Karl Albrecht Schachtschneider

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Karl Albrecht Schachtschneider (born July 11, 1940 in Hütten near Gellin , Pomerania ) is a German constitutional law teacher who is active in the spectrum of the New Right . Until his retirement in 2005, he was Professor of Public Law at the University of Erlangen-Nuremberg . He is a member of the board of trustees of the AfD- affiliated Desiderius Erasmus Foundation and is counted among the inner circle of the right-wing extremist campaign project One Percent for our country .

Life

After graduating from a humanistic grammar school in Berlin in 1960, Schachtschneider studied law in Berlin , Bonn and Tübingen . In 1964 he passed the first state examination and in 1969 the second state examination in law in Berlin. He was then in 1969 when Karl August Bettermann at the Free University Berlin with the dissertation by the Court of Federal Constitutional Court in federal-state disputes to Dr. jur. PhD . In 1986 he qualified as a professor for state, administrative and private and public commercial law at the University of Hamburg with a thesis on state companies and private law. Critique of fiscal theory , exemplified by § 1 UWG .

From 1969 to 1980 he worked as a lawyer in Berlin . From 1972 to 1978 he was also Professor of Economics at the Berlin University of Applied Sciences (evening course) and from 1978 to 1989 Professor of Business Law at the University of Hamburg. In 1989 he took over the chair for public law at the University of Erlangen-Nuremberg and retired in 2005.

Schachtschneider is married and has one daughter.

Legal theory

Schachtschneider develops, teaches and represents a doctrine of freedom, law and the state based on human dignity , based on Immanuel Kant's doctrine of freedom and the ideas of the European Enlightenment . He describes the democratic republic as the only form of government in which people can find and implement the right, that is, “the right thing for the good life of all in general freedom on the basis of truth”. Law is therefore the laws that the constitutional citizenship (the people who have made up a state in order to live together under their own legal laws ) in the realization of the autonomy of the will itself. In legal doctrine, Schachtschneider's doctrine stands in opposition to the dogmatics of domination that is usually represented by the dogmatization of law on the basis of freedom as "independence from another necessary arbitrariness".

Michael Anderheiden criticizes Schachtschneider's doctrine of the republic of 1994: This subordinates the democratic principle of the German constitution to the republic principle and this to the moral law of Immanuel Kant, so that parliamentarians only have to vote on what is recognized as correct by the moral law. According to Anderheiden, this teaching by Schachtschneider is incompatible with the constitutional understanding of democracy and has totalitarian consequences. Uwe Volkmann criticizes the fact that Schachtschneider rejects the forms of opinion and will-formation envisaged by the Basic Law, including freedom of assembly , the need for political parties and proportional representation , as “democratic ideology” and “non-republican”. He follows an elitist principle of “best selection”. Felix Ekardt criticizes the anti-social consequences of Schachtschneider's legal theory.

Constitutional Complaints

As a complainant, Schachtschneider submitted a large number of constitutional complaints to the German Federal Constitutional Court . This did not accept most of the procedures or rejected the complaints; Schachtschneider was only partially right in the Lisbon judgment . Schachtschneider himself, however, saw other constitutional complaints as partial successes, as they would have brought progress and changes in the case law with them. In the Maastricht ruling , for example, the Federal Constitutional Court found that the democratic legitimation of the legislation of the European Union was essentially provided by the national parliaments, which Schachtschneider himself referred to in the Lisbon procedure.

Criticism of the European Economic and Monetary Union

In 1992, on behalf of Manfred Brunner , Schachtschneider lodged a constitutional complaint against the 1992 law approving the Maastricht Treaty , which established the European Economic and Monetary Union . In the Maastricht ruling , the Constitutional Court partially dismissed and partially rejected the complaint.

In 1998 Schachtschneider, together with economists Wilhelm Hankel , Wilhelm Nölling and Joachim Starbatty, unsuccessfully raised another constitutional complaint against the decision to introduce the euro . During the euro crisis in 2010, Schachtschneider declared the euro to have "failed".

