Heribert Shepherd

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Heribert Hirte (2020)
Video presentation (2014)

Heribert Hirte (born March 31, 1958 in Cologne ) is professor of law at the University of Hamburg and there executive director of the seminar for commercial , shipping and economic law . In addition, he was the only CDU candidate from Cologne to win a direct mandate for the German Bundestag in the Cologne II constituency in the 2013 federal election . He successfully defended this in the 2017 federal election .

academic career

After attending the Catholic elementary school in Cologne-Gartenstadt Nord and the Dreikönigsgymnasium in Cologne , he began studying law in 1977 at the University of Cologne , which he completed with the first state examination . He spent the academic year 1979/1980 in Switzerland at the Université de Lausanne .

After completing his studies, he completed his legal clerkship at the Cologne Regional Court in 1984, including stints at the German University of Administrative Sciences in Speyer and Milan. In 1985 he received his doctorate from the University of Cologne and in 1988/1989 gained further experience at the University of California, Berkeley as part of an LL.M. Program.

In 1994 he completed his habilitation with a thesis on professional liability and followed a call to the Friedrich Schiller University in Jena in 1993/1994 . Since the summer semester of 2000 he has held his chair at the University of Hamburg, where he was the managing director of the seminar for commercial, shipping and business law. He has been represented at the chair since his election to the Bundestag in 2013. From 1999 to 2004 he was also a professor at the Center Universitaire de Luxembourg . In 2001 he was visiting professor at Dōshisha University in Kyōto and at Korea University in Seoul .

Since the winter semester 2003/2004 he has been a member of the Collegio dei docenti des Dottorato di ricerca in Diritto dell'Impresa at the Luigi Bocconi University of Economics in Milan (whose rector is Mario Monti ) and has been a permanent guest professor there since 2006.

From 1995 to 2000 he was a deputy member of the Thuringian Constitutional Court .

Scientific focus

Research focuses on commercial law , company law , insolvency law , capital market law and comparative law .

In his teaching, he mainly works in the areas of private law , commercial law, corporate law and comparative law. In order to give the students an insight into actual legal practice, he has been holding a seminar at the BGH in Karlsruhe for several semesters together with judge at the Federal Court of Justice Lutz Strohn .

Academic offices

Heribert Hirte has been a member of the board of the German-American Lawyers Association (DAJV) since 1994 and has been its deputy chairman since March 1999. From 1996 to 2000 he was a founding board member of the Thuringian working group for corporate and insolvency law and its chairman from May 1999 to March 2001. From 2005 to 2009 was a board member of the European Law Faculties Association (ELFA), from 2006 to 2007 its deputy chairman and from 2007 to 2008 its chairman.

Heribert Hirte was a member of the editorial team of the Zeitschrift für Unternehmens- und Unternehmensrecht (ZGR) from January 1997 to November 2017 and co-editor of the journal from 2001 to 2017. He was also the managing editor of the European Company and Financial Law Review (ECFR) from 2004 to 2017. He was expelled from both magazines in November 2017 after a dispute with the other publishers. Incidentally, he has been co-editor of the magazine for all insolvency law (ZInsO) since 1998 . Since 2002 he has also been a member of the Advisory Board of the European Business Organization Law Review (EBOR).

politics

Viewpoints and statements

  • "Many questions cannot be reduced to simple yes-no alternatives."
  • "Bologna model" is "trivializing German university education on the lowest common European denominator."
  • "Put manager remuneration in the hands of the shareholders."
  • “Of course # Article13 - which also protects the user. Platforms should agree on licenses with artists. If this does not succeed, #Copyright reform will now create ways for a fair balance between platforms and creatives #Internal property "
  • "Only that I have more followers than you ..." [sic!]

Political activities

Heribert Hirte in the German Bundestag, 2019

Heribert Hirte was already active in the Junge Union Junkersdorf (formerly the community of Lövenich) as a teenager . For a long time he has also been involved in the Federal Working Group of Christian Democratic Lawyers as an assessor on the board and is the local chairman of the CDU Cologne in the local association 24 - Sürth .

