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1. Domestic policy: Germany - a safe and free country
Protecting citizens' freedom and security is one of the state's key tasks. Freedom is inconceivable without security. A balance has to be struck time and again - in line with changing external conditions - between these two values.
Citizens have a right to be protected from crime. The terrorist attacks around the world have revealed a new dimension to this threat. There have been no attacks by Islamist terrorists in Germany so far. That is partly due to the good work done by the security authorities. However, such attacks can by no means be ruled out. The fight against terrorism thus continues to be a very important task for all German security authorities.
The security authorities in Germany are in good shape. However, we will further develop the security architecture, which has proven its worth in principle, wherever necessary and review to what extent certain legal provisions, for example in the field of data protection, stand in the way of fighting terrorism and crime effectively.
We will take the necessary legal measures based on our evaluation of the Counter-Terrorism Act (Terrorismusbekämpfungsgesetz). In this connection, we will also examine to what extent amendments to penal law - for instance provisions relating to the drumming up of support for terrorist organisations or activities - are necessary.
The Federal and Land security authorities must have the legal powers to cooperate in order to combat terrorism effectively. On the basis of the preliminary work done by the Conference of Interior Ministers, we want to create an anti-terrorism database as quickly as possible.
In view of the threat posed by international terrorism, the border line between external and internal security is becoming increasingly blurred. Nevertheless, the basic distinction between police and military tasks continues to apply. Following the decision by the Federal Constitutional Court on the Act on Aviation Security (Luftsicherheitsgesetz), we will examine whether and to what extent there is a need for constitutional amendments. In this connection, we will also introduce an act on maritime security.
1.1 Organising security
The establishment of the Joint Counter-Terrorism Centre in Berlin was a first key step in the cooperation among Federal and Land security authorities on improving the exchange of information in the fight against Islamist terrorism. We want to further improve the work done in this Centre. The Federal Criminal Police Office should be granted preventive powers to combat the dangers of international terrorism.
In order to enhance the communications capability of the authorities and organisations responsible for public safety in Germany, we will work together with the Länder to advance the introduction of digital radio within the framework of the selected operator model. Our goal must be to achieve nationwide coverage, a uniform coverage standard and a fair distribution of the costs between the Federation and the Länder as quickly as possible.
A modern security architecture must include modern information technology while maintaining data protection. We therefore want to make greater use of biometric procedures (passports, identity cards, visa, residence permits) and amend the Act Governing Passports and Identity Cards (Pass- und Personalausweisgesetz) to this end. We will protect our vital information structures by implementing the National Plan for Information Infrastructure Protection.
Problems as diverse as the consequences of climate change and the threat posed by terrorism present civil protection and disaster management with new challenges. We will therefore strengthen the Federation's management and coordination powers in tackling major disasters and serious accidents affecting more than one Land.
The Federal Agency for Technical Relief is indispensable both to the disaster response in Germany and to humanitarian assistance worldwide. We will therefore preserve it as a federal institution.
The Federal Police play an important part both among Germany's security authorities and within the context of international cooperation.
1.2 Managing migration - fostering integration
Migration and migratory flows are a major challenge of our time. Successful integration of those intending to stay in our country on a long-term basis is of fundamental importance for maintaining harmony within our society. Integration can only be successful if migration is managed and restricted. The tasks this involves can only be mastered through interdepartmental cooperation in an overall strategy. In order to combat the causes of migration, we want to step up and coordinate cooperation in all areas of policy with migrants' states of origin and transit countries and support this course of action at European level.
The integration of foreigners and ethnic German immigrants into German society is a cross-cutting task involving many areas of policy. It remains a focus of the Federal Government's policy. We will harness the integration measures at federal level in the Federal Office for Migration and Refugees and thus strengthen it as a centre of excellence for integration.
We will conduct an intensive dialogue with the major Christian churches as well as with Jews and Moslems. An interreligious and intercultural dialogue is not only an important part of integration policy and civic education; it also serves to prevent and combat racism, anti-Semitism and extremism. The dialogue with Islam is especially important in this connection. Within this context, clearly naming the differences which separate the partners in dialogue is a vital sign of mutual respect. This dialogue will only succeed if we better integrate young Moslems in particular both into society and into the world of work.
The Federal Government is working towards a Europe-wide refugee policy. However, regulating access of non-EU citizens to the labour market should remain a matter for national governments and parliaments.
