German Model Research Articles

Implementation of the Commission Recommendation of 7 December 1994 on the Transfer of Small-and Medium-Sized Enterprises in Albania: A German or Italian Model?

Abstract: In recent years, the European legislature and national parliaments have become more interested in allowing some types of intergenerational transfer before death. While the Albanian Civil Code establishes the invalidation of any succession agreement, other civil codes recognize some rights to dispose of or renounce the inheritance before death. This research investigates the possibility of implementing the Commission Recommendation of 7 December 1994 on the transfer of small-and medium-sized enterprises (94/1069/EC) in Albania by considering the Italian and German models. This contribution suggests that Albanian lawmakers could consider these models to align the Albanian legislation with the EU law Résumé: Ces dernières années, le législateur européen et les parlements nationaux se sont davantage intéressés à autoriser certains types de transfert intergénérationnel avant le décès. Alors que le Code civil albanais prévoit l’invalidation de tout accord successoral, d’autres codes civils reconnaissent certains droits de disposer ou de renoncer à l’héritage avant le décès. Cette recherche étudie la possibilité de mettre en oeuvre la recommandation de l’UE du 7 décembre 1994 sur le transfert des petites et moyennes entreprises (94/1069/CE) en Albanie en considérant les modèles italien et allemand. Cette contribution suggère que les législateurs albanais pourraient envisager ces modèles pour aligner la legislation albanaise sur le droit de l’UE.Zusammenfassung: In den letzten Jahren sind der europäische Gesetzgeber und die nationalen Parlamente stärker daran interessiert, bestimmte Formen der Übertragung von Erbschaftsansprüchen zwischen Generationen vor dem Tod zuzulassen. Während das albanische Zivilgesetzbuch die Ungültigkeit aller Erbschaftsvereinbarungen festlegt, erkennen andere Zivilgesetze bestimmte Rechte an, über das Erbe vor dem Tod zu verfügen oder darauf zu verzichten. Der vorliegende Aufsatz untersucht die Möglichkeit, die Empfehlung der Kommission vom 7. Dezember 1994 zur Übertragung kleiner und mittlerer Unternehmen (94/1069/EG) in Albanien umzusetzen, indem die italienischen und deutschen Modelle berücksichtigt werden. Der Beitrag schlägt vor, dass der albanische Gesetzgeber diese Modelle in Betracht zieht, um die albanische Gesetzgebung an das EU-Recht anzupassen.Resumen: En los últimos años, el legislador europeo y los parlamentos nacionales se han interesado más en permitir algunos tipos de transmisión intergeneracional antes de la muerte. Si bien el Código Civil albanés establece la invalidez de cualquier acuerdo sucesorio, otros códigos civiles reconocen algunos derechos para disponer o renunciar a la herencia antes de la muerte. Este trabajo investiga la posibilidad de implementar en Albania la Recomendación de la Comisión de 7 de diciembre de 1994 sobre la transmisión de pequeñas y medianas empresas (94/1069/CE) teniendo en cuenta los modelos italiano y alemán. Esta contribución sugiere que los legisladores albaneses podrían considerar estos modelos para alinear la legislación albanesa con la legislación de la UE.

The Governance of Territorial Networks of Organisations: Case of the Tangier-Tetouan-Al Hoceima Region

This work focuses on the governance of territorial networks of organizations in the Tangier-Tetouan-Al Hoceima region in Morocco. By examining this specific case, we seek to understand how regional governance structures influence collaboration and coordination between organizations operating in this territory. To understand this subject in depth, it is crucial to look at the governance of territorial networks of organizations, drawing inspiration from both international experiences and the specificities of the Moroccan context. Our research is based on a descriptive literature review beginning by defining the foundations of the governance of territorial networks, including the conceptualization of the term, their typological diversity, and their different forms. Then, by examining international experiences in governance, through the study of cases such as that of France, Italy, the Basque Countries, and the German model. Finally, by tracing the history of the development of territorial networks of organizations in Morocco, while highlighting the needs, trends, and potential of each of the entities making up the clusters.

Idea oraz istota kontroli sądowoadministracyjnej (zagadnienia wybrane)

The article discusses selected issues regarding court-administrative control. The Polish perspective has been chosen as a reference point for the deliberations. The main problem is the concept of court-administrative control. It seems that this category determines the functioning of the administrative justice system. The essence of court-administrative control was presented based on Polish regulations: the Constitution of the Republic of Poland, the Law on the System of Administrative Courts and the Law on Proceedings before Administrative Courts. The essay also presents the idea of court-administrative control – also from a comparative perspective, with reference to the German and French models. The principle of separation of powers has become a critical point of reference. It turned out that it does not contradict the presented understanding of the concept of court-administrative control. The approach to control was compared with possible models of adjudication: cassatory and reformatory adjudication. Thinking about a certain idea of administrative justice, this is probably the most basic determinant of the role and functions of this branch of the justice system. The right to a court – its understanding and possible scope – is also important for the conducted considerations.

