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Social Policy Goals in the Interpretation of Article 81 EC

Constanze Semmelmann

2008

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Need for reform S. 189-190

„… 191 III. Non-competition goals under the institutional framework of Reg. 1/2003 1. Need for reform …” „… Euro and EU enlargement821 are mentioned as reasons underlying the need for reform. In addition, the …” „… enough application of the law in a transparent and predictable manner. The need for the change can be …”

Non-competition goals in the interpretation of Article 81 (3) EC under Reg. 1/2003 S. 193-200

„… the position that an enforcement reform, mainly concerning secondary law, leads to a modification of …” „… enforcement reform. 3) Lastly, if it is assumed that non-competition goals have been decisive outcomewise …” „… non-competition goals. Thus, there would not be a change resulting from the enforcement reform as to the …”

Judicial review of the Commission decisions adopted under Article 81 (3) EC S. 184-189

„… of Reg. 1/2003 1. Need for reform Reg. 17/62 has allowed the Commission to develop a competition …” „… for reform. In addition, the former notification system was scarcely used; it required too many …” „… . There was not enough application of the law in a transparent and predictable manner. The need for the …”

Content S. 9-16

„… . Need for reform 1912. Changes 192a. The main preoccupations concerning the reform 192b. Tools 1933 …” „… from their “market-serving” function 721. The rationale for domestic labour law 73a. Structural …” „… labour markets and markets for goods and services 763. Competition law theory 774. Comment 795. The …”

A proposal on the role of social policy goals in the interpretation of Article 81 EC and concluding remarks S. 211-216

„… equally be traced back to several bases in the Treaty and share the need for long-term commitments. This …” „… given agreement. At first glance, there is no room for the consideration of social policy goals as a …” „… basis for excusing anti-competitive conduct. Accordingly, in the past, non-competition goals were …”

Bibliography S. 217-232

„… conflicts and the need for a constitutional perspective, 18 Legal Studies (1998), 146-166. Joerges …” „… Competition Law and Policy, 2005. Korah, Valentine, The Rise and Fall of Provisional Validity – The Need for a …” „… Diversity, 40 Journal for Common Market Studies (2002), 645-670. Schaub, Alexander, The Reform of Reg. 17/62 …”

Comments on the term and concept of “social market economy” S. 149-151

„… proposals for how to reconcile economic freedom and the needs of others were rarely advanced. Against this …” „… ” (and thereby its correlative concept) as an extension of the social goals of the EC.634 For others, it …” „… might, however, serve as point of departure for courts to take into account employment aspects, e.g …”

“Social policy versus the market” – an outline of the book S. 19-21

„… Laval5 and Viking Lines6 or Rüffert7, which served as a test for the European social dimension, provided …” „… European Convention, Draft Treaty Establishing a Constitution for Europe, CONV 850/03, O.J. of 16.12.2004 …” „… Commission made clear that‘[g]rowth is essential for job creation. But not just any kind of growth …”

The debate “social policy versus the market” as a part of the “economic constitution” S. 21-24

„… distinction for the key problem of the present work. Chapter 8 deals with the cartel enforcement reform of …” „… emphasises the (need for) conformity of a single Treaty chapter and its policy with the Treaty as a whole and …” „… , but argued that there was no need for the state to play a major role in maintaining the conditions of …”

The transposition of the concept to the EU level S. 148-149

„… indication of an intention in the documents related to the European Convention for the drafting of the …” „… need to balance these.629 The meaning attached to the concept on the European level must be confined to …” „… " as Europe's social model?, EUI Working Paper 2004/08, at 18. See for a narrow conceptualisation of …”

The role of social policy in the interpretation of Article 81 EC as a part of the EC economic constitution S. 28-30

„… , unanimity safeguards and high procedural hurdles for modifications are valid indicators for the fundamental …” „… secondary law. The direct effect of a provision represents another indicator for the significance of a …” „… rank in order to be part of a “constitution” –in our case the rank of primary law, for instance.43 The …”

The concept of “social market economy”: the original concept and its significance in practice S. 146-148

„… competition has not lost any significance for the mere application of Article 81 EC. Besides, Article 2 B of …” „… for the functioning of the internal market”. This reveals that the competition rules have not …” „… von Lissabon: Reform der EU ohne Verfassung? Kolloquium zum 10. Geburtstag des WHI, available at …”