The Federal Government will introduce a second bill amending the Residence Act, which serves to implement 11 EU directives relating to foreigners and asylumseekers, into parliament without delay. The General Administrative Regulations relating to the Foreigners Act and to the Freedom of Movement Act/EU necessary for the uniform application of foreigners law throughout the Federal Republic should be drawn up as quickly as possible.
We will evaluate the Immigration Act (Zuwanderungsgesetz) by looking at its practical application. In particular, it should be examined whether a satisfactory solution to the problem of the successive suspensions of deportation has been found. Within the scope of the evaluation, it should also be examined whether all security issues and humanitarian problems, for instance those relating to children brought up in Germany, have been satisfactorily resolved as intended. We will also examine the sphere of "illegality" and the question of the right to vote and stand for election in local government elections for non-EU citizens.
We want to make citizenship law more precise in order to ensure uniform implementation in all Länder. This applies in particular to naturalisation involving multiple nationality and the implementation of the options model.
In order to stress the importance of German citizenship to the integration process, the person being naturalised should commit themselves to the free democratic basic order during the naturalisation ceremony.
In the visa procedure, too, special consideration must be given to Germany's greater security needs by adequately involving the security authorities in visa processing. To this end, the conclusions drawn by the Parliamentary Committee of Inquiry on the Visa Affair should be considered by a joint Federal Foreign Office/Federal Ministry of the Interior working group. Within the context of issuing visas, special measures should be taken to make it possible to subsequently identify foreigners who have destroyed their identity papers or travel documents. In order to combat visa abuse and illegal entries, we need a terror-suspect database for all German missions abroad and foreigners offices, to which the security authorities should have access. The Federal Government will call at European level for the EU visa information system planned for 2006 to be shaped accordingly. Should these efforts not be successful by then, a national database will be created.
We want to implement suitable measures to facilitate the repatriation of foreigners required to leave the country and to remove practical obstacles to the deportation of criminals in particular as quickly as possible.
We want to prevent acknowledgements of paternity being abused to gain advantages under foreigners and nationality law by introducing appropriate measures, for example by granting public authorities the right to challenge.
We also continue to recognise our responsibility both for the ethnic Germans who suffered in Eastern and South-Eastern Europe as well as in the Soviet Union in the aftermath of the Second World War and now want to stay in their current home countries and for those who came to Germany. This applies in particular to the Germans in the successor states to the Soviet Union on whom the war had the longest-lasting impact. The culture of the Germans expelled from their home countries is part of the legacy of the entire German nation and we want to cultivate and preserve it. Members of the German minority in the ethnic Germans' home countries should be granted assistance from Germany, whose effectiveness we intend to enhance, in order to provide them with better opportunities and prospects for the future. Protection and promotion of recognised national minorities in Germany, with whom we want to continue the dialogue about their special needs, remains an important task for the Federal Government.
1.2.1 Strengthening intercultural skills in child and youth services
The special situation of migrant children must be taken into consideration when developing and reshaping the range of educational and childcare facilities in and outside school so that they, too, have a chance of gaining good qualifications. Closely involving parents in schools and other institutions is particularly important for migrant children. As well as better cooperation with migrant organisations, we want to further develop youth migration services. Cooperation between educational institutions and childcare facilities as well as child and youth services must be enhanced in an education partnership.
1.2.2 Equal rights for women and girls from a migrant background
With regard to the integration process of women of foreign origin, our priorities are their equal participation in political, economic and cultural life as well as teaching them the German language so that they can enter education and the world of work. The measures aimed at integrating foreign women already launched should be further strengthened and their integration into society and the world of work advanced. The equality of women and men will be included as a key focus in the interreligious dialogue.
Forced marriages cannot be tolerated. We want to prevent them and we are examining all instruments to this end. It is crucial to build awareness of rights and obligations and to enhance girls' and boys' self-confidence and ability to make their own life choices. In order to prevent and combat forced marriages, the legal status of those affected should be improved, while care, advisory services and specific help as well as preventative measures should be extended. Forced marriages will be made an offence under the Penal Code.
1.3 European cooperation
Numerous domestic issues have to be resolved at European level. In the sphere of internal security, we will canvass for all Member States to participate in the successful cooperation under the Prüm Agreement. Furthermore, we want the advanced Schengen Information System (SIS II) to become operational as quickly as possible. We intend to make crucial progress in this project during the German EU Presidency in the first half of 2007.
