Andreas Fischer-Lescano

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Andreas Fischer-Lescano (born September 14, 1972 in Bad Kreuznach ) is a German legal scholar . He is a professor at the University of Bremen with the main research areas Public Law , European Law , international law , legal theory and legal policy .

Life

Andreas Fischer-Lescano studied law and philosophy at the University of Tübingen , the University of Göttingen , the Pontifical University of Comillas in Madrid and the University of Frankfurt am Main from 1994 to 1999 . After taking the first state examination in law in 1999, he completed his legal clerkship in Frankfurt am Main and in São Paulo and worked for Hengeler Mueller . In 2001 the second state examination followed. He was at the University of Frankfurt in 2003 with the best rating summa cum laude for Dr. jur. PhD .

From 2001 to 2004 Fischer-Lescano worked as a research assistant with Professors Michael Bothe and Thomas Vesting at the University of Frankfurt. In 2002 and 2003 he studied at the European University Institute in Florence , where he obtained a Master of Laws (LL.M) degree . From 2003 to 2004 he was also a project-related research assistant at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. He then worked from 2004 to 2006 as a research assistant at the Institute for Business Law at the Goethe University in Frankfurt am Main with Gunther Teubner and at the Hessian Foundation for Peace and Conflict Research (PRIF). In 2006 he became an academic advisor at Frankfurt University, followed by his habilitation in 2007 and he was awarded the right to teach public law, European law, international law and legal theory.

In the 2007/2008 winter semester he held a substitute professorship for public law at Bielefeld University and in the following summer semester a substitute professorship for public law, European law and international law at the University of Bremen. Since the winter semester 2008/2009 he has been a full professor at the University of Bremen and managing director of the Center for European Legal Policy at the University of Bremen (ZERP). In the meantime he was Dean of Studies in the Faculty of Law. Since 2015 he has been chairman of the department’s doctoral committee.

Fischer-Lescano, who left the SPD after the asylum compromise in 1992 , was one of the founding members of the political think tank Institut Solidarische Moderne (ISM) in 2010 . He was a member of the board of trustees of the ISM and belongs to the association of German constitutional law teachers . Fischer-Lescano is also involved as a liaison lecturer for the Friedrich Ebert Foundation . He is also co-editor of the Critical Justice , the journal for immigration law and policy , the publications on migration law and the publications of the ZERP .

In September 2019 he was one of about 100 constitutional law teachers who, with the open appeal for the right to vote, Downsized the Bundestag! turned to the German Bundestag .

Controversy

Air raid near Kunduz

Fischer-Lescano is of the opinion that during the air attack near Kunduz in Afghanistan on September 4, 2009 on two tank trucks stolen by the Taliban , compliance with the due diligence requirements to be imposed on the Bundeswehr soldiers was doubtful. The background to this is the claim for damages brought by the driver of one of the tank trucks before the regional court in Bonn. If a violation of the rules of engagement is found and this is assessed as a breach of duty of care, the Federal Republic of Germany could be obliged to pay compensation. In his opinion, such compensation proceedings could give rise to a fundamental questioning of Bundeswehr deployments abroad.

Plagiarism allegation against Karl-Theodor zu Guttenberg

In February 2011, Fischer-Lescano, together with Felix Hanschmann , European lawyer at the University of Frankfurt am Main, a research associate at the BVerfG and co-editor of the Critical Justice , accused the Federal Defense Minister Karl-Theodor zu Guttenberg of his doctoral thesis Constitution and Constitutional Treaty . Constitutional stages of development in the USA and the EU are "a brazen plagiarism " and "a deception" in several places . In a review of Guttenberg's dissertation for critical justice , Fischer-Lescano had found several longer text passages after a plagiarism check that had been taken verbatim from the works of other authors without Guttenberg having marked them accordingly. He came to the conclusion that this ran through the "entire work and through all content-related parts". Text passages were largely taken over word for word from newspaper articles that had appeared in the Neue Zürcher Zeitung and the Frankfurter Allgemeine Zeitung . The University of Bayreuth finally revoked zu Guttenberg's doctorate on February 23, 2011 . Guttenberg's resignation as Federal Minister of Defense followed on March 1, 2011.

