Georg Froehlich

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Georg Froehlich (born July 17, 1872 in Brno , † September 21, 1939 in Vienna ) was an Austrian legal scholar , lawyer and constitutional judge . He was Vice-President of the Austrian Constitutional Court from 1930 to 1934 and an extraordinary member of the Federal Court of Justice from 1934 to 1938 .

education

Georg Froehlich was born on July 17, 1872 in the Czech city of Brno, which belongs to Austria-Hungary, as the son of a Moravian - Silesian lawyer. He visited in Brno also the first German high school and then moved his residence to the capital and imperial residence city of Vienna to attend the local Law Faculty of the University of Vienna , the study of law to start, which he graduated from the 1894th In 1896 he entered the civil service and was assigned to the Moravian Lieutenancy. On January 18, 1901 Georg Froehlich was the last final exam at the University of Vienna and became the doctor of law doctorate .

Professional background

In 1903 the young administrative lawyer Froehlich was transferred from the Moravian Lieutenancy to the Lower Austrian Financial Procuratorate in Vienna and four years later, in 1907, to the Ministry of National Defense. There he obtained the official title of Section Council on September 20, 1916 . At the beginning of the republic, Georg Froehlich also changed his career. He was accepted into the State Chancellery on November 21, 1918, and was appointed to the (real) Section Council on December 31, 1918. In the State Chancellery he headed the legal department, and from July 1, 1920 he was active as titular ministerial advisor. As such, he played an essential role as an expert in the pre-parliamentary and parliamentary stage in the creation of the Federal Constitutional Law 1920, which is still a central part of the Austrian constitution. Together with two other experts who had significantly contributed to it, Hans Kelsen and Adolf Julius Merkl , he also published the first legal commentary on the B-VG in 1922, which is still considered authoritative among constitutional lawyers today.

With an amendment to the Federal Constitutional Law in 1929, the term of office of the constitutional judges , who had been appointed for life until then, was ended at the end of the year and a new appointment of all members of the Constitutional Court was initiated. This took place under the name “depoliticization” of the constitutional court by the bourgeois government. Georg Froehlich was appointed the new Vice-President of the "depoliticized" Constitutional Court by resolution of the Federal President of February 3, 1930. At the same time, he retired as an administrative officer.

His tenure as Vice-President of the Constitutional Court, like that of all other members, ended in 1934 after the court had been paralyzed by a government ordinance in 1933, which is now known as the "elimination" of the Constitutional Court. With the Constitutional Transitional Act of 1934, which put the authoritarian May Constitution into force, the Constitutional Court finally ceased to exist de jure . As a successor to both the constitutional and administrative courts, a federal court was set up in the May constitution , of which Georg Froehlich was subsequently an associate member. From November 1934 he was the sole reporter for the constitutional senate of the Federal Court of Justice.

When the National Socialists came to power following the annexation of Austria to the National Socialist German Reich in March 1938, Froehlich not only lost his job at the Federal Court of Justice. Since he was of Jewish descent - although he himself had always stated his religious denomination as Roman Catholic - he had to submit a property registration in July 1938 , of which the better pieces were liquidated by the Dorotheum in September 1938 .

Private life

On February 12, 1902, Georg Froehlich married Auguste Mayer, with whom he subsequently had three daughters, born in 1905 and 1912. He lived with his family on Paniglgasse in Vienna's 4th district of Wieden .

Georg Froehlich no longer had to witness the deportation of his wife and one of his daughters to the Theresienstadt concentration camp and the escape of his two other daughters from 1942 onwards, as he died in Vienna on September 21, 1939.

Fröhlich's grave is located in the Vienna Central Cemetery (group 48 B, row G1, number 17, expired 2017).

Awards

literature

Web links

Individual evidence

  1. ↑ Georg Schmitz: Karl Renner's letters from Saint Germain and their legal-political consequences (=  series of publications by the Hans Kelsen Institute . Volume 16 ). Manz'sche publishing and university bookstore , Vienna 1991, ISBN 3-214-06516-5 , p. 136-138 .
  2. ↑ Jabloner: In the service of the Federal Constitution: Georg Froehlich , Vienna 2013, p. 391, footnote 1
  3. ^ Adolf Julius Merkl : The "depoliticized" constitutional court. In: The Austrian Economist . Vienna 1930.
  4. ^ Thomas Zavadil: The elimination of the Constitutional Court in 1933 . Vienna 1997 (diploma thesis in the humanities at the University of Vienna).
  5. ^ Adolf Julius Merkl : The class-authoritarian constitution of Austria. A critical-systematic plan . Springer-Verlag , Vienna 1935.
personal data
SURNAME Happy, Georg
BRIEF DESCRIPTION Austrian constitutional lawyer, judge at the Constitutional Court
DATE OF BIRTH July 17, 1872
PLACE OF BIRTH Brno
DATE OF DEATH September 21, 1939
Place of death Vienna