Herbert Schambeck

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Herbert Schambeck (born July 12, 1934 in Baden (Lower Austria) ) is an Austrian legal scholar and politician ( ÖVP ). He was President of the Austrian Federal Council in 1988, 1992 and 1997.

Live and act

Schambeck studied law at the University of Vienna . In 1958 he was promoted to Dr. iur. PhD . After his court year he became an assistant in 1959 and a lecturer in 1964 at the University of Vienna. In 1965 he became legal counsel in the scientific department of the Federal Chamber of Commerce in Vienna.

In 1966 Schambeck was appointed associate professor at the Leopold Franzens University in Innsbruck . In 1967 he completed a visiting professor in the United States at the University of Notre Dame in South Bend (Indiana) and received in the same year his reputation as a university professor in the Department of Public Law, Political Science and Philosophy of Law at today's Johannes Kepler University Linz . In 2002 he retired . He has given guest lectures at numerous universities around the world.

As a representative of the federal state of Lower Austria, Schambeck belonged to the Bundesrat , the regional chamber of the Austrian parliament , from 1969 to 1997 , from 1975 to his voluntary resignation by resigning on June 30, 1997 in presidential functions and as chairman of the ÖVP parliamentary group.

Shame Beck was a member of the Federal Executive and the Lower Austria party executive of the ÖVP, main district party chairman of the ÖVP Baden, Member of the Board of ÖAAB , of the executive committee of the ÖAAB Lower Austria, Chairman of the Federal fraction of the parliamentary group of the Austrian People's Party from 1975 to 1997.

Herbert Schambeck has been a member of the Catholic student union K.Ö.St.V. since 1955. Rudolfina Vienna in the ÖCV . Later he became a member of the KAV Capitolina Rome in the CV . Schambeck has been perceived as a sponsor and possible member of Opus Dei since the 1980s ; In the 2000s, Opus Dei researcher Peter Hertel counted him among the most important members and sympathizers of Opus Dei in Austria , alongside Klaus Küng , Christoph Schönborn and National Council member Vincenz Liechtenstein . Schambeck was able to build up his influence in the Vatican as a result of donations from the Republic of Austria to the Vatican Library , with whose long-time director, the Lower Austrian Salesian Alfons Maria Stickler , he maintained a church-political influence network. According to his own statement, he has been working for the Vatican since 1970 at the invitation of the then Nuncio in Vienna, Opilio Rossi , and took part in numerous international congresses and conferences as its honorary representative. By Pope John Paul II. He was 1993 consultor of the Pontifical Council for the Family called (until 2009) and was a founding member of the Pontifical Academy of Social Sciences . He is often accused of having played a key role in the controversial appointments of very conservative bishops in Austria since the mid-1980s after the end of the era of Archbishop Franz König from Vienna , which he himself vehemently denies. The Austrian pastoral theologian Paul Zulehner still held on to the failed appointment of Gerhard Maria Wagner as auxiliary bishop in Linz in 2009 under Pope Benedict XVI. Schambeck's influence in the background is conceivable.

Schambeck is a member of the academies in Padua , Madrid , Düsseldorf and Milan as well as the Accademia Nazionale dei Lincei in Rome and Gentiluomo di Sua Santità in the Vatican, honorary member (since February 2015, previously full member since January 1994) of the Pontifical Academy for Social Sciences in the Vatican and of the Learned Society of the Czech Republic in Prague and Honorary President of the Austrian Legal Commission. Schambeck received nine honorary doctorates and is honorary professor at the Law University of the Ukrainian Academy of Sciences in Kiev .

Schambeck's list of publications includes over 700 publications in the fields of public law , political science and legal philosophy . One focus of his treatises is the newer constitutional law of Austria , which he presented when he was admitted to the North Rhine-Westphalian Academy of Sciences on June 18, 1986.

Many of his publications deal with fundamental questions of state and law in the context of European integration from a legal-philosophical, in particular natural law perspective, which he has since his first book The Concept of the Nature of Things (1964) in his numerous writings on the social doctrine and the legal understanding of the Roman Catholic Church and its importance for the doctrine of the forms of political organization and social order at the national and international level. His admission lecture on The School of Salamanca and its Significance Today at the Real Academia de Ciencias Morales y Políticas in Madrid in April 1990, in which he tried to rehabilitate virtue as the guiding principle of political action, is perceived as the quintessence of this point of view. First, a student of Adolf Merkl , shame Beck is considered a representative of the natural law universalistic law school of Alfred Verdross , on whose recommendation he mid-1960s for a short time research assistant of Stephan Verosta was. His essay on Alfred Verdross as a legal philosopher and the Viennese school of legal theory (to which Hans Kelsen , Adolf Merkl and Verdross are counted) expresses this affiliation.

