Werner Hoppe (lawyer)

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Werner Hoppe (born June 18, 1930 in Münster ; † July 9, 2009 ibid) was a German legal scholar and lawyer . He has emerged primarily with publications on the subjects of administrative , planning , building and environmental law . From 1972 to 1995 he held the chair for public building law, planning and environmental law at the law faculty of the Westphalian Wilhelms University in Münster. As a scientist and consultant, he has significantly influenced the development of public building, planning and environmental law in Germany and Europe. He is considered a pioneer of planning law and is the creator of the doctrine of balancing .

Live and act

Training and activity as a lawyer

Werner Hoppe studied law and was parallel to the clerkship in 1957 at the Law and Political Science Faculty of the Westphalian Wilhelms University in Münster at Karl Zuhorn with the dissertation The terms authority and community association and the legal status of the North Rhine-Westphalian regional associations to Dr. iur. PhD . After the second state examination , he became a lawyer in 1959 and helped to build the later law firm Baumeister Rechtsanwälte. Hoppe specialized in public law and made a name for himself primarily through procedures for territorial reform . In 1969 he was appointed notary .

As a university professor in Münster

In 1970 the Faculty of Law at the University of Münster habilitated him with the monograph Organ Disputes before the Administrative and Social Courts . In the following year, Werner Hoppe followed the call of full professor to the newly created chair for spatial planning and public law (later public building law, planning and environmental law) at Wilhelms University, which he held from 1972 until his retirement in 1995. From 1974 to 1976 he was active as Vice-Rector and first Deputy Rector and from 1980 to 1981 as Dean of the Faculty of Law in the university's academic administration. Over the years he has supervised five post-doctoral candidates and more than 100 doctoral students.

Scientific focus

Werner Hoppe was active as an expert and litigator, especially in his main areas of work, public building and planning law as well as environmental law , and as a scientist and consultant has significantly influenced the development of these areas of law in Germany and Europe. He is considered a pioneer of planning law and developed the theory of balancing . One of the focal points of his work was the hotly debated regional reform in North Rhine-Westphalia in the early to mid-1970s . He wrote several significant legal opinions on municipalities that were disputed cases at the time. Together with Hans-Werner Rengeling , he also wrote the book Legal Protection in Local Area Reform on this subject in 1973 . Constitutional standards presented to review restructuring laws.

In addition to regional planning and regional planning , the rapidly developing environmental law became the focus of his academic work in the following years, as it became increasingly important for building and planning law. Hoppe also published numerous specialist articles and books on this, such as the work The economic justifiability in environmental protection law , created with the collaboration of Pascale Kromarek and Ralf Bleicher . An inventory of the law of the European Economic Community (1984).

Werner Hoppe was a very productive author whose numerous books were published by well-known legal publishers such as Kohlhammer , Heymanns or CH Beck . For the series of short legal textbooks for study and practice he wrote the volume Environmental Law (1989) together with Martin Beckmann and the volume Public Construction Law (1995) together with Susan Grotefels , both of which are standard works in these fields. Another of his main works is the reference work The Jurisprudence on Building Planning Law (1995) , written together with Bernhard Stüer . In the volume Basic Questions of Planning Law , he has collected a selection of his authoritative publications in this area. The series, which he comprehensively conceived, The Law of Regional Planning and Regional Planning in the Federal Republic of Germany. A systematic overall presentation of federal and state law in individual editions , however, remained a torso and did not go beyond two volumes on the states of Rhineland-Palatinate (1986) and Lower Saxony (1987).

Hoppe also presented studies on questions of mining law and was the editor of a treatise on the reform of municipal financial equalization (1985) and a commentary on the law on environmental impact assessment (UVPG) (1995). Together with Michael Uechtritz , he most recently published the Handbook of Municipal Companies (first published in 2004).

Extensive involvement in committees and organizations

Hoppe always attached great importance to the connection between science and practice. As a nationally sought-after advisor, he wrote numerous legal opinions and was active in many committees. He was deputy chairman of the Association of German Constitutional Law Teachers , from 1980 to 1997 editor of the scientific journal Deutsches Verwaltungsblatt , from 1980 to 1997 managing director of the Central Institute for Spatial Planning and from 1981 to 1997 managing director of the Freiherr-vom-Stein-Institut, which he co-founded of the district council of North Rhine-Westphalia.