Assessment of the reform S. 200-208

„… application) without a distinct legal basis. Such a dual interpretation needs to be rejected for an important …” „… Article 81 (3) EC needs to be limited to mere competition analysis.867 He distinguishes between the …” „… Commission which could take non-competition goals into account, for instance, on the basis of Article 10 of …”

Economic efficiency S. 49-54

„… competition regime for antitrust and mergers, and in the far-reaching reform of the state aid area. 2005 also …” „… or social goals, the effect of the shift may be very limited157, but no less dangerous for the past …” „… on Article 3 (1) g) in addition to the competition rules, such as the state action cases. For the …”

The “European rule of reason” S. 97-112

„… competition law Korah, The Rise and Fall of Provisional Validity – The Need for a Rule of Reason in EEC …” „… ) EC expressly provides for the exemption of certain anti-competitive practices. The separation of the …” „… 8[1](1).’ It stressed furthermore the need to “consider the precise purpose of the agreement, in the …”

Summary and conclusion on the status quo of non-competition goals under Article 81 EC, in particular of the social policy goals S. 132-140

„… above allows for one single safe conclusion: the approaches as to the reconciliation of social policy …” „… Article 81 (3) or even a constitutional balance of two goals allowed for the intrusion of several kinds of …” „… selective manner in order to allow for comparative arguments with the aim of developing a coherent …”

doi.org/10.5771/9783845210797

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On the Viability of an International Lender of Last Resort

Benedikt Zanker

Series: Aktuelle Materialien zur Internationalen Politik

Volume 73 2007

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Need for Reform S. 293-294

„… 11.4 million and litigation costs14. 11.2.3 Need for Reform Even in the absence of hold-out creditors …” „… international capital markets for a period of several years. Hutchinson and Neuberger attempt to identify the …” „… correlation between sovereign defaults and economic growth has been found by Sturzenegger for debt defaults …”

Governance Reform Proposals S. 275-279

„… an eventual reallocation of quotas. All calls for a reform of quota allocations aim at increasing the …” „… largest constituencies is an improvement, but does not eliminate the need for a drastic reduction of …” „… Committee, Angolan Finance Minister Jose Pedro de Morais expressed the strong desire for reform on behalf of …”

Political Difficulties S. 279-281

„… does not eliminate the need for a drastic reduction of particularly African constituencies’ size41. In …” „… Pedro de Morais expressed the strong desire for reform on behalf of a group of 22 Sub-Sahara African …” „… the IIE Conference on IMF Reform. September 23, 2005. Washington: Institute for International …”

Titelei/Inhaltsverzeichnis S. 2-12

„… ........................................................ 290 11.2.3 Need for Reform …” „… Case for Reforming IMF Governance Structures ....................... 275 10.3.1 Governance Reform …” „… Potential for Gradual Reform ........................................................ 337 13.2.1 Regional …”

The Meltzer Report S. 84-86

„… 2000 proposes wide-ranging reforms for the seven organisations analysed25. Most central to the …” „… funding for the IMF24. Its mandate consisted in advising U.S. policy makers on improving the functioning …” „… , Asian Development Bank, African Development Bank, the Bank for International Settlement and the WTO …”

Bibliography S. 347-374

„… IIE Conference on IMF Reform. September 23, 2005. Washington, DC: Institute for International …” „… Research Quarles, Randal. 2005. IMF Reform – Toward an Institution for the Future. Statement before the …” „… Resort. A Reader. Oxford: Oxford University Press Schwartz, Anna. 1999. “Is There a Need for an …”

Concerns on the Effectiveness of Collective Action Clauses S. 303-309

„… investors have been clamoring for a sovereign country bankruptcy law and in fact both actually oppose reform …” „… 303 burdens of sovereign debt. But given the fact that support for the implementation of a formal …” „… policymakers could also opt for a less stringent and ambitious mechanism, a so-called SDRM-lite36. In contrast …”

Transition Period S. 328-330

„… would require substantial reforms and time for their implementation. A five-year transition period seems …” „… 328 12.4.1 Funding Issues It is impossible to derive the actual amount of funding necessary for …” „… the financial markets, funds available for liquidity support should be above the minimum amount …”

