Disentangling Double Politikverflechtung? The implications of the federal reforms for Bund-Länder relations on Europe

The recent reforms of German federalism (Reform I) have established a new framework for Bund–Länder co-operation on EU policy. These seek to safeguard Germany's ability to co-operate in Europe by disentangling the joint roles and responsibilities bound up within the complex arrangements of the EU policy-making system, defined as a multiple framework of joint decisions, or doppelte Politikverflechtung. Whilst on the surface, the reforms enacted may be read as a success for the Länder in their bid to secure autonomy on European issues, closer analysis reveals that these changes may in fact hamper the Länder agenda on European issues, closing off new opportunities for influence.

A comparative evaluation of the legislative controls on unfair terms and exemption clauses in consumer and business contracts in England and Brazil

The purpose of the present study is to make a comparative evaluation of the legislative controls on unfairness in the context of B2B, B2C and small businesses contracts in England and Brazil. This work will focus on the examination of statutes and relevant case law which regulate exemption clauses and terms on the basis of their ‘unfairness’. The approach adopted by legislation and courts towards the above controls may vary according to the type of contract. Business contracts are more in line with the classical model of contract law according to which parties are presumably equals and able to negotiate terms. As a consequence interventions should be avoided for the sake of freedom of contract even if harmful terms were included. Such assumption of equality however is not applicable to small businesses contracts because SMEs are often in a disadvantageous position in relation to their larger counterparties. Consumer contracts in their turn are more closely regulated by the English and Brazilian legal systems which recognised that vulnerable parties are more exposed to unfair terms imposed by the stronger party as a result of the inequality of bargaining power. For this reason those jurisdictions adopted a more interventionist approach to provide special protection to consumers which is in line with the modern law of contract. The contribution of this work therefore consists of comparing how the law of England and Brazil tackles the problem of ‘unfairness’ in the above types of contracts. This study will examine the differences and similarities between rules and concepts of both jurisdictions with references to the law of their respective regional trade agreements (EU and the Mercosul). Moreover it will identify existing issues in the English and Brazilian legislation and recommend lessons that one system can learn from the other.

The perceptions of the NHS managers towards the recent NHS reforms and their effects on the NHS managerial culture

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Medical error:a discussion of the medical construction of error and suggestions for reforms of medical education to decrease error

Introduction: There is a growing public perception that serious medical error is commonplace and largely tolerated by the medical profession. The Government and medical establishment's response to this perceived epidemic of error has included tighter controls over practising doctors and individual stick-and-carrot reforms of medical practice. Discussion: This paper critically reviews the literature on medical error, professional socialization and medical student education, and suggests that common themes such as uncertainty, necessary fallibility, exclusivity of professional judgement and extensive use of medical networks find their genesis, in part, in aspects of medical education and socialization into medicine. The nature and comparative failure of recent reforms of medical practice and the tension between the individualistic nature of the reforms and the collegiate nature of the medical profession are discussed. Conclusion: A more theoretically informed and longitudinal approach to decreasing medical error might be to address the genesis of medical thinking about error through reforms to the aspects of medical education and professional socialization that help to create and perpetuate the existence of avoidable error, and reinforce medical collusion concerning error. Further changes in the curriculum to emphasize team working, communication skills, evidence-based practice and strategies for managing uncertainty are therefore potentially key components in helping tomorrow's doctors to discuss, cope with and commit fewer medical errors.

Let's stick together? Explaining boundaries to territorial policy variation:the case of Germany's prisons legislation

This article offers an initial impact assessment regarding the introduction of new legislative responsibilities at the Land level in a case study of prisons policy (Strafvollzug). Combining an analysis of new legislation produced across the 16 Länder since the responsibility for prisons policy was transferred to the Land level, and insights into the mechanics of policy development obtained through a series of interviews with senior politicians and officials, this article finds that the desire among Länder to legislative independently has varied, with substantial backing for co-ordination in the development of new legislation. This has helped to confound expectations of a ‘competition of harshness’ which many expected to result from decentralisation. However, even before the 2006 reforms, there were substantial variations between the Länder when it came to implementing prisons policy, so consideration of the sub-national level in this area remains essential.

Introduction to the special issue : reframing German Federalism

In recent years, Germany’s federal system has been subject to a number of pressures for change. A constitutional debate on ‘disentangling’ the legislative roles of federal and Länder institutions which stuttered through the 1990s and into the 2000s finally led to a re-allocation of competences in 2006. These reforms shifted some areas of legislative responsibility from the federal to the Länder level and relaxed rules which had earlier justified a federal override when both levels held legislative responsibilities concurrently. At the very least, these constitutional adjustments increased the potential for policy outputs to diverge from one Land to another and give expression to territorial differences in priority and preference.