Research Activities at the Faculty
Research activity at the Faculty of Law concentrates on the areas of specialisation of the individual departments and institutes. A brief overview is given below.
Civil Law (in alphabetical order)
Prof. Ekkehard Becker-Eberhard
Chair of Civil Law and Law of Civil Procedure
Prof. Becker-Eberhard held and/or organized various events with Prof. Berger in 2006 within the framework of the Institute of Solicitors’s Law. The Handbook of Provisional Legal Protection released by Prof. Berger has been published, and Prof. Becker-Eberhard wrote the chapters regarding: Costs, Liability for Compensation for Damages, and Provisional Directives in Family Matters. Additionally, various other publications have been prepared which either have already been published or will appear in 2007, including Commentaries on Paragraphs §§ 253 – 271 in the Commentary on Commercial Law (Münchener Kommentar) and the new edition of the Commentaries on Advertising Law for Freelance Professions in the Commentary regarding Competition Law (UWG) by Prof. Dr. K.-H. Fezer.
PD Dr. Bettina Heiderhoff prepared the second edition of the instructional book “EU Community Civil Law” in 2006. Furthermore, she concluded the Report of German Federal States in: Bergmann/Ferid/Henrich, International Matrimonial Law and Children’s Law with Citi-zenship Law, loose-leaf collection of materials. It will be published in early 2007.
She also prepared a number of contributions for technical and academic journals and organ-ized the convention “Loan Security in Poland and Germany”.
Our research staff-member Claudia Apel gave a presentation in May 2006 regarding her report on the topic “Typical Agreements in the Context of Execution of a Land Charge Serving as Collateral”. The presentation was carried out within the framework of the convention in Leipzig “Loan Security Law in Poland, Germany and Europe” organized by the Institute of Solicitors’s Law and the Institute of Law of Banking and Capital Markets of the Universität Leipzig in collaboration with the Institute for International Private Law of the University Kat-towice. Moreover, Frau Apel assisted in an organizational context with preparation and execution of the 17th Annual Convention of the Gesellschaft Junger Zivilrechtswissenschaftler e. V. (Civil Law Researchers) which took place in Leipzig from the 6th to the 9th of September 2006 under the general topic “Responsibility and Liability”. Roughly 170 research staff-members and assistants from Germany, Austria and Switzerland participated. The reports will be published in the 2006 Yearbook of Young Civil Law Researchers, which will appear in 2007 with con-tributions by Frau Apel.
To conclude, Frau Apel carried on with her doctoral dissertation on the topic “The Civil Code’s Right to Claim Restitution in the Liability System of the Bankruptcy Act – Content and Resistance Against Insolvency of Rights in Rem and in Personam to claim Restitution of Property” She is researching the various contents of the right to claim to restitution of prop-erty, standardized within the Civil Code, and how the opening of insolvency proceedings con-cerning the assets of the restitution debtor can affect the specific rights to claim restoration.
Our former colleague Katja Cremer, née Krautheim has successfully completed her doctor-ate proceedings within the deadline with a thesis covering the topic “The Preservation of Confidentiality Observed During Mediation in Subsequent Legal Action”. It concerns the issue of whether, and if so, then to what extent, information exchanged during mediation proceedings can be utilized in successive court proceedings, and whether the involved parties can exclude the disclosure of certain facts by means of pre-trial agreements. The work was published the end of 2006.
Prof. Christian Berger
Chair of Civil Law, Law of Civil Procedure and Copyright
Prof. Berger's current research focuses on the German Copyright Law, civil law, civil procedure law and the execution and insolvency law.
Professor Berger is editor of a Handbook on Temporary Relief in Civil Law, which was published in 2006. He also is co-editor of the series “Studies on Civil Law” and “Scripts Concerning Intellectual Property and Competition Law”.
Moreover, Prof. Berger edits the textbook on execution and bankruptcy law, which was edited by Prof. Jauernig in the past. The book is going to be published in 2007. 2006 also saw the publication of the second edition of the textbook on property law, which he edits in co-authorship with Prof. Wolfgang Brehm.
Furthermore, Prof. Berger edited the contributions to and a documentation of the 7th Leipzig Conference on Insolvency Law organised by the Research Institute for Lawyers' Professional Law (Institut für Anwaltsrecht) and the Leipzig Insolvency Law Incorporated Society (Leipziger Insolvenzrechtstag e.V.). This year's conference welcomed 230 participants, which means that it has already become one of the largest symposia on insolvency Law in Germany.
Prof. Berger is a member of the managing committee of the Association for Intellectual Property Law (Verein für Gewerblichen Rechtsschutz und Urheberrecht, GRUR), section Middle and East Germany, as well as a member of this association´s Commission on Copyright and Publishing Law. Moreover, he is a member of the managing committee of the Leipzig Insolvency Law Incorporated Society.
Research assistant Frank Skamel is preparing his doctoral dissertation on Sales Law, research assistant Vera Glas a doctoral dissertation on Copyright Law. Research assistant Juliane Weidmüller starts to prepare a doctoral dissertation on insolvency law. Prof. Burkhard Boemke
Chair of Civil Law, Labour and Social Law
Prof. Boemke in collaboration with the lawyer Dr. Danko presented in 2006 the work “Anti-Discrimination Law in Labour Legislation”, which will be published by the Springer Verlag in 2007. The book explains - systematically, scientifically-based and at the same time with a practical orientation - the new situation for the law with consideration of the European legal background. Particularly, the repercussions of the Anti-Discrimination Law upon daily life within an enterprise are thoroughly illustrated.
In addition to this book, Prof. Boemke was able to complete the second edition of his Springer Verlag Case Collection for Labour Legislation, which will appear in the spring of 2007. Moreover, his on-going efforts were continued on his Commentaries Regarding the Employee Invention Act which will appear in the so-called “Green Series of Commentaries for Labour Legislation” with the publisher C.H. Beck.
Work was initiated on a new opus “Deployment of Employees; Employee-Secondment Law and Collective Bargaining Contracts”, which will appear in the SAXONIA Verlag für Recht, Wirtschaft und Kultur GmbH.
Along with numerous magazine contributions and commentaries on various verdicts, the work was finally completed for the Handbook of Commentaries Regarding Labour Legislation which was published by the NOMOS Verlag. In the work published by Prof. Dr. Däubler and the lawyers Hjort, Hummel and Wolmerath, Prof. Boemke provided commentary, jointly with the Research Assistant Lawyer Bernhard Ulrici, on the Regulations in the paragraphs §§ 305 – 310 of the Civil Code.
Furthermore, the Research Staff-Member Solicitor Bernhard Ulrici completed his contribution to the Hümmerich/Boecken/Düwell Lawyers’ Commentaries on Labour Legislation, which will appear in May of 2007 in the Anwaltverlag. In the two-volume Commentaries regarding numerous labour laws, Research Staff-Member Solicitor Bernhard Ulrici explained paragraphs §§ 2-5, 9, 10 of the German Law on Temporary Employment.
Within the Chair, currently about 20 doctoral candidates are being advised regarding topics in labour legislation. The pre-doctoral proceedings of Lars Mohnke, Michael Weiß, Carsten Helmert and Christine Wilhelm were successfully brought to conclusion.
