Wolfgang Tiede – författare

Welche Rechte und Pflichten hat der einzelne Bürger, welche der Staat? Wie funktioniert unsere Gemeinschaft? Die Autoren klären diese Grundfragen und nehmen dabei Bezug auf Auszüge des Grundgesetzes und des Bundesverfassungsgerichtsgesetzes. Wer bei der Lösung von Problemstellungen schnell auf den Punkt kommen will, ohne sich mit schwerfälligen juristischen Theorien auseinandersetzen zu müssen, findet in diesem Buch alles, was er dafür braucht.

Project Report from the year 2007 in the subject Law - Miscellaneous, grade: keine, , language: English, abstract: An effective and democratic governance is one of the most challenging issues Russia is facing today. The complexity and multiplicity of the tasks a modern state has to deal with makes it impossible to provide an efficient public administration on a "e;centralised base"e; - hence it is vitally important to guarantee the existence of local self-government and to create a transparent and workable legal framework for its performance. The rebirth of the local government in Russia and the beginning of its reform dates back to the early 1990s, when the country underwent economic and political restructuring. The Federal Law No. 131 passed in June, 2003 "e;On the General Organisational Principles of Local Self-Government in the Russian Federation"e; appeared to be the next crucial step and was expected to give more fiscal and managerial independence to municipalities. Local self-government has formally become a very widespread phenomenon and there are 24, 208 municipalities in Russia at the moment.1 However the goals of the reforms have not been achieved - local government institutions are still very weak and their participation in social and economic developments is very limited. There is an urgent need for new opportunities to improve this situation. A workable legal framework can be a key element in the development of the efficient self-government system. Two problems of municipal importance are the realisation of education, recreation and socialwork with children and youth at municipality (A.) and the public library service (B.): models of legal acts from European countries shall be described in order to transfer some of the solutions found in these countries. Thus, the Russian self-government can reach European standards.

Project Report from the year 2007 in the subject Law - Public Law / Constitutional Law / Basic Rights, , course: EU-Project "e;Support to the implementation of the law on general principles of organisation of local self-government in the Russian Federation"e;, language: English, abstract: The German system of local government is composed of several territorial public corporations. Basis of local government is the right to communal self-government, which is entrenched in the Constitution of the Federation (Bund) in Article 28 (2) 1 GG , as well as in the constitutions of the federal states (Lander), e.g. in Article 11 of the Constitution of Bavaria . Organisation and structure of the basic level of local government is regulated by the federal states in Municipal Regulations (Gemeindeordnungen) with the exclusion of the three pure city states of Berlin, Hamburg and Bremen. No single Code of communal law exists in the federal states, but a variety of laws covers the different levels of local government. Besides the already mentioned Municipal Regulations, there are District Regulations (Landkreisordnung) , depending on the size of the States also on a higher tier Regional Regulations (Bezirksordnung) ; in addition laws about local elections on the different levels (Kommunalwahlgesetz) and the different forms of inter-corporation co-operation (Gesetz uber die kommunale Gemeinschaftsarbeit , Zweckvebandsgesetz , Gemeindekassenverordnung (e.g. in Lower Saxony), Gesetz uber die kommunale Zusammenarbeit and Verwaltungsgemeinschaftsordnung , Kommunalabgabengesetz (e.g. in Bavaria).

Project Report from the year 2007 in the subject Law - Miscellaneous, , language: English, abstract: Municipalities are to some extent entitled by law to administrate matters of local importance. However, they cannot act just as they like. In fact, they are supervised by competent authorities. Even individuals can apply to courts if they think the Municipalities did not accomplish their duties and responsibilities sufficiently, or failed to perform them at all. A closer contemplation of this subject matter follows on the forthcoming pages.

Project Report from the year 2007 in the subject Law - Miscellaneous, , language: English, abstract: In many countries within the European Union Municipalities have certain powers and responsibilities to exercise politics on communal level. However, at the same time they are either bound to particular orders and instructions or supervised by equated as well as higher-ranking institutions. It is questionable whether Municipalities can act independently while monitored and controlled by other organs. On the contrary, one can assume that because of this supervision Municipalities at least do not have the possibility to infringe laws and disobey orders which in the end is what is necessary for a State to be functioning. This elaboration gives examples of three Member States of the European Union which have similar ways to monitor and control the lowest level in the political structure of a State. The focus lies on Germany whose rules concerning supervision and control are set out in a rather detailed way. It follows an overview of the regulations in Austria and a brief glimpse into the situation in Finland.

Project Report from the year 2007 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: Responsibilities, powers and competences of several institutions of a State obviously depend upon the political structure of the respective State. This elaboration describes three different States which in the broadest sense are based upon the same principle, but nevertheless arrive at different specifications.

Project Report from the year 2007 in the subject Law - Miscellaneous, , language: English, abstract: Along with the competence of Municipalities to administrate tasks of local importance comes the responsibility to finance these tasks of communal administration. This can be regulated in different ways, as will be shown by this elaboration.

Project Report from the year 2007 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: In nearly all countries, municipalities own or control substantial amounts of real estate, but few municipal governments think of their holdings as a "e;portfolio"e; whose composition might be modified to better serve public purposes. Economists therefore propose that legal and institutional frameworks should be set up in order to enable efficient real property asset management on the local level. However, there are good reasons why municipalities may only participate in economic life in exceptional cases. One reason arises from private law: local authority economic enterprises should not be in competition with the private sector in the free market economy. Another reason is derived from public law: activity and involvement in competition are associated with risks for the municipality. Those risks local authorities should not expose themselves to.

Project Report from the year 2007 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: Public service both national and local in Europe is characterised by a great diversity and specificity . The institution of public service itself exists in all European countries, but the regulation differs considerably. This is due to several factors which are, among others, the structure of the State, conception of the notion of general interest, impact of decentralisation movements and cultural pluralism of local authorities. The regulation depends mainly on the weighting of the public law governed career system and the civil law governed employment system of public service. Most of the European countries have chosen a hybrid model. Thus, the field of law regulating the personnel of the public service is a mixture of public and civil law. Three systems of regulation of public service can be observed across Europe, depending on the amount of implication of public law in the public service sector: the employment system (I.), the career system (II.) and hybrid systems (III.). It has to be stated though, that the realisation of pure systems do not exist and that every system is more or less hybrid.