgrund unechten Fremdwährungstitels hat auf europäische Währung zu lauten

Bei der Zwangsversteigerung einer Liegenschaft zur Hereinbringung einer Geldforderung in der Fremdw?hrung von Staaten, die nicht der Europ?ischen Union oder dem Europ?ischen Wirtschaftsraum (Drittstaaten) angeh?ren (in casu: US-Dollar), hat der betreibende Gl?ubiger schon im Exekutionsantrag wegen des Verbots von bücherlichen Eintragungen auf W?hrungen von Drittstaaten (Art I § 5 Abs 3 1. Euro-JuBeG) eine Umrechnung der betriebenen Forderung in Euro vorzunehmen. Eine amtswegige Umrechnung durch das Exekutionsgericht findet nicht statt. Ein Verbesserungsverfahren zur nachtr?glichen Umrechnung ist wegen der rangbegründenden Wirkung der Anmerkung der Einleitung des Zwangsversteigerungsverfahrens dann nicht zul?ssig, wenn der Exekutionsantrag beim Buchgericht eingebracht wird.     

Feminism in the Humanitarian Machine. Introduction to the Special Section on ‘The Politics of Intervention Against (Conflict-Related) Sexual and Gender-based Violence’

ABSTRACT

The prevention and mitigation of sexual and gender-based violence in (post-) conflict societies has become an important humanitarian activity. This introductory article examines the analytical discourses on these interventions, the institutionalization of SGBV expertise in international politics, and the emancipatory potential of anti-SGBV practices. It argues that the confluence of feminist professional activism and militarized humanitarian interventionism produced specific international activities against SGBV. As part of the institutionalization of gender themes in international politics, feminist emancipatory claims have been taken up by humanitarian organizations. The normal operating state of the humanitarian machine, however, undercuts its potential contribution to social transformation towards larger gender equality in (post-) conflict societies.     

The partisan–professional dichotomy revisited: Politicization and decision‐making of senior civil servants

Politicization has an ambivalent reputation among public administration scholars. While considered an effective instrument to safeguard political control over ministerial bureaucracy, partisanship of senior civil servants is likewise associated with patronage and is deemed detrimental to professionalism and meritocracy. To scrutinize this contradiction, the article examines how the party‐political background of senior civil servants influences their decision‐making behaviour. Two theoretically derived conceptions of loyalty are therefore put to the test: responsiveness and responsibility. Effects are captured by using the vignette technique in 40 in‐depth interviews with former senior civil servants from ministerial departments at federal and state level in Germany. The results are surprising in so far as they reveal that politicized senior civil servants act neither more responsively nor less responsibly than their non‐politicized peers. These findings challenge common assumptions and call for a more refined analysis of the conditions under which politicization leads to negative effects.     

How African States keep their people poor: The legal issues

Many of the problems of inequity and poverty in Africa are the result of the state's own policies and legal requirements that serve to marginalise the poor and hamper the access of communities to environmental and other assets. The article looks at case studies of the regulation of forest access in Cameroon and the allocation of public revenues in Uganda.     

Hegemonic political parties in post-Soviet Eurasia: Towards party-based authoritarianism?

Hegemonic parties in authoritarian regimes can fulfill important purposes for those regimes and thereby contribute to their survival. Along with the consolidation of authoritarian regimes, hegemonic political parties have emerged in some post-Soviet states, raising questions about the role that these parties play in the survival of the regimes. This article asks which of the purposes that are frequently ascribed to ruling authoritarian parties are fulfilled by United Russia, the Yeni Azerbaijan Party, and Nur Otan of Kazakhstan, the hegemonic parties of the three strongest consolidated authoritarian regimes with a hegemonic party in the former Soviet Union. It is argued that despite the increasing prominence of the hegemonic parties, full-fledged party-based authoritarianism has not yet been established in Russia, Azerbaijan, and Kazakhstan.     

Exhibitionism: findings from a Midwestern police contact sample

This study used a police sample to examine offense characteristics, recidivism rates, and other types of sexual offending among individuals suspected of exhibitionism. The sample consisted of 202 incidents of indecent exposure perpetrated by 106 identified individuals. Demographic information showed that one quarter of the sample had symptoms of a mental illness and one quarter had a history of substance abuse. More than 84% of the sample had other nonsexual criminal charges. Approximately 30% of the perpetrators were charged for more than one exposure incident. Masturbating during the offense, exposing to child victims, and speaking to the victim did not show any relationship to the occurrence of more sexually aggressive behaviors. However, individuals who had subsequent rape or molestation charges (16.9%) were more likely than those who did not to have had multiple exposure incidents and a history of physical assault charges.     

Dilemmas of ethnic affirmative action. Benign state‐neutrality or relational ethnic neutrality?

Affirmative action policies are in the spotlights again, in America as well as in Europe. Taking stock of recent normative and political debates I clarify the concept and modalities of affirmative action. From my moral pluralist perspective of liberal, democratic socialism conflicting principles of moral and legal equality have to be balanced in a prudent and context‐sensitive way. Wherever severe structural inequalities among ethnic and national groups are reproduced and strengthened, affirmative action is morally required. Some rules of thumb with regard to appropriate modalities, aims, forgetting and public legitimation of affirmative action are discussed. A short comparison of the institutional contexts of the US and The Netherlands demonstrates that ethnic affirmative action is both more morally required and more difficult to realize and to legitimize in the US. Canadians and Europeans beware of an export of US‐American ideological gifts.     

Crisis of political parties and representative democracies: rethinking parties in associational,experimentalist governance

The contrast between the normative functions of political parties in representative democracies and their empirical working is stark and rapidly increasing. This article starts from a sober, realist account of the empirical state of affairs and from structural problems of democracy and participations – in terms of limits of time, information, qualification and relevant expertise – that have to be acknowledged by any realist–utopian proposal of alternatives beyond the exclusive alternative of ‘thin, realist democracy’ or emphatic ‘strong, participatory, direct, or mass democracy’. We can do better. My search for institutional alternatives looks not for the replacement of political parties but for their relief. Many, not all, of their normative tasks can be shared with other functional networks, associations and organizations. In exploring such a new division of political labour I draw on older debates and designs of associative democracy and on recent discussions to democratize expertise and to expertise democracy in order to address urgent societal problems of high-risk decisions under conditions of extreme complexity, contingency, unpredictability and uncertainty and deep contestedness of our knowledge, problems that turn out to be unmanagable by party politics and representative democracy.