Postenschacherei

“Job chess,” a derogatory Austrian term for a specific type of government corruption where officials give jobs to each other without public announcements seeking outside candidates for the post. Said recently after the Chancellor’s chief of staff Ronald Pofalla—in charge of Germany’s intelligence agencies and famous for telling reporters last summer that N.S.A.-type suspicionless surveillance and warrantless wiretapping were “off the table,” done with, handled, fixed, over—announced he was quitting government to spend more time with his family. Perhaps a week later rumors flew that he would be taking a well-paid newly-created post on Deutsche Bahn’s management board [Vorstand] responsible for lobbying and long-term company development despite very little identifiable railroad management experience or long-term company development experience in the private sector.

The good news is that several notable groups have proposed fixes. To prevent conflicts of interest, Transparency International Deutschland said, it has asked for a waiting period of three years between leaving German government and becoming a lobbyist, and the Greens agreed with that. Jurist Hans Herbert von Arnim thought it should be five years, and the Leftists agreed with that. ARD tagesschau.de noted that Germany already has laws requiring nonelected bureaucrats to wait five years before they can take a job in the private sector. The E.U., said Süddeutsche.de, has rules mandating an 18-month waiting period before European commissioners can take private sector jobs, with questionable cases to be adjudicated by an ethics council, though that system remains a work in progress.

Even the new grosse Koalition apparently wants to introduce a waiting period too, because they wrote it into the new coalition agreement.

Though long, the new coalition agreement is an incomplete document, because the three political parties were unable to reach agreements on every issue under discussion, because they never worked out how to pay for the agreements they did reach, and because the C.S.U. has already started challenging those. Nevertheless, here is a translation of the relevant revolving-door passage according to ZDF heute journal:

“To avoid the appearance of conflicts of interest, we will strive for an appropriate regulation that will apply to outgoing cabinet members, parliamentary state secretaries and political officials.”

German news showed a clip of Mr. Pofalla in 2005 criticizing the decision of ex-Chancellor Gerhard Schröder (S.P.D.) to accept a seat on the board of a German-Russian gas pipeline. ZDF heute journal’s Marietta Slomka said Mr. Pofalla said then that he could imagine a type of “self-obligation” for members of government to voluntarily impose “business thoughtfulness” on themselves for the time immediately after they left office.

In early January, the Deutsche Bahn’s supervisory board [Aufsichtsrat] was expected to decide the Pofalla case in late January 2014. A member of that board told Spiegel.de they were actually planning to reduce the size of the management board rather than add more members.

Update on Monday, 03 Feb 2014: The Frankfurter Allgemeine Zeitung reported that, as part of the E.U.’s first anti-corruption report, which was published today, the European Commission asked Germany to define more specific revolving-door rules.

The report also criticized insufficient German regulations preventing smaller and medium-sized German companies from paying bribes outside of Germany. Which sounds like a type of progress. German election campaign financing is inadequately regulated to prevent companies from exerting influence, the authors said, and the limits defined for lifting German politicians’ immunity from prosecution are too strict.

On the whole, the report gave Germany a somewhat decent grade in the fight against corruption. Great gains can be quickly undone by a few key decisions, however: and despite the “to avoid the appearance of conflicts of interest” paragraph in the new coalition agreement, the F.A.Z. wrote, it had begun to appear inter alia that Germany’s new huge grosse Koalition was no longer going to pass legislation regulating the revolving door but was instead going to leave it up to the new cabinet to make some rules limiting itself.

The E.U. said in two years it will check how well member states have implemented this report’s “homework assignments.”

(POSSED en PSHAW chh ah WRY.)

Fehlbesatzung

Giving the wrong candidate the job.

Leftists party members (~10% of the Bundestag) tried and failed to delay the 19 Dec 2013 vote that confirmed Andrea Voßhoff (C.D.U.) as Germany’s new national data protection officer, replacing Peter Schaar (Green party?). The position is supposed to be party-neutral and is currently bossed by the interior minister (Thomas de Maizière, C.D.U.).

Jan Korte (Leftists) said because Andrea Voßhoff voted to support Vorratsdatenspeicherung, online searches—apparently meaning police searches of people’s tech—and expanding the powers of Germany’s intelligence agencies, she probably was not the best choice to become the country’s top advocate for protecting burghers’ data privacy.

A speaker for the Green party (~9% of the Bundestag) said they too are worried about Ms. Voßhoff as the national data protection officer, but recent revelations about mass electronic spying by e.g. the N.S.A. have shown the whole world how important these rights are. Even an enemy of these rights would now have to support reforms increasing protections of these rights, the Green party member said. Right?

(FAIL bezz ZOTS oong.)

Aufs falsche Pferd gesetzt

Some insight into why left-leaning governments along the very densely populated Ruhr river, even under an S.P.D. + Green party state coalition government such as that of governor Hannelore Kraft (S.P.D.), might persist in doubling down on the “losing bet” on coal-fired power plants: financially-strapped town governments, such as the city of Essen where the huge utility RWE is headquartered, are heavily invested in private utilities’ stock. Essen bought almost 19 million shares of RWE stock in 2007 at ~75 euros and was still listing the stock in its books as worth 75 euros though they were trading at 27 euros when ZDF heute journal reported on this last month. Update on 01 Apr 2014: Essen adjusted its books to reflect its RWE stock’s current trading price, because new rules required the city to do so, and consequently lost 680 million euros on paper. Essen’s capital has now shrunk to ~15 million euros. The city estimates it will have debts of 18 million euros at the end of 2014 and >50 million at the end of 2015 and 2016 (2015 and 2016?). FAZ.net said other Ruhrgebiet cities invested in RWE stock as well.

The city utilities of the towns of Essen, Dortmund, Oberhausen, Bochum, Dinslaken and Duisburg along the Rhine and Ruhr rivers formed an entity called the Stadtwerke Konsortium Rhein-Ruhr which in 2011 bought 51% of STEAG (“the Anthracite Electricity Co.”), a company that operates coal-fired power plants, for a total of 1.2 billion euros in borrowed money.

Academics interviewed on ZDF heute journal said Germany’s energy future is in decentralized renewables, especially solar power and wind. They worried that the utilities stock the financially imperiled Ruhrgebiet cities have borrowed money to invest in wasn’t just tempting city and state governments to make questionable environmental policy but that they would acquire so much debt throwing good money after bad to subvention the old coal power plants that the towns might never recover financially.

Update on 21 Nov 2013: An expert opinion report found that ex-governor of Baden-Württemberg Stefan Mappus (C.D.U.) overpaid by ~780 million euros when he bought into private energy utility company EnBW in 2010, negotiating a shares purchase package for 4.7 billion euros. The report was commissioned by the Stuttgart prosecutors’ office. N.B.: Mr. Mappus was succeeded in office by Winfried Kretschmann, Germany’s first Green party governor, as a result of the fierce protests against the Stuttgart 21 train station expansion project (C.D.U.).

Update on 28 Feb 2014: RWE lost 2.8 billion euros in 2013. This is its first loss year in sixty years. The majority of the losses are from write-downs on gas and coal-fired power plants. It had calculated that its conventional large coal-burning power plants would be selling electricity at 50 euros/megawatt hour in 2014/2015 that it’s selling for 35 euros because of Germany’s investments in decentralized renewable energy sources. RWE’s stock price was almost 29 euros though because shareholders were expecting the news, a trader said.

Update on 04 Mar 2014: RWE’s C.E.O. Peter Terium said at a press conference that the utility “made mistakes too” and was late to invest in renewable energy sources, “perhaps too late.”

