Erwin Melichar

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Erwin Melichar (born September 26, 1913 in Vienna ; † February 16, 2000 there ) was an Austrian lawyer and President of the Constitutional Court of the Republic of Austria from 1977 to 1983.

Life

Melichar his doctorate in 1936 at the University of Vienna Dr. iur. In the same year he completed the court practice. In 1937 he joined the financial services of the Republic of Austria. 1941-1946 he was in military service and as a prisoner of war. After returning from captivity, he rejoined the Federal Ministry of Finance in 1946 (1956: Ministerialrat).

In addition to his professional activity, Melichar completed his habilitation in 1947 at the University of Vienna with a thesis on jurisdiction and administration in state and canon law for canon law , in 1948 his teaching authorization was extended to general administrative theory and financial law, and in 1953 to Austrian administrative law. In 1953 he became an associate professor for public law at the University of Graz and in 1956 a full professor, and in 1961/62 he was even rector of the University of Graz . In 1963 he moved to the University of Vienna as the successor to Adolf Julius Merkl . In 1969/70 he was Dean of the Faculty of Law .

On February 12, 1958, Melichar was appointed a member of the Constitutional Court with effect from February 22, 1958 . He can be verified as a permanent speaker from 1959 to 1976. From 1970 to 1977 he published the findings and decisions of the Constitutional Court . On October 6, 1977, with effect from October 10, 1977, he was appointed President of the Constitutional Court, which he held until he left the Constitutional Court at the end of 1983.

Melichar found his final resting place at the Ober St. Veit cemetery (group B, number 4).

Memberships and honors

Fonts

  • Jurisdiction and administration in state and canon law . Manz: Vienna 1948. (Zugl .: Vienna, Univ., Habil.-Schr., 1947)
  • The salary law of federal employees with explanatory remarks, implementing regulations, findings of the constitutional and administrative court and decisions of the central offices. Edited by Erwin Melichar u. a., Manz: Vienna 1953 (Manzsche edition of Austrian laws 40).
  • The 1953 Income Tax Act with ancillary laws, implementing regulations and supreme court decisions. Edited by Erwin Melichar. As of February 1, 1955 with changes and additions during printing until July 31, 1955, Verlag der Österreichischen Staatsdruckerei 1955 (hand edition of Austrian laws and ordinances. New series: Group 4, Finanzrecht, 3).
  • Travel fee regulation 1955. Ordinance of March 29, 1954, regarding fees for business trips, duties at the place of work, assignments and transfers. With explanatory remarks, implementing regulations and decisions by the central offices. Edited by Erwin Melichar, Hans Ostermann. Manz: Vienna 1955 (Manzsche edition of Austrian laws 40a).
  • The development of fundamental rights in Austria. Expert opinion provided by Erwin Melichar, Manz: Vienna 1964 (Negotiations of the Second Austrian Legal Conference, 1, Expert Opinion 2).
  • Financial process and rule of law . Kienreich: Graz 1962.
  • From the separation of powers in the formal and material sense, taking into account the delimitation of jurisdiction and administration, especially in the field of criminal law. Expert report by Erwin Melichar. Manz: Vienna 1970 (Negotiations of the Fourth Austrian Legal Conference, 1, Expert Opinion 1).
  • The judicature of the Constitutional Court 1970-1974 . Edited by the Constitutional Court; edit by Erwin Melichar and Eleonore Berchtold-Ostermann , Österreichische Staatsdruckerei: Vienna 1975.
  • The judicature of the Constitutional Court 1975-1979 . Edited by the Constitutional Court; edit by Erwin Melichar and Eleonore Berchtold-Ostermann, Österreichische Staatsdruckerei: Vienna 1984.
  • The Lower Austrian Real Estate Act in the light of the case law of the Constitutional Court. Lecture given to the Lower Austrian Legal Society on June 9, 1976 in Stockerau. Verl. Niederösterreichisches Pressehaus: St. Pölten [u. a.] 1976 (series of publications Niederösterreichische Juristische Gesellschaft 7). ISBN 3-85326-206-6 .
  • Legal issues of the administrative procedure. A comparative representation between Austria and Poland. Reports of the Austro-Polish jurisprudential colloquium, Vienna 1977. Ed. By Erwin Melichar, Manz: Vienna 1979. ISBN 3-214-06601-3 .

literature

  • Heinz Schäffer in connection with Klaus König and Kurt Ringhofer (eds.): In the service of state and law. International commemorative publication. Erwin Melichar on his 70th birthday , Manz: Vienna 1983. ISBN 3-214-06107-0 .
  • Karl Korinek : Erwin Melichar on his 80th birthday , in: Archives of Public Law 1993, p. 664.
  • Ludwig Adamovich jun. , Erwin Melichar , in: Almanach of the Austrian Academy of Sciences 150 (2000), pp. 479–485.
  • Heinz Schäffer: In memoriam Erwin Melichar (September 26, 1912 - February 16, 2000) , in: ZÖR 55 (2000), pp. 425–431.
  • Margarete Grandner: Studying at the Law and Political Science Faculty of the University of Vienna 1945–1955 (PDF; 160 kB) , in: Margarete Grandner, Gernot Heiss, Oliver Rathkolb (eds.): Future with contaminated sites. The University of Vienna 1945 to 1955, Vienna 2005, pp. 290–312.
  • Kurt Heller: The Constitutional Court. The development of constitutional jurisdiction in Austria from the beginning to the present . Publishing house Austria: Vienna 2010, ISBN 978-3-7046-5495-3 .

Web links

Individual evidence

  1. ^ List of honorary doctorates on the University of Pécs website
personal data
SURNAME Melichar, Erwin
BRIEF DESCRIPTION Austrian lawyer and President of the Constitutional Court of the Republic of Austria
DATE OF BIRTH September 26, 1913
PLACE OF BIRTH Vienna
DATE OF DEATH February 16, 2000
Place of death Vienna