Gerhard Czermak

from Wikipedia, the free encyclopedia

Gerhard Czermak (* 1942 in Brno , Protectorate of Bohemia and Moravia ) is a German lawyer and co-director of the Institute for Weltanschauungsrecht (ifw).

Life

Czermak was born in Brno in 1942 and grew up as a displaced person in Bavaria . He holds a doctorate in law and worked from 1971 to 2001 as an administrative lawyer and administrative judge in Bavaria. He has been a member of the advisory board since the Giordano Bruno Foundation (gbs) was founded in 2004. He is a long-standing advisory board of the International Federation of Non-Denominational and Atheists (IBKA). In February 2017 he was a co-founder and has since been co-director of the Institute for Weltanschauungsrecht (ifw).

Act

Since 1990, Czermak has presented numerous publications on ideological law , religious law , state church law and the separation of church and state . With Eric Hilgendorf he published the textbook Religions- und Weltanschauungsrecht Since 2019 he has been co-editor of the publications on Weltanschauungsrecht at Nomos Verlag .

He presented a continuously updated collection of conceptual definitions of ideological law. According to the publisher, he put together the "most extensive publicly accessible collection of ideological decisions of the Federal Constitutional Court" in his own commentary.

Positions

In 2010 he submitted a legal opinion to the Federal Constitutional Court for the constitutional complaint of the Association for Freedom of the Mind in Munich against the "dance ban on Good Friday ". In 2016, the court referred to the opinion in its decision and declared the ban unconstitutional. Here, Article 5 of the Bavarian Public Holidays Act (FTG) was declared incompatible and null and void with freedom of belief and freedom of assembly .

For böckenförde dilemma , he pointed out that it was to be read out of context and deliver no justification for a unilateral privileging of churches. According to the constitution, Böckenförde assumes the non-Christian, secular character of the German state. From today's perspective, however, the statement has clear deficits, as it does not offer a concrete attempt at a solution for a multi-religious society.

In the debate about the abolition of the Berlin Neutrality Act, he prepared a legal opinion in 2018 for the civil society initiative Pro Berlin Neutrality Act . In it he came to the conclusion that the headscarf decision of the First Senate of the Federal Constitutional Court in 2015 (BVerfGE 138, 296) did not result in any need to change the Berlin Neutrality Act and that it should be assessed as exemplary nationwide. A controversy arose with the Tagesspiegel : after the editor Susanne Vieth-Entus had reported on the report in connection with the demand for the extension of the neutrality law to vocational schools, the chief editor of the Tagesspiegel, Malte Lehming, criticized him sharply and ordered him to be an "uprising." secular fundamentalists "too. The civil society initiative then accused the leading editor of the Tagesspiegel in a first statement of "personal defamation" of Czermak and a distortion of the legal situation and in a second statement of "simple polemics" and ignorance of the reality of schools in institutions with Islamic students.

He expressed himself on various occasions critical of the influence of ecclesiastical and religious views on politics, the judiciary and the media.

Fonts (selection)

  • Christians against Jews. Story of a persecution. From antiquity to the Holocaust, from 1945 to today . Nördlingen Verlag (1989) ISBN 3-89190-449-5
  • State and worldview. A selection bibliography of legal, historical and social science literature . IBDK Verlag (1993) ISBN 3-922601-18-9
  • State and Weltanschauung, Vol. 2 (1993–1997). An annotated legal bibliography with supplementary non-legal literature. Alibri, Aschaffenburg, ISBN 3-932710-61-4 .
  • Religion and Weltanschauung in Society and Law: A Lexicon for Practice and Science . Alibri Verlag (2009) ISBN 3-86569-026-2
  • Religious and ideological discrimination in Germany . In: Religious intolerance and discrimination in selected European countries . Lit Verlag (2011). ISBN 3-643-99906-2
  • with Johann-Albrecht Haupt and Dirk Ehlers : The privileges of the churches and the Basic Law: 4. Berlin talks on the relationship between state, religion and worldview . Humanist Union (2011) ISBN 3-930416-26-3
  • Problem case religion. A compendium of religious and church criticism . Tectum Verlag Marburg (2014) ISBN 978-3-8288-3285-5
  • Religious and Belief Law: An Introduction . 2. wes. exp. Edition. Springer Verlag (2018) ISBN 978-3-662-56077-8

Expert opinion (selection)

