Stephan Harbarth

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Stephan Harbarth (2017)

Stephan Harbarth (born December 19, 1971 in Heidelberg ) is a German lawyer and politician ( CDU ). Since June 2020 he has been President of the Federal Constitutional Court , of which he has presided over the First Senate since November 2018. He previously worked as a lawyer and was a member of the German Bundestag from 2009 to 2018 .

Life and work

Stephan Harbarth grew up in Schriesheim . In 1991 he passed the Abitur at the Bunsen-Gymnasium in Heidelberg and then studied law at the Ruprecht-Karls-Universität Heidelberg . In 1996 he passed the first state examination in law with "very good" as the best of his year in Heidelberg. For his legal clerkship he went to the Higher Regional Court in Berlin from 1997 to 1999 , where he passed the Second State Examination in August 1999. In 1998 he was awarded a Dr. iur. PhD. His doctoral thesis investor protection in public companies was published by Duncker & Humblot and was awarded the Fritz Grunebaum Prize for the best legal or economic paper of the year in Heidelberg. Harbarth's doctoral supervisor was Peter Hommelhoff , with whom he still publishes the corporate law journals Zeitschrift für Unternehmens- und Unternehmensrecht and European Company and Financial Law Review .

In the 1999/2000 academic year he studied at Yale Law School with a grant from the German Academic Exchange Service (DAAD) ; he obtained a Master of Laws degree there .

Back in Germany, he joined the business law firm Schilling, Zutt & Anschütz in Mannheim in 2000, which was taken over by the international law firm Shearman & Sterling LLP in the same year . In 2006 he became a partner. In May 2008, the Mannheim office separated from Shearman & Sterling and re-established as SZA Schilling, Zutt & Anschütz Rechtsanwalts AG. Harbarth became a member of the board of directors or a member of the management when the company was converted into a GmbH in 2018. He had to disclose his income from this activity when he became a member of the German Bundestag in 2009. Until 2018 it was over 250,000 euros per year, for the period from January to November 2018, income at SZA Schilling, Zutt & Anschütz of "more than 400,000 euros, probably even double that" can be assumed. With his appointment as judge at the Federal Constitutional Court on November 30, 2018, Harbarth left the SZA law firm as a partner and lawyer.

Harbarth has been a visiting lecturer since 2004 and honorary professor at the Law Faculty of Heidelberg University since March 2018 .

Harbarth is Catholic , married and has three children.

politics

Political party

In 1987 Harbarth joined the Junge Union and ran the Rhein-Neckar district association from 1995 to 1997. In 1993 he became a member of the CDU and has been a member of the district board of the CDU Rhein-Neckar since 1995 and of the district board of the CDU North Baden since 2005. In 2007 he became deputy district chairman of the CDU Rhein-Neckar and since 2009 he has been a member of the CDU federal committee . At the end of August 2010, Harbarth was appointed to the Federal Committee on Economic, Budget and Financial Policy of the CDU in Germany. In 2011 he was elected as the successor to Georg Wacker as district chairman of the CDU Rhein-Neckar, and since 2013 he has been a member of the state board of the CDU Baden-Württemberg . He became a member of the CDU federal executive committee in December 2016.

MP

In the Bundestag elections in 2009 , 2013 and 2017 , he was directly elected to the German Bundestag as a CDU member for constituency 277 Rhein-Neckar .

Harbarth was a full member of Parliament's Committee on Election Review, Immunity and Rules of Procedure. In addition, he was a deputy member of the Committee on Home Affairs and the Committee on Legal Affairs and Consumer Protection. He is a member of the European Union parliamentary group of the German Bundestag and a member of the board of directors in the SME parliamentary group of the CDU / CSU parliamentary group .

From January 28, 2014 to June 21, 2016 he was chairman of the CDU / CSU parliamentary group in the Committee on Legal Affairs and Consumer Protection of the German Bundestag. On June 7, 2016 he was elected deputy chairman of the CDU / CSU parliamentary group for the areas of law and consumer protection, interior, sport and honorary office, displaced persons, resettlers and German minorities, and in this office on January 29, 2018 and September 25 Confirmed in 2018.

