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. Dr. Berger in 2007 within the framework of the Institute of Solicitor’s Law. Moreover, various other publi-cations were prepared, which in part have already been published such as the Commentaries on paragraphs §§ 253 – 271 in the Munich “Kommentar” regarding ZPO (Code of Civil Pro-cedure) or will be published, in part, in 2008 such as the new edition of the Commentaries on Advertising Law for Freelance Professions in the second edition of the “Kommentar” regarding UWG (Competition Law) by Prof. Dr. K.-H. Fezer.
PD Dr. Bettina Heiderhoff was designated as University Professor in the subject area of Jurisprudence at the University of Hamburg.
The research staff-member Claudia Apel continued work on her dissertation with 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 Resti-tution of Property”. She is researching the various contents of the right to claim to restitution of property, standardized within the Civil Code, and how the opening of insolvency proceed-ings concerning the assets of the restitution debtor can affect the specific rights to claim resto-ration.
Furthermore, Frau Apel collaborated on the publication of the reports, which were presented at the 17th Annual Convention of the Gesellschaft Junger Zivilrechtswissenschaftler e. V. 2006 in Leipzig. The Yearbook of Young Civil Law Researchers was published in December 2007 by Boorberg Verlag under the authorship of Frau Apel, V. Glas, M. Staake, T. Keltsch and F. Skamel.
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.
Prof. Berger is co-editor and co-author of a handbook on copyright contract law, which will be published in 2008. He also is co-editor of the series “Studies on civil law” and “Scripts concerning intellectual property and competition law”. Moreover, Prof. Berger edited the textbook on execution and insolvency law, which was edited by Prof. Jauernig in the past. The book was being published in 2007. 2007 also saw the publication of the twelfth edition of Jauernig’s commentary on the German civil code, in which Prof. Berger edited the §§ 433 – 487 and 1297 - 1921.
Furthermore, Prof. Berger edited the contributions to and a documentation of the 8th 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 250 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 associa-tion´s Commission on Copyright and Publishing Law. Moreover, he is a member of the managing committee of the Leipzig Insolvency Law Incorporated Society.
During the reference period Manuela Koch’s, Tobias Bock’s, Frank Skamel’s, Vera Glas’, Michael Frege’s and Hannes Kluehs’ doctoral dissertation could be completed.
Research assistant Juliane Weidmueller is preparing her doctoral dissertation on insolvency law. Furthermore research assistant Robert Kuehne starts to prepare a doctoral dissertation on insolvency law, too. Doctoral candidate Thomas Buechner is preparing a doctoral dissertation on intellectual property law.
Prof. Burkhard Boemke
Chair of Civil Law, Labour and Social Law
In 2007, Prof. Boemke was able to start, in collaboration with Solicitor Dr. Joachim Luke and Research Assistant Bernhard Ulrici, his work on the “Case Collection for Labour Legislation“. The work, slated to be published in the spring of 2008, is intended to inform students of the methodological skills required to solve labour-law case presentation from this main focus area. Typical case presentations were chosen from the areas of coalition law, labour-management law, and labour-jurisdiction proceedings.
Moreover, 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 also continued on the work project “Deployment of Employees; Employee-Secondment Law and Collective Bargaining Contracts”, which will appear in the summer of 2008 in the SAXONIA Verlag für Recht, Wirtschaft und Kultur GmbH.
Along with numerous magazine contributions and annotations 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 solicitors Hjort, Hummel and Wolmerath, Prof. Boemke provided commentary, jointly with the Research Assistant Solicitor Bernhard Ulrici, on the Regulations in the paragraphs §§ 305 – 310 of the Civil Code. The following two works were published in spring of 2007 by the Springer Verlag in collaboration with solicitor Dr. Danko: “The General Treatment Act in Labour Legislation” (AGG) and the “Case Collection for Labour Legislation“. Furthermore, in the autumn of 2007 the compilation of commentaries written by Research Assistant Bernhard Ulrici regarding paragraphs §§ 2-5, 9, 10 of the AÜG (German Law on Labour Leasing) was published in the Anwaltverlag Hümmerich/Boecken/Düwell Solicitors’ Commentaries on Labour Legislation.
Within the Chair, currently about 20 doctoral candidates are being advised regarding topics in labour legislation. Within the timeframe of this report, the following written pre-doctoral works were successfully presented for evaluation and brought to conclusion: Herr Jörg Altmann (Legal Status of Offsetting and Charging for the National Security Carrier in Insolvency Proceedings), Torsten Fischer (Repercussions from Tariff Norms [§ 4 Section. 5 TVG]), Janet Hitzig (The Employer’s Right to Make Queries vis-à-vis the Employee with Special Dismissal Protection), Lars Letzas (Continued Applicability of Individual and Aggregate Company Agreements) as well as Bernhard Ulrici’s (Basic Issues Regarding Assets in Employees’ Copyright Law).
Prof. Tim Drygala
Chair of Civil Law, Commercial Law, Company and Economic Law
The main focus of research activity in 2007 by Prof. Drygala was once again on Corporate Enterprise Law. In Law of Registered Shares Prof. Drygala worked on the Commentaries for paragraph § 42 AktG (Companies Act), as well as paragraphs §§ 170-176 AktG for the Commentaries regarding the Companies Act published by Schmidt/Lutter.