  • Ban on dancing on Good Friday (together with Michael Schmidt-Salomon ), opinion on the constitutional complaint of the bfg Munich of 9.2.2010 (1 BvR 458/10)
  • On the continuation of the Berlin Neutrality Act after the 2nd headscarf decision of the Federal Constitutional Court of 2015 for the Pro Berlin Neutrality Act initiative
  • Ensuring religious freedom in public schools (together with Jacqueline Neumann), printed matter 19/877, within the framework of the public hearing of the education committee of the Schleswig-Holstein state parliament, reprint 19/1805 on December 13, 2018

Web links

Individual evidence

  1. ↑ Czermak, Gerhard. Retrieved June 16, 2020 .
  2. ↑ Advisory Board | International Federation of Non-Denominational and Atheists eV (IBKA). Retrieved June 16, 2020 .
  3. ↑ Gerhard Czermak, Eric Hilgendorf: Religions- und Weltanschauungsrecht. An introduction . 2nd Edition. Springer textbook, Berlin, Heidelberg 2018, ISBN 978-3-662-56077-8 , pp. XXIII, 396 .
  4. ^ Jacqueline Neumann, Gerhard Czermak, Reinhard Merkel, Holm Putzke (eds.): Writings on Weltanschauungsrecht . Nomos Verlag, Baden-Baden.
  5. ^ Lexicon. Retrieved June 16, 2020 .
  6. ↑ Decisions of the BVerfG with comments. Retrieved June 16, 2020 .
  7. ^ Opinion on the constitutional complaint of the Munich bfg from 9.2.2010 (1 BvR 458/10). Retrieved June 16, 2020 .
  8. ↑ 1 Senate of the Federal Constitutional Court: Federal Constitutional Court - Decisions - The freedom of the special protection of silence on Good Friday is incompatible with the fundamental rights. October 27, 2016, accessed June 16, 2020 .
  9. ↑ The ban on dancing on Good Friday does not apply without restrictions. Retrieved June 16, 2020 .
  10. ↑ LTO: BVerfG overturns absolute ban on dancing on Good Friday. Retrieved June 16, 2020 .
  11. ^ Gerhard Czermak: The Böckenförde dilemma. hpd.de, September 13, 2017, accessed on June 16, 2020 .
  12. ↑ Claudius Prößer: dispute over headscarves in schools: it is even more neutral . In: The daily newspaper: taz . January 14, 2018, ISSN  0931-9085 ( taz.de [accessed June 16, 2020]).
  13. ↑ New legal opinion: Berlin Neutrality Act is not unconstitutional. Retrieved June 16, 2020 .
  14. ↑ Susanne Vieth-Entus: Berlin Neutrality Act: Vocational schools do not want headscarves. Der Tagesspiegel, January 13, 2018, accessed on June 16, 2020 .
  15. ↑ Malte Lehming: An uprising by secular fundamentalists. In: Der Tagesspiegel. January 19, 2018, accessed June 16, 2020 .
  16. ↑ Lehming on the wrong track - statement on the comment by Malte Lehming in the Tagesspiegel. In: pro.neutralitaetsgesetz.de. January 18, 2020, accessed June 16, 2020 .
  17. ↑ Second reply to the comment by Malte Lehming from Tagesspiegel. In: pro.neutralitaetsgesetz.de. January 22, 2018, accessed June 16, 2020 .
  18. ↑ “Lawyers are traditionally conservative”: Page 2 of 2. Accessed on June 16, 2020 .
  19. ↑ Katja Thorwarth: Media and Church: Be gracious to us, Lord God! Frankfurter Rundschau, October 3, 2019, accessed on June 16, 2020 .
  20. ^ Opinion on the constitutional complaint of the Munich bfg from 9.2.2010 (1 BvR 458/10). Retrieved June 16, 2020 .
  21. ↑ Berlin Neutrality Act not unconstitutional - Legal expert opinion by Dr. Gerhard Czermak. In: Initiative PRO Berlin Neutrality Act. January 12, 2018, accessed June 16, 2020 (German).
  22. ↑ Gerhard Czermak, Jacqueline Neumann: Statement on printed matter 19/877 “Ensure religious freedom in public schools”. In: Schleswig-Holstein State Parliament. December 13, 2018, accessed June 16, 2020 .
personal data
SURNAME Czermak, Gerhard
BRIEF DESCRIPTION German lawyer
DATE OF BIRTH 1942
PLACE OF BIRTH Brno