On December 12, 2012, Heribert Hirte was elected CDU direct candidate for the constituency of Cologne II (south and west) with 89 votes (around 57% of the votes) in the first ballot with three opposing candidates. He succeeds Michael Paul , who, as a previous constituency member, refrained from running again for family reasons. On the state list he was listed at position 55 out of 63 direct candidates.

As a Member of the German Bundestag's Heribert Hirte Chairman of the Subcommittee European Law and full member of the Committee on Legal Affairs and Consumer Protection and the Committee on the Affairs of the European Union . He is also a deputy member of the Finance Committee .

He is one of the 75 members of the Union who voted for same-sex marriage at the end of June 2017 .

In the 2017 federal election, he again won the direct mandate in the Cologne II constituency.

Committee on Legal Affairs and Consumer Protection

Heribert Hirte is a full member of the Legal Committee as well as the Chairman of the European Law sub-committee. In the legal committee he is the rapporteur of the CDU / CSU parliamentary group for questions of company and commercial law and especially insolvency law . He is also responsible for changes in legal training. Hirte took over the provisional chairmanship of the legal committee in November 2019 after the previous chairman Stephan Brander was voted out by the majority of the committee.

Committee on European Union Affairs

Heribert Hirte is rapporteur on the European Committee for transatlantic and trade relations of the European Union ( free trade agreement , WTO ). Reporting on CETA and TTIP falls within his area of ​​responsibility, where he is particularly concerned with the areas of investment protection agreements and arbitration. He is also responsible for questions relating to the European Court of Justice and looks after the infringement proceedings with the participation of the Federal Republic of Germany for the CDU / CSU parliamentary group . He reports on this in the working group Europe on questions of (European) tax law and questions on economic and monetary union (EMU) . He is also responsible for reporting for Belgium, Luxembourg and the Netherlands.

Functions in the CDU / CSU parliamentary group

Stephen circle

Heribert Hirte has been chairman of the Stephanus group since March 2014. This interdenominational discussion forum within the CDU / CSU parliamentary group advocates tolerance and religious freedom and has dedicated itself to the situation of persecuted Christians all over the world. He calls for "development aid to be linked to religious freedom". Development aid contracts should only be concluded with countries that guarantee religious freedom.

Middle class parliamentary group

Heribert Hirte is responsible for the legal committee's questions on the board of the SME parliamentary group of the CDU / CSU parliamentary group. The parliamentary group for medium-sized companies is committed to the interests of small and medium-sized companies. In this respect, it is the parliamentary counterpart to the Mittelstands- und Wirtschaftsvereinigung (MIT) of the CDU.

Further memberships in committees of the German Bundestag and the CDU / CSU parliamentary group

Heribert Hirte is a member of the German-Italian and German-Belgian-Luxembourg parliamentary groups as well as the US parliamentary group. He is also active in the parliamentary groups for aerospace and inland shipping. He is also involved within the parliamentary group in the aircraft noise working group organized by the Mainz MP Ursula Groden-Kranich .

Heribert Hirte has been a member of the Franco-German Parliamentary Assembly since 2019 .

criticism

In February 2018, the Süddeutsche Zeitung reported on alleged discrepancies in the board elections in Hirtes Heimat-Ortsverband in Cologne-Sürth. On the one hand, voting secrecy was not observed, on the other hand, new members who did not live in Sürth took part in the election. Both complaints were dismissed as unfounded by the party court of the Cologne CDU. The judges are convinced that there were no violations of the statutes of the CDU Cologne or of any overriding legal principles. Shepherd called the decision "as expected" because the allegations were baseless. In June 2020, the then plaintiff, Hans-Josef Küpper, was expelled from the CDU parliamentary group in the Rodenkirchen district council after it became known that he was running on the list of free voters in the 2020 local elections. In addition, Hirte declared that anyone acting in the interests of the political opponent would harm his party and could not remain a member. Küpper anticipated a party exclusion procedure by leaving the party.

Private

He is married and has a son and a daughter who are also politically active. He has lived in Cologne-Sürth since 1991 .

