Leopold Werner

Leopold Werner (born September 26, 1905 in Salzburg ; † January 13, 1977 in Vienna ) was an Austrian lawyer , university professor and judge . From 1959 Werner was a full professor for general political theory, constitutional and administrative law at the University of Vienna and from 1947 first court counselor and later senate president at the administrative court . From 1955 to 1975 Leopold Werner was also a member of the Constitutional Court , of which he was Vice President from 1969.

Professional background

Leopold Werner was born on September 26, 1905 in the Salzburg state capital, Salzburg . He graduated from the Law Faculty of the University of Vienna the Study of Law and was in 1929 where the doctor of law ( Dr.iur. ) PhD . After completing his legal practice , Werner joined the City of Vienna's magistrate , where he was mainly involved in building law matters as an administrative lawyer . During the time of National Socialism in Austria , Werner was employed by the successor authority of the Magistrate, the provisional administration of the Reichsgau Vienna , and released from military service due to an accident at work.

After the end of the Nazi era in Austria, shortly after the end of the war in 1945, Leopold Werner was appointed Section Council in the constitutional service of the Federal Chancellery . As such, he played a key role in the re-establishment of the Austrian legal system and the transition of pre -estates law to the Second Republic . Werner then devoted himself to the resulting problems in several legal essays.

Also shortly after the end of the war, namely in August 1945, Leopold Werner completed his habilitation thesis on the subject of railway sovereignty under Ludwig Adamovich at the University of Vienna . He was subsequently qualified as a professor and was initially authorized to teach general administrative theory and Austrian administrative law, and later also for general political theory and constitutional law. At the university, Leopold Werner initially worked as a private lecturer , before he was appointed associate professor in 1951 and then full professor in 1959 .

In 1947, Leopold Werner was appointed court advisor to the Administrative Court, at which point he became the youngest judge at the VwGH at the age of 42. Seven years later, in 1954, Werner was promoted to Senate President at the Administrative Court. In the same year he was appointed as a substitute member of the Constitutional Court by Federal President Theodor Körner on a proposal from the Federal Government . At the end of 1954, on December 4th, he was appointed as a full member of the Constitutional Court to succeed Vitus Schmidt on January 1st, 1955. From 1956 to 1959, Leopold Werner worked at the VfGH as a permanent assistant to the judges' panel.

After he was appointed Vice President of the VfGH on July 16, 1969, again at the proposal of the Federal Government with effect from October 1, 1969, he retired as Senate President at the VwGH at that time. Leopold Werner held the office of VfGH Vice-President until his constitutional resignation on December 31, 1975. A little over a year later, on January 13, 1977, Leopold Werner died at the age of 71.

literature

• Hans R. Klecatsky : Leopold Werner for his 60th birthday . In: Legal papers . 87th year, issue 17/18, 1965, p. 462 .
• Edwin Loebenstein : Leopold Werner † . In: Legal papers . 99th year, issue 5/6, 1977, p. 135 .

Individual evidence

1. ↑ ^{a b} Kurt Heller : The Constitutional Court. The development of constitutional jurisdiction in Austria from the beginning to the present . Verlag Österreich , Vienna 2010, ISBN 978-3-7046-5495-3 , chapter short biographies of the members and substitute members of the Constitutional Court 1945-2010 , p. 654 .
2. ↑ ^{a b} Thomas Olechowski : The administrative court . Ed .: Administrative Court. Verlag Österreich , Vienna 2001, ISBN 3-7046-1689-3 , p. 68-69 .
3. ↑ According to Art. 147 Para. 6 B-VG , the members of the Constitutional Court must resign from office no later than December 31 of the year in which they reach the age of 70.