In 2005, on behalf of Peter Gauweiler , Schachtschneider brought two new constitutional complaints against the German act of consent to the EU constitutional treaty, each in connection with an organ dispute . While the Federal Constitutional Court partly rejected the first complaint and partly not accepted it for decision, it dropped the second proceedings because the constitutional treaty had not entered into force after its failed ratification in France and the Netherlands.

After the Treaty of Lisbon replaced the failed constitutional treaty and adopted most of its provisions, Schachtschneider, on behalf of Peter Gauweiler, again filed a constitutional complaint in 2008 in connection with an organ dispute against the Consent Act and the accompanying law. Because of differences of opinion about Schachtschneider's right to comment publicly on the matter, Gauweiler withdrew his mandate and handed it over to the lawyers Dietrich Murswiek and Wolf-Rüdiger Bub . These represented the application written by Schachtschneider before the Federal Constitutional Court. However, he had filed his own constitutional complaint independently of Gauweiler. The Lisbon ruling ultimately rejected the organ dispute proceedings, but upheld the constitutional complaint against the accompanying law.

On October 23, 2008, on behalf of an interest group, Schachtschneider filed an individual complaint against Austria's accession to the EU in 1995, which the Austrian Constitutional Court rejected.

On May 7, 2010, Schachtschneider, Starbatty, Nölling and Hankel as well as the former Thyssen boss Dieter Spethmann filed a constitutional complaint against the Monetary Union Financial Stability Act , which regulated German aid payments in the fight against the Greek national debt crisis in 2009/2010 . In their opinion, the grants violate EU law, in particular the no-bailout clause in Art. 125 TFEU . The Federal Constitutional Court rejected the urgent application for an interim order; an oral hearing took place on July 5, 2011. This and another constitutional complaint of June 29, 2012 against the continuation of the euro rescue policy by amending Art. 136 TFEU ​​were rejected by the Federal Constitutional Court; However, the contract could only be signed under conditions that limited Germany's liability under international law.

“One percent for our country”: refugee crisis from 2015

End of January 2016 was Schachtschneider in a press conference, the federal government to force a constitutional complaint, "to safeguard against the illegal entry of foreigners" the German borders. The opening of the border during the refugee crisis in Germany from 2015 should be classified as a violation of applicable law. He also called for the suspension of Chancellor Angela Merkel and Vice Chancellor Sigmar Gabriel . The complaint was rejected at the beginning of March 2016 without a reason. He was supported with his constitutional complaint by the citizens' initiative “ One percent for our country ”. Schachtschneider is described in various media as a co-founder or supporter of the citizens' initiative “One percent for our country”. Also Volker Weiß counts Schachtschneider next to the AfD politician Hans-Thomas Tillschneider and the new right journalists Götz Kubitschek and Jürgen Elsässer to the "inner circle [of] a network [s] extremely right-wing politicians and activists" of the one percent movement .

Others

Schachtschneider submitted - also as the authorized representative of various complainants - further constitutional complaints to the German Federal Constitutional Court, including one against the judgment of the Federal Court of Justice of October 26, 1993 on the old debt claim against an LPG , which was rejected in 1997. In 1995 and 1996 there were constitutional complaints against the judgment of the Bavarian Supreme Court of November 28, 1994 for compensation for expropriation and against the rulings of the Federal Court of Justice of November 21, 1995 and February 13, 1996 for an old debt claim against an acquired VEB . The Federal Constitutional Court did not accept another constitutional complaint against the decision of the Federal Court of Justice of October 2, 1997 regarding a fund adjustment. Also in 1997 followed a constitutional complaint against a judgment of the Federal Court of Justice of November 7, 1997 due to a corporate transformation.

In 1998 Schachtschneider filed a constitutional complaint against Section 4 of the Transplantation Act , which the Federal Constitutional Court did not accept for decision. In the constitutional complaint against the CETA free trade agreement , he also acted as one of the complainants' representatives.