From 1985 to 1987 he was a member of the Environmental Council, from 1987 to 1990 the Advisory Council for Environmental Issues and from 1994 to 1998 the Advisory Council for Spatial Planning of the Federal Ministry for Spatial Planning, Building and Urban Development . He was a member of the German Academy for Urban Development and Regional Planning and a full member of the Academy for Spatial Research and Regional Planning Hanover .

In 1992 he was awarded the Order of Merit of the State of North Rhine-Westphalia for his services .

Active as a lawyer again after retiring

After his retirement in 1995, Hoppe worked again as a lawyer and of counsel at the law firm Gleiss Lutz in Stuttgart and Berlin, an activity that he wanted to continue until his 80th birthday.

Professor em. Dr. iur. Werner Hoppe died on July 9, 2009 at the age of 79 after a fall in Münster Central Station , from where he was on his way to Gleiss Lutz in Berlin. The reaction of Deutsche Bahn to this accident, "if you are traveling as an elderly person - which you don't have to do - then you just have to find out beforehand how to get on the platform", and its cause caused outrage and sparked a discussion about the condition of the train station in Münster.

Fonts

  • The terms regional authority and community association and the legal character of the North Rhine-Westphalian landscape associations , dissertation University of Münster 1958 (in print under this title as issue 21 of the administration and economy series , Stuttgart 1958)
  • together with Karl Zuhorn : Community Constitution (2nd, completely revised and expanded edition), Volume 1 of the series Das Gemeinderecht in Nordrhein-Westfalen , Siegburg 1962
  • Organ disputes before the administrative and social courts. Subjective public law under organizational law within legal administrative units , habilitation thesis, Siegburg 1970
  • Legal protection in the planning of roads and other traffic facilities , habilitation lecture (in print as Volume 8 of the series of the Neue juristische Wochenschrift , Munich 1971; 3rd, completely revised edition together with Hans Schlarmann and Reimar Buchner , Munich 2001, ISBN 3-406 -45708-8 )
  • together with Hans-Werner Rengeling (with the assistance of Otto Dahl ): The municipal land-use planning . On the basis of selected decisions exemplarily presented with regard to the property guarantee and the planning requirement to weigh up , series materials on public law (No. 4), Stuttgart, Munich and Hanover 1973 ( ISBN 3-415-00331-0 )
  • together with Hans-Werner Rengeling: Legal protection for municipal territorial reform . Constitutional standards for the review of restructuring laws , Volume 3 of the publications on German municipal law , Frankfurt am Main 1973 ( ISBN 3-7610-4403-8 )
  • Economic justifiability within the framework of the Federal Immission Control Act (BImSchG). Legal opinion prepared for the Federal Minister of the Interior on behalf of the Federal Environment Agency, Berlin , Volume 8 of the series of publications by the Federal Ministry of the Interior , Stuttgart, Berlin, Cologne and Mainz 1977 ( ISBN 3-17-004327-7 )
  • together with Werner Ernst : The public building and land law, spatial planning law. Short legal textbook for study and practice , Munich 1978 ( ISBN 3-406-04988-5 )
  • Intervention in line rights through road construction measures. Displacement and adaptation of supply lines as a result of road construction work as a compensation law problem. Legal opinion , Volume 17 of the series Law, Technology, Economy , Cologne, Berlin, Bonn and Munich 1979 ( ISBN 3-452-18580-X )
  • For construction planning evaluation of large open areas in the non-scheduled Interior according to § 34 BBauG , Series Taxationspraxis (L, No. 7), Wilnsdorf 1983 ( ISBN 3-89061-021-8 )
  • with the collaboration of Pascale Kromarek and Ralf Bleicher : The economic justifiability in environmental protection law . An inventory of the law of the European Economic Community , Volume 35 of the series Law, Technology, Economy , Cologne, Berlin, Bonn and Munich 1984 ( ISBN 3-452-19955-X )
  • as editor: Reform of the municipal financial equalization , Volume 4 of the series of publications of the District Council of North Rhine-Westphalia , Cologne 1985 ( ISBN 3-555-00611-8 )
  • National Park Ordinance "Lower Saxony Wadden Sea" and mining permissions , Volume 46 of the Law, Technology, Economy series , Cologne, Berlin, Bonn and Munich 1987 ( ISBN 3-452-20953-9 )
  • as editor and co-author: The law of regional planning and regional planning in the Federal Republic of Germany. A systematic overview of federal and state law in separate editions , Cologne, Berlin, Bonn and Munich
    • together with Rainard Menke : Regional planning and regional planning law of the federal government and the state of Rhineland-Palatinate , 1986 ( ISBN 3-452-20220-8 )
    • together with Jörg Schoeneberg : Spatial and regional planning law of the federal government and the state of Lower Saxony , Cologne, Berlin, Bonn and Munich 1987 ( ISBN 3-452-20803-6 )