Perhaps one-third of their large coal-burning power plants is not earning enough from electricity sales to cover operating costs. The company is 30 billion euros in debt. They said they will have to make cuts, including cutting 10% of jobs by the end of 2016 which is a clear dog whistle to the S.P.D, and asked the German government to help them out of their dead end. The chair of the Mining, Chemistry, Energy union where the new general secretary of the S.P.D. used to work, who is also the new general secretary of the S.P.D.’s life partner, called for the government to support RWE’s request for more government support. Payment for maintaining offlined unprofitable coal-burning power plants would not be a subsidy, said RWE’s C.E.O.

Update on 12 Apr 2014: Spiegel.de reported that Wirtschaftswoche reported that Handelsblatt Online reported that the just top twenty municipal governments owning the most RWE stock lost 2.5 billion euros on paper in the recent write-down to the stock’s current trading price. Essen lost 680 million euros. Mülheim an der Ruhr lost 480 million. “The stock price adjustment is bringing some of them to the verge of bankruptcy.” Also, RWE’s C.E.O. Peter Terium recently confirmed that the utility might issue new stock to get fresh capital, further pushing down the price of its old stock. Wirtschaftswoche and/or Handelsblatt said the affected North Rhine-Westphalian “counties” [Kreis] include Hochsauerland, Rhein-Sieg and Rheinisch-Bergische and the affected North Rhine-Westphalian regional authorities [Landschaftsverband] include Westfalen-Lippe and Rheinland.

No one has explained yet how RWE could be so massively in debt yet 2013 was its first loss year since World War II, unless they’re saying the utility did it by hiding losses on paper while hoping for government support. A 03 Mar 2014 article headlined “Complaining as a Strategy,” in which Spiegel.de said C.E.O. Peter Terium still lacked a plan for bringing the utility giant forward into greatness, cited an RWE presentation dated February 2014 that said the company had debts of ~19 billion in 2008 which increased to ~30 billion euros in 2013. It said it appears the management has cut costs and already budgeted in government aid it expects to receive by explaining how poorly the company is doing, but it still lacks a plan for getting out of the “vale of tears.” Laudable investments in decentralized renewable energy sources such as “Blockheizkraftwerke [decentralized combined heat and power station units], Solarspeicher [storage units for solar energy] and smart home concepts” cannot offset the huge losses from investments in giant dirty power plants.

(Ow! fss   FALL shah   FEAHD   geh ZETTS t)

“Wenn das Angebot erst einmal in dieser Breite vorhanden ist, dann wird die Nachfrage sich einstellen”

“When supply is available in this [amplitude/latitude], then the demand will adjust,” transport minister Peter Ramsauer (C.S.U.) said at the May 2013 electromobility summit in Berlin, explaining how supply was going to drive demand for electric cars in Germany. Though his government certainly wanted more electric cars on German roads, they said they would continue not giving individual consumers subventions or tax rebates for purchasing the expensive but environmentally friendly vehicles. Only ~7000 electric cars were registered in Germany (pop. ~80 million). Electric car prices in Germany were considered high by consumers and everyone—government, car makers and consumers—agreed there weren’t many models to choose from. Auto manufacturers at the government-hosted electromobility conference said on 27 May 2013 they hoped to increase the electric car models for sale in Germany to ~15 by 2015.

Update on 26 Nov 2013: Norway is promoting electric cars more than any other country in the world, with free downtown parking, free downtown recharging, no taxes on purchases of new electric automobiles (omitting 25% V.A.T., import fees and tariffs, import customs charges), no highway tolls and permission to drive in bus lanes. Rich in oil and water, Norway has been selling the oil internationally and using the water to create free electricity for electric cars at home, to meet the country’s 2017 carbon emissions reduction goals. The ~5 million Norwegians own about 14,000 electric cars, which have become the most popular vehicles people are applying to register there, unseating the Volkswagen Golf.

(Ven   doss   ON geh boat   eahst   moll   inn   dee zah   BR-R-R-IGHT ah   foah hond en   issed,   don   vee ahd   dee   NOCHH fr-r-rog ah   zichh   eye n shtell en.)

Rundfunk-Staatsvertrag

“Broadcaster’s treaty,” also short for the name of a law, the Staatsvertrag für Rundfunk und Telemedien or German Interstate Treaty on Broadcasting and Telemedia.

The broadcasting treaty regulating one of Germany’s two big public broadcasters, ZDF, is being reviewed by the supreme Constitutional Court [Verfassungsgericht] in Karlsruhe after a political fight in 2009 about firing ZDF’s editor-in-chief. Germany’s other big public broadcaster, ARD, reported that the case’s core question is whether governments and political parties have too much influence in ZDF’s current setup. The states of Rhineland-Palatinate and Hamburg brought the lawsuit to the supreme Constitutional Court in the form of a complaint about who’s on two boards that control ZDF.

“I believe that we have, step by step, walked ourselves into too much dominance by the government-influenced members of the Administrative Council [Verwaltungsrat] and Television Council [Fernsehrat].” –Kurt Beck (S.P.D.) former Rhineland-Palatinate governor and chair of the ZDF Administrative Council [Verwaltungsrat] who, after trying and failing to make legislative changes, co-brought the suit.

Former Hessian governor Roland Koch (C.D.U.) led the 2009 fight in the Administrative Council [Verwaltungsrat] to not renew ZDF editor-in-chief Nikolaus Brender’s contract.

The ZDF Administrative Council [Verwaltungsrat] has 14 members, of whom five represent German states and one represents the federal government. The remaining eight Administrative Council members are selected by the 77-member ZDF Television Council [Fernsehrat]. That board is supposed to “set guidelines for ZDF shows and advise directors about programming questions” and to consist of 77 people from societally important groups, namely

1 person from each of the German states signing the Staatsvertrag, 3 people sent by the federal government, 12 people sent by the political parties proportionate to their proportions in the Bundestag, 2 sent by the Protestant church, 2 sent by the Catholic church, 1 from the Central Council of Jews in Germany, 1 from the German association of unions [Deutscher Gewerkschaftsbund], 1 from the association of service job unions ver.di [Vereinte Dienstleistungsgewerkschaft e.V.], 1 from the bureaucrats’ union [Deutscher Beamtenbund], 2 from the federal association of employers’ unions [Bundesvereinigung Deutscher Arbeitgeberverbände], 1 from the national chambers of commerce association [Deutscher Industrie- und Handelskammertag], 1 from the German agriculture central committee [Zentralausschuss der Deutschen Landwirtschaft], 1 from the central association of German craftsmen [Zentralverband des Deutschen Handwerks], 2 from the association of German newspaper publishers [Bundesverbandes Deutscher Zeitungsverleger], 1 from the German journalists’ association [Deutschen Journalistenverbandes e.V.], 1 from the media section of the service jobs union ver.di, 4 from the Free Welfare Associations [Freie Wohlfahrtsverbände] (and that should be 1 from the German Protestant church’s Diakonie Werk, 1 from the German Catholic church’s Deutscher Caritasverband e.V. umbrella association of charities, 1 from the German Red Cross, 1 from the central committee of the German workers’ welfare group Deutsche Arbeiterwohlfahrt e.V.), 1 from the German cities’ council [Deutscher Städtetag], 1 from the German association of cities and communities [Deutscher Städte- und Gemeindebund], 1 from the German counties’ council [Deutscher Landkreistag], 1 from the German sports association [Deutscher Sportbund], 1 from Europaunion Deutschland e.V., 1 from the German association for the environment and protecting nature [Bund für Umwelt und Naturschutz Deutschland e.V.], 1 from the German nature protection association [Naturschutzbund Deutschland], 1 from the association of displaced persons [Bund der Vertriebenen], 1 from the coalition of victims of Stalinism [Vereinigung der Opfer des Stalinismus] and 16 from education, science, the arts, culture, the film economy, the free professions, family work, child protection, youth employment, consumer protection and animal protection.