Prof. Tim Drygala
Chair of Civil Law, Commercial Law, Company and Economic Law
As the holder of the Chair in Legal Economics, Prof. Drygala carried out research in 2006 primarily in the area of corporate enterprise law. He prepared Comments Regarding the Law of Registered Shares as well as Comments Regarding Regulations for Purchasing Private Shares (§§ 67 ff. AktG) for the Cologne Comments Regarding Share Law (together with Prof. Dr. Dr. h.c. Marcus Lutter). Prof. Drygala published in the Swiss Magazine for Business Law an essay concerning “Capital Gains by Means of a Set-Off with Credit Balance vis-à-vis a PLC According to German Law” (SZW 2006, 245–255). Furthermore, Prof. Drygala commented on a decision by the European Court (EuGH), which investigated the issue of Cross-Border Mergers (EWiR 2006, 25-26). Together with Prof. Dr. Dr. h.c. Marcus Lutter he was also involved in the issue of International Mergers of European Companies (JZ 2006, 770-776).
In addition, Prof. Drygala was engaged in an essay involving the legal concept of registered capital and the altered point of view in reference to this legal institution (“Registered Capital - Regarding the Altered Understanding of the System of Fixed Capital and its Consequences” ZGR 2006, 587-637). Moreover, Prof. Drygala wrote a design for a Partnership with Limited Liability (“KmbH”) as an alternative to the legal form of the Private Limited Company (“GmbH”) “Promoting an Alternative Legal Form in Addition to a Reformed PLC – Leipzig Design of a Partnership with Limited Liability -‘Kommanditgesellschaft’ [KmbH]” for ZIP 2006, 1797-1805.
In the commemorative volume for Ulrich Huber, he is presented through a contribution concerning “Corporate Law for Post-Formation Acquisition of Capital Goods between the Raising of Capital and the Maintenance of Capital”
Prof. Franz Häuser
Chair of Civil Law, Bank and Stock Exchange Law, Labour Law
Prof. Häuser currently holds the chair for bank and stock exchange law (until 1999 an endowed chair).
See under: Institute of German and International Law of Banking and Capital Markets
Prof. Bernd-Rüdiger Kern
Chair of Civil Law, Legal History and Medical Law
Researcher’s efforts are focused on the German legal history, on the German medical law and on special topics of nowadays German civil law.
Prof. Kern’s major interest in German legal history is the history of science of law. A certain part of this project is the research on biographies of lawyers named „Germanisten“, who lived and worked namely in the 19th century. The project tries to find out, whether the „German-istik“ was a certain field of jurisprudence before 1800. On behalf of the 600th centennaire of the University of Leipzig to come in 2009 Kern joins the work of the University Committee of History as one of its responsible members. For that reason the chair has been undertaking lectures and seminars with student’s participation focused on the history of the Faculty of Law of the University of Leipzig. Main topic in 2005 was therefore life and work of Christian Thomasius. In 2005 the chair spent effort on further legal questions of special historical inter-est. Recent publications and reports dealt with problems of the law of improper performance, of damage, of property and of inheritance. Furthermore the history of the German Reichsgericht, its sentences and the role of the court during the process of German legal unifi-cation by 1900 is focused. This includes the formation of special chambers of the Reichsgericht following tendencies of specialization and sophistication of law. Further, older and lower Saxonian courts get involved too, e. g. the so called Schöffenstuhl of Leipzig, the University of Leipzig and the Faculty of Law oft the University of Leipzig in their special role as own courts. Kern and Schmidt-Recla have published the volume “125 Years of Reichsgericht” in 2006.
In December 2006 Adrian Schmidt-Recla succeeded with his postdoctoral graduation. Based on his script “Kalte oder warme Hand? Verfügungen von Todes wegen im fränkischen und sächsischen Recht des Mittelalters” the Faculty of Law conferred him the venia legendi for German and European History of Law, Civil Law and Medical Law.
Research in German medical law concentrates on the so called informed-consent-doctrine that is at first hand developed by jurisdiction. The treatment of a non informed patient is still one of the major risks for the physician. Our research attempts to put the results found by courts into a systematic order, to find out general rules when possible and thus to define several legal norms.
Physician’s legal liability changes itself due to various, often politically forced influences. Economic restrictions for instance are of very special scientific interest. In Germany, there is nowadays a debate, whether they do influence the professional standard obliged by the physi-cian. New technical developments – for instance methods of modern media of communication – have to be proved, whether they change the physician’s obligations, too. Moreover the vari-ous cases of medical mistreatment of patients need scientific effort spent on systematic order.
Legal and ethical questions occur due to modern methods of biomedicine evolve rapidly. Le-gally most interesting questions are raised by are human genetics, modern gynaecological and obstetrical diagnostics (prenatal and preimplantational), transplantation of organics and euthanasia. The chair is involved in this so called bioethical debate by publications, reports and by participation in committees of ethics and interdisciplinary university centres.
Law of non-performance, of unjust enrichment and of damage is Prof. Kern’s very special interest in civil law in general.
Prof. Thomas Rauscher
Chair of International Private Law, Comparative Law and Civil Law
Prof Rauscher started the preparation of a completely revised edition of his textbook on family law which is scheduled for edition in late 2007. In addition several contributions on Family and Succession Law have been published in legal journals.
The development in European Civil Law and European Law of Civil Procedure continued to be an important topic of research.
A completely revised and significantly extended second edition of Prof Rauscher’s (as editor and co-author) commentary on the European Law of Civil Procedure (first edition 2003) is has been published in summer 2006. Prof Rauscher contributed a significantly bigger part to this book as an author.
Being the regional member of the managing committee of Deutsch-Amerikanische-Juristenvereinigung (German-American-Lawyers-Association) Prof Rauscher had the pleasure to welcome several colleagues from U.S. law schools giving speeches on actual questions concerning U.S. and international legal matters.
Prof Rauscher, director of the Institute for Foreign and European Private Law and Civil Procedure is responsible for approximately 20 doctoral candidates of which four are (part time-) assistants. Subjects of those doctoral projects refer to Private International Law, Comparative Law, Civil Procedure and Family Law
Prof. Reinhard Welter
Chair of Civil Law, German and International Commercial Law
Since joining the Universität Leipzig in 1998, Prof. Welter has been in charge of the Department of Civil Law, German and International Commercial Law.
