Siegfried Broß

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Siegfried Broß (born July 18, 1946 in Stuttgart ) is a German legal scholar . He was a judge at the Federal Court of Justice from 1986 to 1998 before he was a judge at the Federal Constitutional Court between September 1998 and November 2010 .

Career

Broß studied law at the universities of Tübingen and Munich and passed both state exams. During his legal traineeship, he worked from 1971 to 1973 as a research assistant at the Canon Law Institute under Axel von Campenhausen (then in Munich). There he was in 1973 with the work of research on the appeal provisions of the Imperial Court order of 1495 graduated . During his student days he was active at the Roigel Royal Society in Tübingen .

Broß began his work as a judge at the Munich Administrative Court in 1973 . From 1975 to 1976 he was an administrative official in the district office Mühldorf , 1977-1979 research assistant to the judge of the Constitutional Court Werner Böhmer . He then moved to the legal department of the Bavarian State Chancellery before serving as a judge at the Bavarian Administrative Court from 1981 to 1986 . In 1986 Broß was appointed judge at the Federal Court of Justice. There he belonged to the 10th Civil Senate , which dealt in particular with patent law and at that time with general law on contracts for work and services and public procurement.

Judge of the Federal Constitutional Court

In 1998 the non-party Broß was elected to the Second Senate of the Federal Constitutional Court by the Bundestag at the suggestion of the CDU and CSU and belonged to the court from 28 September 1998 to 16 November 2010. He was the successor of Konrad Kruis , his own successor was Peter M. Huber . In his Senate, Broß was responsible for parliamentary law and state church law; he also worked on proceedings with a focus on European law, pre-trial detention cases and federal / state disputes .

Since his appointment as judge of the Federal Constitutional Court, Broß has caused a sensation with numerous press interviews, in particular by expressing his decidedly critical stance towards further European integration. He put this down in a special vote on the judgment of the Federal Constitutional Court on the European arrest warrant . As the responsible rapporteur at the Federal Constitutional Court, he postponed the decision on Peter Gauweiler's complaint against the ratification of the EU draft constitution by the Bundestag and Bundesrat for an indefinite period in November 2006, arguing that the negative referendums in France and the Netherlands did not give rise to any time pressure the decision. Since the then Federal President Horst Köhler assured that he would only sign the ratification law after the decision on the constitutional complaint , Germany entered the Council Presidency in 2007 as a non-ratification state .

Broß is emphatically committed to the rights of the accused. Thanks to his help, Mounir al Motassadeq , an inmate on remand , who had been charged with helping the terrorists on September 11, was released from custody before the appeal hearing. Privately, the judge is committed to human rights by refusing to visit undemocratic countries or countries that use the death penalty. Broß has never been to the USA like this, but he has already been to Indonesia (where the death penalty also applies), where he regularly travels to lectures and gives lectures at law faculties.

Public contributions to the debate

After the end of his judge's office, Broß came forward with statements against the privatization of public infrastructure for services of general interest (e.g. hospitals, water supply ). His constitutional criticism of the private arbitration tribunals that are the subject of the TTIP negotiations also caused a stir in 2015.

Awards and volunteering

Broß has been an honorary professor at the Albert-Ludwigs-Universität Freiburg since 2002 . In 2009 he was awarded an honorary doctorate from Universitas Islam Indonesia in Yogyakarta .

Broß is honorary chairman of the German section of the International Legal Commission and the Karlsruhe Legal Study Society.

Works

  • Investigations into the appellations provisions of the Reich Chamber of Justice regulations of 1495 (= writings on procedural law. Volume 32). Dissertation . University of Munich, lawyer. Fac. 1972. Duncker & Humblot, Berlin 1973, ISBN 3-428-02855-4 .
  • with Heinrich Scholler: constitutional and administrative procedural law. Stollfuss, Bonn 1980, ISBN 3-08-443151-5 .
  • with Heinrich Scholler: Fundamentals of police and regulatory law in the Federal Republic of Germany. CF Müller, Heidelberg 1981. (translated into Chinese in 1983)
  • The case law of the Federal Court of Justice on (general) work contract law. (= Wertpapier-Mitteilungen. Part 4; Journal for Commercial and Banking Law. Special Supplement No. 2/1997). Wertpapier-Mitteilungen, Frankfurt am Main 1997.
  • Fundamental values ​​and rights in Europe. Systematic and constructive considerations. In: Caroline Y. Robertson-von Trotha (ed.): Culture and justice. (= Interdisciplinary Cultural Studies / Interdisciplinary Studies on Culture and Society. Volume 2). Baden-Baden 2007, ISBN 978-3-8329-2604-5 .
  • Human dignity remains inviolable - 60 years of the Basic Law. In: Caroline Y. Robertson-von Trotha (ed.): 60 years of the Basic Law. Interdisciplinary perspectives. (= Interdisciplinary Cultural Studies / Interdisciplinary Studies on Culture and Society. Volume 4). Baden-Baden 2009, ISBN 978-3-8329-4865-8 .

Numerous other publications can be found in the library of the Federal Constitutional Court. Siegfried Broß is also co-editor of the administrative archive .

Web links

Individual evidence

  1. Press release No. 97/1998 of the BVerfG of September 2, 1998
  2. ^ Siegfried Broß: Privatization of state infrastructure areas in the "social democracy". Problems, risks, constitutional and community law commitments, implications for co-determination and strategic considerations. Nomos, Baden-Baden 2015.
  3. Lecture at the Association of Local Hospitals on June 12, 2012
  4. ^ Siegfried Broß: water, gas, electricity. Why privatization is not a panacea or why it can even endanger democracy.
  5. ^ Siegfried Broß: Free trade agreement, some comments on the problem of private arbitration. (= Hans Böckler Foundation Report No. 4). January 2015.