Hermann Heussner

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Hermann Heussner (born March 2, 1926 in Gießen ; † June 18, 1996 ) was a German lawyer , judge at the Federal Social Court and judge at the Federal Constitutional Court .

Life

Heussner came in 1926 as the son of the lawyer and judiciary Dr. iur. Hermann Heussner and his wife Elisabeth, b. Schäfer, born in Giessen. He attended elementary and high school in Kassel and left the latter prematurely in the summer of 1944 with the certificate of maturity, as he was drafted into military service. He became an American prisoner of war, from which he was released in the summer of 1946. His father had died in 1945. After participating in a supplementary school course, he graduated from high school in 1947 and then worked for four months as an employee in the justice administration service. From 1947 to 1950 he studied law at the Philipps University of Marburg and passed his first exam in 1951. In 1953 he was awarded a doctorate in rights with the dissertation The Protection of the Outsider from Coalition Force: A Contribution to the Doctrine of the So-called Negative Freedom of Association . In 1955 he married Gertraud Rübsam. The couple later had two daughters and a son.

After passing the second exam, he was initially accepted into the Hessian judicial service. Between 1955 and 1960 he was a judge at the local and regional courts , then until 1964 as a research assistant at the Federal Social Court . From 1964 to 1969 he worked as a judge at the State Social Court of North Rhine-Westphalia . In 1969 he was appointed judge at the Federal Social Court, where he initially belonged to the 7th Senate, which dealt with issues of labor promotion law. After five years, the Presidency of the 12th Senate he became, in whose jurisdiction legal matters as the compensation payment and the insurance - fell and obligation to contribute.

Heussner (left) is awarded the Federal Cross of Merit by Roman Herzog.

From 1979 to 1989 he was a member of the first senate of the Federal Constitutional Court , to which he was elected on the proposal of the SPD . There he was a reporter for labor law , for the first five years for income tax law and from 1982 for data protection law. In this capacity he prepared including the census judgment and decisions on educational leave laws in Hesse and North Rhine-Westphalia, for temporary workers in the construction industry , for revocation of a pension entitlement to a company pension fund , to protect the ownership of pension rights and entitlements to unemployment benefits before. He gave four dissenting votes from, including the decisions on nuclear power plant in Mülheim-Kärlich , for unrestricted obligation to provide information by the debtor in bankruptcy , the labor law status of freelancers of broadcasters and the termination of the insurance relationship after 20 Pension Adjustment Act and the Health Insurance Cost Containment Act .

The anecdote has been handed down that he ridiculed proposals to protect the building of the Federal Constitutional Court after the German autumn with a moat against terrorist attacks with the words "But then also with crocodiles." Upon request, he resigned for health reasons before the end of his twelve-year term of office. On the occasion of his retirement he was honored with the Great Cross of Merit with Star and Shoulder Ribbon of the Federal Republic of Germany . He died after a long illness at the age of 70.

Heußner had been a lecturer in social law at the University of Gießen since 1973 , which appointed him honorary professor in 1977. He was one of the editors of the legal journals Vierteljahresschrift for social law and data processing law . During his time at the Federal Social Court and the Federal Constitutional Court, he played a significant role in the development of legal information systems , especially juris .

literature

  • Alexander Gagel : Hermann Heussner †. In: Arbeit und Recht 1996, p. 398.
  • Walter Habel (Ed.): Who is Who ?: The German Who's Who. 31st edition 1992/93. Schmidt-Römhild, Lübeck 1992, p. 563.
  • Roman Herzog: Welcome from the judges Seibert, Dr. Kühling and Winter as well as farewell to the judges Dr. Niemeyer, Prof. Heussner and carriers. Speech of December 18, 1989. In: Europäische Grundrechte-Zeitschrift 1989, pp. 552–555 (p. 554).
  • Hermann Heussner: The protection of the outsider from a coalition pressure. A contribution to the doctrine of the so-called negative freedom of association. Dissertation, Marburg 1953, self-written curriculum vitae on p. 91.
  • Federal constitutional judge a. D. Prof. Dr. Hermann Heussner died on June 18, 1996 at the age of 70. In: Recht der Datenverarbeitung 1996, p. 210.

Web links

Individual evidence

  1. ↑ Sebastian Knoppik: Political origin of constitutional judges and decision-making practice in the Federal Republic. Master's thesis at the University of Hanover, 2004, p. 84.
  2. ^ Rolf Lamprecht: Judges versus judges. Differing opinions and their significance for the legal culture. Nomos Verlag, Baden-Baden 1992, ISBN 3-7890-2599-2 , p. 352.
  3. ↑ BVerfGE 53, 30 - Mülheim-Kärlich (Rn. 74–113, with Helmut Simon ).
  4. ↑ BVErfGE 56, 37 [52-54].
  5. ↑ BVerfGE 59, 231 - Freelancers (Rn. 89-92).
  6. ↑ BVerfGE 71, 1 [17-23] (with Gisela Niemeyer ).
  7. ↑ Claus Donath: Breakdowns and crocodiles. Court anecdotes from Karlsruhe. In: Stuttgarter Zeitung. April 25, 2002, p. 6. ( online ( Memento of September 8, 2005 in the Internet Archive ))
  8. ↑ Peter Badura , Horst Dreier (ed.): Festschrift 50 years of the Federal Constitutional Court. Volume 2. Mohr Siebeck, Tübingen 2001, ISBN 978-3-16-147627-3 , p. 924.
  9. ↑ Quarterly journal for social law, Volume 9. J. Schweitzer Verlag, Munich 1981. ( Beginning online )
personal data
SURNAME Heussner, Hermann
BRIEF DESCRIPTION German lawyer, judge at the Federal Social Court and the Federal Constitutional Court
DATE OF BIRTH March 2, 1926
PLACE OF BIRTH to water
DATE OF DEATH June 18, 1996