Conceptualisations of good care and conflicts in live-in migrant care arrangements for people with dementia – perspectives of family caregivers in Germany

BackgroundIn Germany, live-in migrant carers provide essential social, emotional and physical support to a growing number of community-dwelling people with dementia. However, opaque legal regulations and employment models as well as a lack of formal supervision for families employing live-in migrant carers contribute to the vulnerability of these already strained arrangements. This study analyses the family caregivers’ perspective, their conceptualisations of good dementia live-in migrant care and conflicts that arise in live-in care arrangements.MethodsThe study adopted a qualitative-explorative approach. We conducted focus groups with family caregivers (n = 15) to learn about their perspectives on and experiences with live-in care as a model of home-based dementia care. Due to the restrictions of the COVID-19 pandemic, data collection took place online, which enabled us to include participants from all over Germany in our sample. Data were analysed with qualitative content analysis.ResultsIn this paper, two main categories, Indicators of good live-in migrant care for people with dementia and perceived conflicts, are presented. We identified indicators applied by family caregivers to assess the quality of care provided by migrant live-in carers and its outcomes for the person with dementia. These relate primarily to interpersonal and emotional aspects and a person-centred attitude towards the person with dementia. Conflicts arise when the needs and personalities within the triad do not match, due to intransparent and unreliable work of and communication with the placement agencies, or permanent crisis as a result of the German model with alternating live-in carers.ConclusionOur findings point to the complex dynamics and relationships within live-in care triads and support the theoretical assumption that taking into account the needs of all actors involved is essential for good and stable care arrangements. The conceptualisations of family caregivers of good dementia live-in migrant care offer starting points for a scientific as well as a social and health policy debate about the future regulation of this model of care.

The Youth Inner Mission and the Soli Deo Gloria

From the 19th century, as a parallel field of foreign missionary work, the Hungarian inner mission followed Western (English, German) models and established associations to revive the stagnating religious life and to help those less fortunate in a miserable situation. The urbanisation of the period affected greatly the families moving to the capital, where some of them had become disconnected from their church roots, and the lack of a social safety net led to a high level of poverty and the moral decay that accompanied it. In the first half of my study, I looked at the beginnings of the Hungarian inner mission and then I wrote about evangelising and educating associations for youth and children, such as the Protestant Orphans’ Association, the Sunday School Association and the Christian Youth Association, which was modelled on the YMCA. In the second part, I discussed the social and faith-based activities of the specifically Hungarian Reformed Soli Deo Gloria Student Movement. Keywords: inner mission, youth ministry, Reformed Church, SDG, communism

Evaluating the Usefulness of Population-Wide COVID-19 Testing in the Omicron Era: Insights from a German Model.

The Omicron variant of SARS-CoV-2, which has become dominant worldwide since late 2021, presents a unique challenge due to its high rate of asymptomatic transmission. This study evaluates the efficacy and value of population-wide testing, including self-testing, in the context of COVID-19, particularly under the Omicron variant, using data from Germany. A decision-analytical model and secondary data was used for assessing the impact of systematic screening and testing for COVID-19. Various scenarios were taken into consideration including seasonal patterns of COVID-19 transmission and the potential for annual waves. The model assessed the clinical benefits of testing against the backdrop of vaccine effectiveness, transmission rates, and the potential to prevent severe clinical events, including death, ICU admission, and long COVID syndrome. The study found that the value of mass testing and self-testing for private use was highly contingent on the transmission rate and the scenario of COVID-19 waves (seasonal vs. continuous). For winter waves, a very high incidence rate was required to justify testing, while for continuous waves, testing could be valuable for those in contact with individuals in their last decade of life. The analysis highlighted the limitations of mass testing when community transmission rates were low and the potential value of testing in high-risk contacts or amidst new outbreaks. The findings suggest that the resumption of testing during winter waves is unlikely to provide significant clinical benefits given the current understanding of Omicron's transmission and immunity waning. This study underscores the need for a nuanced approach to COVID-19 testing policies, considering both the epidemiological context and the practical implications of testing strategies.