Furthermore, he re-worked his Commentaries regarding paragraphs §§ 1-15 UmwG in the “Commentary on Reorganization of Companies Act” by Lutter and began his commentary on paragraphs §§ 122a-l UmwG. In GmbH-Recht (PLC Law) he was occupied with individual issues of the Governmental Draft regarding Modernisation of the GmbH-Recht (PLC Law) and Abatement of Misfeasance (MoMiG). 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. In 2007 the chair spent effort on further legal questions of special historical interest. Recent publications and reports dealt with problems of the law of improper performance, of damage, of property and of inheritance. 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 physician. 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. Legally 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 finished a completely revised edition of his textbook on family law which was published in December 2007. In addition several contributions on Family and Succession Law have been published in legal journals.
In December 2006 Prof Rauscher became a co-editor for the “Münchener Kommentar” (Munich Commentary) on Civil Procedure; he also contributes the Introduction and several parts of European Law of Civil Procedure as an author. Two Volumes of this Commentary have been published in 2007, the preparatory work of the last Volume has almost been finished. The development in European Civil Law and European Law of Civil Procedure continued to be an important topic of research.
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 2007 focused, first of all, on continuation of his work on A Basic Theory Regarding the Link between Criminal In-justice, Culpability Under Criminal Law and the Sentence Imposed by the State. Of particular significance for the research year were the Teachings of Objective Attribution in Criminal Law as well as Problems in Criminal Law concerning Constitutional Law, European Law and International Law. The following activities, projects and publications should be listed here first:
- Organisation and execution of a German-Slovenia seminar on the topic “The Citizen as an Enemy? Legal, Philosophical, Constitutional and Criminal Law Aspects of a Controversial Legal Concept” (together with Prof. Dr. Christoph Enders, Leipzig, Prof. Dr. Janez Kranjc and Prof. Dr. Damjan Korosec, both from the Faculty of Law of the University of Ljubljana;
- Conceptualisation and execution of a – jointly organised with the Evangelical Acad-emy Hofgeismar and the Republican Solicitors – jurisprudence colloquium regarding the issue “Enemy or Citizen - Privileges in the Struggle against Terrorism?;
- Treatise on “Contemplations regarding the Current Status of the Theory of Objective Attribution in Criminal Law” (contribution to the Centennial Publication for Wilfried Küper );
- Fulfilment of Obligations by the Assistant Managerial Director of the Institute of Foundations of Law.
Additionally, his efforts were continued on his Treatise regarding a “General Aspect” of Criminal Procedure Law, and with special attention given to the issue of the relationship be-tween Criminal Procedure Law and Police Law, with consideration as well of the European dimension.
The third focal point for research comprised up-to-date, particularly legal/philosophical is-sues of “Denationalisation”. In this context it is appropriate here to mention his participation in the interdisciplinary Humanitarian Sciences excellence profile of the Universität Leipzig “Organisations at Risk – After Order”. This was published first of all, within the timeframe, under co-authorship (jointly with Prof. Dr. Christoph Enders) in the seminar volume “Toler-ance as an Organising Principle? – The Modern Civil Society between Openness and Self-Abandonment”, in which Prof. Kahlo participated with his own contribution concerning “John Locke’s Philosophy of Tolerance” (Volume 6 in the series by the Institute of Foundations of Law of the Leipzig Faculty of Law “fundamenta iuris“). – Furthermore, co-organiser and participation in the colloquium with the topic “Criticism of Religion and Church in Art and Cari-cature” by an interdisciplinary research group “Tolerance as an Organising Principle” and under the auspices of the afore-mentioned Excellence Profile. –Thirdly, in this context the project of an interdisciplinary (post)graduate research unit (Graduiertenkolleg) with the topic “Difference and Deviance” must be mentioned, in which Prof. Kahlo is participating with legal/philosophical and penal issues, such as “The Inability to Deceive Individuality”. The following colleagues are also involved here: Ulrich Bröckling (Political Science), Speaker; Inge Baxmann (Theatre Science); Beatrice von Bismarck (Art History); Vera Denzer (Geo-Science); Christoph Enders (Law Faculty); Wolfgang Fach (Political Science); Markus Kotzur (Faculty of Law); Michaela Marek (Art History); Kurt Mühler (Sociology); and Heidrun Zinecker (Political Science).
The research assistant Anja Schmidt intensified her research in judicial regulation of bi-polar beings who deviate from hetero-norms (especially inter-sexuality and trans-sexuality) and commercialised sexuality (prostitution and pornography). From 15 to 17 June 2007 she at-tended the Feminist Legal Practitioners’ Seminar, a juristic subject seminar, which took place at the University of Bielefeld. In autumn of 2007 her article was published “German Prostitu-tion Law – Concern, Repercussions and Assessment” in an information volume of the Friedrich-Ebert Foundation in South Korea. This article was also released in German as a short-version in the sul-serio magazine “Genuine Desire Requires Work” from the Association of Political Education and Society Research “reflect!” (www.reflect-online.org) She was also involved in the accomplishment of the study-day “Gender and Law” at the Free University Berlin, an offering for students, which took place on 6 December 2007. Jointly with Dr. Friederike Wapler (University of Göttingen) she organised the workshop “Pornography - Violence or Communication?” Her work on the dissertation on the topic “Offender-Victim-State. A Legal/Philosophical Analysis Regarding the Overcoming of Criminal Injuries” was continued.
