Winfried Bausback

Bausback 2012

Winfried Bausback (born October 22, 1965 in Aschaffenburg ) is a German politician ( CSU ), lawyer and university professor . Since 2007 he has held the chair for public law, in particular European and international business law, at the University of Wuppertal . He has been a member of the Bavarian State Parliament since 2008 . From October 2013 to November 2018 he was Minister of State for Justice in the Seehofer II and Söder I cabinets, and Georg Eisenreich took over this position after the state elections in 2018 .

Life

Education

After graduating from high school in 1985, Bausback studied law at the University of Würzburg at the Kronberg High School in Aschaffenburg . He completed his legal clerkship in Aschaffenburg, Würzburg and Frankfurt. Bausback passed his second state examination in law in 1995 with distinction . He then worked as a research assistant at the chair for international law , general political theory , German and Bavarian constitutional law and political science at the University of Würzburg. He received his doctorate on the subject of “Constitutional limits to the right to vote in the German Bundestag” with Dieter Blumenwitz .

University teaching

He received his habilitation at the Julius Maximilians University in Würzburg in 2002. There he was qualified to teach public law, European law and international law. Bausback then took on substitute professorships at the Friedrich-Alexander University Erlangen-Nuremberg and the University of Bayreuth as well as teaching positions at the Catholic University of Eichstätt-Ingolstadt .

Bausback has been a professor at the University of Wuppertal since 2007 ( public law , in particular European and international business law ). Since his election to the Bavarian State Parliament in October 2008, he has been on leave there.

University and scientific work

Bausback is an active member of numerous national and international scientific societies. Since 1998, these include the German Association for International Law (German National Group of the International Law Association ), the Working Group Parliament and International Law, and since 1999 the American Society of International Law . He has also been a member of the Association of German Constitutional Law Teachers since 2002 , and since 2003 a member of the German Society for International Law, the Gesellschaft für Rechtsvergleichung e. V. and founding member of the Societas Iuris Publici Europaei (SIPE), and since 2005 member of the AWR (Research Society for the World Refugee Problem ).

Private

Bausback is married and has three children. He is of the Roman Catholic denomination. Bausback belongs to numerous social and scientific associations and associations. Among other things, he has been deputy chairman of the St. Konrad kindergarten association in Aschaffenburg for many years, a member of the board of trustees of the University of Würzburg for several years and president of the Spessart Association since 2017 .

Party and parliamentary activity

CSU politician

Bausback joined the Junge Union in 1984 and has been a member of the CSU since 1985.

Since 2009 he has held the office of district chairman in the CSU district association of Aschaffenburg-Stadt. In addition, he is an elected member of the board of the CSU district association of Lower Franconia and the CSU party board as well as a co-opted member of the CSU presidium.

Local politics

Bausback 2014 in conversation with a citizen.

Bausback has been a member of the Aschaffenburg city council since 2002. He was deputy group chairman there from 2005 to 2014. As a city councilor he belongs to a. to the advisory board of the Aschaffenburg Culture Prize Foundation. As a city council, he is primarily committed to the renovation of schools and the strengthening of the municipal transport infrastructure. In 2011 he spoke out in favor of setting up a curfew in the city center of Aschaffenburg, but at the same time admitted that this was not a “panacea”. A corresponding application by the Union parliamentary group in the city council envisaged further measures such as a restriction on alcohol sales at petrol stations and snack bars, but with a concept of so-called "friendly Uffbasser", similar to the voluntary police service , as well as a combined use of police and public order office in so-called . "City Stripes", dropped.

In the Mayor election in Aschaffenburg in 2012, Bausback was the only opposing candidate against Klaus Herzog (SPD), but was unable to prevail against the incumbent with 18% of the votes. This also meant the worst result for a CSU candidate in town.

Landtag mandate

In 2008 Bausback moved into the Bavarian State Parliament for the Aschaffenburg-West district . Until 2013 he was a member of the Committee on Constitutional Affairs, Legal Affairs, Parliamentary Affairs and Consumer Protection and the Public Service Committee. In addition, Bausback was a member of the committees of inquiry into BayernLB / HGAA , as well as right-wing terrorism in Bavaria - NSU . Further focal points of his political work are education and culture.