In 2015, Volkswagen AG mandated SZA Rechtsanwaltsgesellschaft to help the group cope with the VW emissions scandal . Therefore, the opposition accused him of partiality as a member of the board. The then President of the Bundestag, Norbert Lammert (CDU), wrote that “according to current law, there are no compelling reasons for the exclusion of voting rights of a member of the Bundestag in decisions that can favor the latter”. Harbarth had voted for the cancellation of the VW agenda item without informing the committee of his conflict of interest. Harbarth was not actively involved in the mandate and the law firm's advice related to aspects of stock corporation law.

Stephan Harbarth became known to the public through his initiative for a motion in the fight against anti-Semitism, with which the post of anti-Semitism commissioner of the federal government was introduced. The application was signed by the CDU / CSU, SPD , FDP and Alliance 90 / Greens and approved by a majority on January 18, 2018; with the votes of the AfD and with abstention from the left . In the Bundestag debate in November 2018 on the controversial UN migration pact, Harbarth spoke out in favor of signing it.

Federal Constitutional Court

Judge Ferdinand Kirchhof should have resigned from the Federal Constitutional Court in June 2018, but the search for a successor turned out to be difficult because the ruling coalition (CDU / CSU, SPD) did not have a two-thirds majority and also needed votes from the opposition. In November 2018, the leaderships of the Union, SPD, Greens and FDP agreed to nominate Harbarth as a judge for the Federal Constitutional Court. On November 22, 2018, Harbarth was elected by the Bundestag as judge of the Federal Constitutional Court. Since 2005, he has been the first former lawyer to serve as a judge at the Federal Constitutional Court. On November 23, 2018, the Federal Council unanimously elected him as Vice-President of the court. He was appointed on November 30, 2018 and is Chairman of the First Senate. Dorothea Siems commented that his expertise was recognized "both in politics and among colleagues". It was also emphasized that someone with legislative experience would move to the head of the Constitutional Court.

On March 8, 2020, Harbarth declared that he wanted to succeed Andreas Voßkuhle as President of the Federal Constitutional Court. Vosskuehle's regular term of office ended on May 6, 2020. On May 15, 2020, Harbarth was unanimously elected President by the Federal Council; on June 22, 2020, the Federal President presented him with the certificate of appointment.

criticism

Before Harbarth was elected as Federal Constitutional Court judge and again before his appointment as President of the Court, he was exposed to constant criticism (among other things because of his previous work as a lawyer, but above all because of alleged violations of the law on parliament by accepting payments without consideration).

On the other hand, Aled Wyn Griffiths, editor-in-chief of JUVE Verlag for legal information , stated "honest amazement" that there was any discussion about the eligibility of Harbarth. If there were conflicts of interest, "[d] he key is [...] a definition of bias and conflict of interest that is so strict and clear that judges know when to bring a case." Griffiths made a comparison with the UK and the US legal system, where judges usually previously practiced as attorneys and represented the interests of their clients.

Allegations of violations of the law on parliament

In public, allegations are made that it is incomprehensible from the scope of work how Harbarth could have earned so much money from his legal work during his time as a member of the Bundestag. “So what did Harbarth get his high remuneration for?” Asked the Handelsblatt . Either Harbarth almost missed his mandate in view of the amount of work that was billed, or he billed for services as a lawyer without exercising a corresponding legal activity. The latter would be a violation of the law on parliament.

In a declaratory action before the Federal Constitutional Court in 2019, two members of the Bundestag ( Frauke Petry and Mario Mieruch , both non-attached) sought the declaration that the election and appointment of Harbarth as judge of the Federal Constitutional Court were void because, among other things, he had not disclosed whether he had donated assets from third, unclear sources and the presumption of an inadmissible conflict of interest incompatible with the free mandate of a member of parliament. The Federal Constitutional Court rejected these declaratory requests as inadmissible and did not rule on the matter. The allegations were "obviously speculative and put forward in the dark without any external reason".