FTA

In October 2014, Andreas Fischer-Lescano and Johan Horst wrote a brief legal opinion on the European and constitutional requirements for the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada on behalf of Attac . They came to the conclusion that CETA violates both European law and the Basic Law in several ways . Fischer-Lescano rejected a proposal presented in February 2015 by the European social-democratic trade ministers to reform investment protection regulations by setting up an investment court as a means of strengthening the “institutions of free trade ideology”. Investment disputes are better off before human rights courts, where a more balanced protection of property can be expected.

Reparations to Greece

On the question of Greece's reparation claims against Germany, Andreas Fischer-Lescano took the view in March 2015 that these were entirely justified from an international law perspective. He criticized the federal government's "line of business" and pointed out to the German Press Agency that there had never been a final clarification of this question. The two-plus-four treaty does not exclude reparation claims because Greece was not a contractual partner. The forced loan raised in 1942 was to be repaid. Partial compensation is also conceivable, such as setting up a fund as a gesture.

Fonts (selection)

Web links

Individual evidence

  1. ^ A b c Research profile Andreas Fischer-Lescano (curriculum vitae). ( PDF file, 225 KB) In: Collaborative Research Center 597. Research profiles of the applicants. University of Bremen , 2010, pp. 11-13 , accessed on February 18, 2011 .
  2. ↑ sueddeutsche.de , March 4, 2011
  3. ↑ Board of Trustees. In: ISM website. Institut Solidarische Moderne (ISM), p. (2) , accessed on February 18, 2011 .
  4. ^ Person Andreas Fischer-Lescano. Retrieved March 30, 2018 .
  5. ↑ Call for the right to vote: "Verkleinert den Bundestag" , open letter from September 20, 2019 in Die Welt .
  6. ^ Andreas Fischer-Lescano: Bundeswehr in Afghanistan - How Much Care Does War Need? In: Legal Tribune Online, September 27, 2010. ( Online , accessed February 18, 2011.)
  7. ↑ Compare: Uni Bayreuth sets a 14-day deadline - Guttenberg is quoted in the Chancellery , n-tv.de, February 17, 2011.
  8. ↑ Roland Preuss, Tanjev Schultz: Guttenberg is said to have copied in the doctoral thesis. In: Süddeutsche Zeitung of February 16, 2011. ( Online , accessed February 18, 2011.)
  9. ^ Andreas Fischer-Lescano: Karl-Theodor Frhr. zu Guttenberg, Constitution and Constitutional Treaty. Constitutional stages of development in the USA and the EU. In: Kritische Justiz , No. 1/2011, pp. 112–119. ( Online (PDF; 169 kB), accessed on February 18, 2011.)
  10. ↑ a b Roland Preuss: Summa cum laude? - "More than flattering". In: Süddeutsche Zeitung of February 16, 2011. ( Online , accessed February 16, 2011.)
  11. ↑ Oliver Georgi: Guttenberg copied at the beginning of his dissertation at FAZ. In: FAZ.NET of February 16, 2011 (with a synopsis of the relevant texts). ( Online , accessed February 18, 2011.)
  12. ^ Spiegel Online: Plagiarism affair: Uni Bayreuth revokes Guttenberg's doctorate. In: Spiegel Online from February 24, 2011 Online
  13. ↑ European and constitutional requirements for the Comprehensive Economic and Trade Agreement of the EU and Canada (CETA)
  14. ↑ Gabriel puts Ceta compromise before the Investment Court as a way out? , Legal Tribune Online , February 25, 2015
  15. ↑ dpa: International lawyer criticizes policy of closing the line . In: New Germany. March 16, 2015. Accessed March 30, 2018.
  16. ↑ temporary .pdf link, available at the bottom of the page. Alternatively: English version available
personal data
SURNAME Fischer-Lescano, Andreas
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH September 14, 1972
PLACE OF BIRTH Bad Kreuznach