In the 2013 state elections, he defended his direct mandate with 42.9% of the votes, which was slightly above his 2008 result (42.3%). On October 9, 2013, it was announced that Bausback will be the new Bavarian Minister of Justice, replacing Beate Merk . In the state election on October 14, 2018, Bausback again won the direct mandate with 37.3% and achieved the second-best result for the CSU in Lower Franconia with 50,396 total votes after Barbara Stamm. Furthermore, Bausback is a member of the Committee for Science and Art and a member of the Judges' Election Commission.

As a member of the state parliament, Bausback is also concerned with strengthening and developing his home region, the Bavarian Lower Main and the independent city of Aschaffenburg. Among other things, he campaigned for the establishment of the science transfer facility Zewis, for the general renovation of the Aschaffenburg renaissance castle Johannisburg , new courses at the university and the establishment of a digital start-up center.

Bausback at a press conference as Minister of Justice 2017.

Bavarian State Minister of Justice

In October 2013 Bausback was appointed Minister of State for Justice to the Seehofer II cabinet . In March 2018 he was confirmed as Minister of State for Justice in the Söder cabinet . He has been spokesman for the justice ministers of the Union-led countries since 2016.

Reform of press and public relations

In 2013 Bausback initiated a self-image debate in the Bavarian judiciary. This pursued the aim of subjecting the work of the judiciary to a self-critical examination after it had come into the focus of public criticism in connection with mostly individual criminal cases. Bausback also modernized the judiciary's press and public relations work and revised the guidelines for cooperation between the judiciary and the press. The new version of this came into force in June 2014.

Internet crime, extremism and terrorism

Bausback set up specialized units to combat cybercrime as well as extremism and terrorism. The Central Office Cybercrime Bavaria has existed since January 1, 2015 at the Public Prosecutor's Office in Bamberg and is responsible throughout Bavaria for the processing of prominent investigations in the field of cybercrime. The Bavarian Central Office for Combating Extremism and Terrorism was set up at the Munich Public Prosecutor's Office on January 1, 2017. It conducts particularly prominent state security proceedings itself as well as the proceedings due to the formation of terrorist organizations - including foreign ones - which the Federal Prosecutor general gives to the ZET because of "minor importance". In addition, Bausback called for loopholes in criminal terrorism law to be closed, for example by reintroducing the criminal liability of advertising for sympathy and punishing attempts to support a terrorist organization.

Anti-Semitism Commissioner

To combat anti-Semitism, Bausback installed anti-Semitism officers at the three Bavarian public prosecutor's offices in Munich, Nuremberg and Bamberg in September 2018. He also calls for loopholes in criminal law to be closed, for example in the criminalization of sedition that is committed from abroad but is effective in Germany. In 2018, together with the Institute for Contemporary History Munich-Berlin, he started the research project “State Justice and the Nazi Past - Democracy and the aftermath of dictatorship in the Bavarian State Ministry of Justice after 1945”.

Further reforms

In February 2018, the Bavarian State Parliament passed the Bavarian Judges and Public Prosecutors Act, which was drawn up under the leadership of the Bavarian State Minister of Justice. The law prohibits judges and others from wearing religious or ideological clothing in the courtroom.

During Bausback's tenure, the Bavarian police uniforms were changed. On August 1, 2018, he and the Bavarian Interior Minister Joachim Hermann reported that each of the approximately 27,500 police officers and the 5,600 judicial officers had received initial equipment. The colors of the company vehicles would also be gradually changed; the costs for both measures amounted to around 40 million euros.

During the term of office of Justice Minister Bausback - on September 15, 2018 - the Bavarian Supreme Regional Court was also newly established with Hans-Joachim Heßler as President.

Legal policy positions

Homicides and violent crimes

With regard to the distinction between murder and manslaughter , Bausback rejected the reforms demanded by Federal Justice Minister Heiko Maas in June 2015 , as he feared a reduction in the sentence for murder as a result.