Data retention

In the Legal Tribune Online , Christian Rath stated that bias does not exist with every co-vote, but only when Harbarth has “a particularly close connection to a set of rules”. He cites data retention as an example , for which Harbarth had emphatically advocated.

Cum-ex deals

Individuals point out that the cum-ex business in Harbarth's former law firm Shearman & Sterling has been brought "to legal maturity". T-Online.de reported on this in relation to Harbarth: “In 2000 [Harbarth] joined the major law firm Shearman & Sterling LLP. His time there falls into the years when the Cum-Ex models are also being worked out there. To plunder the state. "

Diesel emissions scandal and business mandates

A lawyer filed a constitutional complaint against the appointment of Harbarth as a federal constitutional judge for participants in the model declaratory action (MFK) in the emissions scandal against Volkswagen AG on November 28, 2019. There is concern that the automotive industry and the related industrial complex, such as suppliers, will be given the opportunity to influence the case law in their favor. There are also additional income in the millions annually from his time as a member of the Bundestag unexplained. On February 18, 2020 (Az. 2 BvR 2088/19) the Federal Constitutional Court dismissed the complaint.

In an interview with the Augsburger Allgemeine , Harbarth rejected the allegation of bias. In the mirror Harbarth had said in January 2019 it "can not, wish that a lawyer is elected to the Federal Constitutional Court ', and then consider it fundamentally problematic that this lawyer had clients'."

Circumstances of the appointment as honorary professor in Heidelberg in 2018

In Handelsblatt reported January Keuchel and Volker Votsmeier that appraisals and valuers of the University of Heidelberg on the appointment Harbarths would conceal an honorary professor in the 2018th The University of Heidelberg has stated that this is always the case - “in the interest of open words in the academic appointment and appointment process”. However, according to the journalists, there is an “obvious financial and personal proximity of the university to Harbarth's former law firm SZA Schilling Zutt & Anschütz from Mannheim”. According to the LTO report, Walter Bayer and Mathias Habersack are the reviewers for Harbarth's honorary professorship. Habersack was Peter Ulmer's research assistant at the University of Heidelberg from 1986 and was a research assistant there until 1995. At the same time Harbarth received his doctorate there. Ulmer, former rector of Heidelberg University and in this capacity the predecessor of Peter Hommelhoff, Harbarth's doctoral supervisor, is now of counsel at SZA.