Yet ARD tagesschau.de legal correspondent Frank Bräutigam’s chart broke these 77 members down into only three main groups: 45.4% board members from governments/political parties, 27.3% from unions, 20.8% from professional groups. The current judicial review will be casting a sharp eye on the complaint that the 27.3% unions and 20.8% professional groups are also nominated by the political parties. In fact, said ZDF heute journal, a considerable portion of them are selected by state governors, adding that informally the television council actually breaks down into two large groups: the C.D.U.’s allies and the S.P.D.’s allies. Usually, said people defending the current system, the duopoly controlling the ZDF television council is balanced enough to prevent the appearance of violation of the German Constitution, which guarantees freedom of reporting in broadcasting and film (Grundgesetz, Art. 5).

ZDF heute journal said the supreme court cannot change the Staatsvertrag but can define criteria limiting it.

ARD tagesschau.de calmly concluded their report by noting that the German supreme court in Karlsruhe has been issuing decisions that help define Germany’s media landscape for decades now. A verdict is expected in 2014.

Update on 25 Mar 2014: The court issued its verdict, invalidating the ZDF charter because it allows too much political influence to be taken. Germany’s public broadcasters must not become state broadcasters, said the judges. In future, the 44% of ZDF’s board members who are politicians or “part of government or close to government” must be reduced to 33%, and political parties must stop exerting “determining influence” on the naming of the other board members (who are supposed to be “far from government” but were in part being named by e.g. state governors).

Germany’s public broadcasters must also remain available to the public and not be allowed to wither by being restricted to obsolescing technology.

The judges demanded a cultural change at German public broadcasters, to become more of what they were always intended to be, said Süddeutsche.de: an institution for the entire society, reflecting diversity and variety in that society. Freedom of broadcasting as it is guaranteed in the German constitution is based on ensuring variety of content that cannot be achieved via a free market alone, the judges said. One judge’s minority opinion said these measures were too lenient, that 33% was still too high, and he called for emancipation of the public broadcasters from government entirely.

(ROOND FOONK shtots fair TROG.)

Ehrenwort

Word of honor.

In the inquiry into the C.D.U. party’s underreporting and/or underpayment of taxes on large donations e.g. from the arms dealer and lobbyist Karlheinz Schreiber, former chancellor Helmut Kohl was asked where the money came from and said he couldn’t say because he’d given his “Ehrenwort” to some donors. And the matter of his criminal culpability was dropped. Some evidence went missing too.

Karlheinz Schreiber went to Canada where he got in trouble for making underreported donations to politicians.

(AIR en VORT.)

Bankendaten-Transfer ausgesetzt

Stopped the transfer of banking data.

On 23 Oct 2013 members of the European Parliament parties the Social Democrats, Greens, Leftists and (libertarianesque) Liberals voted 280 to 254 to stop providing bank transfer data to the U.S. under the S.W.I.F.T. agreement until more is done to fix the U.S.’s disrespect for data protection worldwide. Bank transfers have replaced checking in Europe, and the E.U. had originally, reluctantly, agreed to let the U.S. access bank transfer data in order to help fight terrorism.

Only four E.U. countries, including Five Eyes member Britain, and the German C.D.U./C.S.U. M.E.P.’s remained in favor of the status quo (this was before revelations that the U.S. had bugged the cell phone of Chancellor Merkel (C.D.U.)!). France was leading the protest, especially after articles in Le Monde that week about the vast extent of N.S.A. spying in France, slurfing tens of millions of French phone calls in just one 30-day period. The angry M.E.P.’s wanted the U.S. to, among other things, be honest and precise about what its organizations have been doing. An anonymous committee member was quoted in Spiegel.de as saying they know now that the U.S. does not change anything until after you stand up and say no to them.

The European Parliament decision to stop providing S.W.I.F.T. transfers data still must be approved by 2/3 of the 28 member states. The coalition of proponents doesn’t quite have those numbers yet, but lately U.S. intelligence agencies tend to help their opponents by delivering new outrages rather than, say, providing honest and precise information about what they, the myriad private contractor intelligence companies the U.S. hires, and their public and private partners around the world, have been doing.

Some goals, from the press release for the nonbinding solution:

“Parliament stresses that any data-sharing agreement with the US must be based on a consistent legal data protection framework, offering legally-binding standards on purpose limitation, data minimisation, information, access, correction, erasure and redress.”

Update on 27 Nov 2013: E.U. interior commissioner Cecilia Malmström (Swedish Liberal People’s Party, conservative-liberal, liberal with the non-U.S.A meaning of libertarianesque) announced that the commission was negating the E.U. parliament’s decisions to stop sharing E.U. air passenger data and S.W.I.F.T. bank transfer data with the U.S.A. “to fight terrorism” because, she said they said, there was no evidence the U.S. had violated the agreements. And, the E.U. Commission was also not going to change the toothless self-policing “Safe Harbor” data protection agreement: justice commissioner Viviane Reding has given the U.S. a 13-point data protection homework assignment to implement by summer 2014, after which the E.U. will re-examine torpedoing “Safe Harbor.”

(BONK en dot en   TRONZ fair   OW! z’gez ets t.)

EUR 9.85, EUR 8.50

9.85 euros is what a liter of slowly warming beer cost at the 2013 Oktoberfest in Bavaria (6 million visitors were expected this year). 8.50 euros is the national statutory minimum wage the S.P.D. party promised to introduce in its recent election campaign. Looking on the bright side, this labor breakthrough is what the S.P.D. is now hoping to permanently achieve by agreeing to an identity-destroying grosse Koalition with the C.D.U./C.S.U.

Minimum wages in Germany are negotiated individually by each union though not for all job types. Notoriously, German hairdressers often work so many hours that their per-hour earnings are shockingly low. So do many cleaners, cooks, florists, healthcaregivers, waitstaff and especially also meatpacking industry workers whose jobs are subcontracted by subcontractors. ZDF heute journal reported on 17 Oct 2013 that 5 million Germans earn less than the proposed minimum wage, one in four workers in the former East Germany.

In the fight to prevent a national minimum wage, employers and their economists and their other academics and conservative politicians have made predictions about the damage a minimum wage would cause. In the fight to introduce a national minimum wage, proponents have discussed how it would ease strains on a welfare state’s social services, which have had to cover for employers of the working poor. In a country that keeps good records such as Germany it will be interesting to be able to measure the results against the predictions, and to compare them to results from other countries that introduced minimum wages such as Britain (with success) and Poland (results middling but the wage may have been set too low to do much, at 2 euros/hour). If it happens, the German minimum wage will be an ongoing experiment certainly subject to future negotiation and adjustments.

Minderheitenrechte im Bundestag

Bundestag minority rights, minority meaning the multiple parties that aren’t part of the multiple-parties ruling coalition.

Update on 09 Oct 2013: If the two biggest parties, Chancellor Merkel’s C.D.U./C.S.U. and the S.P.D., form another huge coalition, the Green party + Leftists opposition would be so tiny they wouldn’t have the votes e.g. to create investigative committees [an Untersuchungsausschuss], call a special session [Sondersitzung] or ask the supreme court in Karlsruhe to check a law’s constitutionality [Normenkontrollklage]. Because of this, the Green party announced on 09 Oct 2013, they will consider asking the supreme court in Karlsruhe to review the situation and verify that minority rights are still appropriately guaranteed in the Bundestag should a grosse Koalition result from the 22 Sep 2013 election.

Update on 19 Oct 2013: C.D.U., C.S.U. and S.P.D. gave assurances that the ~9% + ~10% opposition consisting of two small parties would be allowed the same rights and control/inspection capabilities that require 25% in a normal Bundestag. Meanwhile, S.P.D. party members voted yes to proceed with negotiations with the C.D.U. for a new grosse Koalition government, that could start ruling in early December.

