Theodor Tomandl

Theodor Tomandl (born January 24, 1933 in Baden near Vienna ) is an Austrian legal scholar and member of the Austrian Academy of Sciences . He is a professor emeritus at the University of Vienna .

Life

After his Matura at the Realgymnasium Albertgasse in Vienna- Josefstadt in 1951, Theodor Tomandl studied law at the law and political science faculty of the University of Vienna and completed his studies on November 8, 1955 with a doctorate . In addition to his studies, he was gainfully employed, for example during the counting of the Austrian census in 1951. His original plan to study chemistry could not be realized due to the poor financial family situation as a result of his father being seriously injured in the war. Theodor Tomandl's work at the Vienna Chamber of Commerce (Vienna Chamber of Commerce) from 1953 to 1964 led to an acquaintance with Rudolf Sallinger , who, after moving to the Federal Chamber of Commerce in July 1964, brought him in to set up a scientific department. Theodor Tomandl headed this department until 1968. His staff included the later President of the Constitutional Court Karl Korinek , his successor Gottfried Winkler, the future Minister of Economics Johann Farnleitner and the politician Herbert Schambeck .

A suggestion from Theo Mayer-Maly led Theodor Tomandl to concentrate more intensively on academia and in 1965 to do his habilitation in labor law and social law at the law and political science faculty of the University of Vienna. He had already received the Cardinal Innitzer Prize in 1964 . The subject of the habilitation thesis was strike and lockout as a means of industrial action . In 1968 he became a full professor and head of the Institute for Labor Law and Social Law. His predecessor was the founding director of the institute, Hans Schmitz . Theodor Tomandl was among the first to choose social security law as a focus of their academic work.

In 1983 Theodor Tomandl was visiting professor at Cornell University in the USA and from 1990 honorary professor at the International Buddhist University in Osaka in Japan. He founded the “Zeitschrift für Arbeitsrecht und Sozialrecht” (ZAS) and the series of publications “Viennese Contributions to Labor and Social Law”, of which he continues to work after his retirement. Theodor Tomandl, with the Institute for Labor Law and Social Law at the University of Vienna, which he has headed for many years, is the organizer of the scientific conferences of this institute in Traunkirchen in Upper Austria. In 2007 the 35th of these conferences took place.

He is a member of the philosophical-historical class of the Austrian Academy of Sciences. He supervised the habilitations of the Austrian professors Walter Schrammel , Franz Marhold, Heinz Krejci and Franz Knie .

Theodor Tomandl retired in 2001. His successor as head of the Institute for Labor and Social Law at the University of Vienna was Walter Schrammel.

Theodor Tomandl is married and has two children. Since 1952 he has been a member of the Catholic student association KÖStV Austria Vienna in the ÖCV .

Services

In addition to the university business, in which he had to look after thousands of students, Theodor Tomandl fundamentally presented and further developed the system of Austrian social law in his works. In 1966 he had a great influence on the Pension Adjustment Act, as chairman of the Pension Reform Commission he was active in the pension reforms of 2000 and 2003. The works that he was responsible for as editor offer space for opposing opinions and thus provide an overview of the current state of discussion.

His ability to present complicated legal situations simply and verbatim made him a sought-after interview partner and gave him the opportunity to be heard in public discussions when his opinion was not in the legal or socio-political " mainstream ".

One of these discussions, which sparked off when working hours were exceeded in a hospital (“ Poigenfürst ” case), gave rise to two small books dealing with the situation in the constitutional state of Austria and its representatives between freedom of the media and abuse of law . In harsh terms, he criticized situations in which individual interests had a detrimental effect on the creation of legal provisions, such as the legislation on the social security obligation for work contracts in 1996.

In another book, Theodor Tomandl describes the basic principles of Austrian social insurance and their background without any legal additions under the motto “why social insurance is the way it is”.

He devoted a great deal of work to reformulating the General Social Insurance Act, which has already been amended over two hundred times. It was not up to him that the extensive preparatory work that would have led to a reorganization of the Austrian social security law was not put into practice.

The concept of closing loopholes and gaps in the contribution and benefit law of social insurance as possible was an essential basis of his work. The broadening of the contribution base, i.e. the inclusion of additional sources of funding for the Austrian social security system, had priority over increasing contributions for the individual insured. He is quoted as saying: "The fact that there are no longer any major gaps in our social security system has grown on my crap."

Works

The catalog of works by Theodor Tomandl includes pages 735–746 in the festschrift for his 65th birthday.