Fonts

Web links

Commons : Stephan Harbarth  - Collection of images, videos and audio files

Individual evidence

  1. ^ Wolfgang Janisch: Stephan Harbarth. Retrieved May 13, 2020 .
  2. ^ Journal of corporate and corporate law. Retrieved May 13, 2020 .
  3. ^ European Company and Financial Law Review. Retrieved May 13, 2020 .
  4. ↑ a b About Stephan Harbarth. In: Parliamentary Watch. Retrieved November 15, 2018 .
  5. ^ History of the SZA Rechtsanwaltsgesellschaft
  6. ↑ Bundestag publishes additional income: Most of the additional earners in the Union faction , FAZ.net , March 21, 2014.
  7. ^ Lars Wienand: The new president has old money questions. In: T-Online. May 15, 2020, accessed May 27, 2020 . "From information for January 2018, when the Anwalts-AG became a GmbH, the monthly remuneration amounts to between 75,000 and 100,000 euros."
  8. ↑ http://www.jura.uni-heidelberg.de/lehre/lehrstuehle.html. Heidelberg University Faculty of Law, March 28, 2018, accessed on March 28, 2018 .
  9. ^ Curriculum vitae on Stephan Harbarth's website.
  10. ↑ Dr. Stephan Harbarth . In: German Bundestag . 2018 ( bundestag.de [accessed July 16, 2018]).
  11. ^ [1] Press team, on January 29, 2014
  12. ↑ Members of the Committee on Legal Affairs and Consumer Protection ( Memento from February 22, 2014 in the Internet Archive )
  13. ↑ https://www.cducsu.de/presse/pressemitteilungen/stephan-harbarth-zum-stellvertretenden-vorsitzenden-fuer-den-bereich-innen-und-recht-gewaehlt. Retrieved June 9, 2016 .
  14. ↑ Election of the deputy group chairmen and the parliamentary managing directors. Accessed January 30, 2018 .
  15. ↑ Other board members elected in the CDU part of the Union parliamentary group. Retrieved November 18, 2018 .
  16. ↑ Bundestag - Bundestag President: Even biased MPs are allowed to vote , Süddeutsche.de , November 24, 2015.
  17. ↑ VW emissions affair and consumer protection - mandate vs. Client sueddeutsche.de, October 19, 2015, accessed on September 14, 2018
  18. ^ A b Christian Rath: Excluded or biased? In: Legal Tribune Online . December 3, 2018, accessed December 3, 2018 .
  19. ↑ Benny Riemer: Anti-Semitism officer against hatred and agitation. In: BR. January 18, 2018, accessed August 20, 2019 .
  20. ↑ Eckart Lohse: Bundestag wants anti-Semitism commissioner. In: FAZ . January 18, 2018, accessed November 15, 2018 .
  21. ↑ Merkel's husband for Karlsruhe is the right one. In: The world . November 14, 2018, accessed November 15, 2018 .
  22. ↑ Harbarth is to become a constitutional judge. In: Tagesschau. November 9, 2018, accessed November 15, 2018 .
  23. ↑ Helene Bubrowski: Greens support Harbarth's election. In: FAZ. November 10, 2018, accessed November 10, 2018 .
  24. ↑ CDU politician Harbarth elected as constitutional judge. In: FAZ. November 22, 2018. Retrieved November 22, 2018 .
  25. ↑ Federal Council elects Harbarth as Vice President. In: FAZ. November 23, 2018. Retrieved November 23, 2018 .
  26. ↑ Prof. Dr. Stephan Harbarth, LL.M. Retrieved December 3, 2018 .
  27. ↑ Dorothea Siems: Highest German court: Merkel's husband for Karlsruhe is the right one . In: THE WORLD . November 14, 2018 ( welt.de [accessed July 5, 2020]).
  28. ↑ Stephan Harbarth in an interview with Wolfgang Janisch: Constitutional judge Harbarth in an interview. In: Süddeutsche Zeitung. March 8, 2020, accessed April 13, 2020 .
  29. ↑ LTO: BVerfG: Harbarth President, Wallrabenstein new BVR. Retrieved May 15, 2020 .
  30. ^ Federal Constitutional Court - Press - Change of President at the Federal Constitutional Court. Retrieved June 22, 2020 .
  31. ^ Lars Wienand: The new president has old money questions. In: T-Online. May 15, 2020, accessed May 15, 2020 . “Can you be a member of the Bundestag for a number of years and also be a full-time director of a law firm? In terms of figures, Harbarth earns so much there that you would have to work 2,500 hours a year at an hourly rate of 500 euros. (...) From information for January 2018, when the Anwalts-AG became a GmbH, the monthly remuneration amounts to between 75,000 and 100,000 euros. At the time, Harbarth earned so much that critics asked whether his legal work could really be considered a sideline. The mandate for the citizen, however, must be the focus of activity for a member of the Bundestag, according to the law on representatives. (...) “Which partner gives a partner who can only work a maximum of 25 percent alongside the parliamentary job, 75 percent income and why?” Asks Siemon. The acceptance of money is inadmissible according to the law on members of the Bundestag, “if this service is granted without adequate consideration from the member of the Bundestag”. Behind it is: MPs should not be lobbyists. ".