  • together with Martin Beckmann : Legal bases and constitutional limits of the establishment and dissolution of water and soil associations , Volume 24 of the series on water law and water management , Berlin 1988 ( ISBN 3-503-02729-7 )
  • together with Martin Beckmann: Protection of real estate as mining approaches . A study of the scope of existing protection on the occasion of the north migration of mining in North Rhine-Westphalia , Volume 49 of the series Law, Technology, Economy , Cologne, Berlin, Bonn and Munich 1988 ( ISBN 3-452-21323-4 )
  • together with Martin Beckmann: Environmental Law. Short legal textbook for study and practice , Munich 1989 (2nd, completely revised edition together with Martin Beckmann and Petra Kauch , Munich 2000, ISBN 3-406-40448-0 )
  • as editor together with Alexander Schink : Local self-government and European integration , Volume 16 of the series of publications of the Freiherr-Vom-Stein-Institut , Cologne 1990 ( ISBN 3-555-00857-9 )
  • together with Martin Beckmann: Planning approval and planning approval in waste law . Proposals to facilitate the approval procedure under waste law. Legal opinion. Research report 103 03 313 , texts from the Federal Environment Agency (90.27), Berlin 1990
  • The tension between mine ownership and surface ownership in the light of constitutional law. Lecture given to the Legal Society in Berlin on October 17, 1990 , issue 123 of the series of publications by the Legal Society, Berlin , Berlin and New York 1991 ( ISBN 3-11-012902-7 )
  • as editor: Current problems of local self-government. Ten Years of the Freiherr-vom-Stein-Institut , Volume 17 of the publication series of the Freiherr-Vom-Stein-Institut , Cologne 1991 ( ISBN 3-555-00910-9 )
  • as editor: Jurisprudence . Second international symposium, Münster 1988 , Cologne, Berlin, Bonn and Munich 1992 ( ISBN 3-452-22037-0 )
  • together with Martin Schulte : Legal protection of the states in federal plan approval procedures. Shown using the example of monument protection in North Rhine-Westphalia , Volume 20 of the publication series of the Freiherr-Vom-Stein-Institut , Cologne 1993 ( ISBN 3-555-00994-X )
  • together with Bernhard Stüer : The case law on building planning law. RzB. Reference work with indexes of decisions, sources and subject matter , Stuttgart, Munich, Hanover, Berlin, Weimar and Dresden 1995 ( ISBN 3-415-02272-2 )
  • together with Susan Grotefels : Public Construction Law. Short legal textbook for study and practice , Munich 1995 (3rd edition with the collaboration of Jan-Dirk Just and Bernd Schieferdecker under the title Public Building Law. Building planning law with its references to spatial planning law, building regulation law , in the series Studium und Praxis , Munich 2004, ISBN 3 -406-52607-1 )
  • as editor: Law on Environmental Impact Assessment (UVPG). Commentary , Cologne, Berlin, Bonn and Munich 1995 (3rd, revised edition under the title Law on Environmental Impact Assessment (UVPG). Commentary with explanations on the Environmental Legal Remedies Act , Public Participation Act and Act to Accelerate Planning Processes for Infrastructure Projects , Cologne, Berlin, Bonn and Munich 2007, ISBN 978-3-452-26591-3 or ISBN 3-452-26591-9 )
  • As editor: Legal and application problems of the new building regulations NW , Volume 24 of the series of publications of the Freiherr-Vom-Stein-Institut , Cologne and Stuttgart 1996 ( ISBN 3-555-01095-6 )
  • as editor: Effects of the Recycling and Waste Management Act on the Waste Management Agency under public law , Volume 27 of the publication series of the Freiherr-Vom-Stein-Institut , Cologne and Stuttgart 1996 ( ISBN 3-555-01120-0 )
  • Basic questions of planning law. Selected publications , volume 182 of the contributions to spatial planning and to settlement and housing , Münster 1998 ( ISBN 3-88497-150-6 )
  • together with Clemens Weidemann : Administrative principles of dual disposal systems . The administrative legal relationship between system operators and municipalities , Volume 18 of the publications on German and European environmental law , Cologne, Berlin, Bonn and Munich 1999 ( ISBN 3-452-24301-X )
  • together with Wolfgang Spoerr : Mining law and spatial planning . Influences of the Building and Spatial Planning Act 1998 on legal positions under mining law and the limits of property law , Volume 31 of the Bochum Contributions to Mining and Energy Law , Stuttgart, Munich, Hanover, Berlin, Weimar and Dresden 1999 ( ISBN 3-415-02634-5 )
  • together with Bernhard Busch : Issues of urban development law with special consideration of railway areas , Volume 198 of the contributions to spatial planning and settlement and housing , Münster 2001 ( ISBN 3-88497-171-9 )
  • Safety responsibility in the railway sector . On the public and civil law responsibility of the railways, the network providers of the track and the manufacturers of rolling stock and infrastructure systems for rail safety , Volume 86 of the publication series Recht, Technik, Wirtschaft , Cologne, Berlin, Bonn and Munich 2002 ( ISBN 3-452 -25108-X )
  • as editor together with Michael Uechtritz : Handbuch Kommunale Unternehmen , Cologne 2004 (2nd, completely revised edition, Cologne 2007, ISBN 978-3-504-40090-3 or ISBN 3-504-40090-0 )