Bausback described changes in the penal system as a consequence of the Gustl Mollath case in an interview from January 2015 and described significant changes to the previous assessment practice for detained offenders . Specifically, he cited a future compulsion to change the responsible expert . In 2018, Bausback expressed his support for facilities for the therapy of sex offenders during a ceremony to mark the tenth anniversary of a specialist outpatient clinic run by the Munich aid organization . According to a report by the SZ , he indicated that the most reliable victim protection is a successful rehabilitation of such perpetrators. So that these do not remain perpetrators, an attempt must be made to fathom the causes of such an act and to eliminate them for the future.

Advertisement for abortion

In 2018, he advocated maintaining Section 219a of the Criminal Code , which makes advertising for termination of pregnancy a criminal offense. He told the FAZ that this was about the constitutionally guaranteed protection of unborn life . A lifting of the advertising ban would have the consequence "that abortions may be advertised without regulation - even if it is in the most offensive and commercializing manner." This is incompatible with the case law of the Federal Constitutional Court .

digitalization

In the spring of 2018, Bausback was the first state minister of justice to demand that the police be allowed to post material to investigate child pornography on the Darknet themselves (so-called "chastity tests"), provided that it was computer-generated recordings.

During his tenure as Minister of Justice, Bausback pushed ahead with the introduction of electronic legal transactions and electronic files in the Bavarian courts. He has set himself the goal of not only introducing the electronic file nationwide in Bavaria by the legally stipulated time in 2026, but also by 2022 in as many courts as possible and in as many procedural areas as possible.

Full veiling

Bausback considered a full veiling ban in Germany possible in 2016 . In a guest article for the Frankfurter Allgemeine Zeitung he justified this as follows:

“What kind of understanding of freedom and equality that is worth protecting when a woman walks through the city center fully veiled while the man next to her is wearing shorts and a T-shirt? Even if it may be a self-determined decision in individual cases, the state's protection legitimizes the oppression of Muslim women who are forced to veil and increases the pressure on those who have so far refused to do so. […] Our Basic Law has always been able to provide adequate answers to new developments. The so-called IT basic rights, for example, were developed from the Basic Law without a constitutional change. When times change, so can the constitution. Especially when a fundamentalist, intolerant, political Islam that is not ready for integration is on the advance worldwide and Islamists abuse religion as a protective cloak for their political purposes, religious freedom has to be rethought and reorganized in this overall context. "

Bausback campaigned for a ban on face covering for those involved in the process. The Federal Council passed a corresponding draft law by Bavaria and North Rhine-Westphalia in its plenary session on October 19, 2018.

Migration and Refugees

In the context of the refugee crisis Bausback called after the refugee tragedy in Parndorf in September 2015, the minimum penalty for trafficking and tractors to raise to three months in prison. In August 2018, he presented Bavaria's first special department for combating cross-border and smuggling crime at the Traunstein public prosecutor's office.

In 2017, Bausback introduced his own draft law to the Federal Council, which provided for a ban on taking into account cultural backgrounds that contradict the German legal system when determining sentences.

Bausback also successfully campaigned for the fight against child marriage, a corresponding law to fight child marriage with the so-called nullity solution came into force on July 22, 2017. He also campaigned against multiple marriages concluded abroad and for a ban on face covering during court hearings.

Reform of the StPO

Bausback successfully called for the expansion of the powers of law enforcement agencies to investigate criminal offenses, for example through the possibility of online searches and source TKÜ . In addition, he urges legal relief for the implementation of criminal proceedings, for example through easier rejection of applications for evidence and bias, as well as faster clarification of complaints of occupation as well as the bundling of accessory charges.