Publications

Monographs

  • Exclusion of subscription rights and group formation. Protection of minorities when interfering with the shareholding structure of stock corporations , treatises on German and European commercial and economic law, Cologne, Berlin, Bonn, Munich, 1986
  • Heribert Hirte / Ulrich Fritsch, Reduction of the nominal value of the share , Arbeitskreis Aktien eV, Düsseldorf 1990
  • Access to legal sources and legal literature , Cologne, Berlin, Bonn, Munich, 1991
  • Professional liability. A contribution to the development of a uniform liability model for services , publications of the Institute for Labor and Business Law of the University of Cologne, 1996
  • Paths to a European civil law , Jenaer Schriften zum Recht (Volume 10), Stuttgart 1996
  • The simplified capital reduction at the GmbH , ADIUVAT in itinere Volume III., Hamburg 1997
  • Corporation law , 8th edition, Cologne 2016

Comments

  • Sections 207 - 220 AktG in: Hopt / Wiedemann (Ed.), Large Commentary on the Stock Corporation Act , 4th edition, Berlin, New York, 1999
  • Sections 202 - 206 AktG in: Hopt / Wiedemann (Ed.), Large Commentary on the Stock Corporation Act , 4th edition, Berlin, New York, 2001
  • Sections 10 - 12, 15, 26 paragraph 3, 84, 92, 93, 129 - 147, partly Sections 35 and 39 InsO in: Uhlenbruck (Ed.), Insolvenzordnung. Commentary , 12th edition Munich 2003
  • Introduction, §§ 10, 20, 27, 28, 33 in: Hirte / v. Bülow (Ed.), Cologne Commentary on the Securities Acquisition and Takeover Act , Cologne, Berlin, Bonn, Munich 2003

Published publications (excerpt)

  • Heribert Hirte / Rolf Wank / Kaspar Frey / Holger Fleischer / Gregor Thüsing (eds.), Festschrift for Herbert Wiedemann on his 70th birthday , Munich 2002
  • Heribert Hirte / Hans Haarmeyer / Hans-Peter Kirchhof / Friedrich Graf von Westphahlen, fault - liability - enforcement - insolvency, commemorative publication for Gerhart Kreft on his 65th birthday , Recklinghausen 2004
  • Heribert Hirte / Georg Crezelius / Klaus Vieweg (eds.), Festschrift for Volker Röhricht on his 65th birthday. Corporate Law - Accounting - Sports Law , Cologne 2005

Assessment

In the past, Heribert Hirte was often a consultant for the German Bundestag. a. ordered for the following topics:

  • Draft law for the promotion of equal participation of women and men in management bodies (GlTeilhG); Draft law by the parliamentary group of the SPD for a law to promote equal opportunities for men and women in business enterprises (January 16, 2013).
  • Draft law to further facilitate corporate restructuring (ESUG) (June 29, 2011).
  • Draft law for the restructuring and orderly liquidation of credit institutions, the establishment of a restructuring fund for credit institutions and the extension of the statute of limitations for corporate liability (Restructuring Act) (October 6, 2010).