Transparency Criteria S. 206-211

„… time but also for countries to introduce reforms in order to become eligible. To allow for monitoring …” „… financial information allows for better assessment of portfolio risk. The need for improved financial …” „… 206 policy conditions, exchange rates continued to fall, making it even harder for resident banks …”

A Sovereign Debt Restructuring Mechanism S. 300-303

„… investors have been clamoring for a sovereign country bankruptcy law and in fact both actually oppose reform …” „… protection from creditors that stand in the way of necessary restructuring, in exchange for an obligation for …” „… outflows would be prevented. As in the case of companies filing for chapter 11 under U.S. law, the …”

The Fund’s Record as Crisis Manger S. 113-116

„… became a financially attractive source of capital for emerging market countries despite the need to …” „… 113 apply for emergency loans; and only when emergency loans are perceived truly the last resort …” „… negotiate a stability program. Demand for IMF loans is thus not limited to countries in severe liquidity …”

Evidence on Creditor-side Moral Hazard S. 233-241

„… accessibility seems highest for countries in need of modest macroeconomic and structural reforms, while …” „… for short-term gains over responsible policies when costly reform efforts would be wasted as soon as …” „… for more difficult reforms. Consequently, resorting to Enhanced Structural Adjustment Facilities would …”

The Köhler Approach: Procedural Changes S. 86-88

„… 86 should be disbursed exclusively for the short-term as liquidity crises are assumed to generally …” „… last for no more than a number of weeks; only under exceptional circumstances would liquidity …” „… assistance become necessary for a longer period. Maturity for emergency loans suggested by the Meltzer Report …”

Problems Arising from the Imposition of Strict Collateral Requirements S. 199-201

„… be pledged as collateral in exchange for liquidity support. In addition, the need to provide …” „… : Senate Banking Committee 43 See Anna J. Schwartz. 1999. “Is There a Need for an International Lender of …” „… 199 than the revenues generated by short-term export duties. For emerging economies like Korea or …”

General Membership S. 315-317

„… provides incentives for policy reform is an additional benefit. Similarly, if funds disbursed under SBA or …” „… continue to provide non-emergency facilities only to the extent necessary for retaining its credibility and …” „… effectiveness in discharging its monitoring and supervisory functions. 12.2 Membership Rules for a Restructured …”

Access to Large-scale Liquidity Assistance S. 317-322

„… provides incentives for policy reform is an additional benefit. Similarly, if funds disbursed under SBA or …” „… stability. To qualify for extended liquidity assistance a country’s financial sector also needs to be open …” „… crises is limited, there is a powerful case for their abolition. Indeed, the Meltzer Commission advised …”

The Report by the Independent Task Force S. 80-84

„… wide-ranging reforms for the seven organisations analysed25. Most central to the stability of the global …” „… the criteria necessary for membership. Among the objections made to this proposal de-facto suggesting …” „… the creation of an international lender of last resort, three have considerable weight. For one …”

Structure of the Analysis S. 42-46

„… for international competition. Regarding sovereign indebtedness members would need to observe the …” „… crises. Its primary purpose is to lay the groundwork for the analysis developed over the following …” „… chapters. Chapter 3 provides a short overview of current proposals to reform the global financial …”

Introduction S. 15-20

„… storm was weathered. In case of fundamental disequilibria the Bretton Woods Agreement allowed for an …” „… study by Barry Eichengreen and Michael Bordo identifies 38 financial crises for the period between 1945 …” „… and 1971, but 139 for the years between 1973 and 1997. The increase in crisis frequency has …”

Public Choice Theory S. 25-33

„… government often takes on the responsibility for their provision. While the need for public goods like …” „… provision of final global public goods22. The need for international regimes is a consequence of the …” „… states equally well for all areas. Regarding issues of international security, neo-realist approaches …”

Liquidity Gaps in the Past S. 166-170

„… above this level. But even accounting for the potential needs of emerging economies other than the ten …” „… that domestic central banks should lend to every financial institution in need for foreign currency …” „… assistance in case financial panic develops. The resources necessary for an international lender of last …”

