Gabriele Kucsko-Stadlmayer

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Gabriele Kucsko-Stadlmayer as judge at the Constitutional Court (2015)

Gabriele Kucsko-Stadlmayer (* 19th December 1955 in Vienna as Gabriele Stadlmayer ) is an Austrian legal scholar and judge . She has been university professor for constitutional and administrative law at the University of Vienna since 2011 and the judge at the European Court of Human Rights (ECHR) from Austria since 2015 .

Life

Origin and school time

Gabriele Kucsko-Stadlmayer is one of two daughters of a senior civil servant and lawyer and grew up in Vienna's inner city . She went to school in Vienna (“I was interested in a lot of things, mathematics, art history, literature, music and languages.”) And lived with an exchange friend during many summer holidays in southern France . After self-portrayal, they heard music by Serge Gainsbourg and read books by Jean-Paul Sartre , Simone de Beauvoir and Albert Camus .

University education

After graduating from high school , Kucsko-Stadlmayer enrolled in law in 1973 at the Faculty of Law at the University of Vienna and, at the same time, studied French at the interpreting institute. Since she soon discovered that she liked law more than translating, she concentrated on studying law. After Rudolf Welser recognized “her talent for structured thinking”, he offered her in 1975 to work with him at the Institute for Civil Law as a research assistant (“I knew that was an opportunity”), where she worked as a student assistant for two years was.

In 1977 she graduated with the promotion of Doctor of Law (Dr. iur.) From. When she realized that her interest was more in public law , she immediately switched to Robert Walter at the Institute for Constitutional and Administrative Law as a university assistant. In addition to her academic work, she held her first courses here. In addition, she completed her court year in 1980/81 .

University career

In 1985, Gabriele Kucsko-Stadlmayer obtained her habilitation for constitutional and administrative law at the University of Vienna with disciplinary rights for civil servants, which subsequently became a standard work , and received the license to teach these subjects. In 1993 Gabriele Kucsko-Stadlmayer became an associate professor.

In 2000, Kucsko-Stadlmayer was visiting professor for Austrian, European and comparative public law, political science and administration at the University of Graz . In the same year she also became a member of the Austrian Legal Commission. In 2011, she was appointed university professor for constitutional and administrative law at the University of Vienna.

Within the university, she was Chair of the Arbitration Commission of the University of Vienna from 2006 to 2013 and Deputy Head of the Institute for Constitutional and Administrative Law from 2008 to 2014. From 2009 to 2011 she was Deputy Chairwoman of the Senate of the University of Vienna and, in succession to Helmut Fuchs, finally its Senate Chairperson from October 1, 2013 to October 31, 2015, as well as spokeswoman for the Conference of Austrian Senate Chairs. The reorganization of university law was very important to her. In her various university functions, she accompanied the universities in the process of becoming autonomous.

Since January 1, 2016, Kucsko-Stadlmayer has been a member and deputy chairwoman of the Austrian Science Council .

Non-university work

From 1995 onwards, Kucsko-Stadlmayer was appointed as a substitute member of the Austrian Constitutional Court at the suggestion of the SPÖ and remained that member until her appeal to the ECHR in 2015.

In addition, Kucsko-Stadlmayer also specialized in human rights : “The aim of our work as lawyers is not only to analyze norms, but also to turn things in life for the better.” From 2008 to 2012, she was deputy chairman of the human rights advisory board in the Federal Ministry for Inside and got an insight into the police work. From 2012 to 2013 she was Deputy Chairwoman of the Human Rights Advisory Board at the Austrian Ombudsman Board . In addition, from 2006 to 2015, she also campaigned for human rights in the Venice Commission of the Council of Europe .

Kucsko-Stadlmayer is a member of the Advisory Board of the European Law Students' Association (ELSA).

Judge at the ECHR

On April 21, 2015, Gabriele Kucsko-Stadlmayer was elected by the Parliamentary Assembly of the Council of Europe from a three-way proposal by the Federal Faymann government for a nine-year term of office as judge at the European Court of Human Rights (ECHR) in Strasbourg . With effect from November 1, 2015, she became the ECHR judge sent from Austria to succeed Elisabeth Steiner .