Web links

Commons : Heribert Hirte  - Collection of images, videos and audio files

Individual evidence

  1. ^ The Federal Returning Officer : Results Cologne II - The Federal Returning Officer. Retrieved November 24, 2017 .
  2. ^ LTO: From the chair to the Bundestag: Heribert Hirte . In: Legal Tribune Online . ( lto.de [accessed on November 23, 2017]).
  3. ↑ https://www.jura.uni-hamburg.de/die-fakultaet/habenverzeichnis/hirte-heribert.html
  4. ↑ Neue Juristische Wochenschrift aktuell, http://rsw.beck.de/cms/?toc=njw.root&docid=396144 .
  5. ↑ a b c Joachim Jahn: Heribert Hirte: The part-time politician. In: Frankfurter Allgemeine Zeitung. December 26, 2012, accessed May 31, 2015 .
  6. ↑ Thematic flyer on manager remuneration ( Memento from May 2, 2013 in the web archive archive.today )
  7. ^ Position of EU copyright reform
  8. ^ Argument on Twitter about copyright
  9. ↑ Homepage of the BACDJ, accessed on April 11, 2013, 12:11 pm ( Memento from July 3, 2014 in the Internet Archive )
  10. ^ Homepage of the CDU Sürth ( memento from October 2, 2013 in the Internet Archive ), accessed on April 11, 2013, 12:11.
  11. ↑ Cologne CDU sets further course Kölnische Rundschau of December 13, 2012
  12. ↑ Archive link ( Memento from September 11, 2014 in the Internet Archive ) CDU NRW state list for the 2013 federal election.
  13. ↑ DW: Marriage for everyone: which MPs voted for and which voted against. In: welt.de . June 30, 2017. Retrieved October 7, 2018 .
  14. ↑ German Bundestag - Prof. Dr. Heribert Shepherd . In: German Bundestag . ( bundestag.de [accessed on November 23, 2017]).
  15. ↑ a b c Heribert Hirte: curriculum vitae (German). (PDF 11 KB) In: heribert-hirte.de. October 20, 2014, accessed May 31, 2015 .
  16. ↑ DER SPIEGEL: Stephan Brandner: Legal Committee dismisses AfD politicians as chairman - DER SPIEGEL - politics. Retrieved February 25, 2020 .
  17. ↑ https://www.cducsu.de/fraktion/stephanuskreis
  18. ↑ Stephanuskreis Demand: Link development aid to religious freedom idea, April 1, 2015, accessed on June 2, 2015
  19. ↑ https://www.cducsu.de/fraktion/parlamentskreis-mittelstand
  20. ↑ http://www.bundestag.de/bundestag/europa_internationales/parlamentariangruppen/allgemein/244832
  21. ^ Christian Wernicke Cologne: There is a lot of rumor in the Cologne CDU . In: sueddeutsche.de . February 4, 2018, ISSN  0174-4917 ( sueddeutsche.de [accessed on March 27, 2019]).
  22. ^ A b Philipp Haaser: Party court rejects lawsuits from Sürth . In: Kölner Stadt-Anzeiger . Cologne March 17, 2018, p. 28 . , ZDB -ID 974398-4
  23. ↑ Heribert Hirte: Opinion on the judgment of the OV dispute. March 27, 2018, accessed September 20, 2019 .
  24. ↑ Ulrike Süsser: CDU man changes to free voters . In: Kölner Stadt-Anzeiger . July 2, 2020, p. 31 .
  25. ↑ Küpper is to leave the CDU parliamentary group . In: Kölnische Rundschau . June 17, 2020, p. 27 .
  26. ^ Opinion on the draft law of the parliamentary group of the SPD and the parliamentary group BÜNDNIS 90 / DIE GRÜNEN of a law to promote equal participation of women and men in management bodies (GlTeilhG) (BT-Drucks. 17/11139) 1 and the draft law of the SPD parliamentary group of a law on Promotion of equal opportunities for men and women in business enterprises (PDF; 194 kB)
  27. ^ Opinion on the government draft of a law to introduce a partnership with limited professional liability and to change the professional law of lawyers, patent attorneys, tax advisors and auditors (BT-Drucks. 17/10487) for the German Bundestag (PDF; 153 kB)
  28. ↑ Opinion on the government draft of a law to further facilitate the restructuring of companies (ESUG) (BT-Drucks. 17/5712) and on the motion of MPs Christine Scheel, Ingrid Hönlinger, Fritz Kuhn, other MPs and the parliamentary group BÜNDNIS 90 / DIE GRÜNEN " Submit insolvency law reform immediately - Strengthen out-of-court restructuring procedures - Make insolvency plan procedures more attractive "(BT- Drucks. 17/2008) for the German Bundestag (PDF; 507 kB)
  29. ↑ Opinion on the government draft of a law on the restructuring and orderly resolution of credit institutions, on the establishment of a restructuring fund for credit institutions and on the extension of the statute of limitations for corporate liability (restructuring law) for the German Bundestag (PDF; 103 kB)
personal data
SURNAME Shepherd, Heribert
BRIEF DESCRIPTION German lawyer and university professor, Member of the Bundestag
DATE OF BIRTH March 31, 1958
PLACE OF BIRTH Cologne