Interesting update on 16 Jan 2014: The “bonsai” Bundestag opposition really means it about wanting to change the rules so they don’t have to wait for members of the two big parties to magnanimously provide formal support enabling their initiatives. Bundestag president Norbert Lammert (C.D.U.) is considering a Bundestag law that would lower the minimum from 25%, but this pathway is unsatisfactory to the opposition because such a change could be undone just as easily. A change to the German constitution would be more permanent.

Amusing characterizations were swapped in this ZDF heute journal report. A Green party rep said the Leftists were intending to go “full opposition” this time while the Greens wanted to be a “constructive opposition.” A Leftists rep said the Greens were behaving like a “government-in-waiting.”

Update on 11 Feb 2014: The ruling grosse Koalition is still talking about making the changes to give the <25% opposition some tools besides speechifying. Though they are about to propose and pass a 10% raise for themselves within one week.

The grosse Koalition is saying yes, the Bundestag’s rules of procedure really ought to be changed to allow oppositions <25% to create investigative committees. But no, now they refuse to agree to allow <25% oppositions to ask the supreme court in Karlsruhe to check constitutionality of laws [Normenkontrollklage].

Update on 03 Apr 2014: The two parties in the grosse Koalition, C.D.U./C.S.U. + S.P.D., and the oppositional Green party voted to change the Bundestag’s rules of procedure to allow this 19% opposition to create investigative committees and call special sessions. The oppositional Leftists abstained because the compromise agreement did not go far enough. The new rules will apply until the next Bundestag election.

Update on 28 Jun 2014: The bonsai opposition was unable to file complaints against the Bundestag’s creating automatic raises for itself and against the reform to Germany’s switch to renewable power sources. The Greens weren’t able to call a certain type of hearing to review last minute substantial changes to the Energiewende reform because they lacked the numbers.

(MINNED eah height en RECT eh   im   BOON dess tochh.)

“Bekannte Gefangenschaft”

Known captivity” of forming a “grosse Koalition,” a large coalition consisting of Germany’s two biggest political parties and practically no opposition. After the 22 Sep 2013 Bundestag election, Chancellor Merkel‘s C.D.U. was more powerful than ever yet needed another seat or two for a Bundestag majority. Its trusty traditional libertarianesque coalition partner, the F.D.P., didn’t manage the 5% hurdle created to prevent future Hitlers and so is now out of the Bundestag. Whoever partners with the C.D.U./C.S.U. to form the next government will probably lose their political soul and end up with their core voters [Stammwähler] fleeing in droves after the bigger partner forces them to agree to break faith with their supporters and their political identity again and again. Yet, as an old S.P.D. politician is said to have said, opposition is crap [“Opposition ist Mist”].

The S.P.D. promised, swore, during the campaign that they would not form a grosse Koalition.

Update on 25 Sep 2013: The Greens are proposing their pals the S.P.D. as the C.D.U.’s coalition partner and the S.P.D. is proposing the Greens. A cartoon was published showing Angela Merkel saying, “Yoo hoo!” and the Greens and S.P.D. chairs scrambling up a tree to hide in the leaves. But the German constitution requires a coalition be formed by Oct. 22. And the S.P.D. has reason to fear its ~25% result would drop even lower if a new election were called.

Update on 26 Sep 2013: The S.P.D. is supposedly pushing to make the C.D.U. break a campaign promise before the S.P.D. breaks its campaign promise by forming a grosse Koalition with them. Before the election, the S.P.D. promised to raise taxes for the richest Germans, anathema for the C.D.U./C.S.U. (& F.D.P.). Now the S.P.D. is indicating they could and would make the C.D.U. raise some taxes on some rich people as a coalition precondition.

The Leftists party (Die Linken) was originally created by former East German politicians twenty years ago and now houses some apostate S.P.D. pols who felt the Social Democrats were trending too far to the right—especially after joining grosse-Koalition C.D.U. governments. If the socialistical S.P.D. would partner with the Leftists plus their traditional partner the Green party, they might form their own majorities and take over state and federal governments. But the S.P.D. oath never to work with the Leftists seems to be the one campaign promise they’ll keep.

None of the options available can be taken. The most logical solution, S.P.D. + Leftists + Greens, has been ruled out. The most harmful for German voters, a grosse Koalition with no opposition, looks the most likely. Democratic elimination of the most dishonest-seeming party brought about this impasse, which cannot be resolved without further vile treachery. The ensuing wriggling and oath-breaking will occur very publicly, under a high degree of light and attention by U.S. standards.

Update on 27 Sep 2013: Germany’s post-parliamentary election process, within which many people are discussing how to accomplish what seems obviously impossible. After 1) post-election party meetings behind closed doors [geschlossene Gespräche; Konvent], the Green party and the S.P.D. announced they are prepared to talk with the C.D.U. about forming a coalition in the 2) “sounding out” pre-coalition pre-negotiations phase [Sondierungsgespräche]. The S.P.D. chair said he wanted to compensate core voters for the party’s obvious willingness to break the no-grosse-Koalition promise, less than one week after the election, by involving the voters in the grosse Koalition decision in special ways. This almost sounds like hinting the S.P.D. might adopt Pirate Partystyle new technologies in addition to new communications and decision-making systems—if democratic software innovations can be trusted before resolution of the N.S.A./G.C.H.Q. spying that’s been revealed but not yet regulated. In fact, S.P.D. voter participation here would be limited to an up-or-down vote on any grosse Koalition agreement that’s negotiated, giving the S.P.D. comrades minimum input while placing maximum emphasis on the temptations of exiting the opposition, apparently also hoping to force S.P.D. voters to break the campaign promise too.

Update on 28 Sep 2013: “The Greens will make it with everyone,” complained one voter. The Green party is trying to bust out of its traditional coalition role of only partnering with the S.P.D. They want to re-emphasize their environmentalism and “critical accompaniment” of the Energiewende. Then, having strengthened their own political identity thus, they want to seriously consider partnering with everyone including the Leftists (Die Linken). The Greens say they’ll let the S.P.D. go first in negotiating about a coalition with the C.D.U. because, they said, if they negotiated in parallel the C.D.U. would play the two parties off against each other.

Somehow, the Greens also want to start sounding like they’re not telling people what to do, even though that’s how environmentalists work. They’re right however that a vacuum or opportunity has presented itself in Germany for politicians who figure out how to champion personal liberty, now that the <5% F.D.P. who claimed that was them is out of the picture, and the <5% Pirate Party is mostly out too. The German Pirate Party arose in part because the Green party was crewed by 1980’s types who distrusted technology, which is where serious individual liberty and privacy wars are being fought these days.

(Beh CON teh   geh FONG en shoft.)

 

Ellenbogen und Solidarität

 

“Elbows and solidarity,” this year’s Hessian S.P.D. candidate’s description of how his party will fight to win the Hessian state election occurring simultaneously with the federal Bundestag parliamentary election on 22 Sep 2013. The C.D.U. manages to win the state of Hesse rather consistently.

(Ellen BO gen   oont    zoh lee dar ee TATE.)

“Gewährung von Befreiungen und Vergünstigungen an Unternehmen, die mit Dienstleistungen auf dem Gebiet analytischer Tätigkeiten für die in der Bundesrepublik Deutschland stationierten Truppen der Vereinigten Staaten beauftragt sind”

Frontal 21 investigative reporters discovered that Germany’s governments issued permits to private-sector U.S. firms to spy on German soil at least as far back as August 2003, when the Foreign Office under Joschka Fischer (Green party) happened to create the earliest documentation found for this so far by publishing in the German Federal Gazette [Bundesgesetzblatt, BGB] some proposed amendments to what looks like a 2001 permit issued to the U.S.A.:

“Granting of exemptions and advantages to companies commissioned with services in the field of analytical activities for United States troops stationed in the Federal Republic of Germany” [Translation of the German BGB version.]