Criteria Ensuring Financial Sector Stability S. 211-222

„… shocks, minimum reserve requirements address liquidity problems specifically. The need for minimum …” „… reserves have become dispensable as central banks can fully provide for most liquidity needs. While the …” „… system of financial sector regulation is a task for specialists and beyond the scope of this analysis …”

The IMF as International Lender of Last Resort S. 111-113

„… Fischer. 2000. On the Need for an International Lender of Last Resort. Essays in International Economics …” „… source of capital for emerging market countries despite the need to negotiate a stability program. Demand …” „… international lender of last resort for the international monetary system: The IMF, acting as lender of last …”

Conclusion S. 88-89

„… single year and 300 percent in total. The framework defines several conditions which must be met for the …” „… program needs to have a high probability of success requiring not only the government’s willingness to …” „… reform but also the necessary policy and institutional capacity to implement adjustments. If successfully …”

The Concept of Collateral S. 173-176

„… resort6. For governments in an ongoing process of privatisation this could imply the need for keeping …” „… good collateral only. In Bagehot’s framework for an effective lender of last resort the collateral …” „… disincentives for holding risky assets that would be unacceptable as collateral for loans during potential …”

Lending Rules Governing ELA Facilities S. 323-327

„… financial crises. More specifically, countries receiving international assistance need to employ it for the …” „… . Terms and conditions applicable to both facilities remain largely unchanged; only interest charges for …” „… last resort. IMF funds may not be used by central banks to intervene in the currency markets for the …”

Conclusion and Implications S. 170-172

„… does not imply that domestic central banks should lend to every financial institution in need for …” „… developing countries benefit from development aid and support for structural reforms, the World Bank and …” „… economies. Neither does lending freely imply providing liquidity assistance for every purpose. An …”

Financial Assets S. 176-181

„… process of privatisation this could imply the need for keeping assets that are either easily marketable or …” „… role model and poster child for successful reform efforts in emerging market economies14. Following the …” „… collateral that the need for an international lender of last resort arises. Nevertheless, collateralization …”

Financial Market Theory S. 33-42

„… overwhelmed and need help42. Financial crises are not attributed to the claim that financial markets are …” „… would allow for more accurate expectations on future movements of asset prices, investors would …” „… prices are entirely random. There is evidence for a positive correlation between stock price movements …”

A Code of Good Conduct S. 294-297

„… , when a sovereign borrower suspends its debt service payments, the most promising way for creditors to …” „… restructuring often involves some form creditor loss, for each individual creditor the option to free-ride and …” „… outline procedures for dealing with borrowing countries’ problems to service their debts while …”

Improved Transparency and Higher Regulatory Standards S. 68-71

„… excessively risky lending. The need for improvements in transparency has been acknowledged by the Group of 22 …” „… . Enhancing data dissemination and financial transparency, for example, does not interfere with the creation …” „… of a sovereign debt restructuring mechanism. Similarly, a Tobin tax does not eliminate the case for …”

Problems due to Renegade Creditors S. 290-293

„… Need for Reform Even in the absence of hold-out creditors, collective action problems and information …” „… reduce its debt service payments for the year 2005 to around USD 3 billion from USD 10 billion in the …” „… episode is a showcase for the difficulties the current environment poses for an orderly process of …”

IMF Induced Moral Hazard S. 230-233

„… encourage it to opt for short-term gains over responsible policies when costly reform efforts would be …” „… , despite the difficulties it poses for providing effective liquidity assistance, is to address moral hazard …” „… argue that the prospect of IMF bailouts generates incentives for debtor countries to take on large …”

Collateralising Equity S. 181-188

„… alone—without the need to find different sources in order to provide security for potential liquidity support …” „… relevance for national security interests. State-owned enterprises were active in the provision of goods of …” „… stateowned enterprises accounted for 75 percent of natural resource output. In Syria, Tunisia, Egypt and …”

Securitisation of Future Flow Receivables S. 188-199

„… of interest for governments in need to pledge collateral in order to qualify for liquidity assistance …” „… be pledged as collateral in exchange for liquidity support. In addition, the need to provide …” „… yield premia for investing in developing economies, future flow transactions are an attractive …”

