Judicial Selection, Lay Participation, and Judicial Culture in the Czech Republic: A Study in a Central European (Non)Transformation. College of Europe Research Paper in Law 03/2014

Introduction. The idea that “merit” should be the guiding principle of judicial selections is a universal principle, unlikely to be contested in whatever legal system. What differs considerably across legal cultures, however, is the way in which “merit” is defined. For deeper cultural and historical reasons, the current definition of “merit” in the process of judicial selections in the Czech Republic, at least in the way it is implemented in the institutional settings, is an odd mongrel. The old technocratic Austrian judicial heritage has in some aspects merged with, in others was altered or destroyed, by the Communist past. After 1989, some aspects of the judicial organisation were amended, with the most problematic elements removed. Furthermore, several old as well as new provisions relating to the judiciary were struck down by the Constitutional Court. However, apart from these rather haphazard interventions, there has been neither a sustained discussion as to how a new judicial architecture and system of judicial appointments ought to look like nor much of broader, conceptual reform in this regard. Thus, some twenty five years after the Velvet Revolution of 1989, the guiding principles for judicial selection and appointments are still a debate to be had.

The Politics of Retrospective Justice in Germany & the Czech Republic. CES Germany & Europe Working Papers, No. 05.4, 1994

Ongoing German and Czech efforts to confront legacies of injustice in their recent pasts provides opportunity to examine policies of retrospective justice adopted from where there is no threat of old elites with residual power. Instead of evoking existing explanations of these measures that concentrate on normative issues, the role of former dissidents, or mode of transition, this account focuses on the importance of the character and structure of the political representation in post-Communist regimes in general, and in the German and Czech successor regimes in particular.

Skill formation in Britain and Germany: Recent developments in the context of traditional differences. CES Germany & Europe Working Papers, No.06.1, 2006

This paper proposes a comparison of skill formation in Germany and Britain over the last decades. Taking historical trends into account, the two cases can be regarded as representing different types of skill production regimes. Institu-tional features include a relatively low degree of standardization of training and a larger amount of on-the-job training in Britain. In Germany, post-compulsory training has been conducted predominantly within the dual system of vocational training, underlining the vocational specificity of a large part of the labor market. As a consequence, international differences in individual skill investments, transitions from school to work and other life-course patterns can be observed. At least in Britain, however, the situation seems to have changed considerably during the 1990s. The paper argues that the divergence in more recent developments can still be understood as an expression of historical path-dependency given the traditional connections between the post-compulsory training system and the broader societal context in which it is embedded. These concern, in particular, links with the system of general and academic education as the basis for – and also a possible competitor with – vocational training; links with the labor market as they are indicated by specific skill requirements and returns to qualifications; and, links with the order of social stratification in the form of the selective acquisition and the social consequences of these qualifications. The links manifest themselves as typical individual-level consequences and decisions. Founded on the basis of these distinctions, the aim of this paper is to investigate the preceding conditions for recent developments in the qualification systems of Britain and Germany, which have adapted to specific challenges during the last decades.

Falling Labor Share and Rising Unemployment: Long-Run Consequences of Institutional Shocks? CES Germany & Europe Working Papers, No. 00.2, 1999

The literature on unemployment has mostly focused on labor market issues while the impact of capital foonation is largely neglected Job-creation is often thought to be a matter of encouraging more employment on a given capital stock. In contrast, this paper explicitly deals with the long-run consequences of institutional shocks on capital foonation and employment. It is shown that the usual trade off between employment and wages disappears in the long run. In line with an appropriation model, the estimated values for the long-run elasticities of substitution between capital and labor for Germany and France are substantially greater than one.

Ties That Bind? The Parapublic Underpinnings of Franco-German Relations as Construction of International Value. CES Germany & Europe Working Papers, No. 02.4, 2002

Beneath the relations among states, and distinct from the exchanges of an autonomous regional or global civil society, there is another set of international practices which is neither public nor private but parapublic. The Franco-German parapublic underpinnings consist of publicly funded youth and educational exchanges, some two thousand city and regional partnerships, a host of institutes and associations concerned with Franco-German matters, and various other parapublic elements. This institutional reality provides resources, socializes the participants of its programs, and generates social meaning. Simultaneously, parapublic activity faces severe limits. In this paper I clarify the concept of “parapublic underpinnings” of international relations and flesh out their characteristics for the relationship between France and Germany. I then evaluate the effects and limits of this type of activity, and relate this paper’s findings and arguments to recent research on transnationalism, Europeanization, and denationalization.