Gustav Kaniak

Gustav Kaniak (born July 30, 1907 in Trebitsch , Margraviate Moravia , † July 3, 1993 ) was an Austrian lawyer and judge . Kaniak was a member of the Austrian Constitutional Court from 1957 to 1977 and from 1950 to 1972 Hofrat and finally President of the Senate at the Administrative Court .

Career

Gustav Kaniak was born in the Moravian town of Trebitsch (today Třebíč , Czech Republic) and grew up in St. Pölten in Lower Austria . He graduated from the Stiftsgymnasium Melk in 1927 and then began studying law at the University of Vienna . Kaniak received his doctorate in law ( Dr. iur. ) In 1932 at their law faculty . In the same year he became a trainee lawyer in Vienna.

In 1936, Gustav Kaniak was appointed judge in the ordinary courts and initially worked as such in St. Pölten. His judicial activity was interrupted, however, when he was called up for military service in the German Wehrmacht . In the course of the hostilities of the Second World War he was finally taken prisoner of war , from which he returned in 1946. In that year he resumed his judicial activity at the St. Pölten District Court . In 1947 he was accepted into the service of the constitutional service in the Federal Chancellery to create a draft for an official liability law , where he subsequently also wrote a detailed commentary on official liability. In 1948 Kaniak also worked as the editor of the first edition of the large Manz edition of the criminal law, which he was subsequently responsible for up to the sixth edition in 1969.

Gustav Kaniak applied to the Administrative Court in 1950. In 1968 he was appointed President of the Senate at this Supreme Court, which he remained until his retirement in 1972. In addition, on January 15, 1955, he was initially appointed a substitute member of the Constitutional Court, and two years later he was appointed a full member of the Constitutional Court. Kaniak was a member of the Constitutional Court until 1977, when he reached the age limit of 70 years.

literature

• Rudolf Machacek : Dr. Gustav Kaniak - 80 years . In: Anwaltsblatt (AnwBl) . No. 11/1987 , p. 596-597 .

Individual evidence

1. ↑ ^{a b c d} Rudolf Machacek : Dr. Gustav Kaniak - 80 years . In: Anwaltsblatt (AnwBl) . No. 11/1987 , p. 596-597 .
2. ↑ ^{a b c} Kurt Heller : The Constitutional Court. The development of constitutional jurisdiction in Austria from the beginning to the present . Verlag Österreich , Vienna 2010, ISBN 978-3-7046-5495-3 , chapter short biographies of the members and substitute members of the Constitutional Court 1945-2010 , p. 636 .