Political activity

Schachtschneider was a member of the SPD , the CDU as well as a founding member of the small party Bund Freie Bürger , founded in 1994 , of which he was deputy federal chairman. In the 1994 European elections , he took second place on the list. The BFB received 1.1 percent of the vote and did not gain any mandates. After six months, he said he resigned. During this time he was one of the "foreign friends of the Haider-FPÖ". In 2014 he appeared together with Thilo Sarrazin in an FPÖ advertising film . He is also an advisor to the FPÖ spin-off BZÖ and was appointed to its "solution team" by club chairman Josef Bucher .

In public he appears primarily as a critic of the European integration process. He sees the EU Charter of Fundamental Rights as an “undemocratic octroi” and warned that it could enable the reintroduction of the death penalty . This was one of the contents of his constitutional complaint against the Treaty of Lisbon , which the Lisbon judgment did not take up.

Anton Maegerle criticized Schachtschneider's activities in right-wing populist and right-wing extremist groups and parties in the SPD-related information portal Blick nach Rechts . Among other things, he mentioned his appearances on March 10, 2009 at an event organized by the pro Cologne citizens' movement , on January 30, 2009 at a congress of the FPÖ, as an expert in the Saxon state parliament at the invitation of the NPD, as a speaker at the Weikersheim study center , at a summer academy of Young freedom readership , at a congress organized by the association to promote psychological knowledge of human nature and appearances alongside right-wing extremists at various fraternities as well as an article by Schachtschneider in the right-wing extremist magazine Die Aula 2006. Maegerle assesses Schachtschneider as a “border crosser between right-wing populism and right-wing radicalism”.

In September 2011, the magazine Cicero reported on an appearance by Schachtschneider in Berlin organized by the magazine Compact . For Schachtschneider, Europe is moving "towards a dictatorship". The media are not a suitable opposition, only Junge Freiheit is still independent. The author Petra Sorge judged: "Although many of his arguments could also be put forward by left-wing critics of Europe, Schachtschneider's sympathies with the right-wing fringe are obvious".

Since 2011, Schachtschneider has been a member of the presidium of the Christian-conservative study center Weikersheim , according to his own account, alongside Harald Seubert and Jost Bauch , which, however , is viewed by critics as a network of the New Right . He is a consultant at the New Right Institute for State Policy .

Schachtschneider was one of the 68 main illustrators of the Euro-critical election alternative 2013 and supports the party Alternative for Germany that emerged from it, but without being a member. Together with Wolfgang Berger , Eva Herman , Helmut F. Kaplan , Alec A. Schaerer , Sousan Safaverdi , Franz Streibl , Michael Friedrich Vogt , Tilmann Wick , he is a member of the scientific advisory board of the so-called knowledge factory of the interest critic and conspiracy theorist Andreas Popp.

In March 2018, the AfD- affiliated Desiderius Erasmus Foundation announced that it had appointed Schachtschneider to the foundation's board of trustees.

Regarding the AfD donation scandal, Schachtschneider said in November 2018 that the late reporting of the illegal donation from Switzerland was neither negligent nor intentional.

In September 2019 he was one of about 100 constitutional law teachers who, with the open appeal for the right to vote, Downsized the Bundestag! turned to the German Bundestag .

Award

  • 2015: "Hiltrud Schröter Freedom Prize", Pax Europe

Fonts (selection)