literature

  • Wilfried Erbguth (Ed.): Planning. Festschrift for Werner Hoppe on his 70th birthday . Beck, München 2000, 1124 (XI) S., ISBN 3-406-46279-0 (with detailed Hoppes bibliography)
  • Wilfried Erbguth (Ed.): Weighing up in law. Symposium and farewell to Werner Hoppe on June 30, 1995 in Münster on the occasion of his retirement . Heymann, Cologne, Berlin, Bonn and Munich 1996, 184 (VIII) S., ISBN 3-452-23431-2
  • Janbernd Oebbecke (ed.): Environmental law and municipal law. Colloquium on the occasion of Werner Hoppe's resignation as Managing Director of the Freiherr vom Stein Institute . Series of publications by the Freiherr Vom Stein Institute (Volume 30). Kohlhammer and Deutscher Gemeindeverlag, both Cologne 1998, 161 pages, ISBN 3-555-01166-9
  • Werner Hoppe . In: Kürschner's German Scholars Calendar 2003. 19th edition. Volume I: A - J. Bio-bibliographical directory of contemporary German-speaking scientists . KG Saur, Munich 2003, ISBN 3-598-23607-7 , p. 1391
  • Hans Schlarmann: Werner Hoppe † . In: NJW 2009, pp. 3562f.

Web links

Individual evidence

  1. ↑ a b c d N.N .: Pioneer of planning law. University of Münster mourns the loss of Prof. Dr. Werner Hoppe , press release from the Westphalian Wilhelms University of Münster on July 15, 2009; Retrieved July 15, 2009
  2. ↑ http://www.stueer.business.t-online.de/aufsatzc/dvbl1200.pdf
  3. ↑ furrier German scholar calendar 2003. Volume I: A - J . KG Saur, Munich 2003, p. 1391
  4. ↑ Karin Völker and Claudia Kramer-Santel: Death Fall: Outrage over the Railway , in: Westfälische Nachrichten of July 14, 2009 (online edition); Retrieved July 15, 2009
personal data
SURNAME Hoppe, Werner
BRIEF DESCRIPTION German legal scholar and lawyer
DATE OF BIRTH June 18, 1930
PLACE OF BIRTH Muenster
DATE OF DEATH July 9, 2009
Place of death Muenster