Wolfgang Nešković

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Wolfgang Nešković (2009)

Wolfgang-Dragi Willi Nešković (born June 3, 1948 in Lübeck ) is a non-party German politician and former judge at the Federal Court of Justice . He was a member of the SPD , the Greens and sat for the left in the Bundestag. For seven years he was on the parliamentary control body , which was supposed to control the activities of the secret service, and on the BND investigation committee , which dealt with the entanglements of Germany and the US secret service. After leaving the left-wing parliamentary group in December 2012, he was the only non-attached member of the 17th German Bundestag until 2013 . In 2015 he took over the editing of the German edition of the CIA torture report . In his hometown Lübeck he has been involved in local politics in the citizenship since 2018 , he is a member of the “The Independents” faction.

Life and work

The son of a Serbian bricklayer and a German seamstress, after graduating from high school in 1968 at the Johanneum in Lübeck , studied law at the University of Hamburg , which he completed in 1974 with the first state examination in law. Wolfgang Nešković then worked for a year as a research assistant at the University of Hamburg and then did his legal clerkship , which he completed in 1977 with the second state examination. He then worked as a lawyer in a law firm at the Schleswig Higher Regional Court . In 1978 he became a judge in the Lübeck district court and finally a judge at the Lübeck district court in 1981 . In 1990 he was appointed presiding judge here .

Nešković became known for his efforts in the field of cannabis legalization . Its submission as part of a specific regulatory review led in 1994 to the cannabis decision of the Federal Constitutional Court , with which the criminal liability of possession of small quantities for personal consumption was generally classified as constitutionally disproportionate. He is a member of the Schildower Kreis , which campaigns for the legalization of drugs .

In 2001 he was elected judge at the Federal Court of Justice, although the presidential council of the court had classified him as “technically unsuitable” because he had never been seconded to a higher regional court at his own request . His rival Olaf Hoepner , presiding judge at the Schleswig Higher Regional Court, challenged the election with a rival lawsuit. The Schleswig-Holstein Higher Administrative Court finally rejected the action in an urgent procedure at the end of July 2002; Nešković began his judicial work at the Federal Court of Justice in August 2002. The Presidium of the Federal Court of Justice referred him to the IX. Civil Senate too. His judicial activity has been suspended since his election as a member of the German Bundestag.

Wolfgang Nešković was a member of the federal executive committee of the New Judges Association and its spokesman for several years . He is a founding member and one of the board members of the Solidarity Modern Institute .

In January 2015 Nešković took over the editing of the German edition of the CIA torture report published two months earlier , which documented the torture practice of the CIA in the course of the " war on terror ", and showed the importance of the report for Germany and Europe. In his foreword he went into the content of the torture report as well as the background in American society: “A clear majority of Americans approve of the torture measures and do not discuss their permissibility or inadmissibility, but at most their usefulness. “He emphasized that in Germany it is not the judiciary but politics that is responsible for drawing the conclusions from breaking the law. Neskovic therefore hoped for an instruction from Justice Minister Heiko Maas - who said after the publication of the CIA report: “Such methods are not justified by anything. All those involved must be held criminally accountable ”- to Attorney General Harald Range to open proceedings.

In 2016 he was involved in the Capitalism Tribunal in Vienna.

Party memberships

From 1979 to 1994 Nešković was a member of the SPD , for over twelve years he was state chairman of the working group of social democratic lawyers and a member of the SPD state executive in Schleswig-Holstein .

In 1995 he became a member of Bündnis 90 / Die Grünen and was state chairman of the state working group on democracy and law from 1995 to 1999 . In 2000 he was supposed to be expelled from the party because of critical statements. The background to this was his statement that anyone who wanted to choose green ideas should not choose green. In connection with the Kosovo war , he also described Joschka Fischer as foreign minister as no longer acceptable. The procedure was ended with a settlement.

In 2005 Nešković resigned from the Greens and won a seat in the Bundestag for Die Linke in the Bundestag election via the Brandenburg party list; in the 2009 federal election he won a direct mandate for the same party in the constituency of Cottbus - Spree-Neisse . Because of the lignite-friendly politics of the left in Brandenburg, he resigned from the parliamentary group in December 2012 and ran in the same constituency as an independent candidate for the 2013 federal election . He was given an outsider chance, but received only 8 percent of the vote.

MP

Since 2005 Nešković was a member of the German Bundestag and the left parliamentary group there . He had been a member of the Parliamentary Control Committee (PKGr) since 2005 and was a member of the committee of inquiry that dealt with the Murat Kurnaz case . In December 2009 he was not confirmed in this function by the majority in the Bundestag. The process was considered unusual, so the Left Party put Nešković up for election again. In January 2010 he was elected to the parliamentary control body with the required majority at the second attempt, which he had to leave in December 2012. In 2008/2009 he was also deputy chairman of the Left Party in the German Bundestag. Since 2009 he was directly elected member of constituency 65 (Cottbus / Spree-Neiße) in Brandenburg in the Bundestag , and was head of the election committee and member of the judges' committee during this legislative period .

On January 23, 2007, the press reported that two " listening devices " had been found in Nešković's office . These turned out to be computer microphones that two SPD employees from the Rhineland, who had previously used the office space, placed on the lamps as a joke.

Nešković, who had already made public criticism as a member of the SPD and the Greens, also expressed himself critical of the politics of the left as a left-wing MP. In a newspaper interview on December 29, 2010, for example, he stated that he feared, with regard to the state politics of the left in Brandenburg, that the Social Democrats would overtake them on the left. He described the Brandenburg Minister of Economic Affairs Ralf Christoffers from the Left as a wrong choice because he made politics to the right of the SPD.