Private

In 1982 Gabriele Stadlmayer married the Austrian trademark law expert and lawyer Guido Kucsko . Almost simultaneously with her habilitation, her daughter (* 1984) and three years later her son (* 1987) were born. The family lives in Vienna and in their weekend house in Reichenau an der Rax . Since 2015 she has also had a residence in Strasbourg in connection with her work as a judge at the ECHR .

Kucsko-Stadlmayer is a passionate opera goer. She never missed a new performance in Vienna, and in Strasbourg she knew the opera program before she found an apartment there. She describes her predilection for operas by saying that "everything that makes life is inside: strong feelings, power and betrayal, conflict, but also reconciliation."

Awards

Publications

  • The disciplinary right of officials. (= Research from State and Law, 67.) Springer, Vienna / New York 1985, ISBN 3-211-81843-X .
  • Appointment of civil servants in the rule of law. In: Constitutional law in theory and practice: Festschrift Robert Walter for his 60th birthday, 1991, p. 387.
  • Contribution in Robert Walter (Ed.): Focus of the pure legal theory. (= Series of publications by the Hans Kelsen Institute; 18) Manz, Vienna 1992, ISBN 978-3-214-06518-8 .
  • The primacy of EU law over Austrian law. In: ecolex, 1995, p. 338.
  • Legal aspects of the advancement of women. In: JRP, 1997, p. 35.
  • European legal framework for the advancement of women. In: ÖRZ, 1999, p. 106.
  • The future significance of the state function of “jurisdiction” for law-making. In: Michael Holoubek , Georg Lienbacher (Ed.): Legal Policy of the Future - Future of Legal Policy, 1999, p. 121.
  • together with Karl Korinek , Michael Holoubek (ed.): Commentary on Austrian Federal Constitutional Law. Springer, Vienna from 1999.
  • Administrative criminal law and “ne bis in idem”. In: FS Dittrich, 2000, p. 809.
  • University teacher service law 2001. Manz, Vienna 2001. ISBN 978-3-214-00426-2 .
  • Les recours individuels devant la Cour constitutionnelle en droit constitutionnel austria. In: Cahiers du Conseil Constitutionnel, 2001/10, p. 82.
  • The present day meaning of a general administrative law. In: Clemens Jabloner , Heinz Mayer , Wolfgang Pesendorfer (eds.): 125 years of the Administrative Court . Austrian Administrative Law Day 2001. 2002, p. 39.
  • Outsourcing Limits. Manz, Vienna 2003, ISBN 978-3-214-10943-1 .
  • together with Heinz Mayer (Ed.): Commentary on the University Act 2002. Manz, Vienna from 2003.
  • together with Heinz Mayer (Ed.): Commentary on EUV and AEUV . Manz, Vienna from 2003.
  • Relations between the Constitutional Court and the other courts, including the European judicial bodies. In: EuGRZ, 2004, p. 27.
  • State liability requirements. In: Staatshaftung, ÖJK (Ed.), Vienna 2004, p. 7.
  • European Ombudsman Institutions. A comparative law study on the diverse implementation of an idea. Springer, Vienna / New York 2008, ISBN 978-3-7046-5914-9 . ( European Ombudsman Institutions and their Legal Basis. Springer, Vienna / New York 2008, ISBN 978-3-7046-5915-6 .)
  • The disciplinary right of officials. (= Springer's handbooks of law.) 4th edition, Springer, Vienna / New York 2010, ISBN 3-211-78500-0 .
  • together with Clemens Jabloner , Gerhard Muzak : On the practical value of the method. Festschrift Heinz Mayer for his 65th birthday. Manz, Vienna 2011, ISBN 978-3-214-00699-0 .
  • The Ombudsman as a "National Preventive Mechanism". In: ÖJZ 2013/107, issue 20, October 2013, ISSN  0029-9251 , pp. 913–921 ( full text online , PDF 160 kB; January 30, 2014).
  • The General Structures of Fundamental Rights. In: Detlef Merten , Hans-Jürgen Papier (ed.), Et al .: Handbuch der Grundrechte. Volume VII / 1, 2nd edition, CF Müller, Heidelberg 2014, ISBN 978-3-8114-4424-9 .
  • together with Detlef Merten, Hans-Jürgen Papier (ed.): Handbuch der Grundrechte. Fundamental rights in Austria. 2nd edition, MANZ, Vienna 2014, ISBN 978-3-214-13311-5 .
  • together with Heinz Mayer, Karl Stöger : Outline of the Austrian Federal Constitutional Law. 11th edition, Manz, Vienna 2015, ISBN 3-214-08890-4 .

