Michael Gerhardt

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Michael Gerhardt (born April 2, 1948 in Erlangen ) is a German lawyer and former judge at the Federal Administrative Court and the Federal Constitutional Court .

Life

Careers in administration and administrative justice

Gerhardt was born in 1948 as the son of an economist, who was most recently a member of the Management Board of Siemens AG , and a housewife. After graduating from high school, he began studying chemistry , but then switched to law . He passed his two state exams in 1972 and 1975. In 1976 he did his doctorate at the University of Munich on The Coalition Act: Constitutional considerations on the new regulation of the law of trade unions and employers' associations to become a Dr. iur.

A year later he became a civil servant in the government of Upper Bavaria . From 1978 to 1979 Gerhardt worked as a research assistant at the Federal Administrative Court , from 1979 to 1982 in the Bavarian State Ministry of the Interior , which was then headed by Gerold Tandler . From 1982 to 1984 he worked at the Freising District Office , then until 1986 he was seconded to the Federal Constitutional Court as a research assistant . Here he was assigned to the judge Otto Seidl in the first senate.

In 1986 Gerhardt was appointed judge at the Bavarian Administrative Court in Munich . In the following years he was u. a. dealt with procedures for the Wackersdorf reprocessing plant , Munich Airport and federal motorway 99 . In 1996 he was appointed judge at the Federal Administrative Court. There he belonged to the 1st , 11th and 6th revision senate .

Judge of the Federal Constitutional Court

On July 31, 2003, Gerhardt succeeded Bertold Sommer as a member of the second senate of the Federal Constitutional Court, after he was elected by the Bundestag on July 3, 2003 on the proposal of the SPD . He himself does not belong to any party. As rapporteur, he was primarily responsible for proceedings relating to the right of asylum and residence, and in later years he was also given the right to party and vote . In this function, Gerhardt prepared, among other things, the decisions on the legislative competence for tuition fees , the right to stay for foreign children, the constitutional admissibility of overhang mandates and negative voting weight in federal elections and the three percent hurdle in European elections .

He gave a separate vote on twelve decisions . These include the judgments on subsequent preventive detention , the junior professorship , the European arrest warrant and the salary of the professors. He also wrote a dissenting opinion on the decision to suspend the proceedings on the European Central Bank's OMT program and to refer questions about its legality to the European Court of Justice for a preliminary ruling.

As rapporteur, he was initially responsible for the second NPD ban proceedings. In the spring of 2014, he applied for early retirement for personal reasons. Actually, his term of office would not have ended until July 2015. He stepped down from the court on July 15, 2014.

Gerhardt was considered a liberal judge and an independent spirit. For him, taking risks is part of freedom. This can be seen, for example, in his special vote on preventive detention, in which, in contrast to the majority of the Senate, he spoke out in favor of the nullity of the relevant laws instead of their temporary continued application.

Private

Gerhardt is non-denominational. He has two children from his first marriage, which was divorced.

literature

  • International Biographical Archive 50/2008 of December 9, 2008
  • Reinhard Müller: constitutional judge Gerhardt. Independent mind. In: Frankfurter Allgemeine Zeitung of December 3, 2013 ( online )

Web links

Individual evidence

  1. ↑ Dissertation University of Munich 1976 ( DNB 770714307 ).
  2. ↑ Eberhard Schmidt-Aßmann (et al.) (Ed.): Declaration 50 years of the Federal Administrative Court. Heymann, Cologne et al. 2003, ISBN 978-3-452-24052-1 , p. 1173.
  3. ^ Müller, FAZ of December 3, 2013.
  4. ↑ BVerfGE 112, 226 - tuition fees
  5. ↑ BVerfGE 114, 357 - Residence permit
  6. ↑ BVerfGE 131, 316 - Land lists
  7. ↑ 2 BvE 2/13 u. a. dated February 26, 2014
  8. ↑ BVerfGE 109, 190 - Subsequent preventive detention (Rn. 190–210, together with Broß and Osterloh )
  9. ↑ BVerfGE 111, 226 - Junior Professorship (Rn. 154-184, together with Osterloh and Lübbe-Wolff )
  10. ↑ BVerfGE 113, 273 - European arrest warrant (Rn. 184-201)
  11. ↑ 2 BvL 4/10 (Rn. 189–196)
  12. ↑ 2 BvR 2728/13 et al
  13. ^ Müller, FAZ of December 3, 2013.
  14. ↑ Stefan Geiger: Change in Karlsruhe: A constitutional judge wants to go. In: Stuttgarter Zeitung . May 5, 2014, accessed May 6, 2014 .
  15. ↑ Brief portraits of the judges of the Second Senate , Deutsche Welle, August 25, 2005.
  16. ^ Müller, FAZ of December 3, 2013.
  17. ^ Deutsche Welle of August 25, 2005.
  18. ^ Müller, FAZ of December 3, 2013; Sueddeutsche.de from April 19, 2008.
  19. ↑ International Biographical Archive 50/2008.
personal data
SURNAME Gerhardt, Michael
BRIEF DESCRIPTION German lawyer, judge at the Federal Administrative Court and the Federal Constitutional Court
DATE OF BIRTH April 2, 1948
PLACE OF BIRTH gain