This English text from another news program might be a less-translated version closer to the original:

“Granting of exemptions and benefits to enterprises charged with providing services in the field of analytical activities to the United States Forces stationed in the Federal Republic of Germany”

The show’s reporters said they found a 2011 document saying the German government had issued spying licenses to 207 intelligence private-contractor companies that apparently have included, to name just a few, Booz Allen Hamilton, L3 Services Inc., Military Professional Resources Inc. (M.P.R.I.), Galaxy Scientific, The Analytic Sciences Corp. (T.A.S.C.), Science Applications International Corporation (S.A.I.C.), R4, Pluribus International, Bevilacqua Research Corp., Silverback, Information and Infrastructure Technologies (I.I.T.), Electronic Warfare Associates (?? E.W.A.), D.S.R. (?), General Dynamics, D.P.R.A. (?), Computer Sciences Corporation, CACI, GeoEye Analytics, Lockheed Martin. The 2011 document was mentioned because Germans were incensed by Chancellor Angela Merkel’s C.D.U./C.S.U. + F.D.P. coalition government’s claim that it only found out about Prism via the newspapers.

The Frontal 21 report opens with a local mayor’s delightful driving tour around an area called the Dagger Complex in the Hessian town of Griesheim, only 30 km from Frankfurt/Main. Frankfurt apparently has the world’s largest node for internet traffic, operated by a German company called De-Cix. A representative from De-Cix reminded the reporters that any U.S. companies involved with manufacture or operation of the Frankfurt node’s cables or computers could have been forced by U.S. law to violate German law and grant access to the data flowing through them, and ditto for Chinese companies and Chinese law, et cetera. The U.S. firm Level 3 Communications, apparently the world’s biggest data network operator, runs an important computer center for the Frankfurt node. (It said it runs five Germany data centers actually, in Berlin, Hamburg, Düsseldorf, Frankfurt/Main and Munich.) Frontal21 narrator: “Like all U.S. network operators, [Level 3] had to agree to let its data be saved off to America and to give American intelligence agencies access to it.” Commentary from pundit historian Josef Foschepoth concluded the report by saying post-W.W.II German law still provides some outdated protections to allied countries spying on German citizens in violation of German law. He said they used to call it the Alliertes Vorbehaltsrecht and now they’re calling it “legal obligations of the German government.”

(Geh VARE oong   fon   beh FRYE oong en   oont   ferg IN stig oong en   on   oon ta NAME en,   dee   mitt   DEENST lye stoong en   ow! f   dame   geh BEET   on oll it ish ah   TATE ichh kite en   foor   dee   in   dare   BOOND ess ray poob leek   DEUTSCHLAND   shtah tee own EAR ten   TROOP en   dare   fare EYE nichh ten   SHTOT en   beh OW! f trog t   zint.)

Null-Nummer

“A nada number,” zilch, zip, zero. Opposition politicians criticized the 24-hour visit of Interior Minister Hans-Peter Friedrich (C.S.U.) to the U.S.A. on July 12 to discuss N.S.A. spying with the Obama administration, saying Mr. Friedrich let himself be fobbed off with nonexplanations and didn’t realize the seriousness of the issues when he apparently decided to choose government rights over burgher rights. An op-ed in the Süddeutsche Zeitung said democracies can’t have freedom unless individuals in the democracies have freedom and privacy at home, and that this is a time that calls for voices and courage.

(NEWEL new mah.)

Cum-Ex-Geschäfte

“Cum/ex transactions.” A lucrative tax loophole that major German banks have been using. Spiegel reported the story on 28 Apr 2013, saying it had been broken by the Berlin Sunday version of Die Welt (Die Welt am Sonntag, WamS) but so far search results for it online are only turning up in Der Spiegel. The loophole, estimated to have cost the German government 12 billion euros so far, was created by corporate tax reform legislation of the SPD + Green Party coalition in 2002. Though discovered by officials shortly thereafter in 2002, and reported all the way up the chain of command, the loophole was not fixed by Hans Eichel (SPD) or his successor Peer Steinbrück (SPD, currently running against Angela Merkel for chancellor of Germany). Amendments to the law in 2007 made the situation worse, Spiegel reports that WamS reports. Wolfgang Schäuble (CDU) appears to have waited several years to fix the problem as well, though now the order appears to have gone out.

The problem was this: under certain circumstances capital gains tax could be reimbursed multiple times. After e.g. stocks or bonds were sold short but before they were bought back to conclude the transaction, German bureaucracy sometimes obscured to whom the stocks or bonds belonged: the person loaning the stock, the short seller or the end customer. The question would be trivial, say financial reporters, were it not for the fact that sometimes if the sale occurred right before a dividend the German IRS would erroneously issue more than one get-your-tax-back certificate for capital gains on the stock. Honest people would ignore the unearned get-your-tax-back certificate, but others would deliberately game the system to get the treasury to reimburse them these taxes even conceivably more than five times, said professor Heribert Anzinger of the University of Ulm.

This looks like the dividend stripping loophole HypoVereinsBank and others were reported in 2012 to have used to extract money from the German fiscus. Etymologically, Wikipedia contributors explain, when a company’s general assembly of shareholders decides to issue a dividend, the dividend is usually issued the day after the assembly meeting, called the “ex day” (“Ex-Dividende”). The day before the ex day is called the cum day, for arcane reasons.

(COOM   ECKS   geh SHEFF teh.)

Inländische Steueroasen

“Domestic tax oases” inside a country. The head of the largest opposition party to Chancellor Merkel’s government coalition has accused the states of Bavaria and Hesse of acting like tax paradises within Germany by hiring low numbers of tax officials, reducing tax auditing frequencies and bruiting that about in order to attract businesses. It’s probably no coincidence that Bavaria and Hesse recently filed a lawsuit seeking to break the decades-old post-WWII reconstruction “solidarity pact” in which German states that are doing well financially pay money to German states that are not.

US state Delaware was mentioned in a “Planet Money”-style ZDF report that said it has very low taxes, very business-friendly courts, 800,000 inhabitants and 900,000 companies and is where most of the world’s firms “organize their America business.”

(E’en LEND isch ah   SHTOY er oh OZ en.)

Kapitalverschleierung über Steueroasen

“Using tax oases to veil capital.” Methods for doing this were disclosed by financial data about 130,000 people, in 170 countries, >120,000 “mailbox companies,” >260 GB in >2 million documents from a time range of ~30 years sent anonymously to the International Consortium of Investigative Journalists over a year ago. The story hit the world press on 04 Apr 2013. Greek and Filipino tax authorities announced that they will be investigating. The vice president of Mongolia‘s parliament will probably have to resign. Some of the still-legal methods to create tax opacity to be gleaned from the data were shown to have been used by the Deutsche Bank in Singapore, which had an intermediary agent (Trustverwaltungsfirma, “trust administrator company”) create >300 companies in so-called tax paradises (Steuerparadise).

In response: Gerhard Schick (Green Party) suggested Germany follow France’s example of levying an additional tax on all transactions with low-tax countries, disincentivizing tax flight (Steuerflucht) by neutralizing the advantages. Joachim Poß (SPD) proposed “an international anonymous NGO and a comprehensive information exchange, starting here in Europe.” The Leftists party proposed following the USA’s example of linking tax obligations to citizenship, so that every German residing abroad would be obligated to report “their total income every year, how much property they owned in total and what taxes they had had to pay for that in the Seychelles that year. And the difference between that and their German tax obligation” would then have to be paid in Germany, said Gregor Gysi (Die Linken).

