Matthias Herdegen

from Wikipedia, the free encyclopedia

Matthias Herdegen (born March 2, 1957 in Schwarzenbach am Wald ) is a German lawyer . He is director of the Institute for Public Law and Director at the Institute for International Law and a member of the Center for European Business Law at the Rheinische Friedrich-Wilhelms-Universität in Bonn .

Life and education

Herdegen went to school in Hof an der Saale , Bamberg and Karlsruhe and, while still at school, won a prize from the Alfred Toepfer Foundation FVS for a text on the subject of La pensée française et l'héritage historique ( French thinking and historical heritage ).

From 1976 to 1981 he studied law at the Ruprecht-Karls-Universität Heidelberg and the University of Cambridge and graduated in 1981 with the first state examination. In 1983 he was in Heidelberg summa cum laude to the Dr. iur utr. received his doctorate and passed the second state examination in law in 1985. In the same year he became a research fellow at the Max Planck Institute for Comparative Public Law and International Law , Heidelberg, specializing in international arbitration, British and French law.

He has been a member of the CDU since 1986 .

In 1989 Herdegen completed his habilitation in Heidelberg with the thesis Freedom of Conscience and Normativity of Positive Law , which was honored with a special prize from the Federal Ministry of Science. He was awarded the venia legendi for the areas of German and foreign public law , international law and European law.

In October 2018, Herdegen announced that he would run for party chairmanship against Angela Merkel at the CDU federal party conference in December 2018 . He said: “I think the majority of the party is longing for a programmatic renewal. But it is the same as with many other great shocks: what we are seeing now, these warning signs in Kiel are only harbingers of major shifts, which either find their answer within the CDU itself, by renewing itself in terms of content and personnel, or by giving them a response this renewal is forced by the voters under very bad conditions. ”In November he withdrew the application.

Academic positions

Herdegen became Professor of Public Law at the University of Bonn in 1990 and was appointed full professor at the University of Konstanz in 1991 , and in 1995 again in Bonn, where he has been teaching public law and international law ever since. Herdegen was Vice President of the University of Bonn from 1999 to 2004 .

He is director at the International Latin America Center at the University of Bonn and honorary professor at the Pontifical University of Javeriana in Bogotá , Colombia .

Herdegen was visiting professor at the University of Paris I Panthéon-Sorbonne and at the Global Law School Program of New York University as well as the Universidad Nacional Autónoma de México , the Universidad del Rosario, Bogotá, Colombia, the Universidad del Norte, Barranquilla , Colombia, the Pontifical University Comillas, Madrid , Tel Aviv University , and Professor at the Center for German and European Law at Warsaw University . He turned down calls to St. Gallen and Basel . He is an honorary doctor from the University of La Gran Colombia and the Pontifical University of Xaveriana .

Herdegen had several students, including Thilo Rensmann and Tade Spranger .

Areas of activity

Herdegen repeatedly represented the Federal Republic of Germany before the European Court of Justice and the Federal Government before the Federal Constitutional Court .

His areas of expertise are:

Herdegen, together with the former Federal President and President of the Federal Constitutional Court Roman Herzog, is the managing editor and co-author of the standard work on the Maunz / Dürig Basic Law .

Herdegen was a member of the 6th Advisory Board of the Federal Academy for Security Policy from September 2012 to September 2015 .


Herdegen's new comment on Article 1 of the Basic Law ("Human dignity is inviolable. It is the duty of all state power to respect and protect it") in February 2003 was criticized . In contrast to the naturalistic view, Herdegen wants to identify core and peripheral areas in human dignity . Only the core area cannot be weighed up. Ernst-Wolfgang Böckenförde accused him of having made an "epoch break" compared to the previous interpretation, which comes from Günter Dürig and is known as the object formula . For Dürig, human dignity is "moral value", "pre-positive foundation", "natural law anchor" of the Basic Law and its image of man. Herdegen is degrading it to a “constitutional norm on the same level”. Not only jurists but also philosophers and moral theologians took part in the extensive discussion about the normative content of human dignity.

