Markus Wiebel

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Markus Wiebel (born June 26, 1942 ) is a doctor of law in Germany and a former judge at the Federal Court of Justice .

Career

Wiebel, who comes from Hamburg, worked after studying law and political science from 1966 to 1971 at the Institute for German and International Tax Law at the Ruprecht-Karls-Universität Heidelberg , where he also received his doctorate. From 1971 to 1974 he worked in law firms, initially in Mannheim and later in Hamburg. This was followed by positions as a judge, until 1976 at the Hamburg District Court , civil departments, and until 1978 at the Hamburg Administrative Court . From 1978 to 1980 he was a research assistant at the Federal Administrative Court , which at the time was based in Berlin. From 1980 he was a member of the then joint Higher Administrative Court for the states of Schleswig-Holstein and Lower Saxony in Lüneburg . 1986 to 1989 he was a research assistant at the Federal Constitutional Court . After his election as judge at the Federal Court of Justice, he was assigned to the 7th Civil Senate responsible for private building law and architectural law , to which he belonged from January 15, 1990 until his retirement on June 30, 2007. He paid particular attention to the constitutional implications not only of substantive law, but also of procedural law. He has endeavored to modernize the court system and was able to play a long-term role in the reform of the revision law, which has been completely revised since 2002. Nationwide fame and high public reputation, but at the same time also the hostility of many judge colleagues, Wiebel acquired through his criticism of the unlawful and unconstitutional handling of the division of business within the highest federal courts. The criticism expressed by Wiebel was later recognized as correct by the United Grand Senates of the Federal Court of Justice and the Federal Constitutional Court and became the basis for a change in the law.

Publications

  • Economic management and legal protection of the business owner under administrative court following the enactment of the Stability Act (dissertation University of Heidelberg ), Kohlhammer , Stuttgart a. a. 1971
  • The division of responsibilities within the Senate at the Federal Court of Justice (civil senate), Betriebs-Berater 1992, 573-575
  • The appointment of the rapporteur. A constitutional consideration on practice in the civil senates of the Federal Court of Justice, Betriebs-Berater 1995, 1197–1200
  • Perspectives of the third power: considerations on the discharge debate and the structures of the administration of justice; Lecture to the Politics and Science Discussion Group of the Research Institute of the Friedrich-Ebert-Stiftung, Bonn, January 16, 1997
  • Efficiency and judicial constitution: The attempt at an approach to the care of the administration of justice, Zeitschrift für Rechtssppolitik (ZRP) 1998, 221–224

Appreciations

  • Rebel at the BGH? Federal judge Markus Wiebel, in: Hans Jürgen Below (Hrsg.): 50 jurists of today, portraits from the series MDR-Briefbrief 1992 to 1996 published in the monthly for German law. Cologne: Verlag Dr. Otto Schmidt , 1996, ISBN 3-504-01801-1 .

Individual evidence

  1. ↑ Press release of the Federal Court of Justice No. 86/2007 of June 29, 2007, available on the Internet at http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=pm&Datum=2007-6&nr=40248&pos = 0 & num = 22
  2. ↑ See Sowada, The legal judge in criminal proceedings, Berlin 2002, ISBN 3-11-017066-3 , p. 385 ff.
personal data
SURNAME Wiebel, Markus
BRIEF DESCRIPTION German lawyer, judge at the Federal Court of Justice
DATE OF BIRTH June 26, 1942