See under: Institute of German and International Law of Banking and Capital Markets
Criminal Law
Criminal Law (in alphabetical order)
Prof. Michael Kahlo
Chair of Criminal Law, Law of Criminal Procedure and Philosophy of Law
The majority of Prof. Kahlo’s criminal law research activities in 2006 focused, first of all, on continuation of his work on A Basic Theory Regarding the Relationship between Criminal Injustice, Criminal Law Culpability and Governmental Punishment. Of particular significance for the research year were the legal issues involving euthanasia and government-sanctioned torture. With the further investigations of these legal issues underway, the research previously begun in 2005 was continued (compare the research report of the previous year). The following projects and activities are, representing the most important, listed here first of all:
- Organisation and accomplishment of a German-Slovenian seminar with the topic of “Prohibition of the Use of Force as a Basis for the Legal System” (together with Prof. Dr. Christoph Enders, Leipzig, and Prof. Dr. Janez Kranjc, Department of Law at the University of Ljubljana) in April 2006 in Leipzig; With this event, the partnership collaboration between the Department of Law at the Leipzig University and the Department of Law at the University of Ljubljana/Slovenia was continued. This collaboration has occurred every year since 2002 under the auspices of an existing international project “The Governmental Legal System Confronted with the Challenges of Technology and Internationalisation”, within the framework of which this seminar took place, indeed, for the first time with participation by the Embassy of the Republic of Slovenia;
- Participation (including a lecture) in a colloquium organized by the Saxony State Office for Political Education in connection with Amnesty International at the Regional Court Chemnitz on the topic “Government-Sanctioned Torture?”;
- Participation in organization and accomplishment of an interdisciplinary lecture series organized by the Institute of the Fundamentals of Law on the topic “The Living Will and Autonomy of the Individual”, previously begun in WS 2005/2006 and continued in SS 2006;
- Treatise on the issue “Paternalism in German Criminal Law regarding Euthanasia?” (Contribution included in the collected volume regarding “Paternalism and Law”, 2006, edited by Michael Anderheiden/Stephan Kirste/Kurt Seelmann);
- Assumption of all duties required of him as Assistant Managing Director of the Institute of the Fundamentals of Law.
Additionally, his efforts were continued on his Treatise regarding a “General Aspect” of Criminal Procedure Law. In this context as well, issues of government-sanctioned torture were primarily dealt with in the research, involving both forbidden interrogation methods as well as the issue of the veracity of evidence obtained under torture during a criminal procedure. Furthermore, the theoretical foundations for the latest developments in the area of “Europeanization of Criminal Procedure Law” as well as Criminal Law and Criminal Procedure Law under the jurisdiction of the International Criminal Court were incorporated into the concepts.
The third research focus consisted of current and particularly legal-philosophical issues regarding “Denationalization”. The main activity to be mentioned in this context is the participation in an interdisciplinary human–science profile of excellence at the Universität Leipzig “Risky Systems – After Order”. This appreciated its best outcome in the reporting year primarily in the organisation and accomplishment (together with Prof. Dr. Christoph Enders) of an interdisciplinary seminar on the topic “The Principle of Tolerance – Basis or Self-Assigned Task of a Modern Civil Society?”, organized in June 2006 by the Institut für Grundlagen des Rechts, together with the Fritz-Thyssen Foundation. Prof. Kahlo participated in the form of a lecture on “John Locke’s Philosophy of Tolerance“- the text for this is to be included in the seminar volume appearing August/September 2007. His endeavours with the Lockian Philosophy of Tolerance were complemented by the Reception of the State-Sociological and State-Theoretical Tolerance Teachings of Montesquieu in the framework of a legal-philosophical seminar on “Introduction into Montesquieu’s Theory of the State” (together with Dr. Benno Zabel). Furthermore, he was active as a co-founder of an interdisciplinary research group in the context of the aforementioned profile of excellence and preparatory work for a colloquium planned by this group on the topic “Critique of Religion und Church through Art and Caricature” as well as participation in the summer academy on the topic “The Concept of the Social Welfare State - conditio sine qua non of the Freedom of the World Citizen?”, organized by the Institute of the Fundamentals of Law under the guidance of Prof. Dr. Diethelm Klesczewski.
With these aforementioned events and the lecture series mentioned above, the activities of the Institute of the Fundamentals of Law, co-founded by Prof. Dr. Michael Kahlo in October 2003, were able to be successfully expanded and intensified.
Also published within the research report timeframe by the scholarly research staff member Anja Schmidt: Basic Assumptions of Law in the Feminist Critique, in Foljanty/Lembke (Pub.), Feministic Legal Science- A Study Guide, pp. 66 and Gender and Sexuality, in: Foljanty/Lembke (Pub.), Feministic Legal Science – A Study Guide pp. 174. Additionally, she was involved in the formation and organization of the one-day seminar “Gender and Law”, a special study offering for students organized on the 24th of November, 2006 at the Humboldt University of Berlin. In collaboration with Ulrike Greifswald she organized there as well a workshop on “Pornography – Violence or Communication?” Her efforts on the dissertation “Perpetrator – Victim – State; a (Legal) Philosophical Analysis for the Surmounting of Criminal Violations” were continued.
The research activities of the scholarly research staff member Dr. Benno Zabel reached their zenith (after completion of his dissertation on the topic “Typifying Guilty Parties as a Form of Concept Analysis”, which was published in December 2006 by Verlag Duncker & Humblot, Berlin) in the form of acceptance of the work on his second (formal) dissertation (required for a university teaching post), with the working title “Fragmentary Criminal Law; From Suspicion of a Criminal Offence to Accident Prevention”. Moreover, he authored a report on the aforementioned seminar “Tolerance as a Regulating Principle? The Modern Civil Society between Openness and Self-Assigned Task”, which will appear in the Magazine for Legal Philosophy (ZRph) in 2007, and the treatise on “Imputation of Blame in Criminal Law – a Latent Foundational Issue”, which will appear in the Leipzig Yearbook of Jurisprudence. Furthermore, he was actively involved as a leader in a working group dealing with the organization and accomplishment of the summer academy on the topic “The Concept of the Social Welfare State - conditio sine qua non of the Freedom of the World Citizen?”, and carried out, together with Prof. Kahlo, coordination for the aforementioned seminar on “Introduction into Montesquieu’s Theory of the State”
Prof. Diethelm Klesczewski
Chair of Criminal Law, Law of Criminal Procedure and European Criminal Law
Prof. Dr. D. Klesczewski teaches Criminal Law, Criminal Procedure Law and European Criminal Law. In 2006 he published a Conference volume containing Lectures about the idea of the social state. Furthermore he contributed to a Commentary to the German Telecommunication Code, and published his lectures about the Special Part of German Criminal Law and about the German Juvenile Justice Code.
Prof. Hendrik Schneider
Chair of Criminal Law, Law of Criminal Procedure, Criminology and Law of Prison Administration
The main thrust of research focus for the Chair has been, since March 2006, in the area of Economic Criminology. The preconditions for the advent of economic criminal offences still remain to be – despite an increase in public sensitivity concerning this area –insufficiently researched, both empirically and theoretically. There still remains an absence of international criminological theory which could either explain, specifi-cally, the advent of economic criminal offences, guide the empirical research, or sci-entifically determine existing preventive programmes. On the basis of Germany’s re-ception of the still-internationally-ignored research status of this issue, and under consideration of interdisciplinary findings from the areas of psychology and sociology, the holder of the Chair has developed the “Leipzig Sequential-Flow Model” to explain economic criminal offences, and it should serve as an aid to close the gap in this area of criminological knowledge. In order to enable proper analysis of the practical relevance of the basic assumptions formulated in the Leipzig Model, the holder of the Chair is collaborating with the Criminal Investigation Department “Forensic Services” and is taking part in interdisciplinary specialty seminars in the role of subject special-ist and work-group leader. The subsequently-gained insights were discussed with the students during the previous semester in the context of the seminar “Economic Criminology” and introduced to the public by means of a conference in Leipzig organ-ized by the holder of the professorship.