Herdegen subsequently adapted his comment in 2005. Herdegen now writes that the claim to human dignity only results from an evaluative overall view. Otherwise, protection must be limited to persecution for racial and ethnic reasons - "or the strict ban on any dignity-relevant interference stifles the state organs' ability to act". He makes new statements in particular on the so-called “ rescue torture ”, for which he sees “no satisfactory solution”. On the other hand, "a relativization of the prohibition of torture [...] would leave little of a completely unconsidered core of dignity". If necessary, the protection of high-ranking legal interests must be taken into account in the legal consequences .

The Federal Constitutional Court had however this view in its decision on the constitutionality of the controversial Aviation Security Act is not connected and follows the opinion as a result Dürigs that people would certainly not allow a degradation of man to the object. But that is the case if, in the event of an aircraft attack, people become mathematical variables and the shooting down of the aircraft depends on the balance. Herdegen revised his text again in March 2006 and states on the judgment of the BVerfG: "This striking verdict only provides a sparse reason for the violation of personal respect and needs to be nuanced before generalization."

Herdegen sees the migration pact as a case of soft law and stated that “international treaties are interpreted by courts in the light of non-binding documents”.

Works (selection)

  • The liability of the European Economic Community for incorrect legislative acts , Duncker & Humblot, Berlin / Munich 1983 (Writings on International Law, Vol. 29; also Diss.iur. Heidelberg)
  • Freedom of conscience and normativity of positive law , Springer, Berlin / Heidelberg 1989 (contributions to foreign public law and international law, vol. 99)
  • European law , CH Beck, Munich (first edition 1997), 14th edition 2012, 20th edition 2018 ( ISBN 978-3406726194 )
    • Polish edition: Prawo europejskie , Warsaw, 2nd edition 2006;
    • Hungarian edition: Európa JEG , 2005
  • Völkerrecht , CH Beck, Munich (first edition 2000), 17th edition. 2018;
    • Spanish edition: Universidad Autónoma de México , 2005
  • Banking supervision within the European Union , de Gruyter , Berlin 2010 (publications on European and international private, banking and business law, vol. 37)
  • International Business Law , 1st edition 1993, 11th edition 2017 ( ISBN 978-3406702822 )
  • The Struggle for World Order: A Strategic Consideration . Beck 2018, ISBN 978-3406732881 .

Web links

Individual evidence

  1. a b Deutschlandfunk: “The CDU longs for a programmatic renewal” , October 8, 2018
  2. ^ Website of the University of Bonn. Retrieved November 15, 2019.
  3. Professor at the Law Faculty of the Technical University of Dresden: Curriculum Vitae Prof. Dr. Thilo Rensmann, LL.M. ( Memento from August 17, 2012 in the Internet Archive )
  4. ^ Uni Bonn, Institute for Science and Ethics: Spranger's curriculum vitae ( Memento from October 24, 2009 in the Internet Archive )
  5. Federal Academy for Security Policy: New Advisory Board for the BAKS ( Memento from January 5, 2013 in the web archive )
  6. Ernst-Wolfgang Böckenförde, Human dignity was inviolable , in: FAZ of September 3, 2003, pp. 33, 35.
  7. Rosemarie Will , Human Dignity: Between Promise and Excessive Demand , in: Fredrik Roggan (Ed.), With Right for Human Dignity and Constitutional State - Festgabe für Dr. Burkhard Hirsch , Berliner Wissenschafts-Verlag, Berlin 2006, (online: Human Dignity ( Memento from June 10, 2007 in the Internet Archive ))
  8. Johannes Reiter , Human Dignity as a Standard , in: From Politics and Contemporary History , B 23-24 / 2004, Federal Center for Political Education, Bonn, ISSN  0479-611X
  9. Herdegen, in: Maunz / Dürig, Basic Law , Art. 1 Para. 1, Rn 45 (as of March 2006)
  10. Reinhard Müller, The new commentary in “Maunz / Dürig” , in: FAZ of April 29, 2005, p. 2.
  11. BVerfG, judgment of February 15, 2006 (Az. 1 BvR 357/05)
  12. Herdegen, in: Maunz / Dürig, Basic Law , Art. 1 Para. 1, Rn 90 (as of March 2006)
  14. Florian Meinel: Review ( March 1, 2019)