Hans Spanner

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Hans Spanner (born August 3, 1908 in Graz , † January 26, 1991 in Kiefersfelden ) was an Austrian tax and administrative lawyer .

Life

Spanner was born in Graz in 1908 as the son of a doctorate in law, Johann Anton Spanner , President of the Graz Regional Court for Criminal Matters. He attended the academic high school in his hometown from 1918 to 1926 and studied law at the Karl-Franzens University of Graz and the University of Vienna from 1926 to 1931 . From 1928 to 1930 he passed the first to third state exams. In 1931 he was awarded a Dr. jur. PhD.

He then completed his administrative service at the Styrian governorate in Graz. In 1934 he passed the practical examination for the higher administrative service in Graz. In 1935 he entered the higher administrative service as an aspirant of the political service at the office of the Styrian state government. A year later he became provisional government commissioner in the Styrian state government, in 1936/37 in service in the Federal Chancellery in Vienna.

In 1934 he qualified as a professor for general administrative theory and public administrative law at the University of Graz with the work of legal inventory of erroneous administrative acts and became a private lecturer . He then completed his habilitation in Vienna and, in 1937, succeeded Ludwig Adamovich senior (his teacher) as an associate professor. In the winter semester of 1939 he was a professor at the University of Vienna. He rejected the offer (1944) to succeed Hans von Frisch at the Technical University of Vienna .

In 1940 Spanner joined the NSDAP ; he had "opposed a courtesy qualification from a Nazi lecturer leader for technical reasons and thus made it unpopular with those in power". From 1942 to 1944 he was transferred to the Netherlands , where he became head of the legal department in the General Commissioner for Administration and Justice. In this office he was concerned with the draft of an ordinance on the banishment of Jewish products from cultural life , which contained an expansion of the term Jew in §4 and included Jewish mixed race . He was eventually taken prisoner by the British , from which he returned in 1947. His "state and administrative law work" were "mostly free of political statements or even ideological commitments". It is therefore difficult to classify them.

In 1951 he became a full professor of public law at the University of Graz, despite previous political stress. From 1952 to 1954 he was Dean of the Law Faculty. In 1956 he moved to the University of Erlangen as the successor to Otto Bachof and full professor for constitutional, administrative and international law . There he was a member of the administrative committee. In 1959 he turned down an offer to Berlin. In 1960 he became full professor for public law, in particular public business and tax law at the Ludwig Maximilians University in Munich . There he was dean of the law faculty and dealt in particular with tax law . He turned down calls (1962/63) to the University of Vienna and the University of Salzburg . a. for financial reasons. In 1976 he retired. His academic students included a. Wolfgang Jakob , Wolfgang Knies , Ferdinand O. Kopp and Manfred Zuleeg .

Spanner pursued a right positivist approach in his work throughout his life . He was repeatedly active as a reviewer u. a. Regarding a codification of general administrative law and procedural law for the 43rd German Lawyers' Conference (1960) He also led a. a. the "Road Law Working Committee" of the Road Research Association . He was also the editor of the tax code comment (Hübschmann / Hepp / Spitaler). He was a member of the Association of German Constitutional Law Teachers , the Austrian Association for Administrative and Political Science and the International Political Science Association .

Spanner was baptized and married Catholic.

Awards

Fonts (selection)

  • The incorporation of the Ostmark into the Reich . Hanseatische Verlagsanstalt, Hamburg 1941.
  • Judicial review of laws and regulations. A comparative study of the main task of constitutional jurisdiction . Springer, Vienna 1951.
  • The professional civil servants and the state crises (= publications of the Association of German Constitutional Law Teachers , Issue 13). Reports by Friedrich August von der Heydte , Günter Dürig , Richard Naumann , Hans Spanner and discussion of the reports in the negotiations at the conference of German constitutional law teachers in Tübingen on October 14th and 15th, 1954. de Gruyter, Berlin 1955.
  • (Edit./Erg.): Ludwig Adamovich senior : Handbook of Austrian Constitutional Law (= Law and Political Sciences . 3). 5th edition, Springer, Vienna 1957.
  • Is it advisable to codify the general part of administrative law? Expert opinion for the 43rd German Lawyers' Conference . Mohr (Siebeck), Tübingen 1960.
  • The taxpayer and the Federal Constitutional Court. A systematic presentation of the Federal Constitutional Court's rulings in tax matters (= principles and practice of tax law . Vol. 7). E. Schmidt, Berlin 1967.
  • with Peter Lerche , Hans F. Zacher , Peter Badura , Axel Freiherr von Campenhausen (eds.): Festgabe for Theodor Maunz on his 70th birthday on September 1, 1971 . Beck, Munich 1971, ISBN 3-406-01093-8 .
  • The Supreme Court. Establishment, procedure, tasks (= The scientific pocket book . 28). Goldmann, Munich 1972.
  • (Mithrsg.): Tax law with accounting customers, banking and stock market law (= elective exam . 9). Müller, Juristischer Verlag, Karlsruhe 1975, ISBN 3-8114-0025-8 .