Criteria Indicating Sustainable Sovereign Indebtedness S. 222-228

„… countries’ fiscal policy—a deteriorating trend indicates the need for reform and austerity measures. Second …” „… reduce incentives for bank runs, effective deposit insurance should define limited maximum amounts and …” „… loose in case of their bank’s insolvency, but losses would be limited while incentives for careful …”

Voting Power at the IMF S. 264-275

„… themselves than to the Fund’s major shareholders. 10.3 The Case for Reforming IMF Governance Structures …” „… percent majority19. Supermajorities are necessary for all changes in the Funds structure, including quota …” „… particular country groups’ successful lobbying for a veto on certain matters of national interest20. 10.2.2 …”

Fundamental Differences between International and Domestic Settings S. 109-111

„… .” Journal of Economic Perspectives. No. 13: 14. 37 See Anna Schwartz. 1999. “Is There a Need for an …” „… : Princeton University Press: 30 40 Stanley Fischer. 2000. On the Need for an International Lender of Last …” „… discards the Free Banking critique as central banks have proved their importance for the stability of the …”

Creditor Country Interests S. 255-259

„… banks and its political proximity to dominant members. 10.1.2 Interests of International Investors For …” „… premia for emerging market risk while due to implicit bailout guarantees the creditworthiness of emerging …” „… interests3. 10.1.3 Creditor Country Interests For the Fund’s creditor countries, international rescue …”

doi.org/10.5771/9783845201122

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The Liability for Attacks against Immovable Cultural Objects in International Criminal Law

Pablo Gavira Díaz

Series: Schriften zum Kunst- und Kulturrecht

Volume 36 2022

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Titelei/Inhaltsverzeichnis S. 1-24

„… in International Criminal LawPablo Gavira Díaz36NomosThe Need for Reform of the Existing Gaps in …” „… International Criminal LawThe Need for Reform of the Existing Gaps in Individual Criminal LiabilityPablo Gavira …” „… DíazThe Liability for Attacks against Immovable Cultural Objects in International Criminal LawThe Need for …”

Bibliography S. 413-438

„… Academic Publishers, 2004.Schöndorf, Roy S.: Extra-State Armed Conflicts: Is There a Need for a New Legal …” „… , Heritage Studies, De Gruyter, 2015.Albrecht, Eike/Gaillard, Bénédicte: Procedure for Delisting a Site From …” „… International Criminal Tribunal for the Former Yugoslavia, Transnational Publishers, 1996.Bassiouni, Mahmoud …”

Chapter 3: The Criminal Liability for Attacks against Cultural Objects S. 215-409

„… The Criminal Liability for Attacks against Cultural ObjectsIntroduction: A Historical OverviewFirst …” „… attempts at punishing individuals for violations of international law are found in the aftermath of the …” „… (first) Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field of …”

doi.org/10.5771/9783748911104

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The Right to Work for Persons with Disabilities

Gudrun Wansing (ed.), Felix Welti (ed.), Markus Schäfers (ed.)

2018

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Mario Schreiner A Need for Sheltered Workshop Reform? Perspectives from Employees and Legal Trends due to the German Federal Participation Act S. 327-342

„… A Need for Sheltered Workshop Reform? Perspectives from Employees and Legal Trends due to the …” „… quantitative study. A Need for Sheltered Workshop Reform? 329 respondents. Workshop employees of this type have …” „… separate type. A Need for Sheltered Workshop Reform? 331 Type 4b refers to workshop employees who, for the …”

Siobhan Barron Employment of Persons with Disabilities – Effective Policy and Outcomes Requires Clear Strategy with All Relevant Actors Engaged S. 281-290

„… has for many years continued to advance a programme of poli‐ cies and reform, which are very much in …” „… there is some good practice there is a need for national policies and systems that ensure supports for …” „… may be addressed. 4. Promote job retention and re-entry to work – particularly noting the need for an …”

Felix Welti, Eva Nachtschatt Equal Rights of Persons with Disabilities to Work per Article 27 of the UN Convention on the Rights of Persons with Disabilities S. 51-84

„… ‐ termining the status as a person with a severe disability and for the needs assessment of rehabilitation …” „… labour market and the “traditional” work environment for the needs of persons with disabilities …” „… central‐ ized facilities, need to be supplemented and transformed. The applicable law is open for …”

Yi-Chun Chou Sheltered Workshop Policies for People with Disabilities in Taiwan and Japan S. 343-358

