Wolfgang Spellbrink

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Wolfgang Spellbrink (* 1956 in Stadtsteinach ) is a German lawyer and presiding judge at the Federal Social Court .

Life

Wolfgang Spellbrink studied law and psychology in Berlin and Lausanne . He then initially worked at the Max Planck Institute for Human Development there. His thesis at Wolfgang Edelstein was about the development of I - resources .

He passed the first state examination in law in 1987. A traineeship in the district of the Higher Regional Court of Celle then followed. Then Spellbrink joined Lower Saxony's social justice system as a judge in 1990 . During this time he also did his doctorate on performance auditing in statutory health insurance with Gunther Schwerdtfeger . From 1994 to 1998 he was a judge at the Regional Social Court in Celle .

The appeal to judge at the Federal Social Court took place on March 1, 1998, where he was assigned to the 7th Senate ( employment promotion ). Since 2005 Spellbrink has belonged to the 7a./7b. Senate, which was responsible for cases from the legal area of basic security for jobseekers according to Book Two of the Social Code ("Hartz IV"). From July 2007 to the end of 2010 he was deputy chairman of the 14th Senate, where he also dealt with disputes arising from the law of basic security for job seekers. He then moved to the second senate responsible for statutory accident insurance as deputy chairman . On August 16, 2016, Wolfgang Spellbrink was appointed presiding judge of the second senate. He was a member of the presidium of the court from 2003 to 2014 and of the presidial council from July 2006 to June 2010.

In addition to his work as a federal judge, Wolfgang Spellbrink helped set up the cooperative master’s degree in “Social Law and Social Economy” at the University of Kassel , of which he has been a lecturer since 2005. He was appointed honorary professor in 2010.

Spellbrink is co-editor of the Neue Zeitschrift für Sozialrecht and the Zeitschrift Sozialrecht aktuell . He heads the commission on SGB II in the German Social Court Conference .

Positions

Spellbrink has dealt in numerous publications with the basic rights in social law and with the basic security for job seekers as well as with the employment promotion law. With a view to the reform of the unemployment insurance carried out as part of the Hartz legislation , Spellbrink was one of the lawyers who had raised constitutional concerns beforehand . In view of the reductions in benefits in the area of SGB ​​III at the time , he drew the lower limit for what the contributor could achieve in any case by self-help. A compulsory insurance should not provide less or destroy one's own provision, otherwise it would violate the basic right of general freedom of action according to Art. 2 Para. 1 of the Basic Law.

Fonts (selection)

  • Wolfgang Spellbrink: Performance audit in statutory health insurance physicians according to the Health Structure Act . Luchterhand publishing house. Zugl .: Hannover, Univ., Diss., 1993. Neuwied, Kriftel, Berlin. 1994. ISBN 3-472-01647-7
  • Wolfgang Spellbrink, together with Wolfgang Eicher as editor (up to the 2nd edition): SGB ​​II - basic security for job seekers. Comment. C. H. Beck. Munich. 2nd Edition. 2008. ISBN 978-3-406-55833-7
  • Wolfgang Spellbrink: Accident insurance cover when working in the home office and when on call . In: New Journal for Social Law (NZS) . 2016, ISSN  0941-7915 , p. 527-531 .
  • Wolfgang Spellbrink: Is there a new BSG case law on causality checks in statutory accident insurance? In: The Social Courts (SGb) . 2017, ISSN  0490-1657 , p. 1-5 .

Web links

Individual evidence

  1. ↑ Unless otherwise stated, the description of the curriculum vitae follows the description in: Catholic Forum Lower Saxony: Prof. Dr. Wolfgang Spellbrink, judge at the Federal Social Court, Kassel . June 28, 2011. Retrieved January 12, 2015.
  2. ↑ Media information No. 17/16. Two presiding judges and three presiding judges appointed at the Federal Social Court. Federal Social Court, August 16, 2016, accessed on March 1, 2017 .
  3. ^ Hartz reform: lawyers see fundamental rights violated . In: Spiegel online. August 5, 2004. Retrieved January 11, 2014.
personal data
SURNAME Spellbrink, Wolfgang
BRIEF DESCRIPTION German lawyer and judge at the Federal Social Court
DATE OF BIRTH 1956
PLACE OF BIRTH Stadtsteinach