The research assistant Dr. Benno Zabel concluded the publication of his dissertation “Guilt-Profiling as Conceptual Analysis”, his first larger research project. A post-doctoral lecture qualification was subsequently begun. The work with the title: “Guarantee of Freedom and Orientation Knowledge: Conflict Analysis and Damage Restitution in the Context of Normative Uncertainty” is meant to address the current developments between criminal law, police law and the law of torts, and to draw conclusions for the modern criminal-proceedings conflict resolution. Moreover, he published essays and reviews in various subject magazines.
Prof. Diethelm Klesczewski
Chair of Criminal Law, Law of Criminal Procedure and European Criminal Law
Prof. Klesczewski teaches Criminal Law, Criminal Procedure Law and European Criminal Law. In 2007 he published his lectures about the German Criminal Procedure.
Prof. Hendrik Schneider
Chair of Criminal Law, Law of Criminal Procedure, Criminology and Law of Prison Administration
The main thrust of scientific research for 2007 was in the area of Economic Criminology.
The focal point of activities were development of his own “Leipzig Sequential-Flow Model for Economic Criminal Offences”, which was presented as the holder of the Chair’s inau-gural lecture on 9 May 2007. The basic premises of the Leipzig Model have been pub-lished in the following contributions:
- Leipzig Sequential-Flow Model for Economic Criminal Offences. An Integrative Approach to Explain Criminality In Light of Otherwise Social Inconspicuousness; NStZ 2007, pages: 555-562.
- Person and Situation. Concerning the Significance of Personnel-Related and Situ-ational Risk Factors in Economic Criminology; in: Burkatzki (Pub.): Economic Criminology, DNWE Series (being printed).
- Paragraph § 25 “Wirtschaftskriminalität“ (Economic Crime) in the new edition of the founded work “Kriminologie“ by Hans Göppinger, 6th edition., C.H. Beck 2008 (published in December 2007)
A short synopsis for the Leipzig Model has, furthermore, been published in a Commentary on an Empirical Investigation “profile of a fraudster“ by the “KPMG Wirtschaftsberatungs-gesellschaft”, Forensics Department in Cologne:
http://www.kpmg.de/libary/pdf/070420_Profile_of_a_Fraudster.pdf
Furthermore, in the study-book “Kriminologie“ (see above) the sections involving “The Perpetrator in the Administration of Criminal Justice” (pages 541-756) and the chapter “Organised Crime” were published. The section “The Perpetrator in the Administration of Criminal Justice” contains a representation of the criminology references to juvenile law and penal system law, and documents the current status of the research regarding treat-ment as well as pertinent statistical conclusions concerning the activity of the levels of au-thority in formal social control. The chapter “Organised Crime” covers, in depth and criti-cally, the history, the concept and the various forms of so-called Organised Crime.
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 2007 focused, as in the last years, on the field of Media Law and the freedoms of communication in Grundgesetz and in the European Convention of Human Rights. He dealt with questions of monopolies control in the field of private broadcasting, accompanying the political discussions, and also with questions of financing and function of public service broadcasting. To the last mentioned points, he gave a speech at the 3rd Austrian broadcasting forum in Vienna. Further transfers from science to policy he made by a speech on current problems of media monopolies given to a workshop arranged by one oft the biggest media companies in Germany for members of media control authorities and politicians, by participating in a panel discussion of the Konrad Adenauer foundation within the context of Medientreffpunkt Mitteldeutschland, and by speeches given to working-groups of the parliamentary partys of CDU/CSU in the Federation and in the Länder, and to the working group “Media Policy” of CDU in the parliament of Saxony. On questions of Media law, he also published a number of articles in law journals and commemorative publications; as always, he updated the comprehensive annotation of Art. 5.
Concerning Federalisms and legislative competences as a branch of his research, Prof. Degenhart was dealing with the revision of the comprehensive annotations on legislative competences including the results of the 2006 reform of Grundgesetz in the commentary of the German Constitution edited by Sachs. The 4th edition of this commentary was published in 2007. For the next edition, that is planned for 2008, Prof. Degenhart started the preparation works.
Concerning Federalism and Constitutional Law of the Länder, Prof. Degenhart gave a formal address to the parliament of Saxony, during the ceremony “15 Jahre Verfassung des Freistaates Sachsen”, which was titled: “15 Jahre Verfassung des Freistaates Sachsen: Erwartungen, Entwicklungslinien, Herausforderungen”.
Current developments in the Law of State organization, another main field of research of Prof. Degenhart, had to be analyzed and incorporated into the 23rd edition of the textbook “Staatsrecht I Staatsorganisaionsrecht” that had been published in 2007, and also for the 4th edition of the case and repetition book “Klausurenkurs im Staatsrecht mit Bezügen zum Europarecht”.
In the research field of environmental and nuclear law Prof. Degenhart gave a speech to the 13th German symposium on Nuclear Law on the question of provisions by the operator for the event of malfunctions.