  • The legal process to the Federal Constitutional Court in federal-state disputes . Faculty of Law at the Free University of Berlin [West]. Partial pressure. Berlin [West] 1969, XXX S., pp. 119-184 (dissertation of July 8, 1969).
  • The social principle. On its position in the constitutional system of the Basic Law . 1974
  • State company and private law. Critique of fiscal theory, exemplified by § 1 UWG . Walter de Gruyter, Berlin 1986, ISBN 3-11-010141-6 ( habilitation thesis ).
  • Res publica res populi. Foundation of a general doctrine of the republic. A contribution to freedom, law and state theory . Duncker and Humblot, Berlin 1994, ISBN 3-428-08124-2 .
  • with the assistance of Olaf Gast: Socialist Debt after the Revolution. Criticism of the old debt policy. A contribution to the doctrine of right and wrong , Duncker and Humblot, Berlin 1996.
  • with Wilhelm Hankel , Wilhelm Nölling and Joachim Starbatty : The Euro lawsuit. Why the monetary union must fail . Rowohlt Taschenbuch, Reinbek bei Hamburg 1998, ISBN 3-499-22395-3
  • with Angelika Emmerich-Fritsche : Law of Contract Doctors of the Social Code V , 1999
  • with Richard Fuchs: Donate what doesn't belong to us. The Transplant Act and the Constitutional Lawsuit . Rotbuch Verlag, Hamburg 1999, ISBN 3-434-53042-8
  • with Wilhelm Hankel, Wilhelm Nölling, Joachim Starbatty: The Euro Illusion. Can Europe still be saved? . Rowohlt Taschenbuch, Reinbek bei Hamburg 2001, ISBN 3-499-23085-2
  • with the collaboration of Angelika Emmerich-Fritsche, Dagmar I. Siebold, Peter Wollenschläger: Introduction to economic administrative law . 2001/2002
  • with Wilhelm Hankel and Angelika Emmerich-Fritsche: Revolution in health insurance. Principles, theses and law . Hansebuch Verlag, Hamburg 2002, ISBN 3-934880-05-3 .
  • with contributions by Wilhelm Hankel, Angelika Emmerich-Fritsche, Andreas G. Scherer , Dagmar I. Siebold, Udo Wartha: Rechtsfragen der Weltwirtschaft . Duncker and Humblot, Berlin 2002, ISBN 3-428-10799-3 .
  • Case studies on public commercial law . 4th ed., Chair for Public Law, Nuremberg 2005.
  • Tax constitutional problems of the company splitting and the hidden profit distribution. Legal principles versus court practice . Duncker and Humblot, Berlin 2004
  • The right to material privatization. Using the example of state and municipal surveying in Bavaria . Duncker and Humblot, Berlin 2005, ISBN 3-428-11026-9 .
  • Principles of the rule of law . Duncker and Humblot, Berlin 2006, ISBN 3-428-12206-2 .
  • Freedom in the republic . Duncker & Humblot, Berlin 2007, ISBN 978-3-428-12343-8 .
  • Limits to religious freedom using the example of Islam . Duncker & Humblot, Berlin 2010, ISBN 3-428-13505-9 .
  • May Allah be great - in his sphere , Focus 11/2011
  • System deficiencies in democracy and market economy . Duncker and Humblot, Berlin 2011, special print from: Speyer University of Applied Sciences' series of publications
  • The illegality of the euro bailout policy. A coup of the political class. Kopp, Rottenburg 2011, ISBN 978-3-86445-002-0 .
  • The sovereignty of Germany. He who is free is sovereign. Kopp, Rottenburg 2012, ISBN 978-3-86445-043-3 .
  • Sovereignty. Foundation of a liberal doctrine of sovereignty. Duncker & Humblot, Berlin 2015, ISBN 978-3-428-14683-3
  • Reminder of the law. Essays on politics of our day. Kopp, Rottenburg 2015, ISBN 978-3-86445-272-7 .

literature

  • Dagmar I. Siebold, Angelika Emmerich-Fritsche (ed.): Freedom - Law - State. A collection of articles on the occasion of Karl Albrecht Schachtschneider's 65th birthday. Duncker & Humblot, Berlin 2005, ISBN 3-428-11920-7 .
  • Franz C. Mayer: Poetry and Truth in the European Constitutional Discourse - Comments on the contribution by KA Schachtschneider. In: Leviathan . Volume 36 (2008), number 4, pp. 477-489, doi: 10.1007 / s11578-008-0028-8 .
  • Georg Geismann : Human rights, the state and material justice. In: Yearbook for Law and Ethics. Vol. 3 (1995), pp. 213-234 ( online (PDF; 63 kB); against Karl Albrecht Schachtschneider and Paul Kirchhof).

