Hellmuth Loening

Hellmuth Loening (born July 6, 1891 in Jena , † May 19, 1978 in Bad Godesberg ) was a German lawyer and temporarily president of the Jena Higher Administrative Court and chairman of the Senate at the Münster Higher Administrative Court .

Life

Hellmuth Loening was born on July 6, 1891 in Jena as the son of the well-known Jena criminal law professor Richard Loening . Hellmuth Loening's paternal grandfather was the well-known publisher Karl Friedrich Loening . Loening's original desire to study music was not allowed by his father, so he began to study law in Heidelberg in 1909 , which he completed in Jena in 1912 with the first state examination. His legal clerkship was interrupted by the First World War, in which he participated as a lieutenant in the reserve. However, he remained time to 1918 with the thesis The acquisition of property on movable property by assignment of the claim for the non-owner in Jena to the Dr. jur. to get a doctorate . In 1920 Loening was able to complete his legal preparatory service with the second state examination.

In 1921 he got his first job as district commissioner at the Apolda district directorate, but in the same year was appointed to the government council in the interior ministry of the newly founded state of Thuringia . Minister of the Interior at that time was August Frölich . Loening subsequently worked primarily in the field of police law and was involved in various legislative projects. In 1926 he was appointed senior administrative judge at the Jena Higher Administrative Court. After the seizure of power by the National Socialists Loening remained true in his office, but was on account of his Jewish ancestors and its distance exposed to Nazism disadvantages. Nevertheless, he survived the end of the war unscathed in Jena. Shortly after the installation of the SMAD state administration used Thuringia under Rudolf Paul Loening began to shape the new legislation in Thuringia significantly the state administration on behalf of the country's president as a part-time employed head of the legislative department. In doing so, he advocated a comprehensive reconstruction of the administrative judiciary and worked out an amendment to the state administrative order of 1930. As a result of this early legislative activity in administrative law, Thuringia was the first state in all four occupation zones to initiate the establishment of a higher administrative court . This was finally opened in Jena on June 22, 1946, and Hellmuth Loening was appointed president. Under his presidency, the OVG Jena developed into an instance based on the rule of law, which was rather untypical for the Soviet Zone , which was able to guarantee astonishingly effective administrative legal protection and was able to defend the citizen again and again against arbitrary actions by the administrations. In the administrative jurisdiction of the Soviet Occupation Zone / GDR, which had developed rather rudimentary until 1952, the OVG Jena held an exceptional position, not least through Loening, at least until 1948. Inevitably, Loening came more and more into conflict with the SED- dominated administration of the Soviet Zone. After a new regulation of the administrative jurisdiction in October 1948, he preferred to flee to North Rhine-Westphalia . Loening quickly found his way back into the legal business. In 1949 he was first appointed President of the Minden Administrative Court. In 1952 his request was granted and Loening moved to the OVG Münster, where he was chairman of the Senate until his retirement in 1959.

Loening died at the age of 86 in Bad Godesberg.

plant

During his studies, Loening met the soon-to-be leading administrative lawyer, Walter Jellinek , who had a decisive influence on his basic legal views. Loening made a name for himself through numerous publications during the Weimar Republic, especially on the Thuringian constitutional and administrative law . Particularly noteworthy is a commentary on the Thuringian constitution, which was published for the third time in 1926. In the Federal Republic of Germany Loening worked as a co-editor of the trade journals Kommunale Steuerzeitschrift and Archive of Public Law and as the author of numerous legal specialist articles. In 1970 he was co-author of a commentary on the municipal tax law of the state of North Rhine-Westphalia of October 21, 1969

Honors

• 1961 Big Federal Cross of Merit

literature

• Herbert Kreft: Hellmuth Loening † . In: Archives of Public Law 104 (1979) 1, pp. 135–136 ( Digisites ).
• Thomas Heil: The administrative courts in Thuringia 1945-1952 , 1996, p. 279f. ISBN 3161466373