Troops Management Systems And The Difference Of Cultures. Part Ii (Variants and Lessons of Russian, Soviet and Other Models for Us)

Due to the absence of domestic military science as a separate branch of science, the topic touched on by the USSR’s GS and management culture, the largest bearer of the German model after the FWW, remains an open topic. The Russian and especially the Soviet model was based on the Prussian model and even more today continues to bear the influence of the latter, but in a more refined form. The Russian army was one of the first in the world to follow Prussian innovations. The British model was and still is unacceptable to the Russian mentality and value system. The problem is that liberalism has always been punished in this country, serfdom is still very deep in public perception. It should also be noted that the influence of the Soviet model among the post-Soviet countries was quite large and is still large. But in the second decade of the 20th century, a number of post-Soviet countries began to abandon this model one after another. Although the Soviet model seems to be the main one among the CSTO countries, nevertheless, as a result of the reforms taking place in the Armenian Army after the 44- Day War of 2020, there are tendencies to abandon that model. We hope that they will have a fundamental nature

MUNICIPAL GOVERNANCE IN GERMANY: PRACTICE RECOMMENDATIONS FOR UKRAINE

Establishing a municipal governance system is a long process focused on selecting the best practices that have proven to be effective and efficient. One of the methods is the transit of elements of municipal systems borrowed from other countries. The experience of ensuring democratic participation of the community formed in Germany is of interest. The purpose of the article is to identify the components of the German model of municipal governance that can be used by Ukraine to improve the efficiency of the national system of local self-government and bring it closer to EU standards. The elements of the comparative analysis in the article are the analysis of the institutional model of municipal governance and its state and political basis; determination of the specifics of the distribution of powers between the state and local governments and the nature of community participation in local self-government; characterization of the system of financial guarantees and the budget system; determination of the principles of cooperation and coordination of municipalities. The article uses the methodology of comparative analysis based on the identification and analysis of the legal, structural, organizational, political and economic components of municipal governance in Ukraine and Germany.

Administration of local taxes and fees: experience of European countries and current trends in Ukraine

The paper is devoted to the study of the experience of local tax administration in advanced European countries. The paper further delves into the intricacies of the local tax administration by examining the impact of cultural, economic, and political factors on the effectiveness of tax models in Germany, France, and Poland. It also explores the challenges and successes of implementing European practices within the Ukrainian framework, highlighting the need for a tailored approach that considers Ukraine’s unique socio-economic landscape. The purpose of the study is to analyze local taxation models in Germany, France and Poland, identify their advantages and disadvantages, assess the current state and prospects for the development of the local taxation system in Ukraine. A comparative analysis of legal frameworks, organizational structures and local tax administration processes in selected countries is carried out. On the basis of the collected data, a SWOT analysis is carried out, which allows to highlight the strengths and weaknesses, opportunities and threats of each of the administration models. Analysis of local tax administration models in selected countries showed that the German model is characterized by a high level of autonomy of local authorities, which contributes to the efficiency of tax collection and adaptability to local conditions. The French model is characterized by a centralized approach that ensures uniformity and control, but can limit local initiative. The Polish model integrates elements of decentralization and centralization, which allows adaptation to the specifics of the transition economy and contributes to the harmonization of the taxation system. In the Ukrainian context, modern reforms of local taxation are analyzed, introduced initiatives are studied, and the possibilities of applying the best European practices are considered. The results of the study make it possible to formulate recommendations for improving the system of local tax administration in Ukraine in order to increase its efficiency and transparency. The paper will be useful to scientists, practitioners in the field of local taxation, representatives of state bodies and all parties interested in improving the tax system.

The European Vocational Education and Training System: Towards a Unified Approach

The European vocational education and training system exhibits significant diversity, with each country implementing its unique approach. While a unified European solution is desirable, a lack of comprehensive knowledge in this area hinders the development of policies that could establish a basic model applicable to all countries, albeit with necessary variations due to socio-economic nuances. European policymakers and stakeholders recognize the importance of vocational education and training, including formats like Dual School and Work-based Learning. Nations have committed to common targets in their education and training strategies, driven by globalized competition and the need for professional workers skilled in new technologies. Nevertheless, with the support of established systems, this European solution shows great potential for seamless operation and effectiveness. A successful European strategy would take into account the advancements in technology, the unique regional and national characteristics of the workforce in terms of traditional skills and competencies, and notably, the available natural resources. These resources have become a crucial factor in industrial efficiency and competitiveness. Implementation of dual school models varies at the European level, influenced by national strategies shaped by local factors. Some countries prioritize collaboration with stakeholders and regulatory frameworks to optimize professional training, while others, like Romania and Bulgaria, are just beginning to adopt dual school laws, with emerging examples of best practices. Romania, in particular, has largely followed the German model due to economic influences. In 2006, the European Council recognized vocational training through dual schools as an excellent investment, yielding high returns, surpassing initial costs, and delivering long-term efficiency and productivity benefits.

