Rudolph Habsburg-Lothringen

Rudolph Habsburg-Lothringen (born September 5, 1919 in Prangins , Switzerland ; † May 15, 2010 in Brussels ; born Rudolph Syringus Peter Karl Franz Joseph Robert Otto Antonius Maria Pius Benedikt Ignatius Laurentius Justiniani Marcus d'Aviano, Archduke of Austria ) the sixth child of Emperor Karl I of Austria and Zita von Bourbon-Parma .

Life

Rudolph Habsburg-Lothringen (3rd from left) as a child with his siblings

Rudolph, named after the Roman-German King Rudolf I, spent his childhood in exile, including on the island of Madeira . After the father's death in 1922, the family lived in Belgium . Because of the German invasion in 1940 , the family fled to Canada , where Rudolph studied economics in Québec .

According to the Habsburg family , Rudolph Habsburg-Lothringen was sent to Austria on behalf of the US Army under an alias, where he is said to have participated in the Austrian resistance . After the war he worked in Wall Street finance , ran a coffee plantation in the Belgian Congo and became a bank director in Belgium.

On June 22, 1953 he married in Tuxedo Park, New York , the Russian Xenia Sergejewna Czernichew-Besobrasow (born June 11, 1929 in Paris). She was killed on September 20, 1968 in a car accident in Casteau, a town in the Belgian municipality of Soignies , in which her husband Rudolph Habsburg-Lothringen was seriously injured. The couple had four children together. In 1971 he married the German Anna Gabriele Princess von Wrede (* 1940), with whom he had a daughter.

In March 1970, Rudolph Habsburg, representing the Habsburg-Lothringen families in Switzerland, signed the “Agreement on the establishment of a Habsburg family crypt in the Loreto Chapel ” with the Muri church administration in the former Muri monastery in Switzerland. After his mother's death in 1989, he was responsible for organizing her embalming in the Cantonal Hospital of Graubünden and her heart burial in this family crypt.

The grave of Rudolph Habsburg-Lothringen, like that of Xenia and his son Johannes, is in the Habsburg family crypt in the Loreto Chapel of the Muri Monastery, near Habsburg Castle .

Administrative court complaint

In 1979, Habsburg-Lothringen filed a complaint with the Administrative Court (VwGH) regarding the Habsburg law of April 10, 1919. Since he was born as a member of the former ruling Habsburg family after the law had been promulgated, he was exempt from it and would therefore no longer be subject to expulsion from the country even without renouncing the throne.

The VwGH agreed with the complainant in February 1980, and reiterated its position from 1963 in the case of Otto Habsburg-Lothringen , according to which "it is a natural principle of interpretation that an exceptional law that breaks a general legal principle must not be interpreted in an expansive manner" .

literature

Hans Friedrich von Ehrenkrook (ed.): Genealogical manual of the nobility. Volume 100, Starke, Limburg 1991, ISBN 3-7980-0700-4 , p. 99.
Iris Eisenberger (Hrsg.): Norm and norm conception. Festschrift for Bernd-Christian Funk on his 60th birthday. Springer, Vienna / New York 2003, ISBN 978-3-211-40597-0 , p. 209. ( reference in Google Books )
E. Lauterpacht, CJ Greenwood (Ed.): International Law Reports. Cambridge University Press, London 1988, pp. 475ff.

