Winfried Kluth

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Winfried Kluth (born February 20, 1959 in Bonn ) is Professor of Public Law at the Martin Luther University Halle-Wittenberg and former judge at the State Constitutional Court of Saxony-Anhalt in Dessau-Roßlau . At the same time, he is the chairman of the board of the Institute for Chamber Law eV and managing director of the Institute for Market Regulation and Professional Law.

Career

From 1979 to 1981 Kluth studied law and history at the Rheinische Friedrich-Wilhelms-Universität Bonn and from 1981 to 1984 at the Westfälische Wilhelms-Universität in Münster . In 1984 he passed the first state examination in law. From 1984 to 1987 he was a research assistant at the Municipal Science Institute of the University of Münster. In 1987, a doctorate from the Law Faculty of the WWU Münster followed with the work Limits to Municipal Competition Participation . In 1991 he passed the second state examination in law in North Rhine-Westphalia.

From 1992 to 1996 he was a research assistant at the Institute for Constitutional Law at the University of Cologne, and in 1996 he was qualified as a lecturer at the Faculty of Law at the University of Cologne with a thesis on functional self-administration . In the winter semester 1996/97, substitute professorship at the Westphalian Wilhelms University in Münster. From 1997 to 1998 substitute professor at the Ludwig Maximilians University in Munich . Since the winter semester 1998/99, Kluth has held the chair for public law at the Martin Luther University Halle-Wittenberg .

From December 2000 to December 2014 he was a judge at the State Constitutional Court of Saxony-Anhalt.

He is also a member of the Academy for Ethics in Medicine (Göttingen), the German Society for Medical Law (DGMR) eV, the Interdisciplinary Scientific Center for Medical Ethics Law at the Martin Luther University Halle-Wittenberg (IWZ MER) and the Scientific Advisory board of the DGMR. He is also co-editor and editor of the magazine for immigration law and policy on foreigners (ZAR).

Opinion on the prohibition of discrimination

Kluth's statements on April 21, 2010 before the Legal Committee of the German Bundestag on three drafts for a constitutional ban on discrimination on the basis of “sexual identity” led to criticism from migrant and homosexual associations.

Kluth, who had been appointed by the CDU parliamentary group, like the majority of the experts heard, rejected a constitutional amendment. In his report he wrote:

“In the state sector, one can no longer speak of a noticeable potential for discrimination with regard to sexual identity that goes beyond the general effects of diversity of opinion and different ideas about ways of life”.

Kluth assumed "that for large parts of the Muslim population or immigrants it would be more difficult to identify with the constitution and the state and social order it shaped". As a result, the Lesbian and Gay Association in Germany and the Turkish Federation in Berlin-Brandenburg accused Kluth and the CDU of playing off groups of the population against one another and of trying to "disguise their own reservations about homosexuals by improperly instrumentalizing Muslims". The Central Council of Muslims joined this protest.

Publications (selection)

  • Limits of municipal participation in competition. Limits of economic activity by municipalities and municipal associations in competition with private individuals in the field of social economy. On the dogmatics of the economic activity of the state , Cologne / Berlin / Bonn / Munich, Heymann 1988, ISBN 3-452-21302-1
  • The democratic legitimation of the European Union. An analysis of the thesis of the democratic deficit of the European Union from a common European constitutional perspective , Berlin 1995, Duncker and Humblot, ISBN 3-428-08307-5
  • Functional self-administration. Constitutional status - constitutional protection , Tübingen 1995, Mohr Siebeck, ISBN 3-16-146815-5
  • Constitutional and European law issues relating to a legal restriction on the supply of medical aids by doctors , Berlin 2004, Erich Schmidt, ISBN 3-503-06389-7
  • Federalism Reform Act. Introduction and commentary , (Ed.), Baden-Baden 2007, Nomos, ISBN 978-3-8329-2540-6

Web links

Individual evidence

  1. ↑ Bernharnd Bode: Protection against Discrimination ( Memento from April 19, 2012 in the Internet Archive ), Das Parlament , April 26, 2010
  2. ↑ a b Winfried Kluth: Written statement ( Memento of December 14, 2010 in the Internet Archive ) (13 pages pdf; 212 kB), April 20, 2010, page 12
  3. ^ LSVD: CDU stirs up "reservations about homosexuals" , Queer.de , April 26, 2010
  4. ↑ Central Council of Muslims opposes the instrumentalisation of Muslims against homosexuals , press release, May 10, 2010
personal data
SURNAME Kluth, Winfried
BRIEF DESCRIPTION German lawyer, professor of public law and judge
DATE OF BIRTH February 20, 1959
PLACE OF BIRTH Bonn