Web links

Wikiquote: Karl Albrecht Schachtschneider  - Quotes

Individual evidence

  1. ^ Vita - Karl A. Schachtschneider. Retrieved March 3, 2018 (German).
  2. ↑ Prof. Dr. iur. Karl Albrecht Schachtschneider - Vita ( Memento from May 7, 2016 in the Internet Archive ), accessed on May 27, 2016; uni.kurier / aktuell der Friedrich-Alexander-Universität Erlangen-Nürnberg 59 / December 2005 ( Memento from June 10, 2015 in the Internet Archive ), 12th year, p. 17 (Personalia), accessed on June 10, 2015.
  3. ↑ Michael Anderheiden : Common good in the republic and union. Mohr Siebeck, Tübingen 2006, ISBN 3-161-48732-X , p. 266 f.
  4. ^ Uwe Volkmann: Solidarity: Program and Principle of the Constitution , Mohr / Siebeck, Tübingen 1998, ISBN 3-161-47026-5 , p. 365.
  5. ↑ Felix Ekardt: Future in freedom: a theory of justice, basic rights and political control - at the same time a foundation of sustainability. Schleussig-Verlag, 2004, ISBN 3-000-13301-1 , p. 184 and fn. 419.
  6. ↑ BVerfG, decision of March 31, Az. 2 BvR 50/98, full text .
  7. ^ Karl Albrecht Schachtschneider ( Federal Agency for Political Education / bpb): The euro has failed
  8. ↑ BVerfG, decision of April 28, 2005, Az. 2 BvR 636/05 full text ; BVerfG, decision of October 13, 2010, Az. 2 BvR 839/05 full text .
  9. ↑ Press release from Peter Gauweiler: Federal Constitutional Court: No ratification of the EU constitution in the foreseeable future ( Memento from September 1, 2009 in the Internet Archive ) (PDF; 22 kB)
  10. ↑ BVerfGE, decision of June 30, 2009, Az. 2 BvE 2/08, 2 BvE 5/08, 2 BvR 1010/08, 2 BvR 1022/08, 2 BvR 1259/08, 2 BvR 182/09, full text .
  11. ↑ BVerfG, judgment of June 30, 2009, Az. 2 BvE 2/08, 2 BvE 5/08, 2 BvR 1010/08, 2 BvR 1022/08, 2 BvR 1259/08, 2 BvR 182/09, full text .
  12. ^ EU Treaties: Constitutional lawsuit against Austria's EU membership on Die Presse, October 23, 2008; Schachtschneider's application (pdf)
  13. ↑ Constitutional Court, decision of March 11, 2009, full text (PDF; 42 kB).
  14. ↑ "Euro rebels" file suit. In: n-tv , July 5, 2010.
  15. ↑ Tagesschau (ARD), September 5, 2010: Billions in loans for Greece; Constitutional Court rejects urgent application
  16. ↑ BVerfG. Press release 37/2011, hearing on aid to Greece
  17. ^ Jan Hildebrand, Miriam Hollstein, Dorothea Siems: Permanent rescue package threatens delay. In: Die Welt , July 2, 2012.
  18. ↑ Joachim Jahn : Constitutional judges allow the ESM and the Fiscal Compact with conditions. In: Frankfurter Allgemeine Zeitung , September 12, 2012.
  19. ↑ Constitutional complaint State lawyer complains against refugee policy , Deutschlandfunk , February 4, 2016.
  20. ^ NGO for rights in Germany , taz, January 22, 2016, accessed on August 9, 2019; THE »ONE PERCENT« RESEARCH NETWORK , der rechts rand, issue 169 - November 2017, accessed on August 9, 2019; Die Wutmacher , Zeit Online , March 13, 2019, accessed on August 9, 2019.
  21. ↑ Weiß, Volker: The authoritarian revolt: The New Right and the Fall of the Occident , Klett-Cotta, 2017, p. 24.