Registered life partnership

In June 2015, Bausback, who spoke out in favor of fundamental equality between the institutions of marriage and registered partnership , was critical of the plans of the SPD, the Greens and the Left Party for the equality of marriage and civil partnerships. He rejected the right to joint adoption through same-sex civil partnerships and described the parties' initiative as “shop window politics”. In an interview with the Münchner Abendzeitung on the occasion of Angela Merkel's initiative in the summer of 2017 to open up marriage to same-sex partners , he made it clear: “I acknowledge with great appreciation when people stand up for one another in same-sex partnerships. I give a clear refusal to discriminate against same-sex partners. ”At the same time, he emphasized that the case law of the Federal Constitutional Court has also established that the partners are of different sexes as a“ characteristic ”of marriage and that this also corresponds to his personal assessment. Both Justice Minister Bausback and State Chancellery Chief Marcel Huber declared that there was “considerable legal uncertainty” among the population. The Bavarian state government then had Ferdinand Wollenschläger ( University of Augsburg ) examine the compatibility with the Basic Law, as well as Dagmar Coester-Waltjen ( University of Göttingen ) the international legal situation on "marriage for all". Both reports did not reveal any evidence of a contradiction to the Basic Law, so that an initially reserved application for review of norms at the Federal Constitutional Court was abandoned.

Publications

As editor:

• With Carsten Linnemann (ed.): Political Islam does not belong to Germany: How we defend our free society. 1st edition. Herder Verlag, Freiburg im Breisgau, 2019, ISBN 978-3-451-38351-9
• With Gilbert H. Gornig (Ed.), Burkhard Schöbener (Ed.) And Tobias H. Irmscher (Ed.): Iustitia et Pax. Commemorative writing for Dieter Blumenwitz. 1st edition. Duncker & Humblot, Berlin, 2008, ISBN 978-3-428-52745-8
• With Thomas H. Irmscher: Law and Humanity. Speeches and lecture at the academic commemoration for Dieter Blumenwitz. In: Würzburger jurisprudential writings . Volume 63. Ergon Verlag, Würzburg, 2006, ISBN 978-3-89913-502-2

As processor:

• Dieter Henrich (Ed.): J. von Staudinger's Commentary on the Civil Code. Part: [Erg.-Bd.]., Introductory Act to the Civil Code, IPR / Art 3 - 6 EGBGB [u. a.]. Rework 2013 by Wilfried Bausback. De Gruyter - Sellier, Berlin, 2013, ISBN 978-3-8059-1151-1

As author:

• Constitutional limits of the right to vote in the German Bundestag. In: Writings on constitutional and international law . Volume 79. Peter Lang Verlag, Frankfurt am Main / Berlin / Bern / New York / Paris / Vienna, 1998, ISBN 978-3-631-32425-7 (also dissertation University of Würzburg)
• The economic embargo as the subject of various legal systems: international law, European law and national foreign trade law. Mohr Siebeck, Tübingen, 2005, ISBN 3-16-147954-8 (also habilitation thesis)

Web links

Commons : Winfried Bausback  - Collection of images, videos and audio files

• Biography. Bavarian State Parliament.
• List of publications on the website of the University of Wuppertal
• Official website of Winfried Bausback