The Süddeutsche Zeitung reported that they and NDR were the two German media outlets given access to the data (of “the biggest leak in world history”), and furthermore that a representative of Finance Minister Wolfgang Schäuble requested access to the data on Thursday, 04 Apr 2013, but the SZ would not grant that request. The data were protected under freedom of the press (Pressefreiheit), which includes protecting one’s sources, the Süddeutsche wrote. Sharing the data with government authorities might endanger those sources and obstruct the SZ’s ongoing research. NDR also refused the request to share the data. Now Focus magazine seems to have acquired the data somehow.

Update on 06 Apr 2013: “I have a certain degree of pleasure from the fact that this public scandalization in all countries has very much increased the pressure,” said German finance minister Wolfgang Schäuble with quiet satisfaction on 05 Apr 2013. “And now we have better chances to make progress faster than was possible in the past.”

Critics say the German finance minister has to be kidding because everyone’s known about this for years. If Schäuble were serious, they say, his office would be drafting new legislation. Income tax is regulated state-by-state in Germany, for example, and some people are calling for it to be centralized, made into a uniform federal-level taxation system with fewer “tax bait” niches. The OECD seems to be the locus for international negotiations in response to the new information; that group wants to issue a list of proposed actions in response to the “Offshore Leaks” data trove by July 2013.

(Cop ee TALL fer SHLY er oong   üüüberrr   SHTOY er oh OZ en.)

Saustall

“Sow sty.” In German, the sow is a more intensive metaphor for the pig. Pigs are pigs, but the sow is the SOW. After a six-month investigation of the Saxony state Verfassungsschutz office (Saxon LfV), the investigating committee (of “independent experts” under a former German Attorney General) has said the place wasn’t a complete sow sty but they still have some recommendations for reform. The commission proposed creating a permanent “Verfassungsschutz commissioner” for Saxony, a position that does not yet exist in any other German states and would be similar to the state “data protection commissioners” who are already widespread. The Verfassungsschutz commissioner should have an intelligence background, investigate independently, and not be dependent on which parties control majorities in state parliaments or on legislature election periods.

The investigation was started half a year ago by the CDU governor of Saxony after some Saxon LfV files relevant to the serial-killing neonazi terror cell turned up but no one knew whence or how. Although the independent commission did not discover the origins of those files either, they did find many problems with the Saxon LfV’s filing system and also recommended “tightening things up” organizationally inside that authority, leaving power structures as they are but sending “the best people” to federal centers.

(ZOW! shtoll.)

Anlassbezogene Prüfung

“Investigation because investigation is indicated.” German Minister for Work and Social Matters Ursula von der Leyen (CDU) has announced that Amazon.de will be investigated for maltreatment of its workers in Germany. The situation reached national attention after an investigative report by ARD about worker rights abuses at the company. In response to the report and the uproar, Amazon has fired its relevant private security firm, H.E.S.S.

(On loss beh TSOH geh neh   PROO foong.)

Transall

The type of the two transport planes Germany originally sent in January 2013 to support France’s intervention in northern Mali. France then asked for more military support from Germany, such as planes that could refuel French fighter jets in the air. Germany’s Green Party was among those questioning the wisdom of this; Bundestag member Katja Keul said for example that it is crucial that any military aid should transition to a political process, “because the military can never bring the solution to the problem.” However, Germany then agreed to send 40 soldiers for training purposes. On 18 Feb 2013 Spiegel-Online reported that Angela Merkel’s government was planning to ask the Bundestag to increase that to “up to 330” soldiers, i.e. 180 for training and 150 for logistics. The 18 Feb Spiegel article also mentioned that Germany was now providing three Transall and one in-flight refueling Airbus planes to the multinational effort in Mali.

(Tronz ollll.)

Trennbanken

Separation banks.” Germany’s ruling coalition has indicated that it wants to pass legislation that prevents banks from speculating with money from savings accounts. ZDF’s Valerie Haller said this would split today’s universal German banks into two entities under one roof: one for “consumer business” and one for “risk business” (probably “commercial banking” and “investment banking” in English). If the laws are in fact drafted and then pass, the new rules would come into force two years from now.

Update on 5 Feb 2013: Chancellor Angela Merkel’s cabinet has announced it will start putting together “a comprehensive bank regulation package” on Wed. 6 Feb 2013. They say it will include civil and criminal punishments for managers whose assumption of risk endangers their institutions, will separate “speculative banking” from “customer banking” and will require banks to have emergency plans in place in case of worst-case scenarios.

Update on 7 Feb 2013: They did it. On Wed. 6 Feb 2013 Finance Minister Wolfgang Schäuble (CDU) announced the proposals in his characteristically clear, reasonable, reliable-sounding way. The opposition criticized that the new banking regulations are late and don’t go far enough. “Too late and too vague,” said the SPD’s chancellor candidate Peer Steinbrück, who said he submitted a proposal to separate universal banks six months ago. About ten large banks in Germany will be affected by the new rules.

(TRENN bonk en.)

Grossspenden

“Large donations,” in this case business donations to political parties exceeding 50,000 euros. Private donations to Germany’s political parties are low by U.S. standards and have been decreasing since 2002, though they still spike in election years. Of the reported large donations of this type from 2002 until 2012, 45.2% went to Angela Merkel’s CDU, 21.4% interestingly went to the CDU’s Bavarian sister party the CSU (a state party that manages to hold power at the national level), 17.0% to the FDP and 10.8% to the SPD. The Greens and Leftists are calling for reforms mandating that private political donations go to individuals and not parties, and capping them at 100,000 euros.

Update on 10 Aug 2013: The Bundestag published a list of Q1 + Q2 2013 “large donations” >50,000 euros by political party:
CDU 600,000 euros, SPD 290,000 euros; FDP 130,000 euros, and no large donations were listed for the Green party or Leftists (Die Linken).

The Bundestag website enables easy comparison to their large donation lists from previous years.
Q1 + Q2 2012: CDU 267,000 euros, CSU 141,000 euros, SPD 259,000; FDP 59,000 euros.

Update on 16 Oct 2013: Three major Bavarian Motor Werks [BMW] shareholders each made a large donation of ~200,000 euros to the C.D.U. party on 09 Oct 2013. The political donations were properly reported. However, at about the same time the German government (C.D.U./C.S.U. + a new coalition partner t.b.d.) made the unusual move of blocking stricter carbon dioxide standards for car exhaust under discussion in Brussels. The C.D.U. denied the two events were connected.

Update on 17 Oct 2013: The C.D.U.’s Bavarian state sister party the C.S.U. also received a relatively large large donation after the recent Bundestag campaign: half a million euros from the Bavarian Metal and Electronics Industry Association [Verband der Bayerischen Metall- und Elektroindustrie]. Süddeutsche.de reported that the C.S.U. received the donation on Tuesday, 15 Oct 2013, and reported it on Thursday, 17 Oct.

(GROSS shpen den.)

EEG-Umlage

The “Renewable Energy Act Contribution” or sharing of the investment costs of Germany’s “biggest infrastructure project of this age,” the Energiewende conversion to renewable energy sources. Shortly before Christmas, on 19 Dec 2012, Angela Merkel’s government announced that a record ~1550 companies had received permission to not pay the increased EEG-Umlage contribution for 2013. About 2000 firms had applied for the 2013 rebate; about 500 of these applications were “questionable” and still under review, though not yet rejected. Only 778 companies received the 2012 rebate. The costs resulting from the ~1550 companies’ nonpayment in 2013, estimated by the Green party to be “up to” four billion euros, will be divided up among and paid by private consumers.

Update on 7 Mar 2013: The Düsseldorf Higher Regional Court voided businesses’ exemption from sharing the costs of building the new power lines required to connect the new alternative energy sources to the electricity grid. Chancellor Merkel’s government said in response that it will quickly eliminate this exemption (the Netzentgeltbefreiung). The opposition parties welcome the decision.

