Hans-Joachim Jentsch

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Hans-Joachim Jentsch
Justice of the Federal Constitutional Court of Germany
In office
3 May 1996 – 28 September 2005
Personal details
Born(1937-09-20)20 September 1937
Fürstenwalde
Died28 March 2021(2021-03-28) (aged 83)
Wiesbaden

Hans-Joachim Jentsch (September 20, 1937 – March 28, 2021)[1] was a German lawyer and politician (CDU). He was a member of the German Bundestag from 1976 to 1982, mayor of Wiesbaden – the capital of Hesse – from 1982 to 1985, a member of the Landtag of Hesse from 1987 to 1990, minister of justice in Thuringia from 1990 to 1994, and a justice of the Federal Constitutional Court from 1996 to 2005.

Biography[edit]

After passing the Second State Examination in 1966, Jentsch received his doctorate in Marburg with a thesis titled Die Beurteilung summarischer Exekutionen durch das Völkerrecht. In the same year he was admitted to the bar and practiced in Wiesbaden. In 1977, he was also appointed as a notary public. Both licenses were suspended during his activities as mayor, minister and constitutional judge.

Hans-Joachim Jentsch was married, had an adult daughter and last lived in Wiesbaden. He died in March 2021 at the age of 83.[2]

Member of Parliament[edit]

Jentsch was a member of the German Bundestag from December 14, 1976, to September 8, 1982. He belonged to the Landtag of Hesse in its 12th legislative period. He succeeded Otti Geschka, who had been appointed state secretary, in the state parliament on April 27, 1987, but resigned his seat on November 19, 1990, to take up his ministerial post in the Thuringian state government.

Public offices[edit]

In 1982, Jentsch was elected mayor of Wiesbaden by the city council. After the 1985 Hessian municipal elections, he was prematurely recalled from office by the city council due to a change in majority.

After German reunification, Jentsch joined the first state government of the restored state of Thuringia on November 8, 1990, as Thuringia's Minister of Justice. From June 18, 1991, to February 11, 1992, his portfolio bore the name "Thuringian Ministry of Justice, Federal and European Affairs." On November 30, 1994, Jentsch resigned from the state government as a result of the formation of a new government following the 1994 state elections. From 1995 to 1996, Jentsch served as a member of the Thuringian Constitutional Court.

From October 1994, he was a lecturer at the Faculty of Law at Friedrich Schiller University in Jena. In September 2004, the Thuringian Minister of Culture appointed him honorary professor.

Justice of the Federal Constitutional Court[edit]

From May 3, 1996, until his retirement on September 28, 2005, Jentsch was a member of the Second Senate of the Federal Constitutional Court, most recently acting as rapporteur in party prohibition and election review proceedings, as well as in party and election law proceedings. He was considered the most "political" justice of the Federal Constitutional Court in his time.[3][4]

As rapporteur, he played a leading role in the decisions of the Federal Constitutional Court on the NPD ban proceedings of March 18, 2003,[5] on the junior professorship[6] of July 27, 2004, and on the dissolution of the 15th German Bundestag following the vote of confidence of August 25, 2005 ("Confidence Question II").[7] In the headscarf ruling, Jentsch was a member of the minority and, together with Judges Udo Di Fabio and Rudolf Mellinghoff, voted against the teacher's constitutional complaint and thus in favor of the Higher Education Authority of Baden-Württemberg, based on the principle of the neutrality of schools and the headscarf as a political symbol. In the decision of the Federal Constitutional Court of August 25, 2005, on the dissolution of the 15th German Bundestag, he was the only judge not to take the view of the Senate majority. Jentsch justified his special vote by arguing that the dissolution of the Bundestag through a "constructed lack of confidence" would lead to a right of the Bundestag to dissolve itself, which is deliberately not provided for in the Basic Law, if the justification were based solely on the Chancellor's assessment of the situation.

Honors[edit]

In July 2002, the Faculty of Law at Friedrich Schiller University in Jena awarded Hans-Joachim Jentsch an honorary doctorate "for his academic achievements in the field of constitutional and constitutional law and his special services to the polity and to legal and constitutional development in Germany."[8] In 2005, he was awarded the Grand Cross of Merit with Star and Shoulder Ribbon of the Order of Merit of the Federal Republic of Germany.

By resolution of September 21, 2006, he was awarded honorary citizenship of the city of Wiesbaden.[9] The Prime Minister of Hesse, Volker Bouffier, awarded Hans-Joachim Jentsch the Wilhelm Leuschner Medal for services to German unity on November 5, 2010.[10]

References[edit]

  1. ^ "Hans-Joachim Jentsch † 28.03.2021". Frankfurter Allgemeine Zeitung (in German). April 3, 2021. Archived from the original on April 14, 2021. Retrieved November 14, 2021.
  2. ^ "Politiker und Verfassungsrichter Jentsch gestorben". Die Zeit (in German). ZEIT ONLINE GmbH. March 29, 2021. Retrieved November 14, 2021.
  3. ^ "Die acht Richter des Zweiten Senats im Porträt". Deutsche Welle (in German). Deutsche Welle. August 25, 2005. Archived from the original on April 8, 2022. Retrieved November 14, 2021.
  4. ^ "Pressemitteilung Nr. 24/2021: Ehemaliger Richter des Bundesverfassungsgerichts Prof. Dr. Dr. h. c. Hans-Joachim Jentsch verstorben". Federal Constitutional Court (in German). March 30, 2021. Archived from the original on August 29, 2021. Retrieved October 15, 2023.
  5. ^ Az. 2 BvB 1/01 Archived November 14, 2021, at the Wayback Machine BVerfGE 104, 370 = NJW 2002, 1187
  6. ^ Az. 2 BvF 2/02 Archived January 20, 2022, at the Wayback Machine BVerfGE 111, 226 = NJW 2004, 2803 = NVwZ 2004, 1483.
  7. ^ Az. 2 BVE 4/05 Archived March 30, 2022, at the Wayback Machine BVerfGE 114, 121 = NJW 2005, 2669 = DVBl 2005, 1310 = JuS 2006, 75.
  8. ^ "Bundesverfassungsrichter Jentsch erhielt Ehrendoktorwürde an der Universität Jena". University of Jena (in German). July 4, 2002. Archived from the original on September 30, 2007. Retrieved November 14, 2021.
  9. ^ "Professor Dr. Hans-Joachim Jentsch". Wiesbaden (in German). Archived from the original on May 22, 2023. Retrieved November 14, 2021.
  10. ^ Michael Bußer: Newsletter der Hessischen Landesregierung vom 5. November 2010.
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