2. Legal policy
2.1 People have a right to freedom and security
People want to live in freedom and safety in stable legal structures. Legal policy strikes a balance between people's need for security and their right to freedom guaranteed under the Basic Law. We will continue to guarantee the legal framework that enables us to fight crime at all levels. This includes effective penal laws, efficient and swift prosecution and dealing firmly with criminals.
We will therefore close any loopholes in criminal law: Stalking is becoming ever more frequent and has a dramatic impact on a victim's life. It will therefore be made an offence in its own right.
We want to prevent forced marriages. To this end, we will examine all suitable legal instruments.
Likewise, we will provide the victims of forced prostitution with better protection and prosecute their clients.
The provisions which entered into force on 8 September 2005 on the criminal liability of those responsible for graffiti will be reviewed after two years. Due to numerous amendments in recent times, criminal law in respect of sexual offences has become increasingly obscure and is no longer truly effective. We will therefore strive to carry out a radical reform of this area of penal law with a view to eliminating contradictions and unclear terminology.
We will take the necessary legal measures based on our evaluation of the Counter-Terrorism Act. In this connection, we will also examine to what extent amendments to penal law - for instance relating to the drumming up of sympathy for criminal or terrorist organisations - are necessary.
We are drafting general sentencing rules for the Penal Code which provide for reduced sentences or exemption from punishment for witnesses for the prosecution and ensure that any crimes committed are prosecuted effectively and that possible offences are successfully prevented. The use of such rules will only be possible until the start of the trial.
With the help of those involved in day-to-day practice, we will examine whether a regulation on reaching agreements in criminal proceedings is necessary.
We will revise the provisions on telecommunications surveillance in the Code of Criminal Procedure with a view to creating a uniform overall regulation of secret investigative measures. Through these amendments, we will strengthen the legal protection of those affected by such measures, eliminate existing uncertainties and loopholes in the application of the law and review the catalogue of offences with an open mind.
As part of the legislature's obligation to evaluate the practical and constitutional implications of the legal norms in question, we will review the new regulation on the acoustic surveillance of the private home, which entered into force on 1 July 2005, once the first Federal Government reports have been submitted to the Bundestag in accordance with Article 13 (6) of the Basic Law.
DNA analysis has proved to be an excellent tool in criminal prosecution and in investigating crimes. With the amendment of 1 November 2005, DNA analysis can now be used in a wider range of criminal proceedings. This act will be reviewed after two years. Within this context, we will have to examine whether DNA analysis has to be extended as part of our policy on crime.
The legislative process to implement the Framework Decision on the European Arrest Warrant will be initiated as soon as the Government has been formed.
We want to continue improving cooperation within Europe on penal and civil law. We are advocating more effective transboundary criminal prosecution. In doing so, we will be committed to protecting the rights of the individual (whether they be the accused, a witness or any other third party) in keeping with strict legal requirements and also to guaranteeing them through the justice system within the scope of European cooperation.
The Council of Europe's Convention on the Transfer of Sentenced Persons should be implemented in such a way that foreign prisoners can be deported against their will to serve their sentences if they are required to leave the country once they have been released.
Offenders should be resocialised so that they do not commit crimes in future. However, that will not succeed with all offenders. We therefore continue to pay particular attention to dealing firmly with those who have committed crimes.
For the sensitive area of offenders undergoing measures of correction and prevention, which concerns in particular the treatment of ill offenders, there should be more flexibility coupled with tighter security. We want the capacities available to be better used, successful therapies fostered and protection from dangerous offenders improved.
When offenders are released from prison or from measures of correction and prevention after serving their sentences, they must, if necessary, be subject to special controls and receive special assistance. Supervision of conduct should be stricter and more efficient.
We will introduce an act to provide a reliable basis for the pre-trial detention of adults and young prisoners.
We will place the execution of sentences passed on young offenders on a reliable legal basis.
It should also be possible to impose subsequent preventive detention in particularly serious cases, including those of offenders convicted under juvenile criminal law of the most serious crimes against life, freedom from bodily harm or sexual selfdetermination. Such preventive detention will only be imposed if the offender has proved to be especially dangerous during his imprisonment.