Furthermore, the holder of the professorship has completed manuscripts for two lar-ger book projects since his assumption of the Chair in March 2006. In the well-known instructional book “Criminology” founded by Hans Göppinger, the more than 300-page chapter “The Offender under the Administration of Penal Justice” was rewritten and brought up to date for the new edition. For the Leipzig Commentaries on Criminal Law, his commentary on the regulations concerning Supervision of Conduct (of re-peat offenders) was completed. Additionally, essays concerning criminal prognosis in retroactive preventive detention for habitual offenders and concerning criminal law for the enemy (jointly with a former student, currently a doctoral candidate) were pub-lished.
For the lexicon “Der Brockhaus“, he is currently processing key concepts within the area of criminal sciences.
Prof. Heribert Schumann
Chair of Criminal Law, Economic Offences Law and Protection for Youth
See under: Institute for the Law for the Protection of Minors from harmful Media Contents and for the Criminal Law of the Media
Public Law (in alphabetical order)
Prof. Dr. Christoph Degenhart
Chair of Constitutional and Administrative Law, Environmental, Commercial and Planning Law
The main point of Prof. Degenhart’s research activities in 2006 focused on the field of media law and the freedoms of communication in the German Constitution and the Convention for the Protection of the Human Rights. Prof. Degenhart finished especially an update of his comprehensive annotation on Article 5 of the German Constitution in “Bonner Kommentar” referring to European law. Prof. Dr. Degenhart was dealing with questions of financing of the public broadcasting considering the current legislation. So he took part in an expert hearing before the Saxon State Parliament about the "Neunter Rundfunkänderungsstaatsvertrag". This served for transfer from science to policy. Prof. Degenhart spoke about the function of the public broadcasting before the Hessian Parliament and about the financing of the public broadcasting before the Parliament of Brandenburg.
A workshop arranged by one of the biggest media companies in Germany, where Prof. Dr. Degenhart spoke about the media concentration law, served for transfer from science to practice.
Furthermore Prof. Degenhart was dealing with constitutional questions concerning the second change of copyright law.
In the research field of federalism and legislative competences Prof. Dr. Degenhart was dealing with the revision of the comprehensive annotations on legislative competence and judiciary rights in the commentary of the German Constitution edited by Sachs including the results of the federalism reform. In addition the results of the federalism reform were published in the law journal “Neue Zeitschrift für Verwaltungsrecht”.
In 2006 the textbook “Staatsrecht I – Staatsorganisationsrecht” was revised for the 22nd edition considering the results of the federalism reform.
In the research field of environmental and nuclear law there was realised a project to constitutional questions about nuclear waste disposal.
Research assistant Stefan Haack finished his habilitation thesis on the „Loss of statehood“. About the same subject, he also published two articles in international journals. Together with Professor Nanette Neuwahl from Montreal he prepared the edition of a book about the future of the EU integration process.
In the field of Constitutional Law, Haack participated as a specialist in parliament hearings concerning voting age in Saxonia.
Research assistant Nannette Russ has continued her work on protection of minors and human dignity in broadcasting and telemedia. She wrote a comment about the decision of the Federal Constitutional Court from October 25, 2005 about freedom of speech published in law journal “Juristische Arbeitsblätter”.
Prof. Dr. Christoph Enders
Department of Public Law, in particular Environmental Law
The emphasis of the research work performed by Prof. Dr. Christoph Enders during 2006 was on questions of fundamental rights, in particular human dignity, and in this context issues related once more to the problems of biotechnology and reproductive medicine. Furthermore, Prof. Dr. Enders dealt with issues related to current questions of Environmental Law.
In cooperation with Prof. Dr.-Ing. Robert Holländer (Department of Environmental Technology and Environmental Management at the Faculty of Economics of the University of Leipzig – Professur für Umwelttechnik und Umweltmanagement an der Wirtschaftswissenschaftlichen Fakultät der Universität Leipzig) and Prof. Dr. Thomas Lenk (Institute of Finance of the University of Leipzig - Institut für Finanzen der Universität Leipzig) Prof. Dr. Enders was in charge of the Interdisciplinary Environmental Seminar III. The seminar “The Trade in Emission Certificates “in Schönburg/ Saale, which continued and deepened the interdisciplinary cooperation of the participating departments, contributed to the better comprehension of the problematic nature of the emissional trade by the participants from a legal, environmental and economic perspective.
Also relating to this subject the Institute of Environmental and Planning Law in Leipzig (Leipziger Institut für Umwelt- und Planungsrecht) in cooperation with the Helmholtz-Centre for Environmental Research (Helmholtz-Zentrum für Umweltforschung [UFZ]) and the municipality of Leipzig organized a symposium under the topic “ Immisional Control by Emisional Trade – an Interim Balance”.(“Immisionsschutz durch Emissionshandel – eine Zwischenbilanz”) At that syposium Prof. Dr. Enders gave a lecture on “The Incorporation of Emission Trade into the German Preservation of Clean Air Law – Normative Framework and Current Judicial Problems”( “Die Inkorporation des Emissionshandels in das deutsche Luftreinhaltungsrecht – normativer Rahmen und aktuelle Rechtsprobleme”). The lecure is to be published at the magazine the“State Administration and Local Government”, No. 5 (“Landes- und Kommunalverwaltung”, Heft 5) in 2007 and in the conference report on the 11th Symposium of Environmental Law in Leipzig in an extended version by the Nomos Publisher.
In the same thematic context Prof. Dr. Enders gave a lecture concerning “Preservation of Clean Air by Emissional Trade” (“Luftreinhaltung durch Emissionshandel”) in the scope of the Visitor’s Programme of the Goethe Institute. Participants in this performance were multipliers from Latin American countries, who had been invited by the German Government to deal with the topic “ Environmental Protection in Germany. Immission Control by Emission Trade”. („Umweltschutz in Deutschland. Immissionsschutz durch Emissionshandel“)
The Academic Assistant Alexander Rädke and the Academic Employee Robert Kühne participated in this discussion by numerous contributions.
Following the tradition established over the preceding years, the partnership between the Faculties of Law of the University of Leipzig and the Univeristy of Ljubljana in Slovenia was continued. Within the international project entitled “The National Legal System Challenged by the Processes of Mechanisation and Internationalisation” (“ Die staatliche Rechtsordnung vor den Herausforderungen durch Technisierung und Internationalisierung”) in 2002, initiated by the Leipzig Professors Dres. Enders and Kahlo, together with Prof. Dr. Kranjc of the Faculty of Law of the University of Ljubljana, a further joint seminar about the “Prohibition of the Use of (Military)Force as a Basis of the Legal System” (“Gewaltverbot als Grundlage der Rechtsordnung”)was arranged in Leipzig from 19th April to 23th April 2006.
In continuation of the seminar having dealt with the tolerance commandment in 2005 the German and Slovenian participants focused on the problems of present systems of law in the context of current globalisation and europeanisation tendencies from a more basic point of view, namely from the fundamental conditions and functions of law.
The seminar, where the Slovenian Ambassador in Germany, I.E., Dragoljuba Bencina, and her First Secretary Peter Japelj were present, thus dealt with the historical and legally philosophical fundamentals of the national and international prohibtion of the use of (military)force as well as with the legal problems concerning the national transformation of the prohibition of the use of (military) force (especially State Judicial Sovereignty , the Right to Resist, Emergency Law, Air Security ) and with the suspense relation between the prohibition of interference and the phenomenon of the so called humanitarian intervention under international law.