Furthermore, Prof. Degenhart worked in the field of municipal law, for instance on the occasion of an hearing on the reform of the areas of Landkreise in the parliament of Saxony, and in field of public building law, here to the meaning of the Directive on services in the internal market for the building regulations law of the Länder.
He also was an expert for the FWF (“Fonds zur Förderung der wissenschaftlichen Forschung”) the Austrian counterpart to DFG. PD Dr. Stefan Haack finished his habilitation with a speech on “Municipal wireless LAN as public service” and published his habilitation thesis “Verlust der Staatlichkeit”. Together with Prof. Nanette Neuwahl (Montreal) he published a anthology on the further devepolment of European integration. Another main field of his research were the general rules of administrative law.
Research assistant Nannette Ruß selectively worked in the field of Media Law, especially on questions of self-regulation in broadcasting law.
Prof. Dr. Christoph Enders
Department of Public Law, in particular Environmental Law
Prof. Enders was occupied within the framework of his research activities during 2007 primarily with current basic challenges of modern statehood, how they evolve out of the increasing “Clash of Civilisations” (religiously and culturally) for the integration of self-defining sub-groups of a society, and – as a result of global terrorism – for the constitutional balance between freedom and security. Furthermore, contemporary issues regarding environmental law were also the subject of research.
Prof. Enders posed the question on 23 January 2007 within the Seniors’ College of the Universität Leipzig regarding constitutional options and limitations for the struggle against terrorism in his speech “The State in Crisis – Shooting Down of Commercial Airplanes and Torture as the Last Resorts in the Struggle Against the Threat of Terrorism?” This issue was also the subject, in an expanded and more detailed form, for the speech given by invitation from the Alfried Krupp Research College in Greifswald, and in the framework of the series of lectures “Boundaries of Law”, on 7 May 2007 with the title “The State in Crisis. The Struggle Against Terrorism at the Boundaries of the Constitutional State’s Power.” The now-traditional partnership collaboration with the Law Faculty of Ljubljana remained within this subject area as well for 2007. The joint seminar, which was originally initiated by Professors Enders, Kahlo und Kranjc (Law Faculty of the University of Ljubljana) in 2002 within the context of the international project “The Governmental Legal System Confronted with the Challenges Posed by Mechanisation and Internationalisation” and took place last year from 11 to 15 April 2007 in Ljubljana/Slovenia, assumed therefore the title “The Citizen as an Enemy? – Legal, Philosophical, Constitutional and Criminal Law Aspects of a Controversial Legal Concept”. The seminar was dedicated to individual sub-aspects of the highly-controversial concept of criminal law as it pertains to enemies of the state. Introduced and examined were – as corresponding to the circle of participants and the concept of a German-Slovenian community event – the respective legal positions within the two countries, which then was combined into a comparison of legal perspectives. The language for the conference was (once again) German, since one of the goals of the Slovenian co-organisers consisted of providing their students with insights into the culture of German law, and at the same time, German legal terminology as well as the German approach. On the Slovenian side, the circle of organisers was expanded in 2007 with the addition of the criminal law specialist Prof. Dr. Damjan Korosec. The succeeding seminar shall take place once again in Leipzig, according to the standard rotation, in 2008 with the topic “Artistic Freedom in the ‘Media Age’ and the Legal Protection of Colliding Interests”.
Within the same context, the seminar at the Evangelical Academy Hofgeismar also took place, which was dedicated to an in-depth investigation of the question “Enemy or Citizen- Special Privileges for ‘Enemies of the State’ as a Measure in the Struggle against Terrorism?” At this seminar, which was organised in collaboration with the Institute of the Foundations of Law of the Faculty of Law of the Universität Leipzig and the Republikanisch Anwältinnen- und Anwälteverein e.V. (RAV) and which took place from 15 to 17 June 2007, Professor Dr. Christoph Enders lectured on the topic of “The Rights of a Government during a State of Emergency – Regarding Constitutional Law Placement of the Ultima Ratio and the So-Called Criminal Law for Enemies of the State”.
Together with the members of the interdisciplinary working group founded in 2006 “Tolerance as an Organizing Principle” (consisting of the members Prof. Enders, Prof. Dr. Klaus Fitschen, Institute of Church History of the Faculty of Theology, Prof. Dr. Michael Kahlo, Institute of the Foundations of Law of the Faculty of Law; Professor Dr. Markus Kotzur LL.M. (Duke Univ.), Institute of Public International Law, European Law and Foreign Public Law of the Faculty of Law and Prof. Dr. Monika Wohlrab-Sahr, Institute of Cultural Studies of the Faculty of Social Sciences and Philosophy. Prof. Dr. Christoph Enders organized a symposium on 30-31 March 2007 on the topic “Criticism of Religion and Church in Art and Caricature”; this was a continuation of a conference with the working title “Tolerance as an Organizing Principle?” which had been held in 2006 with the Fritz-Thyssen-Stiftung (endowment). German and foreign representatives from the areas of Jurisprudence, Theology, Islamic Studies and Cultural Studies took part in this 2007 symposium as speakers and discussion group / debate leaders. Prof. Enders gave a lecture on the topic of “Structural Transition in the Criminal-Law Protection of Religious Perception”. This event was supported by the Association of Promoters and Friends of the Universität Leipzig e. V., the Centre for Higher Studies and the Sponsoring Society of the Law Faculty.