On December 13, 2012 Nešković declared his resignation from the left-wing faction . He justified his move with hostility after he had criticized the red-red state government of Brandenburg ( Cabinet Platzeck III ). Membership in a parliamentary group is not compatible with this. In the 2013 federal election , he ran as a non-party candidate in the Cottbus - Spree-Neisse constituency to defend his direct mandate and received 8.1% of the first votes. The direct mandate went to the candidate of the CDU , Klaus-Peter Schulze , who received 35.9% of the votes.

In the 2018 local elections in Lübeck, he was elected to the citizenship of the Hanseatic city. He belongs to the faction of the voters' initiative "The Independents", of which he was a founding member. He is chairman of the citizenship committee for culture and monument preservation.

Publications (selection)

  • Wolfgang Nešković (ed.): The CIA Torture Report - The official report of the US Senate on the CIA's internment and interrogation program . Westend-Verlag, 624 pp. ISBN 978-3-86489-093-2
  • We need the appropriate draft constitution. In: Haus Bartleby (ed.): The Capitalism Tribunal. On the Revolution of Economic Rights (The Red Book). Edited by Alix Faßmann , Anselm Lenz and Hendrik Sodenkamp . Translated by Corinna Popp, Viktor Kucharski, Anselm Lenz. Haus Bartleby eV, Vienna: Passagen Verlag 2016, ISBN 978-3-7092-0220-3 , pp. 19-24.

Individual evidence

  1. ↑ Cross head leaves the left fraction. Taz.de, accessed on December 18, 2012 .
  2. ↑ Order for reference by the Lübeck Regional Court on the compatibility of the cannabis ban with the Basic Law
  3. ↑ BVerfGE 90, 145
  4. ↑ Information about the individuals active in the Schildower Kreis. Schildower Kreis , accessed December 10, 2019 .
  5. ↑ Dietmar Hipp: Like at the cattle market. Der Spiegel 43/2001, accessed on January 19, 2020.
  6. ↑ OVG Schleswig NJW 2001, 3495 = DVBl 2002, 134 = NordÖR 2001, 456 cf. also the comments on the judgment by Habel, Betrifft Justiz 2002, 254 (in the supplement approving the OVG); Bull , Subject Justice 2001, 208; Bertram, NJW 2001, 3167; Schulze-Fielitz, JZ 2002, 144 (all three critical to the decision of the OVG)
  7. ^ Founding board and board of trustees of the Solidarity Modern Institute ( Memento from February 3, 2010 in the Internet Archive )
  8. ↑ Roland Peters: CIA torture in Germany - How an ex-judge tears apart US terror. n-tv , January 20, 2015, accessed on January 21, 2015 .
  9. ↑ Nešković: We need the right draft constitution. In: Haus Bartleby (ed.): The Capitalism Tribunal. On the Revolution of Economic Rights (The Red Book). Edited by Alix Faßmann , Anselm Lenz and Hendrik Sodenkamp . Translated by Corinna Popp, Viktor Kucharski, Anselm Lenz. Haus Bartleby eV Passagen Verlag, Vienna 2016, ISBN 978-3-7092-0220-3 , pp. 19-24.
  10. ↑ Nešković leaves the parliamentary group after internal quarrels. Die Zeit , December 13, 2012, accessed on May 12, 2016 .
  11. ↑ Direct candidate Nešković without a chance. The lignite opponent Wolfgang Nešković missed the entry into the Bundestag. klimaretter.info , September 23, 2013, accessed on May 12, 2016 .
  12. ↑ Secret service control again with the Left Party. tagesschau.de, archived from the original on January 22, 2010 ; Retrieved December 18, 2012 .
  13. ↑ Wolfgang Nešković elected deputy chairman of the parliamentary group , presseportal, February 12, 2008
  14. ^ Members of the electoral committee . German Bundestag , archived from the original on October 19, 2013 ; Retrieved May 12, 2013 .
  15. ↑ Bundestag appoints new bodies. German Bundestag , archived from the original on September 28, 2013 ; Retrieved May 12, 2013 .
  16. ↑ The "wiretapping affair" about Neskovic turns out to be a joke. In: spiegel.de. March 26, 2007, accessed December 18, 2012 .
  17. ↑ “This is how the social democrats overtake us from the left” ( Memento from January 2, 2011 in the Internet Archive ), PNN from December 29, 2010.
  18. ^ Ex-federal judge Nešković leaves the left-wing faction , spiegel.de, December 13, 2012, accessed on December 16, 2016.
  19. ↑ Nešković resigns from the parliamentary group after internal quarrels , zeit.de , December 13, 2012, accessed on December 16, 2016.
  20. ↑ A real representative of the people. Wolfgang Nešković, March 25, 2013, accessed June 17, 2013 .
  21. ↑ wahl.tagesschau.de ( memento from September 27, 2013 in the Internet Archive ), September 22, 2013.
  22. ↑ Portrait , “The Independents” parliamentary group, accessed on January 9, 2020.
  23. ↑ Citizenship of the Hanseatic City of Lübeck , accessed on January 19, 2020.

Web links

Commons : Wolfgang Nešković  - collection of images, videos and audio files
personal data
SURNAME Nešković, Wolfgang
ALTERNATIVE NAMES Nešković, Wolfgang-Dragi Willi (full name)
BRIEF DESCRIPTION German lawyer and politician (SPD, Bündnis 90 / Die Grünen, die Linke), Member of the Bundestag and judge at the Federal Court of Justice
DATE OF BIRTH June 3, 1948
PLACE OF BIRTH Lübeck