Udo Di Fabio

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Udo Di Fabio at the Frankfurt Book Fair 2018

Udo Di Fabio (born March 26, 1954 in Walsum ) is a German lawyer . From 1999 to December 2011 he was a judge at the Federal Constitutional Court .

Life

Di Fabio was born in 1954 as a descendant of Italian immigrants, his grandfather was a steel worker at Thyssen . From 1970 to 1980 Di Fabio worked as an administrative clerk in the middle service in Dinslaken . In 1985 he passed the second state examination in law . From 1985 to 1986 he was a judge at the Duisburg Social Court . In 1987 he received his doctorate in law at the University of Bonn with a thesis on legal protection in parliamentary investigative procedures and in 1990 in Duisburg with a thesis on open discourse and closed systems in the field of social sciences.

From 1986 to 1990 Di Fabio was a research assistant at the Institute for Public Law at the University of Bonn, and from 1990 to 1993 research assistant at the same institute. In 1993 Di Fabio completed his habilitation in Bonn with a thesis on risk decisions in the rule of law . In May 1993 he accepted a professorship at the Westphalian Wilhelms University of Münster , and in November of the same year he accepted another professorship at the University of Trier . In 1997 he took over a professorship at the Ludwig Maximilians University in Munich , and in 2003 at the Rheinische Friedrich-Wilhelms-Universität Bonn, where he has been teaching at the Institute for Public Law (Constitutional Law Department) ever since.

In 1999, Di Fabio was the proposal from the CDU from the Federal Council in the Second Senate of the Federal Constitutional Court voted and worked for the Court of 16 December 1999 to 19 December 2011th He was Paul Kirchhof's successor , followed by Peter Müller . His department mainly comprised international law , European law and parliamentary law. In these areas, as rapporteur, he prepared important judgments for his Senate, including the decisions on the dissolution of the Bundestag in 2005 and the Lisbon Treaty in 2009.

Di Fabio is co-editor of the public law archive . Since 2007 he has been a member of the board of trustees of the Rheinviertel community foundation and the Bonn legal journal . In 2014 he was elected chairman of the scientific advisory board of the EKD for the Reformation anniversary in 2017 . Di Fabio is also a founding member of the Scientific Advisory Board of the Family Business Foundation, which was established in 2013 .

Di Fabio is Roman Catholic . He is married, has four children and lives with his family in Bonn.

Work and action

In his publication "The Culture of Freedom", which goes far beyond questions of the legal order , Di Fabio reflects on the status quo and the future development prospects of German society with a view to the guiding values ​​of the Basic Law on the one hand and the implications of the globalization process on the other. In doing so, he relies on the persistence of different cultures and the plurality of nation states as communities that create identity . The western canon of values , which grew out of its specific ancient and Judeo - Christian roots in the age of the Enlightenment , does not justify any claim to absoluteness and should be approached with caution and willingness to reflect on other cultures that have grown up.

The task of the nation-states interested in self-preservation and the continuation of their guiding values, however, is not to allow the sources of their culture to dry up. Di Fabio considers two things to be necessary: ​​on the one hand, the revitalization of cultural assets and institutions that create bonds, and on the other, and in connection with this, the provision for sufficient offspring . Because where the future bearers are missing, culture-related values ​​cannot survive. As a consequence, Di Fabio calls for a social reorientation away from flat, often short - winded self - realization ideas and practices towards sustainable work and being in good hands in social, especially family ties. In this sense, religious communities are also given positive consideration as mediators of grown culture and ties.

Di Fabio adds a common concept of freedom to the main cultural aspects (guaranteeing physical and personal integrity, freedom of expression and belief, property as a fundamental right and institution, market economy ). The model is supplemented by fairness of performance in the sense of the classic bourgeois performance concept: “Everyone should ensure that he achieves what he is entitled to, within the path of moral decency and justice, and what he is entitled to achieve. "

The book was controversial mainly because of the position in favor of families with children as a social model. While some of the critics saw this as a conservative step backwards into the early days of the Federal Republic of Germany or criticized Di Fabio's labeling of 19th century German culture as a non-Atlantic or “non-Western culture”, other reviewers saw Di Fabio's statement Concept based on the understanding of autonomy in the modern age, which children and families see as a gain in freedom.

In 2009, Di Fabio attracted attention with a contribution to the ceremonial act on the occasion of the 200th anniversary of the Solinger Tageblatt by calling for an end to the excessive anonymization on the Internet and that in particular the authors of public information sources on the Internet must be identifiable for their consumers.

After the end of a maximum of twelve years as a constitutional judge in December 2011, Di Fabio took over the Mercator chair at the University of Duisburg-Essen . He is also a professor at the Institute for Public Law (Constitutional Law Department) at the University of Bonn .

On behalf of the Family Business Foundation, Di Fabio examined the legal limits of an economic and monetary union .

On June 2, 2013 the FAZ wrote :

“If the European Central Bank (ECB) violates the ban on state financing, the Federal Constitutional Court must, in the worst case, oblige the Federal Government and the Bundestag to leave the monetary union. [...] The Karlsruhe court does not have "any procedural leverage" to impose requirements on the ECB [...]. Therefore, it does not have to refer the case to the European Court of Justice, but instead is allowed to decide for itself in the event of obvious violations of authority. Then the Karlsruhe judges could at least "declare" the violation. "

Di Fabio wrote the foreword to a book by the historian Dominik Geppert , published in mid-2013, entitled A Europe that does not exist. The fatal explosive power of the euro.

In September 2015, Di Fabio published a book entitled Fluctuating West: How a Model of Society must reinvent itself .