Prof. Enders also took part in a continuing-education seminar of the Saxony State Ministry of Justice on the topic of “Matters of State Security” in the Evangelical Academy Meißen and gave a lecture on the topic of “The Right to Assembly and Criminal Law Regarding the Right to Assembly”.
Furthermore, Prof. Enders was a participant from 19 to 21 September 2007 at the social-ethical symposium “Academic Freedom”, which took place in Goslar and was organized by the Evangelical Academy of the Evangelical-Lutheran State-Church in Braunschweig. Prof. Enders delivered a lecture with the title: “Academic Freedom under the System of Guaranteed Basic Rights”. This contribution is anticipated to be published in 2008 in a symposium-volume from the series “Braunschweiger Contributions Regarding Social-Ethics”.
Within the series of lectures “Christian Aspects of the Legal System” in the Saxony Higher Administrative Court , Bautzen, Prof. Enders spoke on 29 October 2007 on the topic “Subjectivity as a Constitutional Principle – Recognition of the Inviolability of Human Dignity as Based on Fundamental Law”.
On 15 November 2007, Prof. Enders organized jointly with Prof. Dr. Wolfgang Köck a seminar on the topic “Instruments of Environmental Law”. Among other things the discussion involved issues of “Environmental Tributes”, “Environmental Certificates” and “The Regulatory Instruments of Environmental Law”.
And to conclude, Prof. Enders took part on 14-15 December 2007 in a symposium on current issues of natural justice with the title “Justification of Human Dignity and Human Rights”. The organizer for this event was the Interdisciplinary Forum for Bio-Medicine and Cultural Sciences (IFBK) and the University of Heidelberg (Prof. Dr. W. Härle) in cooperation with the Konrad-Adenauer Foundation. Prof. Christoph Enders gave a lecture on the topic of “Human Rights as a Question of Faith? The Birth of Rights with the Morality of the Subject”. The contributions from this symposium will be published in a symposium volume.
Prof. Dr. Helmut Goerlich
Chair for Public and Administrative Law, Constitutional History and State Church Law
The summer term 2007 was a research semester for Prof. Goerlich. His research activity focused on constitutional law, media and broadcasting law and European law as reflected in publications in these fields. As in 2006, collaboration with universities abroad and scientific exchange have been centres of attention, particularly in the form of lectures and workshops.
On the occasion of stays at the University of Delhi (India) and at the NUJS Kolkata (India, West Bengal National University of Juridical Sciences), Prof. Goerlich gave lectures on the death penalty and art. 79 (3) GG (German Basic Constitutional Law). He lectured on “Human rights and basic principles of constitutional law” at the University of Bologna (Italy) and at the Koc-University of Istanbul (Turkey).
Prof. Goerlich participated in a conference on “Denationalisation and social self-regulation” where he spoke on “Sovereignty and supranationality – the transmission of parts of sovereignty on supranational organisations”.
Further on, Prof. Goerlich took part in a legal conference on the occasion of the 10th anniversary of the Kültür University of Istanbul (Turkey), within the topic “Public guidance and individual autonomy in public, private and penal law” he spoke on “The nation state – an obsolete concept?”.
In the field of media law, Prof. Goerlich arranged, inter alia, different lectures of guest speakers and published in broadcasting law.
Together with OKR Dr. Martin Richter (Berlin), Prof. Dr. Heinrich de Wall (Erlangen) and Prof. em. Dr. iur. Dr. theol. h.c. Christoph Link (Erlangen), Prof. Goerlich organised a seminar on state church and religion law. Current problems of constitutional law were discussed in a block seminar on “Recent decisions of the German Federal Constitutional Court – judicial reasoning and developments in law” which was organised in cooperation with Berthold Sommer (retired judge of the Federal Constitutional Court and the Federal Administrative Court) and Prof. Dr. Frank Rottmann.
Prof. Wolfgang Köck
Chair for Environmental Law
The Chair of Environmental Law was established in October 2001 in close collaboration 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 for sustainable development and with governance problems in environmental politics and environmental law.
In 2006 the following externally funded projects were completed:
“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 was 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 November 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 – 31st August 2007.
Options and implementation of spatial planning instruments regarding to the reduction of land consumption, Project funded by the Federal Ministry of Education and Research. Timeframe: 1st September 2006 – 31st 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 and Public Law were shaped by the assimilation of numerous long-term committed projects, which will also be continued in the coming years.
As was the case in the two previous report timeframes, Professor Kotzur was working, in a leadership capacity, on the draft for the interdisciplinary research focus “After Order”. This planned focus of research, jointly with professors from Jurisprudence, Theology, Political Science and Economic Science, etc. is meant to provide insights into developments in the area of “Governance Research”. Professor Kotzur collaborated in this context in 2007 with, among other things, development of the concept for the planned Post-Graduate Programme “Difference and Deviance”. This Post-Graduate Programme is intended to serve the interdisciplinary research of political integration processes in the age of globalisation. A special application for grants from the DFG will be submitted in 2008. Furthermore, Prof. Dr. Kotzur is a member of the interdisciplinary working group “Tolerance as an Organizing Principle”.
