Friedrich Lehne (lawyer)

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Friedrich Lehne (born June 30, 1913 in Baden ; † December 16, 2006 ) was an Austrian legal scholar and administrative judge . Lehne was Vice President of the Austrian Administrative Court from 1978 to 1982 and a substitute member of the Austrian Constitutional Court from 1966 to 1983 .

education

Friedrich Lehne was born on June 30, 1913 as the son of Friedrich Freiherr Lehne von Lehnsheim , a section head in the Imperial and Royal Ministry of Defense and short-term head of the Ministry, in Baden, Lower Austria . He attended the humanistic grammar school in Baden, where he also graduated in 1932 . Subsequently, Lehne began studying law at the University of Vienna . In 1937 he received his doctorate in law (Dr. iur.) There . Already during his student days he was particularly interested in legal history, which is why he took the 39th course at the Institute for Austrian Historical Research in 1933-35 , where he completed a state examination on the subject of "imperial printing privileges". In 1936 he attended the Bureau d 'Etudes Internationales in Geneva as part of his studies .

Professional background

Friedrich Lehne's first professional position took him immediately after graduating at the end of 1937 as an aspirant to the Viennese municipal administration. There he was initially entrusted with duties in the area of ​​commercial and social security law. After Austria was annexed to the National Socialist German Reich , Lehne was dismissed from the community service in May 1938 due to his membership of the Austrian political party Vaterländische Front due to a law to reorganize the Austrian civil service. In 1939 he was drafted into military service and used in air defense. On March 29, 1945, towards the end of the war, he was taken prisoner by the Americans , from which he was released after about a year.

After his return in 1946, Lehne could have accepted a position in the Foreign Ministry, but decided to take a position in the Presidential Secretariat of the Administrative Court, which he took up in April 1946. After the Administrative Court was overloaded with a large number of cases at that time, Lehne was not completely legally entrusted with "auxiliary judicial tasks" and was therefore also allowed to process files independently. In 1955, in recognition of his achievements, Friedrich Lehne was appointed to a position as councilor at the administrative court and thus to a regular judge. In 1971 he subsequently became President of the Senate and, in 1978, finally Vice President of the Administrative Court. In 1982, Lehne ended his career and retired.

In addition to his work at the Administrative Court, Friedrich Lehne was appointed a substitute member of the Constitutional Court in 1966 and, in this capacity, took part in deliberations of the Constitutional Court several times until he retired in 1983. As early as 1965, Lehne had previously been appointed to a commission of experts at the Federal Chancellery , which dealt with problems of fundamental rights and freedoms. The aim of this college was to work out a catalog of fundamental rights for Austria, which was done up to 1983, in particular within the framework of a reduced editorial committee, to which Lehne also belonged. Although the elaborated draft of this committee was never codified, Friedrich Lehne himself later considered the participation in the expert group as “in a certain sense the culmination” of his “working life”.

Friedrich Lehne completed his habilitation in 1969 at the Law and Political Science Faculty of the University of Innsbruck and was authorized to teach constitutional studies. However, at the suggestion of Professor Hans Lentze, he had been working at the Faculty of Law at the University of Vienna since 1960 as an examiner for the state examinations in the subjects of legal history and later constitutional and administrative law. In 1978 Lehne received an honorary professorship for administrative law, constitutional law and their history at the University of Vienna .

Private life

Friedrich Lehne was with Inge, geb. Reut-Nicolussi, married and had three sons with them.

Publications

  • Friedrich Lehne: An emergency cry from the Administrative Court , which must not go unnoticed (=  short study by the social science working group . No. 13 ). Vienna 1996.
  • Friedrich Lehne, Heinrich Schneider : Memorandum on the topic: "Human Rights" (=  texts of the Austrian Commission for Justice and Peace "Justitia et pax" . No. No. 1 ). Vienna 1979.
  • Friedrich Lehne, Edwin Loebenstein , Bruno Schimetschek (Hrsg.): The development of the Austrian administrative jurisdiction. Festschrift for the 100th anniversary of the Austrian Administrative Court . Vienna 1976.
  • Anton Kolbabek, Friedrich Lehne (ed.): Political education (A series of publications by the Federal Ministry for Education) . Vienna 1970.
  • Friedrich Lehne: Protecting the unborn? (=  AKV information . No. 1968/1 ). Vienna 1968.
  • Friedrich Lehne: Democracy without illusions. An introduction . Vienna 1967 ( habilitation thesis at the University of Innsbruck).

Awards

literature

  • Josef Pauser: Friedrich Lehne (1913 ?? - 2006). Catholic, legal historian, Vice-President of the Administrative Court, substitute member of the Constitutional Court . In: Gerhard Strejcek (Ed.): Gelebtes Recht. 29 portraits of lawyers . Österreichische Verlagsgesellschaft C. & E. Dworak, Vienna 2012, ISBN 978-3-7067-0015-3 , p. 253-262 .
  • Josef Pauser: Friedrich Lehne (1913 ?? - 2006) . In: Communications from the Institute for Austrian Historical Research . No. 116 , 2008, pp. 229-232 .
  • Herbert Schambeck : Friedrich Lehne - 90 years . In: Legal papers . No. 125 , 2003, p. 368 .
  • Ludwig Adamovich : Friedrich Lehne - 80 years . In: Legal papers . No. 115 , 1993, pp. 450-451 .

Individual evidence

  1. ^ Friedrich Lehne: On the legal history of the imperial printing privileges. Their importance for the history of copyright law . In: Communications from the Austrian Institute for Historical Research . No. 53 , 1939, pp. 323-409 .
  2. ^ A b Friedrich Lehne: Lehne, Friedrich . In: Clemens Jabloner , Heinz Mayer (ed.): Austrian jurisprudence in self-portrayals . Vienna 2003, p. 92-99 .
personal data
SURNAME Lehne, Friedrich
BRIEF DESCRIPTION Austrian lawyer, Vice-President of the Administrative Court (1978–1982)
DATE OF BIRTH June 30, 1913
PLACE OF BIRTH to bathe
DATE OF DEATH December 16, 2006