  22. ^ BGH, judgment of October 26, 1993, Az.XI ZR 222/92, full text .
  23. ↑ BVerfG, judgment of April 28, 1997, Az. 1 BvR 48/94, BVerfGE 95, 267
  24. ↑ BVerfG, Az. 1 BvR 49/95, 1 BvR 2678/95
  25. ↑ BayObLG, judgment of November 28, 1994, Az. 1Z RR 470/93
  26. ↑ BVerfG, decision of July 27, 2000, Az. 1 BvR 2218/97, full text .
  27. ^ BGH, judgment of November 7, 1997, Az.BLw 26/97.
  28. ↑ BVerfG, Az. 1 BvR 2503/97.
  29. ↑ BVerfGE, decision of February 18, 1999, Az. 1 BvR 2156/98, full text
  30. ^ A b Foundation Documentation Archive of the Austrian Resistance (Ed.): Handbook of Austrian Right-Wing Extremism . Deuticke, Vienna 1994, ISBN 3-216-30099-4 , p. 396.
  31. ↑ Christian Rath: Four against the rest of the EU. Well-known processors use the Athens help for the new appearance . In: Badische Zeitung , May 8, 2010.
  32. ↑ Election to the 4th European Parliament on June 12, 1994 ( memento from September 23, 2015 in the Internet Archive ), bundeswahlleiter.de, accessed on March 20, 2016.
  33. ↑ FPÖ advertising film with Thilo Sarrazin on “Democracy under Pressure” , derStandard.at, May 16, 2014.
  34. ↑ Günther Lachmann : Schachtschneider gives up candidacy for AfD . In: Die Welt , January 7, 2014.
  35. ^ Günther Lachmann: Violent turbulence in regional associations of the AfD . In: Die Welt , December 3, 2013.
  36. ^ Karl Albrecht Schachtschneider (bpb): A Charter of Fundamental Rights for the European Union
  37. ^ Karl Albrecht Schachtschneider: A state without legitimation. In: Die Welt , March 27, 2007.
  38. ^ Anton Maegerle: On the right astray - constitutional lawyer on lecture tours. (Looking to the right, March 19, 2009), accessed October 6, 2010.
  39. ^ A b Petra Sorge: A Euro Rebel in Karlsruhe. September 6, 2011, archived from the original on June 11, 2013 ; Retrieved March 29, 2013 .
  40. ↑ Höcke at the new right congress "Rush to Europe" . Look to the right. 15th September 2015.
  41. ↑ Alternative option 2013: Founder and main draftsman . nd Archived from the original on January 27, 2013. Retrieved September 20, 2012.
  42. ↑ Die Alternative für Deutschland is supported by ( Memento from January 7, 2015 in the Internet Archive ), AfD, accessed on April 3, 2013.
  43. ↑ Frida Thurm: The very own world of the Monday demonstrators , Zeit-Online, accessed on June 23, 2019
  44. ↑ Contact - Wissensmanufaktur .
  45. ↑ Desiderius Erasmus Foundation names first members of the Board of Trustees - Erasmus Foundation. Retrieved on March 21, 2018 (German).
  46. ↑ https://www.suedkurier.de/ueberregional/politik/Warum-der-Spendensumpf-der-AfD-immer-tiefer-wird;art410924,9961375
  47. ↑ Call for the right to vote: "Verkleinert den Bundestag" , open letter from September 20, 2019 in Die Welt .
personal data
SURNAME Schachtschneider, Karl Albrecht
BRIEF DESCRIPTION German constitutional lawyer and political activist
DATE OF BIRTH July 11, 1940
PLACE OF BIRTH Huts near Gellin