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• The Temporal Scope of the German Criminal Code

  149-172

  József Stál

  Views:

  443

  The problem of temporal scope is also reflected in Germany’s criminal law. Its essence is the usage of the more lenient law in the case of the difference between the law of perpetration and the law of decision-making. The German Criminal Code has a 150 year history, with the original version being around 170 years old. It’s respectable age allows us to conclude that it has a stable character, however due to its countless modifications there has always been a significant problem – and there still is today – in relation to its interpretation. This study also provides a brief outlook on the regulation of the temporal scope in other German-speaking countries.

• Energy audit: EU-Law and its implementation in Germany

  29-41

  Jan Hoffmann

  László Fodor(Translator)

  Views:

  213

  The 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.

• The Right Answer to the Diesel Scandal? The latest Reform of German Collective Redress through the Eyes of Outsiders

  9-38

  Viktória Harsági

  Views:

  322

  The 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.

• Environmental Mediation in Germany

  60-77

  István Bereczki

  Views:

  154

  It 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.