We will set up a working group to review the legal provisions on judicial measures in cases where the welfare of a child is at risk (in particular Sections 1666 and 1631 of the Civil Code and Section 34 of the Juvenile Courts Act (JGG)) with the aim of facilitating the imposition of measures by family courts relating to children and young people with severe behaviour disorders, especially those who have committed offences. In particular, the aim is to oblige parents or legal guardians to take advantage of the assistance provided by the youth welfare services, to take corrective measures which will have an impact on the behaviour of children or young people and, if necessary, to put them into care. It should be established whether the necessary conditions to create suitable accommodation exist in the Länder.
2.2 Legal policy for a social market economy
The market economy only functions with strong consumers. Our policy is therefore guided by our desire to protect them and, at the same time, to enhance their ability to take responsibility for their own affairs.
In the insurance contract act (Versicherungsvertragsgesetz), we will ensure that the interests of the persons insured are given greater consideration.
While safeguarding the interests of consumers, we will create a new procedure on forgiving the debts of those without means.
We will adopt a claims enforcement act.
In order to safeguard Germany as a business location and its attractiveness to investors, we are planning further changes to commercial law in the coming electoral term:
The amendment of the Limited Liability Companies Act (GmbH-Gesetz) is intended to make it easier and quicker on a long-term basis to establish companies, to increase the attractiveness of limited liability companies as a form of enterprise, also in competition with businesses with a foreign legal form, as well as to combat abuses in cases of insolvency.
The creativity and inventiveness of its people are Germany's capital for the future. That is why we need legal protection for intellectual property which meets the needs of the 21st century. We will therefore push ahead with the modernisation of copyright law as one of the focuses of our work.
The public sector must set an example when it comes to performance and transparency. We are therefore striving to introduce a statutory obligation to disclose managers' salaries for companies in which the Federation has a majority share.
2.3 For self-determination and tolerance
Our society has become more tolerant. It shows consideration for minorities. It accepts different lifestyles. Our legal policy will continue to support and foster this development.
The EU directives on gender equality will be incorporated into German law.
We want to further improve the situation of families with children. The maintenance laws will therefore be reformed. Child support should be given priority in this context.
Taking responsibility for one's own affairs after a marriage has broken down should be strengthened. We will aim to harmonise tax and social provisions.
The coalition partners propose that the discussion on legal safeguards for living wills be continued and concluded.
The coalition partners agree that the procedure for establishing paternity should be simplified while reconciling the interests of everyone concerned and regulated independent of proceedings to challenge paternity.
2.4 A modern justice system for the rule of law and responsiveness to citizens' needs
The coalition will ensure that the German justice system maintains its high standards and performance and that it continues to have a stabilising impact on society as a whole in the medium and long term.
The legal system is faced with major challenges owing to demographic change, economic upheaval and the budgetary constraints this involves, the ever greater complexity of substantive law due to the increasing number of European regulations and the increase in lawsuits.
The German legal system and in particular the rules of procedure are not optimally prepared for these challenges. The existing legal protection system is complicated, difficult to administer and confusing, at times even for legal experts.
The coalition partners will look at all the proposals made by the Conference of Justice Ministers and the preliminary work done by the Federal Ministry of Justice on reform of the justice system and subsequently draw up an overall strategy for ensuring the long-term efficiency and future of the justice system while fully safeguarding rule-oflaw standards. We want to streamline the organisational, institutional and procedural structures and make them less confusing, to standardise and simplify judicature and procedural laws, as well as to foster a change in our attitude towards litigation.
The implementation of the SLIM IV Directive on electronic commercial registers provides for access to commercial register entries on the Internet as of 1 January 2007. Access via the Internet is not intended to fully replace the traditional notices in daily newspapers until the end of a reasonable transitional period.
We are striving to comprehensively modernise investigations under the enforced collection system with a view to enabling the creditor to gain quick and targeted access to the debtor's assets and to easing the burden on the authorities responsible for carrying out such actions.
With a reform of legal counselling, we will continue to ensure the quality of advice provided by lawyers. We will protect consumers from unqualified legal advice.
Modern and clearly structured procedural law will be applied to jurisdiction over noncontentious matters. All disputes relating to marriage, separation and divorce are to be dealt with in future by a grand family court.
Likewise, we will simplify procedures in matters relating to home ownership and strengthen the capability to decide and act of the owners of the some five million privately-owned flats in Germany.
Training in the legal professions must be adapted to the changing demands in this field. However, there is no need for new academic qualifications. The coalition partners therefore reject the application of the Bologna process to such training.