  32. ^ Christoph Prantner: Stephan Harbarth elected President of the Federal Constitutional Court. The Federal Council votes unanimously for the former CDU top politician. His previous activities and income as a lawyer still give cause for criticism. In: NZZ. May 15, 2020, accessed May 16, 2020 . "Critics wanted to know how, in addition to his fulfilling work as a member of parliament and deputy parliamentary group leader, he could still earn such high income as a lawyer."
  33. ↑ Honest amazement - should the former member of the Bundestag Stephan Harbarth be appointed President of the Federal Constitutional Court? In: Handelsblatt . April 21, 2020, accessed April 30, 2020 .
  34. ↑ Abe Fortas. Accessed April 30, 2020 .
  35. ^ Lars Wienand: The new president has old money questions. In: T-Online. May 15, 2020, accessed May 15, 2020 . "But if the tasks as a member of parliament were in the foreground and there was little time for the legal work, the other question arises: What did Stefan Harbarth get these sums for?"
  36. ^ A b Jan Keuchel, Volker Votsmeier: President-designate: Stephan Harbarth: Constitutional judge with a controversial past. In: Handelsblatt. March 5, 2020, accessed April 13, 2020 .
  37. ↑ Heike Anger, Volker Votsmeier: Stephan Harbarth elected the highest constitutional guardian. In: Handelsblatt. May 15, 2020, accessed May 15, 2020 . “But Harbarth is also controversial. In parliament, as one of the managing directors of the business law firm SZA Schilling, Zutt & Anschütz, he was one of the top earners with annual additional income of well over 250,000 euros. The law on parliament does not require more transparency. The question remains how he was able to do this demanding job in addition to his Bundestag mandate. "
  38. ↑ Long reverberations of a double job. July 5, 2019, accessed April 30, 2020 .
  39. ↑ a b Inadmissible motions in the organ dispute proceedings for the election of the Federal Constitutional Court. BVerfG, decision of the Second Senate of July 2, 2019 - 2 BvE 4/19 -. In: Decisions. Federal Constitutional Court, accessed on April 29, 2020 .
  40. ↑ Motions against Harbarth's appointment as constitutional judge inadmissible. In: LTO. July 12, 2019, accessed April 30, 2020 .
  41. ↑ Werner Rügemer: Corporate lobbyist as guardian of the Basic Law? In: NachDenkSeiten - The Critical Website. March 9, 2020, accessed April 13, 2020 .
  42. ^ Lars Wienand: The new president has old money questions. In: T-Online. May 15, 2020, accessed May 27, 2020 .
  43. ^ Unsuccessful constitutional complaint against appointment as judge of the Federal Constitutional Court. In: Decisions. Federal Constitutional Court, February 18, 2020, accessed on April 13, 2020 .
  44. ↑ Rudi Wais: Constitutional Court Vice Harbarth: "Our constitutional state works". Augsburger Allgemeine, March 12, 2020, accessed on April 13, 2020 .
  45. ↑ Melanie Amann, Dietmar Hipp: Politisches Poison. Stephan Harbarth, as the new Vice President of the Constitutional Court, is both enrichment and mortgage. In: Der Spiegel , No. 4, January 19, 2019, pp. 38–39.
  46. ↑ Jan Keuchel, Volker Votsmeier: Designated President: Stephan Harbarth: Constitutional judge with a controversial past. In: Handelsblatt. March 5, 2020, accessed April 13, 2020 .
  47. ↑ Curriculum Vitae - Law Faculty - LMU Munich. Retrieved July 10, 2020 .
  48. ↑ German Bundestag - Dr. Stephan Harbarth. Retrieved July 10, 2020 .
  49. ↑ Lawyers, lawyers for corporate law SZA Schilling, Zutt & Anschütz Rechtsanwaltsgesellschaft mbH. Retrieved July 10, 2020 .
personal data
SURNAME Harbarth, Stephan
BRIEF DESCRIPTION German lawyer and politician (CDU), Member of the Bundestag
DATE OF BIRTH 19th December 1971
PLACE OF BIRTH Heidelberg