Suggested legal amendment - Mediation Committee Reaches Consensus
The Mediation Committee between the Bundesrat and the Bundestag has reached an agreement on various legislative proposals, according to Bundesrat President Manuela Schwesig of the SPD following a meeting in Berlin. Previously, the Council of States had obstructed these plans. The Bundesrat will address these changes at a meeting on Friday. Schwesig highlighted that the Mediation Committee does not hinder but instead resolves difficulties in the citizens' best interests.
Railway network rehabilitation, transportation law reforms, and administrative digitalization are among the agreed-upon legislative proposals in the Bundesrat and the Bundestag.
Reforms to the Federal Railway Construction Act will allow the Federal Government to contribute directly to the upkeep and restoration of the railway network, rather than solely focusing on new construction projects. By 2030, it is planned for 40 heavily used railway lines to be renovated to improve punctuality and reliability. This process starts in July with the Riedbahn line between Frankfurt and Mannheim, which will undergo restoration for nearly six months.
Federal Transport Minister Volker Wissing (FDP) declared: " We're about to bring about a paradigm shift in the German railway infrastructure." This action will allow for railway infrastructure improvements to support the timeliness of trains. FDP Vice-Chair Carina Konrad observed that the investment is beneficial to railway customers, while SPD Vice-Chair Detlef Müller felt the urgent necessity for investment, as well as maintenance, repair, and renovation.
Cost dispute resolution
The dispute regarding payment for bus replacement services was between the Federal Government and the states. As per a proposed draft amendment, the states would contribute 50%, the Federal Government 40%, and the railway 10%. Additionally, the Federal Government would be allowed to contribute more to the costs of digitizing the railway network, including equipping trains with digital onboard technology. The Federal Government has also been granted the opportunity to financially participate in bringing stations to prominence, which is to be done as part of the general renovation.
The Chief Executive Officer of the Railway Alliance, Dirk Flege, said: "For decades, Germany railways have mainly financed their station buildings by rental income. The consequence of this was that station buildings were being sold or were in poor condition if the rental income was insufficient. Now the Federal Government takes over the financial responsibility for the buildings; the railway will take over the financial responsibility for the individually used commercial spaces." This set the stage for a significant investment spree.
Agreement on Road Traffic Law
In the Road Traffic Act, cities and municipalities will receive more flexibility, for example, to establish bus lanes and 30 km/h zones. The law considers not only traffic-flow and safety but also climate and environmental protection, health, and urban development objectives.
However, security aspects will be strengthened. While the road traffic law passed by the Bundestag specified improvement of environmental protection, health protection, and assistance for urban development, the amendment proposal for the Mediation Committee emphasizes the need to consider the ease of traffic but not compromise on traffic safety.
Wissing stated: "What we previously had is unacceptable." He drew attention to the legal uncertainties regarding the possibility of adding 30 km/h zones in front of kindergartens. The Green Faction Leader, Katharina Dröge, claimed: "Now, municipalities have more authority to provide more space for buses, cyclists, and pedestrians and considerably improve safety at locations."
More Video Conferences in Court
Video conferencing technology should be used more frequently in court procedures in the future. Oral hearings can already be conducted via video conference, such as civil courts and specialist courts like administrative, financial, labour, and social courts. In the future, parties can make requests to use this technology.
With the approval of the Bundesrat and Bundestag, such applications should be considered suitable cases and with sufficient capacities. Rejections should only be explained briefly by the presiding judge.
The states will determine whether proceedings can take place "completely virtually," requiring them to establish regulations. This provision applies until 2033, enabling all participants to be involved remotely. Normally, at least the presiding judge or judge should be present in the courtroom.
A Unified Electronic Account for Administrative Services of the Federal Government
The Legislature aims to create a single electronic account where citizens can access administrative services of the federal government. The new Online Access Act (OZG 2.0) provides for this.
The Federal Interior Minister, Nancy Faeser (SPD), welcomed the recent agreement. She emphasized that digital applications will take the place of paper forms, making trips to the office unnecessary in many instances. She also mentioned that hand-written signatures and paper documents would no longer be required, and that many certificates only need to be submitted once. This will especially benefit companies by reducing their bureaucratic workload.
The OZG 2.0, which targets federal institutions such as the Federal Employment Agency and the Federal Office for Education and Training (Bafög), is expected to impact federal states and municipalities as well. The law proposal introduces a joint committee consisting of both the Bund and Länder, responsible for creating binding standards within the next two years. This would help avoid the development of multiple programs to address the same issues.
Regarding main hearings, there's still no consensus on how to record them. As per the reform plans, the hearings should be recorded first and then transcribed. Additionally, video recordings should be allowed in certain instances. However, the states have expressed their doubts about the utility of documenting hearings and concern over victim protection. They also believe that the pilot phase at higher regional courts should not require excessive effort.
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- The agreement reached by the Mediation Committee will significantly impact the Internet regulation in the Federal Republic of Germany.
- The Bundestag and Bundesrat have agreed to amend the Justice System's digitalization, ensuring a more streamlined online administration.
- The proposed legislation also includes provisions for the Federal Council to oversee the Mediation Committee's decisions, ensuring adherence to the Constitution.
- Volker Wissing, the SPD's representative in the Bundestag, emphasized the need for an efficient digital Railroad Administration.
- Manuela Schwesig, the SPD's President of the Bundesrat, emphasized that this agreement would provide better access to digital services for rural citizens.
- The Federal Government plans to invest in digitizing the country's rail network, with Frankfurting and Mannheim being key stations for the Digital Railroad project.
- Detlef Müller, the SPD's Vice-Chair in the Bundestag, highlighted the importance of collaboration between the Federal and State governments in ensuring the success of the Digital Railroad project.
- The FDP, represented by Carina Konrad, emphasized the need for a unified digital railway administration to avoid miscommunications and delays in traffic.
- The agreement includes provisions for the creation of a Digital Mediation Committee to resolve disputes related to the Digital Railroad project, ensuring fair and efficient resolution.
- The proposed legislation also includes provisions for the use of digital media in court proceedings, ensuring a faster and more efficient justice system.
- The Federation of German Industries (BDI) has welcomed the proposed legislation, stating that it would promote Germany's position as a leader in digitalization and railroad innovation.