• Strike and lockout as a means of industrial action. Vienna-New York 1965. No ISBN. OCLC 701650269 ( post- doctoral thesis).
• Legal nature and legal effects of the general medical contract within the meaning of the ASVG. In: Festschrift for Hans Schmitz. Volume 2. Pages 478 ff. Vienna 1967. (ASVG: Austrian General Social Insurance Act, 1955 ff.)
• From health insurance to social security. Viennese contributions to labor and social law - WBAS Volume 1. Vienna 1972. ISBN 3-7003-0034-4 .
• Social insurance: limits of the obligation to provide benefits. WBAS Volume 4. Vienna 1975. ISBN 3-7003-0089-1 .
• Loyalty and duty of care in labor law. WBAS Volume 5. Vienna 1975. ISBN 3-7003-0111-1 .
• Internal employee conflicts from a legal point of view. WBAS Volume 8. Vienna 1977. ISBN 3-7003-0157-X .
• System of Austrian social security law. Loose-leaf edition. Vienna 1978 ff. ISBN 978-3-214-12462-5 .
• The reduction in performance in social security law. WBAS Volume 9. Vienna 1978. ISBN 3-7003-0176-6 .
• Basic legal questions of unemployment insurance. WBAS Volume 16. Vienna 1981. ISBN 3-7003-0300-9 .
• Provision of benefits in kind by third parties in social security. WBAS Volume 24. Vienna 1987. ISBN 3-7003-0691-1 .
• 100 years of social security in Austria. Series of publications by the Research Institute for Social Security at the Main Association of Austrian Social Insurance Institutions. Volume 9. Vienna 1988. No ISBN.
• Constitutional problems of social security law. WBAS Volume 26. Vienna 1989. ISBN 3-7003-0850-7 .
• The Supreme Court as the highest social security court. WBAS Volume 31. Incorrect ISBN 3-7003-0944-9 , correct ISBN 3-7003-1045-5 . Vienna 1994.
• Main problems of the applicable collective labor law. In: Franz Bydlinski , Theo Mayer-Maly: The work: its order, its future, its meaning. Proceedings of the symposium of the same name on 26. – 27. May 1994 in Salzburg. WBAS Volume 34. Vienna 1995. ISBN 3-7003-1087-0 . Pages 41-50.
• The abused constitutional state, shown in the "Poigenfürst case". Vienna 1995. Publications of the Ludwig Boltzmann Institute for Legislative Practice and Legal Application. Volume 3. ISBN 3-214-06975-6 . (in cooperation with Heinz Mayer )
• Rule of law grotesque about work contracts. ecolex (Austrian trade journal for commercial law, Manz Verlag, Vienna ISSN  1022-9418 ), year 1996. Pages 284–290.
• Rule of law Austria. Illusion or reality? Vienna 1997. ISBN 3-214-06978-0 .
• How slim can social security be? WBAS Volume 37. Vienna 1998. ISBN 3-7003-1215-6 .
• Japanese and Austrian labor and social law in structural change. WBAS Volume 39. Vienna 1999. ISBN 3-7003-1257-1 .
• The future structure of social security law. Report of the sub-committee “Future structure of the ASVG” of the commission for the preparation of the new enactment of the social security laws. In: Federal Ministry of Labor, Health and Social Affairs: ASVG - New Paths for Legislation. Legal series Volume 138. Vienna 1999. ISBN 3-7046-1370-3 . Pages 179-197.
• Social security in Central Europe: a system comparison between Croatia , Austria, Poland , Slovakia , Slovenia , the Czech Republic and Hungary . Research reports from the Austrian university institutes for labor and social law. Volume 13. Vienna 2000. ISBN 3-7007-1944-2 .
• Labor and social law problems in small and medium-sized enterprises. A comparison between Japan and Austria. WBAS Volume 41. Vienna 2000. ISBN 3-7003-1316-0 .
• The reference in social law. WBAS Volume 43. Vienna 2002. ISBN 3-7003-1404-3 .
• New clearance: short comment on the BMVG. (together with Markus Achatz, Wolfgang Mazal). Vienna-Graz 2003. ISBN 3-7083-0094-7 . (BMVG: Austrian "Company Employee Benefits Act ").
• Labor law 1. Designer and design tools. Study series labor law. Vienna 2004. ISBN 3-7003-1500-7 .
• Murder at the Congress of Vienna : historical detective novel. Vienna 2004. ISBN 3-85485-123-5 .
• The industrial accident - A comparison of case law: OGH and German Federal Social Court . In: Gerhard Kuras, Matthias Neumayr , Anton Spenling : Contributions to labor and social law. Festschrift Peter Bauer, Gustav Maier, Karl Heinz Petrag. Vienna 2004. ISBN 3-214-00134-5 . Pages 341-353.
• Everything you always wanted to know about social security. Vienna 2005. ISBN 3-214-00165-5 .
• Social insurance agency and main association. New concepts for a changed legal environment. WBAS Volume 50. Vienna 2005. ISBN 3-7003-1548-1 .
• Labor law prohibition of discrimination. WBAS Volume 49. Vienna 2005. ISBN 3-7003-1514-7 .
• Outline of Austrian social law. Vienna 2006. ISBN 3-214-14905-9 .
• The dead man in the riding stables: a detective novel from the Biedermeier period . Vienna 2007. ISBN 3-85002-602-7 .
• Securing basic needs . WBAS Volume 52. Vienna 2007. ISBN 978-3-7003-1656-5 .

literature

• Heinz Krejci, Franz Marhold, Walter Schrammel, Franz Wardrobe, Gottfried Winkler: Legal dogmatics and legal policy in labor and social law. Festschrift for Theodor Tomandl on his 65th birthday. Vienna 1998. ISBN 3-214-06139-9 .

Remarks

1. ^ Theodor Tomandl: In memoriam Theo Mayer-Maly. ZAS 2008. page 49.
2. ↑ ISSN  0044-2321 . Manz Verlag, Vienna 1966 ff. Publisher is the Austrian Chamber of Commerce.
3. ↑ ISSN  1814-5590 . Verlag Braumüller, Vienna 1972 ff.
4. ↑ See catalog raisonné: Rechtsstaat Österreich. Illusion or reality. and The abused constitutional state, illustrated in the Poigenfürst case.
5. ↑ See catalog raisonné: Rule of law grotesque about work contracts.
6. ↑ See catalog raisonné: What you always wanted to know about social security.
7. ^ Lower Austrian news. Proud of Lower Austria, episode 268  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. . Thomas Jorda: Theodor Tomandl, lawyer and author, in Gablitz : Reforming pensions and writing crime novels. "As an emeritus I wanted to do something different." (April 20, 2008)  

Web links

• Literature by and about Theodor Tomandl in the catalog of the German National Library