literature

  • Ludwig Adamovich junior : Hans Spanner in memory . JBl 1991, 439.
  • Walter Habel (Ed.): Who is who? The German who's who . 29th edition. Schmidt-Römhild, Lübeck 1990, ISBN 3-7950-2010-7 , 1299.
  • Thomas Olechowski , Tamara Ehs, Kamila Staudigl-Ciechowicz: The Vienna Law and Political Science Faculty 1918–1938 (= writings of the archives of the University of Vienna . Vol. 20). V & R Unipress, Göttingen 2014, ISBN 978-3-89971-985-7 , p. 516 ff.
  • Irmgard Schartner: The constitutional lawyers of the law faculty of the University of Vienna in the "onslaught" of National Socialism. Breaks with continuities . Lang, Frankfurt am Main a. a. 2011, ISBN 978-3-631-60537-0 , p. 309 ff.
  • Michael Stolleis : A solid lawyer. Hans Spanner (1908-1991) . KJ 50, 2017, 107–119
  • Klaus Vogel (Red.): Understanding of fundamental rights and control of norms. A comparison of the legal situation in Austria and Germany (= research from state and law . 49). Colloquium on the 70th birthday of Hans Spanner, Springer, Vienna a. a. 1979, ISBN 3-211-81549-X .
  • Klaus Vogel: Hans Spanner 70 years . AöR 1978, 410.
  • Eva Wedel-Schaper, Christoph Hafner, Astrid Ley (arr.): The professors and lecturers at the Friedrich-Alexander-Universität Erlangen-Nürnberg 1743–1960 . Part 1: Faculty of Theology, Faculty of Law (= Erlangen Research: Special Series . Vol. 5). On behalf of the rector, ed. by Renate Wittern , University Library, Erlangen 1993, ISBN 3-922135-92-7 , p. 172.

Web links

Individual evidence

  1. ↑ a b c d Bernd-Christian Funk : The "Austrian" state (right) doctrine in the National Socialist era: An attempt at a scientific-historical orientation using examples from literature . In: Ulrike Davy , Helmut Fuchs , Herbert Hofmeister , Judit Märte , Ilse Reiter (eds.): National Socialism and Law. Legislation and jurisprudence in Austria under the rule of National Socialism . Wirtschaftsverlag, Vienna 1990, ISBN 3-7007-0058-X , pp. 388–411, here: p. 405.
  2. ↑ Katja Happe, Barbara Lambauer, Clemens Maier-Wolthausen (arr.): The persecution and murder of European Jews by National Socialist Germany 1933–1945 . Volume 12: Western and Northern Europe June 1942–1945 . Edited by Susanne Heim , Ulrich Herbert , Michael Hollmann , Horst Möller , Dieter Pohl , Simone Walther , Andreas Wirsching , De Gruyter Oldenbourg, Berlin 2015, ISBN 978-3-486-71843-0 , pp. 431-432. ( Anne Frank Shoah Library )
  3. ^ A b Michael Stolleis : History of Public Law in Germany . Volume 4: Constitutional and Administrative Law Studies in West and East 1945–1990 . Beck, Munich 2012, ISBN 978-3-406-63203-7 , p. 48.
  4. ^ Deans of the Law Faculty (1827 / 28–1975 / 76) , University of Graz, accessed on September 2, 2015.
  5. ^ Michael Stolleis : History of Public Law in Germany . Volume 4: Constitutional and Administrative Law Studies in West and East 1945–1990 . Beck, Munich 2012, ISBN 978-3-406-63203-7 , pp. 413, 426, 447, 449.
  6. ^ Michael Stolleis : History of Public Law in Germany: Weimar Republic and National Socialism. Special edition, Beck, Munich 2002, ISBN 3-406-48960-5 , p. 270.
  7. ^ Michael Stolleis : History of Public Law in Germany . Volume 4: Constitutional and Administrative Law Studies in West and East 1945–1990 . Beck, Munich 2012, ISBN 978-3-406-63203-7 , p. 258.
  8. ↑ Road Law Working Committee  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , jura.uni-bonn.de, accessed on September 2, 2015.@1@ 2Template: Toter Link / www.jura.uni-bonn.de  
  9. ↑ Klaus Vogel: Hans Spanner 70 years . AöR 1978, 410 (412).
personal data
SURNAME Spanner, Hans
BRIEF DESCRIPTION Austrian tax and administrative lawyer
DATE OF BIRTH August 3, 1908
PLACE OF BIRTH Graz
DATE OF DEATH January 26, 1991
Place of death Kiefersfelden