In April 2020, Di Fabio became a member of the 12-person “Corona Expert Council” convened by Prime Minister Armin Laschet . The committee of twelve renowned experts from different disciplines is to work with the state government of North Rhine-Westphalia to develop strategies for the time after the Corona crisis .

Expertise on the migration crisis

This article or section needs to be revised: Out of date (the CSU has not had any ambitions to file suit since the government crisis of 2018 at the latest); the quotation does not seem to me to substantiate the following conclusion ("violation of applicable law"), nor does the FAZ reporting linked to it. - Jordi ( discussion ) 10:34, May 21, 2019 (CEST )
Please help to improve it , and then remove this mark.

In January 2016, the legal opinion on the migration crisis was published as a federal constitutional problem , which Di Fabio prepared on behalf of the CSU- led Bavarian state government . With reference to the refugee crisis in Germany from 2015 onwards , he wrote, among other things:

"For constitutional reasons [...] the federal government is obliged to resume effective controls of the federal borders if the common European border security and immigration system is temporarily or permanently disrupted [...] The Basic Law does not guarantee the protection of all people worldwide through factual or legal entry permits. Such an unlimited legal obligation does not exist either under European or international law. "

The report received political and media attention because it classified the German government's failure to close the borders, which in some cases actually took place in 2015, as a violation of applicable law during the refugee crisis in Germany from 2015 onwards . With this, Di Fabio's report gives the Free State a chance of success in a possible federal-state dispute before the Federal Constitutional Court against the federal government, which wants to achieve that "legally orderly conditions are to be restored" at the Bavarian external borders. However, this view has been legally contradicted several times.

Awards / honors

Awarding of the European Craftsman Prize to Udo Di Fabio (2nd from left)

Assessment

Fonts

literature

Web links

Commons : Udo Di Fabio  - collection of images, videos and audio files

Individual evidence

  1. ↑ Udo Di Fabio: Conservative as a key figure in the new election process ( Memento from August 2, 2012 in the web archive archive.today ) In: Financial Times , July 22, 2005; accessed on February 2, 2018.
  2. ^ Change of judges at the Federal Constitutional Court - Federal Constitutional Judge Prof. Dr. Dr. Udo Di Fabio is leaving office. BVerfG, press release No. 81/2011 of December 16, 2011; therein: List of important judgments that Di Fabio prepared as rapporteur.
  3. ^ University of Bonn, Bonner Rechtsjournal: Kuratorium .
  4. ↑ a b Former constitutional judge Udo Di Fabio is the new chairman of the scientific advisory board "Luther 2017". Ekd.de, notification from February 20, 2014, accessed in May 2019.
  5. ↑ Family Business Foundation: Scientific Advisory Board
  6. ↑ Be fruitful and teach yourselves. In: FAZ.net . July 25, 2005, accessed December 12, 2014 .
  7. ↑ Lighthouse in the open sea of ​​information , Solinger Tageblatt on August 25, 2009.
  8. ^ Constitutional Judge as Professor , RP Online, October 27, 2011, accessed on November 17, 2011.
  9. ^ "The future of a stable economic and monetary union - constitutional and euro-legal limits and possibilities", www.familienunternehmen.de (PDF, 1.1 MB) ISBN 978-3-942467-22-3
  10. ↑ Joachim Jahn: "If necessary, Germany is obliged to leave the euro". FAZ.net , June 2, 2013, accessed February 8, 2018 .
  11. ^ Europa Verlag, Berlin (August 2013), ISBN 978-3-944305-18-9
  12. ↑ Hans-Peter Schwarz: Everything is also a question of limits. In: Frankfurter Allgemeine Zeitung . November 30, 2015, accessed December 1, 2015 .
  13. ↑ Prime Minister Armin Laschet appoints "Expert Council Corona" | The state portal Wir in NRW. April 1, 2020, accessed May 19, 2020 .
  14. ^ Udo Di Fabio: Migration crisis as a federal constitutional problem. (PDF; 813kb) Bavarian State Government , January 8, 2016, accessed on January 21, 2016 .
  15. ↑ Wolfram Weimer : Person of the week: Udo di Fabio - The judge of the Chancellor . n-tv, January 12, 2016.
  16. ↑ Duty neglected: Expert accuses the government of breaching the constitution in securing borders . Focus online, January 11, 2016.
  17. ↑ Reinhard Müller: Udo Di Fabio's report on border security. In: Frankfurter Allgemeine Zeitung . January 13, 2016, p. 2 , accessed January 16, 2016 .
  18. ↑ The end of the state? In: Young Science in Public Law e. V. January 26, 2016 ( juwiss.de [accessed December 2, 2016]).
  19. ^ To please the Free State: about Udo Di Fabio's report on the constitutional assessment of the refugee crisis. Verfassungsblog, January 16, 2016, accessed February 8, 2018 .
  20. ↑ Announcement of awards of the Order of Merit of the Federal Republic of Germany. In: Federal Gazette . Vol. 64, No. 9, January 17, 2012.
  21. ↑ 4. Visiting professorship to Prof. Dr. Dr. Udo di Fabio . ( Memento from February 11, 2015 in the Internet Archive ) Website of the University of Koblenz-Landau, last changed on July 18, 2012; accessed on February 11, 2015.
  22. ↑ Award of the Frank Loeb visiting professorship to Udo di Fabio , on metropolnews.info, accessed on May 7, 2019
  23. ↑ See also: Robert Chr. Van Ooyen: Migration crisis as a federal constitutional problem? Where reviewer Di Fabio could be right - and where not. In: Recht und Politik, 2/2016, pp. 80–85.
personal data
SURNAME Di Fabio, Udo
BRIEF DESCRIPTION German lawyer, judge of the Federal Constitutional Court
DATE OF BIRTH March 26, 1954
PLACE OF BIRTH Walsum , now Duisburg