Research activities by Professor Kotzur were focused in European Law primarily on the development of various Commentaries on the European Community Treaty. The Commentaries on Art. 284 and 287 EGV in Grabnitz/Hilff were completed. Still currently being edited are the Art. 189 ff. Hailbronner/ Wilms and Art. 296 to 299 as well as 262 ff. Garbitz/ Hilf. Additionally, Professor Kotzur prepared jointly with Prof. Dr. Khan (Munich) and Prof. Dr. Geiger (Leipzig) a new edition (C. H. Beck Verlag) planned for 2008 of the Commentaries to EGV and EUV. Professur Kotzur was involved / will be involved as co-author.
In International Law, projects were developed in the fields of Social Justice and Sustainability as a dimension of International Law as well as tolerance as an international organizing principle, in particular as well in the example of religious freedom as a universal human right, as well as the protection of human rights under international law as focal points for research work. In collaboration with Prof. Dr. Ch. Enders, Prof. Kotzur worked out a project on the problem of “International Rule of Law” as a part of a larger planned collaboration-research plan with researchers at the Universities of Leipzig, London, Navarre and Helsinki, whereby the overall project will be coordinated by Prof. Dr. M. Koskenniemi (Helsinki). The results from a corresponding application for funds from the European Science Foundation were still pending at the end of 2007.
For the report year, Prof. Kotzur composed, in addition to the previously mentioned Commentaries, the following research publications:
An Orientation to Part VIII, Cultural Matters, in: The German Federal Law, Systematic Collection of Laws and Ordinances with Explanations, 0 VIII, from p. 1 on 1003. Delivery planned for December 2006, by Nomos Verlagsgesellschaft, Baden-Baden.
Informational Demands Made by the Parliament in the Democratic Constitutional State – Regarding the Decision BVerfGE (Federal Constitutional Court of Germany) 110, from p. 199 on, Jura, 2007, from p. 52 on. The Sustainable Social Welfare State, BayVBL. 2007, from p. 257; in addition: Issues from the University of Malaga (with a translation from Spanish ), presumably to be published in summer 2008.
Decisive for the World – on Rationality and Legitimacy Regarding the Resolutions of the UN Security Council, in: Annual Book of Current Public Law, Volume 55 (2007), from p. 23.
Cooperative Protection of Basic Rights – a Constitutional Perspective for Europe, in: Annual Book of Current Public Law, Volume 55 (2007), from p. 337.
References to International Law in National Constitutional Texts. The Reception of Constitutional-Federal Norms through International Law, in M. Schulte (Pub.), International Law. Accompanying booklet to the magazine “Theory of Law”, 2008, forthcoming.
The Preamble, Article regarding the Values and Goals of the European Union, in: M. Niedobitek/ J. Zemánek, Continuing the European Constitutional Debate, Berlin 2007
Moreover, Professor Kotzur taught in 2007 once again in numerous extra-curricular programmes. He was, for instance, co-organizer of a summer programme offered by the Universität Leipzig concerning “Minorities in Europe”, in which he provided various events covering International and European Law. This programme, tailored to American students, takes place exclusively in the English language and will be honoured in the respective American home-university of the students in the context of a “credit transfer”. Furthermore, Professor Kotzur organized jointly with Professor Häberle (Bayreuth / St. Gallen) and Professor Posavec (Zagreb) an interdisciplinary Summer School on the Topic “Future of the European Union between Constitutional and Reform Treaty” at the University Centre Dubrovnik.
In May of 2006, the sixth successive year of the German-American Association seminar took place on the topic “Euro-American Legal Issues”. Since May of 2001 seminars with this general topic have been organized alternately by the Juristenfakultät der Universität Leipzig and the School of Law of the University of Miami. The events are always held in the English language. The results are, in part, then published through the University of Miami. On the German side, the seminar was accompanied, in addition to Professor Kotzur, by Prof. Dr. T. Rauscher and Prof. Dr. H. Goerlich. On the American side, Prof. R. L. Williamson, Prof. Barnes and Prof. D. Abraham were in charge of the event. In addition to this, Professor Kotzur lectured in the context of the following events:
Athens
Development of the European Constitution
Osaka
Struggle against International Terrorism – European
Constitution Debate
Potsdam
General Explanation of Human Rights of the UN from 1948
FU Berlin
Peace and Social Justice – Is there a Threat of a Change in Paradigm?