Federalism

The aim of this paper is to engage in a meticulous examination of Federalism as it manifests in the concrete socio-political landscapes of the United States, Brazil, and Germany, juxtaposed against its theoretical conceptual framework. To embark on such an ambitious endeavor, it is incumbent upon us to elucidate Federalism's etiological roots, multifaceted complexities, and operational mechanisms. In the course of this scrutiny, we shall assert that Federalism, despite the empirical heterogeneities that inherently characterize it, emerges as an indispensable paradigm for contemplating issues of pluralism, the devolution of authority, and the nurturing of regional identities. The corpus of this work is structured into five distinct segments: the first section is an exposition on the historical genesis of Federalism in the United States; the subsequent segment turns its focus to the conceptual underpinnings and philosophical provenance of Federalism; the third segment encompasses a detailed survey of Brazilian Federalism, sketching a historical trajectory that spans from the proclamation of the Republic to the post-military regime redemocratization; the fourth segment is consecrated to an analysis of the German model of Federalism. In our concluding remarks, we shall accentuate the intrinsic virtues of Federalism, extolling its capacity to expedite localized policy-making and administrative governance, safeguard regional and minority identities, and stymie the ascent of autocratic and dictatorial regimes. The first, third, and fourth sections engage in a jus-historical and philosophical inquiry, while the second and the ultimate sections tackle the normative-conceptual dimension and our interpretative exegeses, respectively.

Немецкий подход к гарантированию плюрализма в сфере массовой коммуникации

Using the political and philosophical context, the article analyzes the German model of guaranteeing pluralism in the field of mass communication, the core of which is formed by the communication rights of the Basic Law of the Federal Republic of Germany, which have undergone a deep reinterpretation by the Federal Constitutional Court. Starting from the abstract politico-philosophical value of pluralism as the foundation of German democratic theory, its path is traced through its integration with general constitutional and legal principles. This integration leads to the concretization of pluralism in the communication sphere as specific regulatory provisions within constitutionalized ordinary legislation. Through the examination, the article highlights the key parameters of this model that correspond to the pluralistic theory of democracy. These parameters determine the logic of constitutional-legal regulation in the German communication sphere and influence the doctrinal aspects of fundamental rights.

Fever, sun, and blood: sermons, amulets, and incantations as sources for magical practices in Medieval Europe

ABSTRACT This paper presents a novel method to access lived religion and magical practices of a Medieval congregation via sermons combined with material culture. Previously, scholars have dismissed sermons as having low ‘truth value’ due to the copying inherent in the genre. In this paper, I first examine how one Danish sermon was adapted from a German model to fit a local context. This adaptation reveals specific local practices that the preacher thought were relevant to his congregation. Secondly, I demonstrate how several practices described in the sermons are mirrored in surviving non-normative material evidence such as amulets and incantations in manuscripts. This interdisciplinary combination of sermon studies, magic studies, archaeology, and medieval studies yields an as-yet-untapped source group. The paper concludes that 1) sermons can indeed be used as sources for magical practices and lived religion, and 2) they can be used as sources for practices that did not leave material evidence. Finally, discussions of the importance of material evidence in sermon studies and how magical practices were both locally anchored and part of an international network are broached.

Integration of Education and Industry in China: Lessons from Germany Applied Universities

This article delves into the significance of harmonizing education with industry requirements, with a focus on the German applied university system and its dual study model. It identifies challenges within the Chinese education-industry integration, such as inadequate cooperation and a skills gap, and contrasts these with the German model, where applied universities effectively bridge the gap between academic learning and industry demands. The methodology involves a systematic review of literature to extract insights into how Germany's dual study programs guarantee employment upon graduation and how China can adapt these strategies. A key finding is the importance of a collaborative approach between educational institutions and industries to cultivate a workforce that is equipped to meet the challenges of the modern labor market. The Duale Hochschule Baden-Wuerttemberg (DHBW) is highlighted as a case study, showcasing its successful integration of theoretical and practical education with industry partnerships. It is concluded with recommendations for China to enhance its education-industry integration, advocating for closer university-industry collaboration, decentralized governance, practical program design, flexible learning formats, and supportive policy frameworks. The paper underscores the potential for Chinese applied universities to improve talent cultivation by aligning with industry needs and promoting innovation and entrepreneurship, thereby increasing graduates' employability and contributing to societal development.