Update on 09 Oct 2013: The EEG-Umlage paid by private households will go up again in 2014 to 6.3 eurocents per kilowatt hour. Tagesschau.de’s graph showed it rising from 1.2 eurocents in 2008 to 5.3 eurocents in 2013. Household consumers’ EEG-Umlage is used to subsidize not only a steadily increasing number of businesses receiving electricity rebates from Chancellor Merkel’s government but also to pay the higher kilowatt-hour price guaranteed for twenty years at the subvention in force when the photovoltaic system is installed to people who put solar panels on and around their buildings to feed electricity into the grid. As announced long ago to incentivize folks to install decentralized home solar feeds faster, the guaranteed twenty-year price+ solar subventions are currently being tapered down, steadily reduced in what looks like annual amendments to Germany’s EEG law. The rising Umlage fee compensates in part for falling electricity prices on the exchanges, because of the conversion to decentralized renewables and despite the closure of all of Germany’s nuclear power plants and now, possibly, several coal-fired plants as well. And perhaps also closure of a giant “surface mine” that produces the more-polluting “brown coal” or lignite to run an adjacent coal-fired power plant; the Garzweiler pit is so big it has swallowed 14 villages so far and was scheduled to eat several more.

(Eh eh geh   OOM log ah.)

Sperrkonto

A blocked or frozen account. Before the troika’s report, Finance Minister Wolfgang Schäuble (CDU) suggested that rather than wait for the troika’s results Germany make its next tranche payment of aid to Greece anyway, putting it in a frozen account that will automatically pay off certain obligations but not be completely available, somehow. In its 17 Oct 2012 article, Spiegel-Online indicated that the French government too was getting tired of having to deal every few months with problems from Athens. A blocked account similar to the proposed one is currently in use, but it is under the auspices of the Greek finance agency. The new blocked account would be at an institution inaccessible to the Greek government. Spiegel-Online went on to report that additional proposals included giving the Greek minister of finance more powers to strengthen his position versus the other cabinet ministers, bringing in more bureaucrats from other countries to provide development aid in Greece, having Greece issue more “T-bills” and asking or demanding forgiveness of certain debt types.

(SHPARE con toe.)

Das bürgerliche Lager

The “burghers camp,” the “middle class position,” was being invoked in Stuttgart’s recent politics much as the “center” is in the USA. After Stuttgart’s mayoral election on 21 Oct 2012, the Green candidate had 52.9% of the vote and the “nonparty” (CDU, Merkel-supported) candidate 45.3%. The Green party is now in charge of Stuttgart for the first time, with an absolute majority (!), after 40 years of CDU mayors in various coalitions. Part of the voters’ general anger was in response to last year’s “Stuttgart 21” controversy in which the CDU insisted on going through with expansion of the main train station at the cost of parts of its historic building, trees in the castle park, public access to the castle park for ten years of construction, public land sold for development and cost overruns exceeding the originally promised price of EUR 200 million to the current estimate of EUR 4 billion and possibly even EUR 18 billion because a 2003 report found the area too unstable for an underground train station. I also wonder about the archeological losses incurred by digging next to a castle site that’s over a thousand years old.

New Oberbürgermeister Fritz Kuhn (Green Party) said, “This assumption that the burghers camp is the CDU and FDP is ~[as dead wrong as it’s possible to be wrong in a very wrong way]. We too are in the burghers camp, but with a progressed understanding of the middle classes. And today’s success is actually the success of a long-term strategy that’s been ongoing for years.”

Update on 12 Dec 2012: Stuttgart 21 is now estimated to cost 6.8 billion euros (but only if it  finishes in 2021 as planned, &c.). The head of Deutsche Bahn, the German Rail operator, has now alleged that canceling the project will cost 2 billion euros. But, says Spiegel-Online, he has also said for some time that Stuttgart 21 would only be worth carrying out if its costs did not exceed 4.7 billion euros.

Update on 21 Nov 2013: An expert opinion report found that ex-governor of Baden-Württemberg Stefan Mappus (C.D.U.) overpaid by ~780 million euros when he bought into private energy utility company EnBW in 2010, negotiating a shares purchase package for 4.7 billion euros. The report was commissioned by the Stuttgart prosecutors’ office.

Update on 07 Mar 2014: Stuttgart prosecutors are now investigating ex-governor Stefan Mappus for his role in the police beatdown of the Stuttgart 21 protests. They are examining whether Mr. Mappus lied, while not under oath, when he told the state parliament’s investigating committee that he’d never exerted any influence on the government’s counterprotest measures, that he merely gave police moral support during visits and meetings. Top police officials and their documents have now indicated that the governor made “rigid instructions” during the protests, including telling police to use water cannons. ~130 demonstrators and ~30 police officers were injured during the events that ensued on 30 Sep 2010. Mr. Mappus’s hands-off claim was supported by the head of police at the time, Siegfried Stumpf, who said he alone bore responsibility for the decisions and their consequences. Now other top officials have said Mr. Mappus told police, “Bring the bulldozers in. If you won’t do it, I’ll get police from another state.” Mr. Mappus denies this and has filed a lawsuit for defamation [üble Nachrede].

Update on 05 Aug 2014: The castle park is gone. Digging started on the huge Stuttgart 21 underground train station even though experts say a canal running through the site will cause problems. Deutsche Bahn will have to pump out groundwater but only has a partial permit to do so. Also, Deutsche Bahn still doesn’t have an approved fire protection concept. The latter issue ended up costing the Berlin-Brandenburg airport years and billions of euros, with still no solution in sight.

ZDF heute journal reported that a new fire safety concept had to be developed for the underground train station after requirements were set higher in 2010 and after a stress test showed more passengers would be using the facility than the planners had calculated. Now what looks like fire escape stairs will be built, three on each platform. One problem there is that there will be only 2.05 meters of space on either side of these sets of stairs, bottlenecking masses of rail passengers. The founder of a “Wikireal” fact-checking portal told ZDF that Deutsche Bahn has said two meters isn’t enough space even in small train stations. Deutsche Bahn’s Stuttgart 21 spokesman said there were no bottlenecks in the planned train station.

The new fire safety concept was supposed to be approved in June 2014 but the authorities had questions, said Deutsche Bahn’s Stuttgart 21 spokesperson.

(Doss   BERR gur lichh eh   LOG er.)

Gläserne Abgeordnete

“Transparent parliament members.” What the CDU/CSU wants to avoid, which is why they oppose full disclosure of Bundestag members’ supplementary income. The CDU/CSU is concerned that full disclosure of supplementary incomes would make it more difficult for middle-sized businesspeople to become M.P.’s. The FDP is worried about protecting lawyers’ privacy.

(GLAY zer neh   OB geh ord net teh.)

Nebeneinkünfte

“Side incomes,” translated by dict.leo.org as ancillary or auxiliary income; casual, incidental earnings or discretionary earnings; emoluments and perquisites. On 16 Oct. 2012 the Bundestag debated the SPD’s proposal to have Bundestag members disclose all incomes in addition to their M.P. compensation. Angela Merkel’s CDU/CSU party was opposed, as was their coalition partner the FDP, who said their primary concern was that working lawyers would have to disclose their clients. Greens and Leftists said they were ready for full transparency.

The debate was triggered by attacks on a vulnerability of the SPD’s challenger to Angela Merkel in the upcoming election. Peer Steinbrück, who was called the Bankenschreck (terror of the banks, banks’ bane) when he was Finance Minister under an SPD government, has since then been receiving high speaking fees from banks and e.g. hedge funds. Calls from rival party members for Steinbrück to disclose these fees have turned up opportunities to improve the laws regulating extra-parliamentary compensation. The SPD’s proposal suggested disclosing the type of work, amount paid and payer’s name, because apparently that’s not required now. Violations would be punished by a reduction in the M.P.’s salary.

