Christiane Schmaltz

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Christiane Schmaltz at a hearing (2018)

Christiane Schmaltz (born November 30, 1970 in Hildesheim ) is a German lawyer and a judge at the Federal Court of Justice since January 1, 2018 .

Life

Schmaltz passed her first state examination in law in 1997 at the University of Göttingen . After gaining a Master of Laws at the University of Virginia in 1999, she moved from the University of Göttingen to Dr. iur. PhD. After completing her legal training with the second state examination in 2002 and practicing as a lawyer for around two and a half years, she joined the higher judicial service of Schleswig-Holstein at the end of 2004. During her trial reporting period, she was employed at the district courts of Lübeck, Oldenburg and Eutin as well as the district court of Lübeck . From January 2009 to January 2011 she was assigned to the European Court of Human Rights (ECHR) in Strasbourg as a legal officer; During this time, in August 2009, she was appointed judge at the Lübeck District Court. Subsequently, she - who has also been named as an ad hoc judge at the ECHR by the Federal Republic of Germany since 2012 - was seconded to the Federal Constitutional Court as a research assistant (by Susanne Baer ) until March 2015 . During this secondment, in January 2013, she was promoted to judge at the Schleswig Higher Regional Court. There she had been a member of a civil senate since April 2015.

The Presidium of the Federal Court of Justice assigned them to the Civil Senate , which is primarily responsible for commercial legal protection and copyright, with the exception of technical property rights, for competition law, transport law, brokerage law and legal disputes over arbitral awards .

Christiane Schmaltz is a member of the speakers 'council of the New Judges' Association , Schleswig-Holstein State Association.

Publications

  • Euthanasia, Legal Comparison Germany - USA (European University Papers, Series 2 - Law, Volume 3128). Lang , Frankfurt a. M. 2001, ISBN 3-631-37888-2 (Dissertation Georg-August-Universität Göttingen )
  • European Convention on Human Rights . Hand comment. 4th edition. Nomos , Baden-Baden 2017, ISBN 978-3-8487-1076-8 (co-author)
  • German case law and the ECHR: cooperation or confrontation? In: Sabine Leutheusser-Schnarrenberger (Ed.): From the right to human dignity, 60 years of the European Convention on Human Rights . Mohr Siebeck Verlag , Tübingen 2013, ISBN 978-3-16-152628-2 (with Renate Jaeger )
  • Comment on Peter, The "Escape to Secondary Employment"… . Communications from the German patent attorneys 2004, 504
  • University inventions: assignment and remuneration in Germany, the Netherlands, France, Great Britain, the USA and Japan . In: Commercial legal protection and copyright , 2004, pp. 469–475 (with Andreas von Falck; also in English: University Inventions: Classification and Remuneration in Germany, the Netherlands, France, the UK, the US, and Japan . In: International Review of Intellectual Property and Competition Law (IIC), 36 (2005), pp. 912–927)
  • Patent infringement and fraud: collision of criminal law and civil procedural law when providing information and accounting in patent infringement disputes . In: Commercial legal protection and copyright law , 2006, pp. 97-105 (with Markus Kuczera)
  • Human rights put to the test. Secondment to the European Court of Human Rights . In: Deutsche Richterzeitung , 2010, pp. 120–122
  • Decision on medical liability proceedings “within a reasonable period” . In: Neue Juristische Wochenschrift , 2011, pp. 13270–3273 (with Hartmut Schneider)
  • Strasbourg - Karlsruhe: delegations to the chancellery of the European Court of Human Rights and to the Federal Constitutional Court - an experience report . In: Betrifft Justiz , 2012, pp. 1340–345
  • The Grand Chamber of the European Court of Human Rights - an approximation of the filing and referral practice . In: Europäische Grundrechte Zeitschrift , 2012, pp. 1606–616
  • Job advertisements by the state government do not violate the constitutional principle of equal treatment . In: Schleswig-Holsteinische Advertisements , 2014, pp. 1168–169 (with Kai Hamdorf)
  • Right to be heard - guarantee of access to the law? In: Kritische Justiz , 2016, Issue 3, pp. 317–321

literature

Web links

Commons : Christiane Schmaltz  - Collection of images, videos and audio files

Individual evidence

  1. ^ Deutscher Richterbund (Ed.): Handbuch der Justiz 2016/17. CF Müller, Heidelberg, ISBN 978-3-8114-4156-9 , p. 417
  2. histox.de
  3. juris.bundesgerichtshof.de press release of the Federal Court of Justice of December 29, 2017 No. 204
  4. Speaker's Council ( memento of April 4, 2016 in the Internet Archive ), association of judges, public prosecutors e. V., Schleswig-Holstein State Association, accessed on December 29, 2018.