Individual evidence

1. ↑ Winner of the Lower Franconian Annual Memorial Foundation for Science in 1998. Würzburg 1998
2. ↑ ^{a b} Minister of State Prof. Dr. Winfried Bausback, Member of the State Parliament . Bavarian State Ministry of Justice. Retrieved September 2, 2015.
3. ↑ Prof. Dr. Winfried Bausback . University of Wuppertal. Retrieved September 2, 2015.
4. ↑ We . CSU. Retrieved October 31, 2018.
5. ↑ Board of Directors . CSU. Retrieved October 31, 2018.
6. ↑ »The earlier curfew makes sense« . In: main-echo.de . February 17, 2011 ( main-echo.de [accessed November 6, 2018]).
7. ↑ Social work instead of curfew . In: main-echo.de . February 24, 2011 ( main-echo.de [accessed November 6, 2018]).
8. ↑ Instead of blocking time: Solving problems together . In: main-echo.de . December 16, 2011 ( main-echo.de [accessed November 6, 2018]).
9. ↑ Bausback sticks to the CSU chairmanship - Herzog promises to stick to the ground . Main network. Accessed September 2.
10. ↑ Mayor election 2012 (PDF; 9 kB) City of Aschaffenburg. 2012. Archived from the original on September 23, 2015. Retrieved September 2, 2015.
11. ↑ Seehofer makes Aigner his deputy . Time online. October 9, 2013. Retrieved September 2, 2015.
12. ↑ These are all 205 elected members of the new Bavarian state parliament . Mercury. Retrieved October 31, 2018.
13. ↑ Castle renovation planned by 2022 . Main echo. Retrieved October 31, 2018.
14. ^ New course in Aschaffenburg: medical technology . Main echo. Retrieved October 31, 2018.
15. ↑ Digital start-up center comes to Lohr . Main Post. Retrieved October 31, 2018.
16. ↑ https://www.bayern.de/staatsregierung/ministerpraesident/die-bayerischen-kabinette-seit-1945/kabinett-horst-seehofer-seit-2013-seit-10-oktober-2013/
17. ↑ https://www.zeit.de/politik/deutschland/2018-03/bayern-neues-kabinett-markus-soeder-ludwig-spaenle
18. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2018/139.php
19. ↑ https://jm.rlp.de/de/service/presse/detail/news/detail/News/88-herbstkonferenz-der-justizministerinnen-und-justizminister-in-berlin-1/
20. ↑ https://www.mainpost.de/ueberregional/bayern/Bausback-will-verlorenes-Vertrauen-zurueckgewinnen-und-wehrt-sich-gegen-Pauschalkritik;art16683,8140144
21. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2015/22.php
22. ↑ http://www.gesetze-bayern.de/Content/Document/BayVwV286092/true
23. ↑ https://www.justiz.bayern.de/gerichte-und-behoerden/starkeantwort/index.php
24. ↑ https://www.wiesentbote.de/2015/12/23/mdl-heinrich-rudrof-zentralstelle-cybercrime-bayern-in-bamberg/
25. ↑ https://www.justiz.bayern.de/gerichte-und-behoerden/generalstaatsanwaltschaft/bamberg/spezial_1.php
26. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2014/185.php
27. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2018/99.php .
28. ↑ https://www.bayernkurier.de/inland/34054-schutz-vor-angriffen-aus-dem-internet/
29. ↑ https://www.merkur.de/politik/bayerische-zentralstelle-eine-behoerde-bei-extremismus-nicht-lange-fackelt-9925967.html
30. ↑ https://www.justiz.bayern.de/gerichte-und-behoerden/generalstaatsanwaltschaft/muenchen/verfahren.php
31. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2018/61.php
32. ↑ https://www.merkur.de/politik/bayerische-zentralstelle-eine-behoerde-bei-extremismus-nicht-lange-fackelt-9925967.html
33. ↑ https://www.welt.de/regionales/bayern/article176960442/Bausback-Terrorunterstuetzung-schon-als-Versuch-strafbar.html
34. ↑ https://www.lto.de/recht/hintergruende/h/129a-stgb-terroristische-vereinigung-werbung-sympathie-union/
35. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2016/36.php
36. ↑ https://www.br.de/nachrichten/bayern/bayerische-justiz-bekom-antisemitismus-beauftragte,R4lcaMv
37. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2018/146.php
38. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2018/134.php
39. ↑ https://www.ifz-muenchen.de/aktuelles/artikel/?tx_news_pi1%5Bnews%5D=1031&cHash=e6a4bbd153794b5517ece01f2e76d54a