Leipzig
The Diversity of Europe: Interdisciplinary Congress at the Universität Leipzig; Leadership of a discussion panel regarding “European Conflicts”
Leipzig
Comparison of the European Integration und MERCOSUR (under the auspices of a Congress of the Triana, German – Latin American Legal Practitioner Association)
Dubrovnik
Future of the European Union between Constitutional and Reform Treaty
Berlin
Social Market Economy in the Context of the Reform Treaty of Lisbon (under the auspices of an event sponsored by the Hallstein Institute / HU Berlin)
The research assistants of the Chair Runa Kinzel, Anna Kramer, Clemens Richter and André Wehner supported the work of the Chair considerably and contributed actively to the research work of the Chair. They continued in their doctoral candidate responsibilities parallel to this. Frau Gogolin was in residence at the Duke University (North Carolina, USA) from August 2006 to July 2007 and successfully took part in a Master’s Programme of their “School of Law”. Since the autumn of 2007, she has been working as research assistant at the Max Planck Institute for Foreign Public Law and International Law in Heidelberg. Frau Kinzel is currently working on Integration Methodology of the EuGH (European Court of Justice). Herr Richter published a contribution regarding “Xiamen Academy of International Law – an Example of International Cooperation in the Area of International Law” (VRÜ [Constitution and Law Overseas] 2007, from p.249) and a smaller article regarding “Protection of Human Rights and the Globalized Economy – with the Example of China in Africa” in the Newsletter of the Institute. Furthermore, he is a joint publisher with Prof. Dr. D. Klesczewski and Prof. Dr. T. Drygala of the Leipzig Legal Yearbook, which was published for the first time in 2007 as a continuation edition of the Collection of Leipzig Legal Seminar Works. Herr Wehner published, as regards paragraph § 217 – 269 InsO [Insolvency Code] in Blersch/Goetsch/Haas (Pub.), Berliner Kommentar Insolvenzrecht, Haufe Verlag, Berlin, commentaries in collaboration with solicitor Dr. Flöther. The two former student assistants Christian Kraus and Michael Krause were successful in being deployed as research assistants for the Chair activities.
Professor Kotzur also took on in the previous year 8 doctoral candidates, two of whom completed 2 works. Prof. Dr. em. Martin Oldiges, Dr. Ralf Brinktrine
Chair of Public Law, especially State and Administrative Law
Since the retirement of Prof. Martin Oldiges in March 2006, the Chair of Public Law, especially Constitutional and Administrative Law is vacant. Until August 2007 PD Dr. Ralf Brinktrine did research and teaching work at the Chair as a so-called “Lehrstuhlvertreter”. From October 2007 until March 2008 PD Dr. Sabine Schlacke represented the Chair.
PD Dr. Brinktrine carried out research in miscellaneous areas of administrative law. He gave lectures on law problems dealing with privatization: To which extent and in which forms can state responsibilities be transferred to private individuals? On which preconditions can buildings such as town halls owned by local communities be sold to private individuals?
Furthermore Mr. Brinktrine participated in the top-level research area entitled “Riskante Ordnungen” of the university of Leipzig. In this framework he read a paper on law problems concerning the combat against human and animal epidemics.
PD Schlacke started the revision of a textbook on environmental law which she has written jointly with her academic teacher Prof. Erbguth. It is scheduled for edition in April 2008. In addition to that she was beginning to publish her postdoctoral thesis. In German and European administrative law you can find as a basic principal that judicial review can only be required as far as individual rights are concerned and may be injured. In some German statutes and European Directives there are exceptions to this rule. In her thesis Mrs. Schlacke examines theses exceptions, brings them into a systematic order and works out the extent to which judicial review is possible. Her main focus thereby lies on the environmental law. Prof. Oldiges contributed to the fourth edition of a commentary to the German constitution. His commentaries referred to the section concerning the federal government (“Bundesregierung”, articles 62-69 of the German constitution). 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 holder of the Chair was occupied in 2007 primarily with the creation of a 1,300 page collection of Commentaries on Value-Added-Tax Law. Furthermore, several provisions were updated in the “Large Commentary on Value-Added-Tax Law by “Rau/Dürrwächter“, Cologne.
The research assistants Chr. Sauer and D. Hummel continued work on the completion of their dissertations “The Legal Position of Individuals Obligated to Withhold Taxes” and “Handling of Value-Added-Tax Legalities as Regards Buildings Constructed on Foreign Property”. S. Baldauf received the PHD degree with “The Internal System of Realisation of Profits as Regards Income-Tax Law”.
Institutes
Institute of Solicitors’ Law
The Institute of Solicitor’s Law was founded in August of 1997 and began its teaching and research activities in January of 1998. It is meant to contribute to an expanded awareness of the solicitor’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. Moreover, the inclusion of solicitors and notaries in teaching events promotes the interrelationships between theory and practice. In the context of implementation of the latest reform for the training of solicitors, the Institute of Solicitor’s Law has developed the major area of focus “Legal Counsel, Legal Formulation and Enforcing the Law”. The teaching events within this major area of focus were con-tinued and developed further within the timeframe of the annual report.
Dissertations within the area of Solicitor’s Law are being advised and awarded annually. For example, during the year for this research report a doctoral candidate’s proceedings were completed with a dis-sertation on the topic “Inter-Professional Collaboration within the Overlap Area between Law of Pro-fessional Rules and Regulation, and Law of Associations” (Daniel Grewe). This work was published at the end of 2007. Dissertations concerning the issues of solicitor’s legal fees (remuneration of court-appointed counsel) and concerning “Mediation as an Alternative Form of Conflict Resolution in the Area of Family Law”; A Legal-Comparative Examination Regarding German, Austrian and English Law” (Ulrike Serini) – these dissertations are to be submitted shortly (i.e. they are currently being assessed within the doctoral candidate’s proceedings).
Also in the year 2007, the administration of the Institute was involved with Legal and Notarial Formulation for numerous teaching events. Thus, respective seminars took place during both winter semes-ters 2007 and 2008 involving legal counsel and legal formulation. During the summer semester of 2007, a lecture covering an Introduction to the Solicitor’s Profession was offered within the frame-work of the study-area of major emphasis. Furthermore, teaching events were held based on initiatives of the Institute whereby Public Notary Dr. Hollenders, Dresden, lectured on Issues of Notarial Legal Formulation in the Area of Family Law (summer semester 2007), and in the area of Real Property Law (winter semester 2007/2008). These teaching events were, in part, accompanied by practitioners within the field.