literature

  • Karin Pollack: Portrait of the Month: Well done. Gabriele Kucsko-Stadlmayer. In: RECHTAKTUELL # 07/08, July / August 2015, Manz intern, Vienna 2015.
  • Bendedict Kommenda: “Compulsory German during breaks violates privacy”. Interview with Gabriele Kucsko-Stadlmayer. In: Die Presse , Rechtspanorama, November 2, 2015, pp. 13-14.

Web links

Commons : Gabriele Kucsko-Stadlmayer  - Collection of images, videos and audio files

Individual evidence

  1. ↑ a b c d e f g Karin Pollack: Portrait of the month: rightly successful. Gabriele Kucsko-Stadlmayer. ( Full text online (PDF 48.9 kB) , uploaded on July 6, 2015, accessed on July 6, 2016.)
  2. ↑ See list of publications .
  3. ^ Constitutional lawyer Gabriele Kucsko-Stadlmayr becomes chairwoman of the Senate of the University of Vienna. In: Recht.Extrajournal.Net: The news portal on law in Austria and CEE, Lindeonline (publisher), May 29, 2013, accessed on July 6, 2016.
  4. ↑ New spokesperson for the Senate Chairperson: No division of responsibility for the universities. In: OTS press release of the University of Vienna, October 28, 2013, accessed on July 6, 2016.
  5. ↑ APA , red .: Gabriele Kucsko-Stadlmayer appointed to the Science Council. In: myScience.at, July 7, 2015, accessed on July 6, 2016.
  6. ↑ Our advisory board: Advisory board members: Univ.-Prof. Dr. Gabriele Kucsko-Stadlmayer ( Memento from 7 July 2016 in the Internet Archive ) on the website of the European Law Students' Association (ELSA) , undated.
  7. ^ Benedikt Kommenda: ECHR: Kucsko-Stadlmayer becomes Austria's judge. In: diePresse.com . April 21, 2015, accessed July 2, 2016 .
  8. ^ APA : Kucsko-Stadlmayer elected as an ECHR member. In: derStandard.at . April 21, 2015, accessed July 2, 2016 .
  9. ↑ Christoph Krenn: Against the logic of the back room. In: Der Standard in the series Commentary of Others, April 23, 2015, accessed July 6, 2016.
  10. ↑ Note: Up to 10th edition: together with Heinz Mayer and Robert Walter .
  11. ↑ Bendedikt Kommenda: “Compulsory German during a break violates privacy”, Interview, 2015: “Gabriele Kucsko-Stadlmayer takes up her position as Austrian judge at the European Court of Human Rights today. She talks to the “press” about mass exodus, integration, freedom of expression and judicial self-criticism. ”( Full text online (PDF 530 kB) , uploaded on November 2, 2015, accessed on July 6, 2016.)
  12. ↑ "The new Austrian judge at the European Court of Human Rights (ECHR), Gabriele Kucsko-Stadlmayer, considers the Dublin asylum rules of the EU to be unsuitable for dealing with the refugee crisis."
personal data
SURNAME Kucsko-Stadlmayer, Gabriele
ALTERNATIVE NAMES Stadlmayer, Gabriele (maiden name)
BRIEF DESCRIPTION Austrian constitutional lawyer, judge at the European Court of Human Rights
DATE OF BIRTH December 19, 1955
PLACE OF BIRTH Vienna