Werner Hinterauer

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Werner Hinterauer (born December 8, 1917 in Dornbirn ; † December 11, 2013 ) was an Austrian lawyer and highest judge . Hinterauer was President of the Austrian Administrative Court from 1962 and a member of the Constitutional Court from 1979 to 1987 .

education

Werner Hinterauer was born on December 8, 1917 as the second of six children of a farrier and cart smith in Dornbirn in the Austrian state of Vorarlberg . He attended elementary school in Dornbirn-Oberdorf and in April 1929 entered the Progymnasium at the Benedictine Missionary Monastery of St. Ottilien in Landsberg am Lech in Bavaria . From the fifth grade onwards, Hinterauer attended the Federal High School in Bregenz , where he graduated in 1937 . After that he began in the fall of 1937 at the University of Innsbruck the Study of Law. Due to his pro-Austrian attitude, which was a thorn in the side of the National Socialists who ruled from 1938 after the annexation of Austria to the German Reich , he had to move his place of study to Vienna in the spring of 1939. There he passed his first state examination shortly before he was called up for military service in 1940.

On March 10, 1940 Hinterauer was called up for military service in the Wehrmacht and had to complete military training in Znojmo . He then took part with his unit in the western campaign in France . When he was finally transferred to the Eastern Front , on July 13, 1943, he was seriously wounded by a Soviet artillery shell and lost his right arm. As a result, he was able to continue his studies in Vienna on October 1, 1943 - during his convalescence leave. In January 1945 he was charged with a dissertation on "The Origin of Salzburg ministerials" at the University of Vienna Doctor of Laws (Dr. iur.) Graduated . Previously, Hinterauer had already been released from military service in the summer of 1944 as "unfit for use in the war 2". Hinterauer completed his legal practice until May 1945 as a trainee lawyer and assessor at the Dornbirn District Court .

Professional background

After the liberation of Austria by the Allies in May 1945, Werner Hinterauer applied as head of the Vorarlberg State Invalid Office at the beginning of the occupation . He took up this position on February 1, 1946, initially provisionally. In 1949 he was formally appointed to the executive board. At the end of 1960, Hinterauer applied to the Administrative Court in Vienna as a councilor, i.e. administrative judge, and was appointed to such a position in March 1961. At the Administrative Court, he was in turn assigned to the two senates that dealt with war victims. Hinterauer quickly rose to the position of Senate President of the Administrative Court and was finally appointed in the fall of 1962 by the President of the Administrative Court to the Presidential Board, who had to support the President in the administration of justice. He subsequently remained active at the Administrative Court until 1982.

In 1969 Werner Hinterauer was appointed a substitute member of the Constitutional Court by the Federal President . On December 15, 1979, he was finally appointed a member of the Constitutional Court with effect from January 1, 1980, which he himself later described as the “high point of my judicial career”. On January 1, 1983, he was also elected one of the permanent speakers at the Constitutional Court, which he remained until he retired from the Constitutional Court on December 31, 1987. In January 1984 Hinterauer was appointed substitute judge of the Liechtenstein State Court.

Private life

Werner Hinterauer married Gertrude Obexer in Schwarzenberg in 1949 , with whom he had three children in 1950, 1953 and 1964.

Awards

literature

Web links

Individual evidence

  1. a b Kurt Heller : The Constitutional Court. The development of constitutional jurisdiction in Austria from the beginning to the present . Verlag Österreich , Vienna 2010, ISBN 978-3-7046-5495-3 , chapter short biographies of the members and substitute members of the Constitutional Court 1945-2010 , p. 633 .
  2. Werner Hinterauer: Werner Hinterauer . In: Clemens Jabloner , Heinz Mayer (ed.): Austrian jurisprudence in self-portrayals . Springer-Verlag , Vienna 2003, ISBN 3-211-83906-2 , p. 69 .