References and comments

↑ ^a ^b ^c Emperor's son Rudolph Habsburg-Lothringen died. In: DiePresse.com , May 25, 2010. Retrieved June 15, 2011.
^ Emperor's son Rudolph Habsburg-Lothringen dead. In: derStandard.at , May 25, 2010. Accessed June 15, 2011.
↑ ^a ^b In Memoriam Archduke Rudolph of Austria. In: Coleurs party and obituary of the K.Ö.L. Leopoldina Vienna , June 2010.
↑ How the Habsburgs came to their final resting place in the Muri monastery. In: Der Freischütz, news from the community of Muri , June 15, 2010.
^ Taken from Zita's heart. In: Vorarlberg Online, July 18, 2011. Retrieved September 6, 2012.
↑ See Lauterpacht / Greenwood 1988, p. 475ff.
↑ VwGH February 11, 1980, 201/79, legal sentence 1 : “After the entry into force of the StGBl No. 209/1919 in the Habsburg-Lothringen family, people born in § 2 of the cit. Law not affected. "
↑ See Eisenberger 2003, p. 209 .: “VwGH February 11, 1980, 201/79 • ZfVB 1981/1/154. Because § 2 HabsburgerG is 'an exception in relation to the constitutional and basic legal order', it must 'in no way be interpreted in an expansive manner'. "
↑ See Eisenberger 2003, p. 209 .: “In his knowledge of the waiver and declaration of loyalty by Otto Habsburg-Lothringen , he [the Administrative Court] took the view that the“ exceptional character ”of the provincial reference would“ not permit an expansive interpretation ” ¹⁶⁵ ", As well as with footnote 165:" VwSlg 6035 / A 1963. Approving Kafka, Der Fall Dr. Otto Habsburg, AÖR 1963, 451 (467), who sees it as the 'strongest argument' of the knowledge. "
↑ VwGH May 24, 1963, 245/62 (VwSlg 6035 A / 1963), legal sentence 23 : “It is a self-evident principle of interpretation that an exception law that breaks a general legal principle must not be interpreted in an expansive manner (cf. Larenz: 'Methods der jurisprudence ', Berlin-Göttingen-Heidelberg 1960, p. 261). This principle of interpretation must be observed particularly strictly in relation to basic rights and these breaching special laws, because basic rights form the fundamental sphere of freedom of the individual vis-à-vis the collective. "

personal data
SURNAME	Habsburg-Lothringen, Rudolph
ALTERNATIVE NAMES	Rudolph Syringus Peter Karl Franz Joseph Robert Otto Antonius Maria Pius Benedikt Ignatius Laurentius Justiniani Marcus d'Aviano, Archduke of Austria (birth name)
BRIEF DESCRIPTION	youngest son of Charles I (Austria-Hungary)
DATE OF BIRTH	September 5, 1919
PLACE OF BIRTH	Prangins , Switzerland
DATE OF DEATH	May 15, 2010
Place of death	Brussels

[Presse-1] Emperor's son Rudolph Habsburg-Lothringen died. In: DiePresse.com , May 25, 2010. Retrieved June 15, 2011.

[2] Emperor's son Rudolph Habsburg-Lothringen dead. In: derStandard.at , May 25, 2010. Accessed June 15, 2011.

[KOEL-3] In Memoriam Archduke Rudolph of Austria. In: Coleurs party and obituary of the K.Ö.L. Leopoldina Vienna , June 2010.

[4] How the Habsburgs came to their final resting place in the Muri monastery. In: Der Freischütz, news from the community of Muri , June 15, 2010.

[Chur-5] Taken from Zita's heart. In: Vorarlberg Online, July 18, 2011. Retrieved September 6, 2012.

[6] See Lauterpacht / Greenwood 1988, p. 475ff.

[7] VwGH February 11, 1980, 201/79, legal sentence 1 : “After the entry into force of the StGBl No. 209/1919 in the Habsburg-Lothringen family, people born in § 2 of the cit. Law not affected. "

[8] See Eisenberger 2003, p. 209 .: “VwGH February 11, 1980, 201/79 • ZfVB 1981/1/154. Because § 2 HabsburgerG is 'an exception in relation to the constitutional and basic legal order', it must 'in no way be interpreted in an expansive manner'. "

[9] See Eisenberger 2003, p. 209 .: “In his knowledge of the waiver and declaration of loyalty by Otto Habsburg-Lothringen , he [the Administrative Court] took the view that the“ exceptional character ”of the provincial reference would“ not permit an expansive interpretation ” ¹⁶⁵ ", As well as with footnote 165:" VwSlg 6035 / A 1963. Approving Kafka, Der Fall Dr. Otto Habsburg, AÖR 1963, 451 (467), who sees it as the 'strongest argument' of the knowledge. "

[10] VwGH May 24, 1963, 245/62 (VwSlg 6035 A / 1963), legal sentence 23 : “It is a self-evident principle of interpretation that an exception law that breaks a general legal principle must not be interpreted in an expansive manner (cf. Larenz: 'Methods der jurisprudence ', Berlin-Göttingen-Heidelberg 1960, p. 261). This principle of interpretation must be observed particularly strictly in relation to basic rights and these breaching special laws, because basic rights form the fundamental sphere of freedom of the individual vis-à-vis the collective. "