Принцип акцессии в сфере использования подземного пространства: опыт Германии

The article discusses the German model of the use of underground space. It was established that it is based on the principle of accession, according to which, as a general rule, the right of the owner of a land plot applies to underground space. At the same time, there are two types of restrictions from the general rule: civil law and public law. The author expresses the hope that some solutions of German civil law may be in demand when reforming domestic legislation on subsoil use.

In search of a growth model for Italy: the failed attempt of an export-led recovery strategy?

We analyse Italy’s growth pattern from 2001 to 2019 using the demand and growth regime categories proposed in the post-Keynesian tradition and recently adopted in the comparative political economy (CPE) literature. We argue that after the Global Financial and Economic Crisis (GFEC), Italy followed an export-led recovery strategy. In this respect, Germany’s growth model emerged as the successful model to follow. In the dominant view, Germany’s economic success since the mid-2000s was attributed to a series of painful but necessary economic reforms. The success of Germany’s export-led mercantilist regime became particularly attractive to Italy given the similar export-oriented manufacturing industry. However, Italy has followed the ‘wrong’ German model based on wage compression and restrictive budget policies while the ‘true’ German model is based on non-price competitiveness factors.

Systemic Risk in the Banking Sector – The German Model

Systemic Risk in the Banking Sector – The German Model

SPECIALIZED ADMINISTRATIVE COURTS REPUBLIC OF KAZAKHSTAN

The paper describes the historical path of formation and formation of the administrative courts of the Republic of Kazakhstan as specialized. The directions of development of specialized administrative courts, improvement of the quality of their consideration of administrative cases, as well as improvement of administrative proceedings are outlined. Explanations of the term’s administrative justice, administrative proceedings, administrative process and many others are given. The relevance of the topic is related to the conceptual directions of the development of the judicial system, the improvement of judicial proceedings and the improvement of judicial professionalism in accordance with the principle of specialization of courts and judges. The organizational and functional state of specialized administrative courts of Kazakhstan has been analyzed and evaluated. The study of these issues showed that they are formed according to the type of inter-district courts in cities of republican and regional significance, constitute the lowest level of courts of general jurisdiction, consider administrative cases arising from public legal relations, according to the rules of the court of first instance. Specialized administrative courts are analogous to administrative justice courts operating in a number of foreign countries, modeled after the Anglo-Saxon, French or German models. The theoretical significance of the work is that it analyzes the organizational and procedural foundations of the activities of specialized administrative courts in the context of the principle of specialization of courts and judges, which forms the basis of the structure and functioning of the unified judicial system headed by the Supreme Court of the Republic of Kazakhstan. The practical significance of the work is the conclusions formulated by the author, which can be used for scientific research. The methodological foundations of the study testify to the strict observance by the Republic of Kazakhstan of continuity in law and the state. The empirical basis of the work was data on the activities of specialized administrative courts on administrative cases considered by them for the period of the first six months of 2021-2023.

Federal Philippines? Benchmark metrics drawn from three Federalist models

This research is an input to the proposed “Federal Philippines,” specifically addressing the gap on what model of federalism is suitable for the country. Recognizing that consultation from the grassroots is an important aspect of policymaking, a validated survey questionnaire that has passed a statistical reliability test was personally administered to 400 qualified respondents within a multicultural community. The result revealed which among the American, German, and Nigerian models is most favored. However, considerable differences arose within each model, with certain indicators being accepted and least accepted. Thus, a matrix of the most favored and less favored indicators is presented for strategic considerations.

Family structure transitions and educational outcomes: Explaining heterogeneity by parental education in Germany

Recent research has documented that the effect of parental separation on children’s educational outcomes depends on socioeconomic background. Yet, parental separation could lead to a stable single-parent family or to a further transition to a stepfamily. Little is known about how the effect of family structure transitions on educational outcomes depends on the education of parents and stepparents, and there has been limited empirical research into the mechanisms that explain heterogeneity in the effects of family transitions. Using longitudinal data from the German Socio-Economic Panel and models with entropy balancing and sibling fixed effects, I explore the heterogeneous effects of family transitions during early and middle childhood on academic secondary school track attendance, grades and aspirations. I find that family transitions only reduce the academic school track attendance among children of less educated parents living in stepfamilies or with a single mother after parental separation, and among children of highly educated fathers living in single-mother families. The mechanisms that partly explain these effects relate to reduced income and exposure to poverty after parental separation. The findings underscore the importance of considering the stepparent's educational level, indicating that the adverse consequences of parental separation on educational outcomes are mitigated when a highly educated stepfather becomes part of the family. Overall, these findings align more closely with the resource perspective than the family stability perspective.