Tagesschau.de reports that Peer Steinbrück (SPD) is the top earner in the Bundestag, followed by mostly members of the ruling conservative CDU/CSU and FDP parties (nine of the top ten, yet because of the nature of the old system these are minimum incomes and not accurate numbers).

Update on 25 Oct 2012: The ruling coalition CDU/CSU + FDP finds themselves in a bind because while they wanted to attack Steinbrück, they never wanted transparency for supplementary M.P. incomes, reports Spiegel-Online. The ruling coalition has now agreed to a reform plan that changes the disclosure system from three steps to ten steps. The three-step scale was up to EUR 3500, 3500 to 7000, and >7000, monthly. The ten-step scale will be, either monthly or annually (hasn’t been decided yet), EUR 1000 to 3500, to 7000, 15000, 30000, 50000, 75000, 100000, 150000, 250000 and >250000. With the old scale an M.P. who earned e.g. EUR 150,000 for a speaking engagement only had to disclose EUR 7001. The SPD is concerned that under the new system an M.P. could take ten EUR-900 fees without having to disclose, so they have proposed disclosure of fees exceeding EUR 10000 in one year. The SPD and Leftists (Die Linken) parties remain committed to full transparency. The Greens have proposed two models: full disclosure or a thirteen-step scale. The frequency of mandatory reporting is also still under debate; AbgeordnetenWatch.de points out that with modern technology this useful information can be made available very rapidly to voters.

Update on 22 Feb 2013: Today the Bundestag agreed on a new 10-step plan to disclose M.P.’s supplementary incomes.

(NAY ben eye n coon fteh.)

Ökostromumlage

“Environmentally-friendly electricity contribution” or “share in the costs”; this is a subvention to build more solar and wind power-generating capacity in Germany. Paid by electricity consumers, this contribution will probably increase in 2013 from ~3.6 to ~5.3 eurocents/kWh, or by an additional ~60 euros per average German household.

On 07 Oct. 2012 the president of the German Federal Cartell Authority asked for this contribution to be modified because he said it will soon be as high as the price of electricity on the Exchange.

Angela Merkel’s coalition partner, the libertarianesque FDP, advertises itself as a party that lowers taxes and deregulates in the interest of simplification (though it appears to me they have trouble finding projects that do this while actually simplifying and while actually benefiting average voters and not e.g. rich people). The FDP has now called to reduce value-added tax on electricity as compensation for the Ökostromumlage. Angela Merkel’s environmental minister (CDU) disagreed, saying he first wanted to find out how their partner party would compensate for the lost budgeted funds. The Green Party said it refuses to lower subventions for alternative power sources.

Update on 10 Oct 2012: Angela Merkel’s environmental minister (CDU) is now calling for a new Ökostromumlage law.

Update on 21 Oct 2012: Tagesschau.de reports that an internal SPD paper is also calling for a value-added tax rebate on electricity. The paper also calls for student allowances (BAFÖG), the base welfare income for people seeking work (Grundsicherung für Arbeitssuchenden, EUR ~690/month) and housing allowances (Wohngeld) to be “adjusted” for the electricity contribution increase.

(ÖÖÖ koh strome oom log eh.)

Bouffier

The slightly creepy governor of Hesse, which includes the financial metropole Frankfurt am Main. The guy he replaced, Roland Koch, was also slightly creepy.

Bouffier it turns out was Hesse’s interior minister when the bank-robbing neonazi serial killers shot someone with an immigrant background in Kassel in 2006. Bouffier forbade direct interrogation of any V-people in the matter, even though a V-man of the Hessian Verfassungsschutz happened to be sitting in the café at the time of the murder.

Update on 02 Oct 2013: The “V-man” in question, Andreas T., was not a “Vertrauensmann” or police snitch being “run” and paid by the Hessian Verfassungsschutz but was in fact a Verfassungsschutz official who worked for that domestic intelligence agency. This week he testified at the Munich trial of the surviving neonazi terrorist cell member. He, and two other customers who were there when café operator Halit Yozgat was shot, said they didn’t hear the sound of the shot or thought a computer had been dropped in the next room. The Verfassungsschutz official walked out of the café without noticing or helping the dying man. At the neonazi’s trial, Halit’s father described how he found his son lying on the floor and held him as he died.

After the murder was announced in the news, Andreas T. still didn’t report in that he’d been at the café when it happened. In his trial testimony, he said this was because he’d been flirting with several women online while his wife was pregnant. For years, Kassel police suspected the victim’s family and friends of having committed the murder. Now German voters suspect state and federal police and/or spies of a cover-up, because their actions taken together made it look like that might be a possibility.

(Boof yay.)

Hochgeschwindigkeitshandel

“High-speed trading.” On 25 Sept. 2012 the German social democrat party SPD (the opposition to Chancellor Angela Merkel’s conservative CDU/CSU + FDP coalition) announced their new proposed financial platform of increasing banking regulation, splitting “universal” banks into a business bank and an investment bank, creating an FDIC-type emergency fund with the banks’ own money to save troubled banks, capping mortgage debt at 80% of the unit’s value and limiting high-speed stock trading. One day later, on 26 Sept., Germany’s financial minister Wolfgang Schäuble (CDU) announced that the German government wants to limit high-speed stock trading.

ZDF heute journal said the government was now calling for the following: registration of high-speed traders, disclosure of computer code if a problem occurs and higher fees after too many “fake attacks” in which high-speed traders pretend to buy a stock in order to drive up the price, then rapidly cancel the larger purchase and sell what they were actually holding at the new higher price.

Respect for Wolfgang Schäuble’s quietly reasoned-sounding explanations. Simple, straightforward, highly credible-sounding. He does a great job with them. He’s also quite clever, distracting me from banking reregulation by seizing on this high-speed trading point.

According to tagesschau.de, Schäuble is calling for “mandatory licensing for high-speed traders. Transparency that enables the supervisory authority to identify abuses faster. And the ability for the stock market supervisory authority to, when bad developments are identified in the market, to immediately halt trading.” On 26 Sept. his political opponent in the SPD responded that this doesn’t go far enough and called not only for licensing of trading firms but also of trading algorithms. Germany’s Green Party said the simplest way to handle this would be to forbid high-speed trades, and furthermore that the government is limiting itself to too much of an observing, witness, role, rather than regulating. And the techie German Pirate Party said…?

(HOKE geh SHVIN dig kites hon dell.)

Sonderermittler

“Special investigator.”

In February 2012 Berlin state senator and state interior minister Frank Henkel (CDU) learned important Berlin police information about the neonazi terrorist cell but never passed it on to either parliamentary committee investigating the disaster. In March 2012 he did share the information with the federal Attorney General of Germany in Karlsruhe, who apparently informed the two investigating committees about it in Sept. 2012. Henkel now says he regrets people didn’t understand him better. He cites security concerns as the reason he didn’t tell the state and federal parliamentary investigating committees the things he was supposed to tell them. He says it was the federal Attorney General’s idea to maintain silence. (The federal Attorney General sent a letter to news agencies on 19 Sept. 2012 stating that there was no secrecy agreement.) Henkel is now considering appointing his own Berlin state Sonderermittler or special investigator to investigate the terrorist cell.

Update on 26 Sept. 2012: Senator Henkel said his police top managers are the ones who credibly indicated to him that there was an agreement with the Attorney General in Karlsruhe to keep this information secret. His police top managers wrote a letter contradicting this—on 3 April 2012. His police top managers said Spiegel’s quotes from this six-page letter are out of context. Spiegel published the entire letter online in response.

Update on 27 Sept. 2012: Henkel’s man has been named. He is a “senior prosecutor” and will investigate for three months, making regular reports including to the Berlin parliament and the Bundestag’s investigating committee.

(ZONE der err MITT lerrr.)

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