Positions in the Federal Council

As a member of the Federal Council from 1969 to 1997, Schambeck held the following positions:

  • Deputy Chairman of the Federal Council 1975–1987
  • Chairman of the Federal Council in 1988
  • Vice President of the Federal Council 1988–1992
  • President of the Federal Council 1992
  • Chairman of the 14th Federal Assembly in 1992
  • Vice President of the Federal Council 1993–1996
  • President of the Federal Council 1997

Honors

Awards (selection)

Fonts (selection)

author
  • The Concept of the Nature of Things , 1964
  • The referendum , 1971
  • Church-State Society , 1967
  • Fundamental rights and social order , 1969
  • On the change of mind of the rule of law , 1970
  • The ministerial responsibility , 1971
  • Judicial Office and Ethics , 1982
  • Ethics and the State , 1986
  • Church, State and Democracy , 1992
  • European integration and Austrian federalism , 1993
  • Law-Faith-State , 1994
  • The Austrian System of Government - A Constitutional Comparison , 1995
  • Government and Control in Austria , 1997
  • Politics and Law , 1999
  • The state and its order , 2002
  • Politics in Theory and Practice , 2004
  • Church Politics and Law , 2013
  • To be and to be, basic questions of the philosophy of law and the state , 2014
  • Contributions to constitutional and European law , 2014
  • From Bologna via Brussels to Lisbon. The way of the law in an integrating Europe , 2016
editor
  • Church and State , 1976
  • Pius XII. in memory , 1977
  • The Austrian Federal Constitutional Law and its Development , 1980
  • Austria parliamentarism - Will and system , 1986
  • Federalism and parliamentarism in Austria , 1993
  • Federal State and Federal Council in Austria , 1997
  • The Viennese school of legal theory, writings by Hans Kelsen, Adolf Merkl and Alfred Verdross edited together with Hans R. Klecatsky and René Marcic †, 1968, 2010

literature

Individual evidence

  1. ^ Brigitte Schliermann: The Catholic Church and Catholic Organizations. In: Mechthild Bock, Theresia Degener, Barbara Ritter, Helga Satzinger u. a. (Authors); Women against § 218 - Nationwide coordination (Ed.): Caution life protectors. The power of the organized anti-abortionists. Konkret-Literatur-Verlag, Hamburg 1991, ISBN 978-3-8945-8107-7 , pp. 11–35, here: p. 26.
  2. ^ Peter Hertel: Creeping takeover. The Opus Dei under Pope Benedict XVI. Publik-Forum Verlag, Oberursel 2007, ISBN 978-3-88095-161-7 , p. 212.
  3. ↑ a b Paul M. Zulehner: dowry. Another kind of autobiography. Patmos Verlag, Ostfildern 2014, ISBN 978-3-8436-0542-7 , pp. 113–116.
  4. ^ Erwin Brunner, Joachim Riedl : The Vatican siege. How the Papal Church wants to discipline Austria again. In: Die Zeit 17/1987 (April 17, 1987), accessed on December 28, 2018.
  5. ↑ Critics happy about Wagner's resignation. In: Der Standard , February 15, 2009, accessed December 28, 2018.
  6. ^ Herbert Schambeck: The Austrian system of government. A constitutional comparison. Updated version: June 1995. Series of publications by the North Rhine-Westphalian Academy of Sciences, Lectures G 337, Westdeutscher Verlag, Opladen 1996. Similar: ders .: La influencia de los instrumentos internacionales de Derechos Humanos en la Constitución austríaca. Un efecto a largo plazo de los principios de Derecho internacional desarrollados por Francisco de Vitoria. In: José María Beneyto , Carmen Román Vaca (Ed.): New Perspectives on Francisco de Vitoria. Does International Law lie at the heart of the origin of the modern world? CEU Ediciones, Madrid 2014, ISBN 978-84-15949-63-3 , chap. 5.
  7. ^ Víctor García Hoz (1911-1998): A contracorriente. In: El Sol (Madrid), June 26, 1990, accessed on December 28, 2018 (Source: Historical Archives of Opus Dei).
  8. ↑ Herbert Schambeck: Alfred Verdross as a legal philosopher and the Viennese school of legal theory. In: Peter Fischer u. a. (Ed.): The world in the field of tension between regionalization and globalization. Festschrift for Heribert Franz Köck, Vienna 2009, ISBN 978-3-7073-1165-5 , pp. 527-542.
  9. ↑ Bruno Simma : Alfred Verdross (1890–1980). In: Peter Häberle , Michael Kilian , Heinrich Amadeus Wolff (ed.): Constitutional law teacher of the 20th century. Germany, Austria, Switzerland. 2nd edition, De Gruyter, Berlin a. a. 2018, ISBN 978-3-11-054145-8 , pp. 417–428 (here: p. 418).
  10. ↑ For the entire paragraph: Heribert Franz Koeck : The Impact of Francisco de Vitoria's International Legal Doctrine Upon the “Vienna School of International Law and Legal Philosophy” of the Twentieth Century. In: José María Beneyto, Carmen Román Vaca (Ed.): New Perspectives on Francisco de Vitoria. Does International Law lie at the heart of the origin of the modern world? CEU Ediciones, Madrid 2014, chap. 4, p. 123 (?)
  11. ↑ a b c d List of all decorations awarded by the Federal President for services to the Republic of Austria from 1952 (PDF; 6.9 MB)

Web links

predecessor Office successor
Helga Hieden-Summer President of the Austrian Federal Council
January 1, 1988 - June 30, 1988 		Erwin Köstler
predecessor Office successor
Dietmar Wedenig President of the Austrian Federal Council
July 1, 1992 - December 31, 1992 		Erich Holzinger
predecessor Office successor
Josef Pfeifer President of the Austrian Federal Council
January 1, 1997 - June 30, 1997 		Günther Hummer
personal data
SURNAME Schambeck, Herbert
BRIEF DESCRIPTION Austrian legal scholar and politician (ÖVP), member of the Federal Council
DATE OF BIRTH July 12, 1934
PLACE OF BIRTH Baden (Lower Austria)