From 14th to 16th June 2006, Prof. Dr. Enders and Prof. Dr. Michael Kahlo, in their capacity as Executive Director and Vice-Executive Director of the Institute for the Fundamental Principles of Law (“Institut für Grundlagen des Rechts”) organized in cooperation with the Fritz Thyssen Foundation an interdisciplinary expert conference entitled “Tolerance as a Principle of Order? The Modern Civil Society between Openness and Self-Abandonment (“Toleranz als Ordnungsprinzip. Die moderne Bürgergesellschaft zwischen Offenheit und Selbstaufgabe”). Participants in this conference were well-known representatives of jurisprudence, theology, philosophy, poltics and history. Prof. Dr. Enders lectured on the question “Tolerance as Legal Principle? – Considerations by the Example of the Federal Constitutional Court” (“Toleranz als Rechtsprinzip – Überlegungen am Beispiel des Bundesverfassungsgerichts”). The conference was supported by the Association of the Promoters and Friends of the University of Leipzig. (“Vereinigung von Förderern und Freunden der Universität Leipzig e.V.”)
Within his studies of human dignity Prof. Dr. Enders made a presentation on the subject “The Protection of Human Dignity and Human Life against the Dangers of Biotechnology and Reproductive Medicine” (“Der Schutz von Würde und Leben des Menschen vor den Gefahren von Biotechnologie und Fortpflanzungsmedizin”) before the Senior College of the Universiy of Leipzigt on 11th July 2006.
Furthermore, Prof. Dr. Enders as co-author and lecturer participated in a workshop about state liability organized by the professors Dres. Wolfgang Hoffmann-Riem, Eberhard Schmidt-Aßmann und Andreas Voßkuhle in Karlsruhe on 14th and 15th July 2006.
This workshop served the continuation of the creation of a handbook entitled “Basics of Administrative Law” (“Grundlagen des Verwaltungsrechts”), within which in book III (§52) Prof. Dr. Enders is working on the topic “Defence and Elimination of Illegal Sovereign Impairment” (“Abwehr und Beseitigung rechtswidriger hoheitlicher Beeinträchtigungen”, Band III, § 52 ).
From 17th to 19th November 2006, Prof. Dr. Enders took part in a conference of the Protestant Academy (“Evangelische Akademie”) Hofgeismar on the topic “The Picture of Mohamed – Religion, Human Rights, Politics” (“Das Bild Mohammeds. Religion – Menschenrechte – Politik”). On the occasion jurists, theologists and political scientists were closely working together. The lecture given by Prof. Dr. Enders in this context referred to “The Narrow Dividing Line between Criticism and Abuse – the Relation of the Freedom of Religion to the Freedom of Speech, the Press and Art” (“Der schmale Grat zwischen Kritik und Beschimpfung – Das Verhältnis der Religionsfreiheit zur Freiheit von Meinung, Presse und Kunst”).
Finally, Prof. Dr. Enders was participant in the symposium about human dignity, in particular “Dogma of Inviolability” (“Das Dogma der Unantastbarkeit”) in Jena, organized by the Hellmuth-Loenning Centre for Science of Nationality and Citizenship on 15th and 16th December 2006. There he spoke about “The normative Inviolability of Human Dignity”(“Die normative Unantastbarkeit der Menschenwürde”).
On 4th and 5th May 2006, the Academic Assistant Alexander Rädke attended the 11th Leipziger Symposium of Environmental Law. Under the headline “Immission Control by Emission Trade – an Interim Balance” (“Immissionsschutz durch Emissionshandel – Eine Zwischenbilanz”) a report by Alexander Rädke about the symposium will be puplished in the “German Administrative Paper”, 2007, No. 1, pp. 29-32 (“Deutsches Verwaltungsblatt”, [DVBl.) 2007, Heft 1, S. 29-32).
In addition Alexander Rädke, as participant in the discussion as well as reporter enriched the summer college Academia Philosophia Iuris 2006 (4th to 6th August 2006)of the Leipzig Institute for the Fundamental Principles of Law in Leipzig on the topic “The Idea of a Welfare State – Conditio sine qua non of the Liberty of a Cosmopolitan?” (“Die Idee des Sozialstaates – Conditio sine qua non der Freiheit des Weltbürgers?“) in the subject area “Public Existential Provision “ („Öffentliche Daseinsvorsorge“).
In 2006, a discussion report on the subject the “Principle that Ownership Involves Social Obligation” (“Sozialpflichtigkeit des Eigentums”) by Alexander Rädke in cooperation with Marianne Feldmann and Alexander Baur was published in the summer college report. (Klesczewski/Müller/Neuhaus (Hrsg.), Die Idee des Sozialstaates, fundamenta iuris [Schriftenreihe des Leipziger Instituts für Grundlagen des Rechts], Band 4, mentis – Verlag, Paderborn 2006, S. 38 –44)
Also in 2006 Alexander Rädke continued working on his doctoral thesis “The Trade in Emission Certificates in the System of Immissional Control Law” (“Das Emissionshandelsrecht im System des Immisionsschutzrechts”).
A conference report referring to the same topic as the conference itself “Immision Control by Emmision Trade – an Interim Balance” (“Immissionsschutz durch Emissionshandel – Eine Zwischenbilanz”) by Robert Kühne, participant of the 11th Symposium of Enviromental Law in Leipzig, was edited in the magazine the “State Administration and Local Government”, 2006, pp. 356-358 (“Landes- und Kommunalverwaltung”[LKV], 2006, S. 356 - 358)
Robert Kühne continued his doctoral thesis entitled “Immisional Control in Emission Trade”(“ Rechtsschutz im Emissionshandel”).
Besides the Academic Assitant Alexander Rädke and Academic Collaborator Robert Kühne took part in the annual meeting of the “ Study Group on the History, Methods and Theory of Public Law” (“Arbeitskreis Geschichte, Methode und Dogmatik des Öffentlichen Rechts” – GeMeDog) at the Law Faculty of the Ruhr University Bochum from 24th to 25th November 2006.
The essay entitled “Between Freedom and Security – Succesful Denationalization in the Saxon Building Regulation Law” (“Zwischen Freiheit und Sicherheit – Erfolgreiche Entstaatlichung im Sächsischen Bauordnungsrecht”) by the Academic Collaborator Christoph Labrenz was published in the “Saxon Administrative Paper”, 2006, pp. 129 - 135 (“Sächsische Verwaltungsblätter” [SächsVBl.] 2006, S. 129 - 135).
Furthermore, Christoph Labrenz was working on an essay dealing with the matter “The Recent Jurisdiction of the Federal Administrative Court on Judicial Relief against Incidential Provisions – Wrong Justification but Correct”. (“ Die neuere Rechtssprechung des Bundesverwaltungsgerichts zum Rechtsschutz gegen Nebenbestimmungen – falsch begründet aber richtig“) This contribution is to be printed in the “New Journal of Administrative Law”, pp. 161 – 165, in February 2007. (Neue Zeitschrift für Verwaltungsrecht [NVwZ], Februar 2007, S. 161 – 165).
As in the last three years Christoph Labrenz was working on his doctoral thesis entitled “The Binding Character of Building Contracts with Functional Performance Specifications – in particular with regard to Certainty and Prediction of the Entrepreneurial Obligation” (“Zur Verbindlichkeit von Bauverträgen mit Funktionaler Leistungsbeschreibung – insbesondere in Hinblick auf Bestimmtheit und Vorhersehbarkeit der unternehmerischen Verpflichtung”).
