The Airport Opening That Was Called Off

Berlin’s new airport, BER, was due to open on 3 June 2012. On 8 May 2012, four weeks before that date, the opening was called off because of problems with the fire protection system. Terminal 1 finally opened on 31 October 2020.

Files examined by the Berlin parliament’s inquiry show that it had been clear inside the airport company since the end of 2011 at the latest that the date was in danger. In March 2012, McKinsey wrote to the management that a delay of almost four months ist bis zur Inbetriebnahme nicht aufzuholen, could not be made up before opening. According to an internal email, the managing director Manfred Körtgen wanted the word äußerst, extremely, removed from the critical paths in a controlling report. Körtgen later told the committee that he did not remember giving that instruction. A member of the supervisory board later said: Auf jeden Fall wurden wir falsch informiert. (In any case, we were given false information.)

The Car Toll

Under Andreas Scheuer, the Federal Transport Ministry awarded the contracts for a German car toll in October and December 2018. On 18 June 2019, the European Court of Justice ruled that the toll broke EU law. After a settlement with the operator, the failed toll cost taxpayers 243 million euros. In December 2023, an expert opinion found that a damages claim against Scheuer had only small chances of success, and the ministry did not sue. In the same decision the ministry called his political responsibility undisputed.

Root cause: communication

American accident investigation keeps arriving at the same answer. The NTSB on Tenerife and United 173, hospital sentinel event reviews, military after-action reports, engineering failure analyses. The finding is rarely that nobody knew. It is that somebody knew and it did not travel.

Brady v. Maryland

The Supreme Court held in 1963 that a prosecutor must turn over evidence favourable to the accused, whether or not the defence has asked for it. The obligation falls on the party holding the information, and it runs against that party’s own interest in winning. Failure to disclose can void a conviction years later.

Miranda

Since 1966, American police have been required to inform a person in custody of their rights before questioning — including the right to remain silent and the right to counsel. The suspect does not have to ask. Evidence obtained without the warning can be excluded.

The jury

Twelve ordinary citizens, selected at random, with no training in law, decide questions of fact — and in the United States they do so in civil cases as well as criminal ones, far more often than in any comparable system. The verdict is not reviewable on the facts. The credentialed authority in the room instructs on the law and then waits.

Pro se

Americans represent themselves in court in substantial numbers, and the courts accommodate it. Small claims courts are designed for it, often barring lawyers outright. The premise is that an ordinary person can conduct their own case against another party, and that the system should make that possible rather than discourage it.

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