Stephan Harbarth

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Person.png Stephan Harbarth  Rdf-entity.pngRdf-icon.png
(politician, judge, lobbyist)
Stephan Harbarth by-Olaf-Kosinsky-CC30.jpg
Born19 December 1971
Heidelberg, Baden-Württemberg, Germany
NationalityGerman
Alma materUniversity of Heidelberg, Yale University
ReligionCatholic
PartyChristian Democratic Union of Germany
President of the Federal Constitutional Court of Germany with an itch to censor independent media. Previously corporate lawyer/lobbyist and politician.

Employment.png Member of the Bundestag for Rhein-Neckar

In office
27 October 2009 - 30 November 2018

Stephan Harbarth is the President of the Federal Constitutional Court of Germany, former German corporate lawyer/lobbyist in the law firm Shearman & Stirling, and politician of the Christian Democratic Union (CDU) and collaborator of Angela Merkel.[1][2]

From 2009 until 2018 he was a member of the Bundestag, while at the same time receiving large fees from Shearman & Stirling. On 22 November 2018 he was elected to the Federal Constitutional Court by the Bundestag. On 23 November 2018, one day after his election to the court, he was elected Vice President of Court by the Bundesrat, and President since 2020.[3]

Education and early career

From 1991 until 1996, Harbarth studied law at the University of Heidelberg. He received his Ph.D. in 1998, with a thesis on investor protection in public sector companies. In 2000 completed an LL.M. program at Yale Law School, on a scholarship of the German Academic Exchange Service (DAAD).

From 2006 until 2008, Harbarth was a partner of the international law firm and lobbyist Shearman & Sterling in Mannheim.

Political career

Harbarth became a member of the German Bundestag in the 2009 elections. In his first term, he sat on the Committee on Legal Affairs and its Subcommittee on European Law. From 2014 until 2016, he led his parliamentary group's work in the Committee on Legal Affairs and Consumer Protection. During this time, he was the group's rapporteur on the German Stock Corporation Act (AktG).

From 2016, Harbarth was deputy chairman of the CDU/CSU parliamentary group, under the leadership of successive chairmen Volker Kauder (2016-2018) and Ralph Brinkhaus (2018). In this capacity, he coordinated the group's legislative activities on consumer protection, domestic affairs, sports, and minorities. He was also a member of the Committee on Rules of Procedure, Immunities and Institutional Affairs. In the negotiations to form a coalition government under the leadership of Chancellor Angela Merkel following the 2017 federal elections, he was part of the CDU delegation.[4]

He was strongly in favor of the 2018 UN Migration Pact[5][6] and the retention of of the citizen's telephony and internet traffic and transaction data. [7]

President of the Federal Constitutional Court

The independent journalist Werner Rügemer pointed out how unsuited (or compromised) he was for the job:

  • As a CDU deputy in the Bundestag, he violated the law regulating parliamentarians. It states: The mandate must be the main activity. But Harbarth worked full-time as a lawyer with an annual income of millions of euro.[8]
  • In the Shearman & Stirling law firm, in which Harbarth was first a lawyer and then a co-owner, the largest tax fraud in German history, the Cum-Ex-billion trick, was brought to legal maturity. At the same time, the cum ex mastermind Hanno Berger was active in the same law firm.[9]
  • Shearman & Stirling is a leading law firm in international private arbitration - hardly a guarantee for the protection of the German Basic Law.
  • Harbarth has represented large companies as a lawyer for the commercial law firm SZA since 2008, and the law firm still represents Volkswagen, which committed fraud in emissions measurements. Harbarth prevented a deal with VW in the Bundestag.
  • Harbarth's law firm was and is also active as a tax consultant for companies and for wealthy private individuals. Harbarth also worked with this.
  • As a member of parliament, he advocated harsh sanctions against the unemployed. He delayed the statutory minimum wage for as long as possible – but the legal expert has never criticized the fact that companies time and again failed to pay millions, without penalty.

Dinner at the Chancellery during Covid

At the end of June 2021, Chancellor Angela Merkel invited Germany's most important judges, the Federal Constitutional Court with their President Stephan Harbarth, to dinner - despite ongoing processes in Karlsruhe that affect the federal government. At the dinner, Minister of Justice Lambrecht even gave a passionate speech on the German Corona policy, which include lockdowns, vaccine passports, medical-looking masks, etc.

It was about an ongoing judicial process "... which the Federal Constitutional Court is currently dealing with: the constitutional complaints against the Fourth Civil Protection Act, the "Federal Emergency Brake", with which the Federal Government had decided on far-reaching measures in the fight against Covid-19."[10][11]

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References


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