40. ↑ http://www.gesetze-bayern.de/Content/Document/BayRiStAG/true
41. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2018/13.php
42. ↑ WORLD: Police and Justice: conversion to blue uniform completed . In: THE WORLD . August 29, 2018 ( welt.de [accessed November 6, 2018]).
43. ↑ https://www.zeit.de/2018/40/bayrisches-oberstes-landesgericht-justiz-identitaet-bayern/seite-2
44. ↑ https://www.lto.de/recht/justiz/j/bayerisches-oberstes-landesgericht-beschluss-landtag-v Einheitlichkeit-rechtsprechung /
45. ↑ https://www.justiz.bayern.de/gerichte-und-behoerden/bayerisches-oberstes-landesgericht/index.php
46. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2018/36.php
47. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2018/129.php
48. ↑ https://www.br.de/nachrichten/bayern/das-neue-bayerische-oberste-landesgericht-und-sein-chef,R3nBQtp
49. ↑ Maas wants to reform criminal law for murder and manslaughter . Southgerman newspaper. February 8, 2014. Accessed October 1, 2015.
50. ↑ "A very clear edge" . Southgerman newspaper. June 30, 2015. Accessed October 1, 2015.
51. ↑ "Trust has been lost" . Frankfurter Allgemeine Zeitung. January 22, 2015. Accessed October 1, 2015.
52. ↑ Sven Loerzer: "Locking away forever makes no sense" . In: sueddeutsche.de . 2018, ISSN  0174-4917 ( sueddeutsche.de [accessed on November 6, 2018]).
53. ^ FAZ objection exclusive: Bavaria strictly against legalization of abortion advertising . In: FAZ.NET . ISSN  0174-4909 ( faz.net [accessed November 6, 2018]).
54. ↑ http://www.faz.net/aktuell/gesellschaft/kriminalitaet/wie-bayern-der-kinderpornographie-ein-ende-etzen-will-15718453.html
55. ↑ https://www.justiz.bayern.de/service/elektronischer-rechtsverkehr/
56. ↑ https://anwaltsblatt.anwaltverein.de/files/anwaltsblatt.de/anwaltsblatt-online/2018-392.pdf
57. ↑ Rethinking religious freedom . Frankfurter Allgemeine Zeitung. November 29, 2016. Retrieved February 14, 2017.
58. ↑ https://www.bundesrat.de/SharedDocs/drucksachen/2018/0401-0500/408-18(B).pdf?__blob=publicationFile&v=1
59. ↑ Migration: Bavaria demands higher minimum sentences for people smugglers . Focus Online. September 8, 2015. Accessed October 1, 2015.
60. ↑ https://www.merkur.de/politik/bayern-sagt-schleuserkriminalitaet-kampf-neue-abteilung-wird-vorektiven-zr-10105180.html
61. ↑ More security, more efficiency . Bayernkurier. Retrieved October 31, 2018.
62. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2017/83.php
63. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2017/56.php
64. ↑ https://www.welt.de/politik/deutschland/article178803222/Bundesrat-Bayern-will-gegen-auslaendische-Vielehen-vorfahren.html
65. ↑ https://www.justiz.bayern.de/presse-und-medien/pressemitteilungen/archiv/2018/154.php
66. ↑ https://www.csu.de/partei/parteiarbeit/arbeitskreise/akj/akj-aktuell/februar-2017/stpo-reform/
67. ↑ https://www.br.de/nachrichten/bayern/unionsminister-wollen-schnellere-strafverfahren-in-deutschland,R5WOKsR
68. ↑ Marriage is a union of woman and man . Bayernkurier. June 12, 2015. Retrieved September 2, 2015.
69. ^ "An unfriendly maneuver by the SPD" . Frankfurter Allgemeine Zeitung. June 11, 2015. Accessed September 2, 2015.
70. ↑ BVerfG, judgment of the First Senate of July 17, 2002: Constitutionality of the Civil Partnership Act: no need for approval from the Federal Council - no damage to or impairment of marriage, marriage promotion requirement does not require other forms of life to be discriminated against. Marg. 79. Retrieved November 12, 2018 . 
71. ^ Abendzeitung, Germany: AZ interview: Bausback: That's why I am against marriage for everyone - Abendzeitung Munich . ( Abendzeitung-muenchen.de [accessed on November 12, 2018]).
72. ↑ Bavaria commissions legal opinions on marriage for everyone . ( tagesspiegel.de [accessed on November 12, 2018]).
73. ↑ Lisa Schnell: Bavaria waives any lawsuit against marriage for everyone . In: sueddeutsche.de . 2018, ISSN  0174-4917 ( sueddeutsche.de [accessed on November 12, 2018]).