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Energy audit: EU-Law and its implementation in Germany
29-41Views:191The Energy Efficiency Directive (EED) No. 2012/27/EU establishes a set of binding measures to help the EU to reach its 20% energy efficiency target by 2020. Energy audits are an essential tool to achieve adequate energy savings (see art. 8. EED). The current study focuses on the EU legal requirement on Energy Audits and its implementation in Germany by the 2015 amended Act on Energy Services and other Energy Efficiency Measures (Gesetz über Energiedienstleistungen und andere Energieeffizienzmaßnahmen – EDL-G). The analysis is still relevant because of the infringement proceedings against Germany by the European Commission based on fragmentary transposition of the EED.
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Disclosure of the Data of State-owned Companies in Hungary and Germany: Similarities and Differences
83-101Views:61The article analyses in a comparative manner the way the publication of data works in Hungary and Germany in the case of state-owned companies. The subject of the analysis is furthermore how the transparency of public property is compatible with the functioning of the market and the protection of trade and business secrets. The article devotes special attention to the issue of the relationship between the request for data in the public interest and trade secrets, and, whether the disclosure of such data may be refused on the basis of avoiding potential business damage. Given that the disclosure of data with public interest and its accessibility are inseparable from the freedom of information, the relevant laws in the countries subject to analysis are also presented. The article highlights the exemplary solutions of the German legal system and, finally, compares the similarities and differences in the regulatory concepts of the two legal systems.
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Towards a European Legal Scholarship. Recommendations of the German Council of Science and Humanities (Wissenschaftsrat) on the Development of Education and Research
54-61Views:108The German Council of Science and Humanities (Wissenschaftsrat) in 2012 published its study „Perspectives of Legal Scholarship in Germany. Current Situation, Analyses, Recommendations”. The recommendations are preceded by empirical and quantitative descriptions that provide information on the current situation of legal study and research in Germany. The document emphasizes the importance of cooperation between theoretical and practical part of the legal education. The report considers that students should acquire the ability of critical approach to legal prac- tice instead of memorising the substantive legal rules.
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Environmental Mediation in Germany
60-77Views:126It has always been a difficult question for the State to ensure effective decision-making processes for instances where public participation is considered to be a requirement. This question might be even more essential when it comes to disputes concerning large-scale projects with environmental impact. When the public is affected by such project, the contractor must be really prudent, otherwise high number of litigation may be initiated afterwards. The very special form of mediation, the so-called environmental mediation may offer a solution to this problem, by allowing all participants to meet and discuss every crucial issues related to projects described above. It is also important to emphasize that not the same requirements apply to environmental mediation and to other civil law related mediation procedures. The aim of environmental mediation would not be less than to improve the quality of public bodies’ decisions.
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Messages of German and Italian Identity Parades
78-89Views:81All criminal justice systems in rule-of-law states attempt to prevent justizmord cases. Unfortunately, this intention is not always successful. This statement is illustrated by both Hungarian and foreign examples. Both Hungarian and international scientific research reveals that the identity parade (line-up) method plays a key role in the miscarriage of justice cases. So it is important (basic)/vital interest to prepare preventing methods in this field, or to reveal/disclose the causes of final serious mistakes. For this purpose, the author examines the identity practical method and legal (police) rules in Germany and Italy. At the end of the study, the author formulates the potential legal and criminalistic/forensic development possibilities, the lessons and his conclusions for the powerful/efficient and fair criminal procedure rules and for better law enforcement practice.
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The Right Answer to the Diesel Scandal? The latest Reform of German Collective Redress through the Eyes of Outsiders
9-38Views:304The aim of the article is the understanding of the development, experiences and barriers of the the German collective redress mechanisms – from the point of view of a foreign researcher. When establishing a possibility for collective redress the course of the whole procedure and almost all segments are concerned. The case known as Volkswagen-dieselgate made the issue particularly crucial. Through this case, the author examines the new procedure introduced in November 2018. She also gives a brief overview of the class action in the US, concluded by a settlement between the Volkswagen Group and consumers. She tries to answer the question of whether the new law can be expected to provide an effective solution to the procedural issues that have arisen in this case. The analysis is also based on a review of previous sectoral regulation, which was the main basis of the development of the new regulation introduced in 2018.