Prof. Dr. Helmut Goerlich
Chair for Public and Administrative Law, Constitutional History and State Church Law
In the period under review, Prof. Goerlich’s research activity focused on constitutional law, state church law, media and broadcasting law and European law as reflected in publications in these fields.
As in 2005, collaboration with universities abroad and scientific exchange have been centres of attention.
On the occasion of stays at the University of Delhi (India) and at the City University of Hong Kong (China), Prof. Goerlich gave a lecture on “Human rights and constitutions between enlightenment and fundamentalism – questions of their interpretation.” He lectured twice on European Law at the Kültür Universitiy of Istanbul.
Further on, Prof. Goerlich participated in a conference on “Tolerance as organising principle? – the modern civil society between openness and self-abandonment” in Leipzig and spoke on the topic “The freedom of faith and religion in times of multi-culturalism from the perspective of public international, European and constitutional law.”
In the field of media law, Prof. Goerlich organised, inter alia, different lectures of guest speakers. Furthermore, he chaired panel discussions within the framework of the “Medien-treffpunkt Mitteldeutschland” in Leipzig and the 10th “Medienforum” in Mittweida.
Together with Prof. Dr. Frank Rottmann and ROR Oliver Grimm, Prof. Goerlich organised a seminar about “Recent developments in the law on higher education – in particular in Saxony.”
Problems of the law of associations, parties and religious communities as well as problems in media, broadcasting and municipal law between state and society were discussed in collaboration with OKR Dr. Martin Richter (Berlin), Prof. Dr. Heinrich de Wall (Erlangen) and Prof. em. Dr. iur. Dr. theol. h. c. Christoph Link (Erlangen) in a weekend-block seminar on “State and society.”
Prof. Wolfgang Köck
Chair for Environmental Law
The Chair of Environmental Law was established in October 2001 in close cooperation with the Centre for Environmental Research Leipzig-Halle (UFZ) in order to link environmental research and research into environmental law.
Its research activities take place at the UFZ, where Prof. Köck has been directing the newly established Department of Environmental and Planning Law since July 2004. Currently, the staff numbers 9 (four of which are financed through external funds). Research concentrates on four main issues:
- Municipal and Regional Planning Law: problems, strategies, and instruments of land use restriction for the purposes of urban settlement and traffic, with a special emphasis on regulative options available to local and regional government. Research was begun in 2002 within the framework of interdisciplinary projects.
- Environmental Protection and Water Law: research in this area is also conducted within the framework of interdisciplinary projects. These concern, among others, the Agreement on Biological Diversity, the EC-Water Framework Directive, the Fauna-Flora-Habitat-Guideline, the Environmental Encroachment Rule, and the Law to Protect Endangered Species.
- Hazardous Materials Law and Risk Administration: research concerns legal procedures of risk assessment, risk evaluation, and risk management on the one hand, and the precautionary principle on the other, with a main emphasis on chemicals control and water quality protection.
- Fundamentals of Environmental Law: research deals with the approaches to a law of sustainable development and with governance problems in environmental politics and environmental law.
In 2006 finished externally funded projects:
- “Invasions: The Invasion Potential of Alien Species - Identification, Assessment, and Risk Management,” funded by the Federal Ministry of Education and Research (BMBF) as part of the research network “Bioteam.” Among other issues, this group researches the legal framework for controlling invasive alien species and legal options for a more effective system of control, especially with regard to aspects of international and European law. The project has been finished in August 2006.
- “Legal Analysis of the Deficits of a Space-Oriented Planning Law to Reduce Land Consumption for the Purposes of Urban Settlement and Traffic.” Project funded by the Federal Environmental Agency UBA. The project was finished on 30th Novembe 2006.
Current externally funded projects
- “Sustainability and Law – Freedom of Research and Environmental Protection Law.” Project funded by the Federal Ministry of Education and Research (BMBF). Timeframe: 1st June 2004 – 31th August 2007.
- Options and implementation of spatial planning instruments regarding to the reduction of land consumption, Project funded by the Federal Ministery of Education and Research. Timeframe: 1st September 2006 – 31th August 2009.
Publications in 2006
7 academic publications relating to the research topics listed above were published during 2006
Professor Dr. Markus Kotzur, Legium Magister (Duke Univ.)
Chair of Public Law, International Law and European Law
The research activities of the Chair of European Law, International Law, Public Law were considerably motivated by the new appointment of Prof. Kotzur Legium Magister (Duke Univ.) in 2006 into the chair. The accomplishments in research from this professorship have been highly influenced by this foundational phase.
Prof. Kotzur continued his work on the draft of the inter-disciplinary research theme “After Order” with central and coordinated emphasis on the aspect of the transformation of modern Governance. This planned emphasis, together with professors from the fields of (among others) Jurisprudence, Theology, Political Science and Economics, is designed to shed light on the developments in the area of “Governance Research”. An interdisciplinary working group which is intended to pursue the topic of “Tolerance as a Principle of Order” was organized. The members of this group are: Prof. Dr. C. Enders, Prof. Dr. K. Fitschen, Prof. Dr. M. Kahlo, Prof. Dr. M. Kotzur, Prof. Dr. M. Wohlrab-Sahr. Furthermore, Prof. Kotzur represented the Legal Faculty in the formation of the “Leipzig Research Academy”, and was instrumental in the foundation of this facility.
Research, publications and scholarly lectures by Professor Kotzur were carried out, as in the past, with emphasis on the topics of European and International Law, Protection of Human Rights, Constitutional Dimensions for the World Community, Reform of the UN System (including the role of the UN Security Council and its legal commitments). Further research focus has been on: activities with the governing bodies of the European Communities, in particular Parliament and Commission, as well as with the General and Concluding Regulations of Section VI of the EC Contract (EGV). In addition to this, a commentary for the European Commentaries by Grabitz/Hilf and Heilbronner/Wilms is planned. The work in this project will be more intensified in the next year, and will be partially completed. These efforts have comprised, since the second half of 2006, a central focus for the professorship activities.
In July 2006, Prof. Kotzur presented his introductory lecture at the Federal Administrative Court (BVerwG), concerning the “Reform of the UN System”, which has been earmarked for publication in 2007 in the Yearbook for Public Law.