Handling of issues regarding Extra-Judicial Settlement of Disputes and Mediation was continued and intensified.
The Institute of Solicitor’s Law was engaged as co-organizer for the Leipzig Insolvency Law Confer-ence Day, which, for the 8th time, took place within the timeframe of this report (19 February 2007), and shall take place again in 2008 (4 February 2008).
The Institute of Solicitor’s Law of the Universität Leipzig collaborates closely with the institutes and/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 Solicitors’ Association of Leipzig within the Solicitors’ Association of Germany. 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 German as well as International Banking Law and Capital-Market law. This comprises all relevant components of Civil Law, Procedural Law, Law on Competition, Right of Supervision, as well as other Commercial Law. In this context, special emphasis is placed on developments at the European level.
The Directors of the Institute continue to supervise crucial sections of the standard handbooks on Capital-Investment Law and Banking Law:
- The third edition of the Handbook for Banking Law (Bunte/Lwowski/ Schimansky; Verlag C.H.Beck, Munich 2007) is presently available. It is the area of responsibility for the Institut to cover, in particular but not limited to, all chapters which pertain to cross-border banking transactions (Perimeters of Foreign law, Banking Transactions within the European Domestic Market, International Circulation Exchange, Collateral Security for Cross-Border and Foreign-Credit Transactions).
- Moreover, the Directors have continued to oversee further sections of the Handbook for Banking Law, such as: Law Regarding Joint Accounts, Frozen Accounts, Trust Accounts, Third-Party Security Accounts (respectively in collaboration with W. Harding) as well as Representation of the Bank Transfer in International Business Transactions (also in collaboration with W. Harding) and preparation of Commercial Credit, Reorganization Loans and Syndicate Loans (also in collaboration with W. Harding)..
- The Directors contributed furthermore- in the 6th volume of the Munich Commentary on Commercial Law (HGB) (Publisher C.H. Beck, 2nd edition 2007)- the chapter on Commission Transactions (§§ 383 – 406 Commercial Code), as well as in the 5th volume (2nd edition- publication planned for 4th quarter 2008) commentaries on several general provisions relating to commercial transactions (§§ 358 – 362 and 366 – 372 Commercial Code). In the chapter on Law Regarding Payment Transactions, the following have been re-worked: the Giro-Account relationship, money-transfer transactions, debit and cheque transactions, as well as EC debit-card procedure. International Banking is included within the re-working of Bank Guarantees.
- In the Soergel Comprehensive Commentary, the Directors provide commentary on the Law of Bearer Bonds and Savings Bank-Book, Consumer Loans, Surety Bonds, Law regarding Recognition of Liability, Law regarding Wagering and Gambling, Life Annuity, Recognition of Liability and Acknowledgement of Indebtedness and, the Law of Directives (12th edition Publisher Kohlhammer, Stuttgart 2007). For our part, this is correct but, for example, Consumer Loans contribution was not included in 2007.
- Furthermore, the Institute continues to oversee the revisions for the textbook “Banking Law” (Publisher dtv, 34th edition 2007), which, due to the extensive changes in banking and capital markets every year, must be updated on a regular basis.
- Developments at the European level have, once again, proved to be a focal point within the timeframe of this report. Within the framework of a project in collaboration with the Verbraucherzentrale Bundesverband e.V. (Federal Central Consumer’s Association), studies have been generated regarding Payment Transactions (payment services guidelines) and New Directives for Cross-Border Transactions (Rom-l Ordinance). The Institute was, furthermore, involved in events regarding orientation for these new developments in practical application.
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 2007 on general Criminal Law and the Law of the Protection of Minors from Harmful Media. Together with the research assistant Dr. Antje Schumann, Prof. Schumann worked on a treatise on the concept of the “closed user-group” included in the sentence of the paragraph § 4 Section 2 page 2 Child Media Protection -Staatsvertrag (Treaty) and the paragraph § 184c StGB (Penal Code). Dr. Antje Schumann began, furthermore, with the work on her thesis for a post-doctoral lecture qualification concerning the concept of interrogation in the Law of Criminal Procedure.
Additionally, work on the following dissertations was continued: government-counsel-to-be Michael Ullrich: Foundation of the Programme for Respect of Human Dignity and the Sanctionability of its Violation; Mr. Mohamed Turko: Legal Provisions for Protection of Children against Parental Violence; Solicitor Jörg Schädlich: Problems with Statements of Facts in Insolvency Protraction; Solicitor Marc Herbert: Obligation to State Justification in the Initiation of Preliminary Criminal Investigation Proceedings; RiSozG Isabel Heinz: The Foreign Terrorist Organization. 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 of environmental and planning law held its annual conference in April. It dealt with law problems concerning the restoration of contaminated law. The discussions focussed on the draft of an EC directive proposed by the European Commission. All speeches and discussions of this conference are to be published in Volume 13 of the “Leipziger Schriftenreihe zum Umwelt- und Planungsrecht”.
Institute of International Law, European Law and Foreign Public Law
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