„… Committee for Disability Policy Reform to provide input and guidance on reforms of policies and legislation …” „… need more time to think about solutions. On the other hand, the expectation for an enormous change of …” „… Sheltered Workshop Policies for People with Disabilities in Taiwan and Japan by Yi-Chun Chou This …”

Titelei/Inhaltsverzeichnis S. 1-11

„… Organizations (DPOs) 313 Klaus Lachwitz A Need for Sheltered Workshop Reform? Perspectives from Employees and …” „… The Right to Work for Persons with Disabilities International Perspectives Wansing | Welti …” „… | Schäfers [Eds.] International Perspectives The Right to Work for Persons with Disabilities Gudrun Wansing …”

Jerome Bickenbach Comparability and Convergence of Work Participation Statistics and Documentation S. 85-100

„… Approach, in short, relies on this conception of disability, highlighting the need for assessors of work …” „… population surveys, social re‐ gistries, and disability assessment for supports and benefits – is being …” „… rates of any sub-popu‐ lation (OECD, 2010). There are likely many reasons for this and general‐ ization …”

Friedrich Mehrhoff Return to Work as a Central Aim of Rehabilitation S. 155-168

„… includes the needs and services for participation in working life. This approach is and continues to be …” „… article summarizes the essential global criteria for success: Awareness and responsibility of the employer …” „… participation management by qualified con‐ sultants using rehabilitation measures. This serves as the basis for …”

Eberhard Eichenhofer The UN CRPD as an International Social Law S. 17-34

„… provided the con‐ ditions for freedom of association, geared towards the needs of workers and serving their …” „… human rights law intro‐ duces special conditions for individual vulnerable groups of people in need of …” „… closing, this article demonstrates the consequences of international social law for the human rights …”

Martin Kronauer Gainful Employment between Inclusion and Exclusion S. 121-134

„… question of why there should be such a right and what the consequences are for a lack of this right for the …” „… individual and for society as a whole. It outlines important reasons explaining why gainful employment is an …” „… essential compo‐ nent of social inclusion for individuals in capitalist societies and why it also …”

doi.org/10.5771/9783845291673

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Der gut organisierte Staat

Marian Döhler, Jochen Franzke, Kai Wegrich

Series: Modernisierung des öffentlichen Sektors ("Gelbe Reihe")

Volume 45 2015

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Geert Bouckaert The Future of the Field of Public Administration S. 72-91

„… relevant for guiding and driving the current and future public sector reform policies, it needs to have …” „… grounded and evidence-based reform policies for a functional public sector in the future, there is a need …” „… be fit for purpose and will need adjustment since it interacts with this reform agenda (see figure 1 …”

Walter Kickert The roles of politics and institutions in Dutch cutback decision-making S. 134-145

„… out to be a real problem for the cabinet. In order to get its major reforms legislations approved in …” „… the social-psychological theories on ‘resistance to change’ – people first deny the need for change …” „… the need for change, adapt to it and internalise it and agree to take action to change 142 …”

Christopher Pollitt The Seven Secular Sins of Academic Public Administration S. 30-53

„… on the need for 34 a mono-disciplinary or mono-theoretical or mono-method approach, then they …” „… organizational greed. A fourth is the need to gain access for empirical research – in a number of ways …” „… ) responsible for you will get answers biased in favour of the success of those reforms. This is a probability …”

Erik Albæk (Absence of) Experts in Political Science S. 476-491

„… world’s pressing political problems, well, what do we need politicians for? It is quite interesting …” „… reforms, for instance when academics are consulted or participate in policy committees and the like …” „… administrate power. The most famous attempt in the history of philosophy at such a normative instruction for …”

Göttrik Wewer Alles offen, oder was? Anmerkungen zur Diskussion um Open Government S. 510-531

„… Transparency in the European Union? Maastricht: European Institute for Public Administration Deckmyn …” „… Democracy Need Trust, or Distrust, or Both? In: Jansen et al. 2010, S. 284–291 Wegrich, Kai (2011): Das …” „… , Gudrun (2003): Das Reformmodell Bürgerkommune. Leistungen – Grenzen – Perspektiven. Berlin: edition sigma …”

doi.org/10.5771/9783845262703

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