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Dr. Martin Heidebach

Summer Semester 2019

Martin Heidebach – PortraitMartin Heidebach is an Assistant Professor at LMU Munich's Institute of Politics and Public Law. After studying law (First State Examination in 2005) at LMU and after completing his legal traineeship at the Higher Regional Court of Munich (including a stay in Asunción, Paraguay; Second State Examination in 2007), Martin Heidebach was until 2012 a research assistant of Professor Hans-Jürgen Papier, former President of the Federal Constitutional Court, who supervised his doctoral thesis in 2013. He then worked as a research assistant of Professor Rudolf Streinz.

In his current research project (habilitation), he examines the territorial scope of administrative action in the federal state. The main question is to what extent the actions of agencies within a federal state are limited by their territory. This problem has existed in Germany at least since the unification of the empire in 1871, but a convincing legal analysis has not yet been done. At the same time, the number of possible intra-federal conflicts is growing parallel to the mobility of the population. One practical example is the decision of the Federal Constitutional Court of 30 June 2015 on the question of whether the granting of corporate status to the religious community of Jehovah's Witnesses by the state of Berlin has a nationwide effect. A more recent problem is the territorial scope of an electronic tag order for so-called "dangerous persons" (Gefährder) based on the recently amended Bavarian police law. Is a "dangerous Person" obliged to wear the electronic tag even if he leaves Bavaria? The aim of the project is to find generalizable legal standards for the various possible categories of over-territorial administrative action.

During his stay as Junior Researcher in Residence at CAS, Martin Heidebach will pursue the core issues of this project. These include a "vertical" legal comparison with transnational administrative action in International Law and within the European Union. These two topics will be addressed in a workshop. Since every federal state is confronted with the basic problem, the classic "horizontal" comparison of laws is also promising. He has invited Professor Robert St. Martin Westley of Tulane University Law School, New Orleans as a Visiting Fellow to exchange views on this topic. On this basis, he then wants to examine the legal framework of national constitutional and administrative law.

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