Prof. Kotzur also authored the following scholarly publications in the research year:
Universal Law References in National Constitutional Texts- The Reception of Federal Constitutional Norms by International Law, in: M. Schulte (Publisher), Weltrecht. Supplementary paper for the magazine “Theory of Law”, 2006, individually; The Sustainable Social Welfare State, Bayerische Verwaltungsblätter 2006, individually; also in: Publications of the University of Malaga (in Spanish translation), 2006; Federalism and Bicameralism – the German “Bundesrat” (Federal Council) as an Atypical Model, Collection-volume for the legal comparison research project on the topic “Dual Chamber System in Europe”, overseen by Prof. J. Luther (University of Alexandria), 2006; Freedom of Conscience vis-à-vis Duty to Obey, or the Iraq War as Evaluated by the Administrative Court– Commentary Regarding the 2nd Military Board of Revue on 21 June, Federal Administrative Court (BVerwG) 2 WD 12.04, Juristenzeitung 2006, pp. 25 Spanish translation „Libertad de conciencia frente al deber de obediencia a las órdenes recibidas en el ejército, o la guerra de Irak bajo el control de los tribunales contencioso-administartivos“ in: Revista de Derecho Constitucional Europeo, Year 3, Volume 6, 2006; A Trial Run for the European Community Constitutional Civil Rights/Regarding the Verdict of the European Court of Justice in the litigation of Yussaf (among others) against the European Council, European Constitutional Rights Newspaper (EuGRZ) 2006, pp. 19; Honour, Protection of Honour; Awards and Decorations; Personal Rights; The Social Welfare State; Citizenship, in: Heun, Werner (among others) [Publisher], Evangelical Federal Lexicon, Publishing Firm W. Kohlhammer, Stuttgart 2006; Legal Inquiries Regarding Cross-Border Collaborations, in Gerold Janssen (Pub.), European Associations for Territorial Collaboration (EVTZ), LIT Publishers, Berlin 2006; Chapter “Culture, Research and Technology”, in: R. Schulze/M. Zuleeg, European Law. Handbook for German Legal Practice, 2006, § 38, pp. 1651 ; Social Justice on a World Standard – Questions and Challenges for International Law, in D. Klesczewski/S. Müller/F. Neuhaus (Pub.), The Concept of a Social Welfare State, mentis Publishers, Paderborn, 2006, pp. 63.
Furthermore, Prof. Kotzur lectured in 2006 in numerous extra-curricular programmes. He helped to actively organize, for example, a joint Summer Holiday Programme offered by the Universität Leipzig and the University of Chicago for “Minorities in Europe”, in which he hosted various events for International and European Law. At a European Law Summer Academy in Istanbul, the topic “European Human Rights Protection” was covered. Additionally, Professor Kotzur took part in a workshop of the “Saxony-Czech University Collegium” in Oberwiesenthal, where he lectured on the topic of “Goals and Values of the European Union after the Constitutional Contract”. Moreover, he gave a lecture within the framework of the summer academy organized by the Institut für Grundlagen des Rechts (Leipzig) “The Concept of the Social Welfare State - conditio sine qua non for the Freedom of World Citizens?“. Said lecture was entitled “Social Justice on a World Standard – Questions and Challenges for International Law”, which has been published in the conference volume (brochure) for the summer academy. (M. Kotzur, Social Justice on a World Standard – Questions and Challenges for International Law, in: D. Klesczewski, S. Müller, F. Neuhaus (Pub.), The Concept of the Social Welfare State , Paderborn 2006, pp. 63) Additionally, Professor Kotzur undertook presentation tours to New Delhi, where he gave a lecture on “Reform of the UN System”, and Hong Kong, where he spoke on “The World Community in its Struggle against Terror”. In December 2006 Professor Kotzur took part in a conference of the Hallstein-Instituts (Berlin) and spoke on “The UN Security Council’s Commitment under International Law in Decisions involving Sanctions”.
In May 2006, the German-American Association’s seminar “Euro-American Legal Issues” took place for the fifth year in a row. Seminars have been organized every year since May of 2001 under this theme with reciprocal input from both the Faculty of Law of the Universität Leipzig and the School of Law of the University of Miami. The events are always presented in English. The results are published in part by the University of Miami. On the German side, this seminar was organized by Professor Kotzur as well as Prof. Dr. T. Rauscher. On the American side, Prof. R. L. Williamson and Prof. D. Abraham coordinated the event.
The research assistants of the Chair Jana Gogolin, Runa Kinzel, Clemens Richter and Sebastian Schneider provided essential support to the work of the Chair and involved themselves actively in the research activities of the professorship. Moreover, they pursued their doctoral thesis proceedings, which individually involve the following topics:
“Transnational Enterprises as Actors in International Law” (Jana Gogolin), “Integration Methodology of the European Court of Justice” (Runa Kinzel), “State Collapse – Perspectives after the Disappearance of Statehood” (Clemens Richter), “The Significance of Environmental Needs in Regional Planning using Emission Limitations as an Example” (Sebastian Schneider/ advised primarily by Prof. M. Oldiges). Ms Gogolin has been attending Duke University (North Carolina, USA) since August 2006 where she has been taking part in a Master’s Programme in the “School of Law” there. Mr Richter attended a summer programme of the newly -founded “Xiamen Academy of International Law” (Xiamen, China) in September 2006. A report on the conference will be published, tentatively in the spring of 2007. Moreover, research assistants of the Chair took part in a summer academy organized by the Institut für Grundlagen des Rechts (Leipzig), and moderated (among others) scholarly working groups.
Prof. Kotzur accepted eight new doctoral candidates last year.
Furthermore, the following two doctoral-thesis programmes, advised by Prof. R. Geiger, have been successfully completed: Bettina Mech, “European Economic Region (EWR) and European Integration– Problems of International and European Law with the Example of Norway” (summa cum laude) and Katharina Kunzmann, “Water and Peace – Conflicts Among Nations Concerning the Non-Navigational Usage of International Waters in the System of the Collective Security of the United Nations” (magna cum laude).
Prof. Dr. em. Martin Oldiges, Dr. Ralf Brinktrine
Chair of Public Law, especially State and Administrative Law
Since the retirement of Prof. Oldiges in March 2006, the vacant Chair of Public Law, especially State and Administrative Law, is represented by PD Dr. Brinktrine as interim head of department. Prof. Oldiges and PD Brinktrine focussed their research activities on the impact of European law on German administrative law, especially planning and environmental law. Other important fields of research included constitutional law and procurement law.
At an environmental law conference organised by the “Leipziger Institut für Umwelt- und Planungsrecht” Prof. Oldiges held a lecture focussing on whether German conversation law is in harmony with the EC Directives protecting flora and fauna species against extinction. In addition, Prof. Oldiges updated his contribution to the textbook “Besonderes Verwaltungsrecht”, edited by Udo Steiner. The chapter written by Prof. Oldiges is devoted to planning law. Furthermore, he revised his commentary on articles 62-69 of the German Constitution for the “Sachs-Kommentar” (edited by Michael Sachs), due to be published in the fourth edition in 2007.
PD Dr. Ralf Brinktrine is preparing a monograph which examines the impact of EC law on the German administrative law concerning the regulation of trade and industry. In cooperation with Prof. Hendrik Schneider, he has also begun writing a textbook dealing with the so-called “key abilities of lawyers”. Research fellow Tobias Pollmann continued work on his doctoral thesis focussing on procurement law problems.
Prof. Holger Stadie
Chair of Tax Law and Public Law
The main focus of Prof. Stadie's research in 2006 was value-added tax law. (Arbeit an einem Handkommentar). Institutes
Institute of Solicitors’ Law
The Institute of Solicitors’ Law was founded in August of 1997 and began its teaching and research activities at the end of the same year. It is meant to contribute to an expanded awareness of the law-yer’s point of view in events related to jurisprudence teaching at the university, particularly during this phase of discontinuation of radical changes in the legal profession in Germany and Europe, and particularly while a large percentage of law graduates are choosing to pursue careers as solicitors and lawyers. Additionally, the inclusion of lawyers and notaries in teaching events promotes the interrela-tionships between theory and practice. In the context of implementation of the latest reform for the training of lawyers, the Institut für Anwaltsrecht has developed the new concentration area “Legal Advice, Shaping the Law and Enforcing the Law”. The teaching events within this new area of focus were initiated within the timeframe of the annual report.
Dissertations in the area of Solicitors’ Law are being awarded and advised. For example, during the year for this research report a doctoral candidate’s proceedings with a dissertation on the topic “Pres-ervation of Confidentiality Observed during Mediation in Subsequent Legal Action” (Katja Cremer née Krautheim) was completed. The work was published the end of 2006. Dissertations on issues regarding legal/solicitor’s fees (remuneration of court-appointed counsel) and regarding inter-professional collaboration of lawyers with members of other professions in a comparison between Germany and England, these dissertations are now either in the final stages or are being processed.
Also in the year 2006, the administration of the institute was involved with the shaping of counsellor law and notary public law for numerous teaching events. For example, respective seminars took place during both winter semesters 2006 and 2007 involving legal counsel and legal formulation (together with Prof. Dr. Brehm from Bayreuth and students from the university there). During the summer se-mester of 2006 in the context of the studies related to this area, a lecture covering the Shaping of Law was offered. Furthermore, at the initiative of the Institute, the Notary Public Dr. Hollenders, Dresden, held instructional lectures regarding the issues of the shaping of law for the area of Real Estate Law legislation (summer semester 2006) and for Inheritance Law (winter semester 2006/2007). In summer semester 2006, a lecture introducing the lawyer’s profession and a seminar covering the topic “Re-form of Family Law Proceedings and of Matters of Voluntary Judicial Authority – Draft of the Re-form regarding an FGG Reform Law from the Lawyer’s Point of View” will take place. The teaching events were, in part, accompanied by trainees. In the winter semester of 2005/2006, one of the Insti-tute’s directors played an active role in a lecture designed to impart key qualifications to participants in preparation for the First Examination in Law.
Treatment of issues of alternative dispute resolution and mediation outside of court was continued and intensified.
The Institute of Solicitors’ Law continues to be a co-organizer for the Leipzig Insolvency Law Day, which took place for the seventh time (27 February 2006) and will take place again in 2007 (19 Feb-ruary 2007).
The Institute of Solicitors’ Law of the Universität Leipzig cooperates closely with the institutes or chairs for solicitor’s law at other German universities and with professional organizations of the legal profession such as, in particular, the Saxony Bar Association and the Leipzig Lawyer’s Association within the German Lawyer’s Association.
Institute of Labour and Social Law
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Institute of Foreign and European Private and Procedural Law
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Institute of German and International Law of Banking and Capital Markets
The Institute of German and International Law of Banking and Capital Markets, founded in 1998, began its operations in 1999. In light of the respective specializations of the Institute directors, the Institute is able to cover its research targets for both the German as well as the International Banking Law and Capital-Market Law. This comprises all relevant parts of Civil Law, Commercial Law, Law on Competition and Right of Supervision. In all areas the Institute’s efforts are concentrated on developments arising from European Law.
The Directors of the Institute continue to supervise crucial portions of the standard handbooks on Capital-Investment Law and Banking Law:
- The second edition of the Handbook for Banking Law (Publisher C.H.Beck) is presently available, while the third edition is currently in preparation and is due to be published yet in 2007. All chapters are overseen by the Institute which involve, in particular, cross-border transactions. Furthermore, the Directors have assumed the preparation of other sections of the Banking Law Handbook: Law regarding Joint Accounts, Frozen Accounts, Trust Accounts (respectively with W. Hadding) as well as the preparation of reorganisation loans or syndicate loans (also in collaboration with W. Hadding).
- The Directors contributed as well- in the 6th volume of the Munich Commentary on Commercial Law (HGB) (Publisher C.H. Beck, 1st edition 2004)- the chapter on Commission Transactions (§§ 383 – 406 Commercial Code), as well as- in the 5th volume (2001 edition)- commentaries on several general provisions relating to commercial transactions (§§ 358 – 362 and 366 – 372 Commercial Code) and the Law regarding Payment Transactions, with particular emphasis on the giro-account system, money-transfer transactions, debit and cheque transactions, EC Debit Card process and the banker’s guarantee to the 5th volume. The Institute has completed preparation of the 2nd edition which should be published within 2007.
- In the Soergel Commentary, the Directors make commentary on the Law of Bearer Bonds, Law of Surety Bonds, Law regarding Recognition of Liability, Savings Bank Books, Law regarding Aleatory Contracts, Life Annuity Law, Law of Acknowledgement and Law of Directives.
- Furthermore, the Institute continued to oversee the revisions for the textbook “Banking Law” (dtv, 34th edition 2007), which, due to the extensive changes in regulations every year, must be updated on a regular basis.
- In the context of a European-wide project of the Chambre de commerce et d’industrie de Paris (Chamber of Commerce of Paris), and in reference to the question of which jurisdictions there will be for Europe in the future for commercial disputes, the Institute is responsible for the national report for Germany. It was published in 2007.
Institute of the Fundamentals of Law
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Institute for the Law for the Protection of Minors and for the Criminal Law of the Media
The scholarly research work at the Institute and within the Chair of Criminal Law, Economic Offences Law and the Law of the Protection of Minors concentrated once again in 2006 on general Criminal Law and the Law of the Protection of Minors from Harmful Media. Prof. Schumann presented, at two events of the Konrad Adenauer-Endowment, lectures for assessment of the reform (Law of the Protection of Minors and the Child Media Protection International Treaty) of the German Law of the Protection of Minors from Harmful Media. Together with the research assistant Dr. Antje Schumann, he wrote an essay on the topic “Objective Imputation on the Basis of a Lesson in Injustice for Personnel?” Frau Dr. Schumann published through Verlag Duncker & Humblot her dissertation “Regarding the Site of Attempt and Resignation in the Development of a Crime – An Examination in Light of the Dogmatism of the System of Attempt and Resignation since the 19th Century” as well as two book discussions in “informaciones“, the periodical for the German-Spanish law exchange.
The scholarly research assistant Frank Müller completed his work on the dissertation concerning the topic “§ 216 Penal Code (Strafgesetzbuch) as a Prohibition on Abstract Endangerment”. Civil-Servant to be, Michael Ullrich continued the work on his dissertation about the Foundation of the Programme for Respect of Human Dignity and the Sanctionability of its Violation. Mr. Mohamed Turko and solicitor Jörg Schädlich worked on doctoral theses about Legal Provisions for Protection of Children against Violence and Problems with Statements of Facts for Insolvency Protraction.
Institute of Broadcasting Law
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Institute of State and Administrative Law
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Institute of Environmental and Planning Law
The Institute for Planning and Environmental Law of the University of Leipzig held its annual conference in April entitled “Immissionsschutz durch Emissionshandel”. All speeches and discussions of this conference are to be published in Volume 11 of the “Leipziger Schriftenreihe zum Umwelt- und Planungsrecht”. In addition to that, the Institute organised further conferences in reaction to current developments and issues. Doing this, the Institute One followed the suggestions of practical experts of environmental law. The first of these two conferences was devoted to the legal protection against noise caused by plans starting and landing during the night. Another one examined and discussed the consequences of a landmark decision of the European Court of Justice declaring that the protection of flora and fauna in German conservation law partially does not comply with the requirements of the relevant EC Directives.
Institute of International Law, European Law and Foreign Public Law
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