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Sabine Leutheusser-Schnarrenberger
Federal Minister of Justice
In office
28 October 2009 – 17 December 2013
ChancellorAngela Merkel
Preceded byBrigitte Zypries
Succeeded byHeiko Maas
In office
18 May 1992 – 17 January 1996
ChancellorHelmut Kohl
Preceded byKlaus Kinkel
Succeeded byEdzard Schmidt-Jortzig
Member of the Bundestag
for Bavaria
In office
2 December 1990 – 22 September 2013
ConstituencyFree Democratic Party List
Personal details
Born
Sabine Leutheusser

(1951-07-26) 26 July 1951 (age 73)
Minden, West Germany
Political partyFree Democratic Party
Alma materUniversity of Göttingen
Bielefeld University
Signature
WebsiteOfficial website

Sabine Leutheusser-Schnarrenberger [zaˈbiːnə ˈlɔʏthɔʏsɐ ˈʃnaʀənˌbɛɐ̯ɡɐ] (née Leutheusser; born 26 July 1951) is a German politician of the liberal Free Democratic Party and a prominent advocate of human rights in Germany and Europe.[1] Within the FDP, she is a leading figure of the social-liberal wing. She served as Federal Minister of Justice of Germany from 1992 to 1996 in the cabinet of Helmut Kohl and again in the second Merkel cabinet from 2009 to 2013. In 2013, the new German government announced Leutheusser-Schnarrenberger's candidacy for the office of the Secretary General of the Council of Europe.[2][3]

Early life and work

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Sabine Leutheusser was born in Minden, North Rhine-Westphalia. After graduating from gymnasium in Minden in 1970, Leutheusser-Schnarrenberger started studying law in Göttingen and Bielefeld.

In 1975, she passed the first state exam in Hamm, in 1978 the second state exam in Düsseldorf. From 1979 to 1990, she worked at the Deutsches Patent- und Markenamt in Munich, eventually as managing director. In addition to her mandate as a member of the German parliament (Bundestag), she worked as a lawyer in Munich since 1997.

Political career

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In 1978 Leutheusser-Schnarrenberger became a member of the Free Democratic Party (FDP). Since 1991 she has been a member of federal board of the FDP.

Member of the Bundestag and Federal Minister of Justice, 1992–96

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From 12 December 1990 Leutheusser-Schnarrenberger was a member of the German Bundestag. On 18 May 1992 she was sworn in as Federal Minister of Justice of Germany, following the nomination of incumbent Klaus Kinkel as Foreign Minister in the government of Chancellor Helmut Kohl. She had previously won an internal vote against Burkhard Hirsch and became the first woman to hold this office.[4]

Upon taking office, Leutheusser-Schnarrenberger pushed for police receiving new training and equipment to counter extremism and tougher court sentences for those found guilty of extremist violence.[5]

In 1994, she publicly condemned a regional court for adulating radical rightist leader Günter Deckert after handing him a light sentence for Holocaust denial, calling the judges’ decision "a slap in the face to all victims of the Holocaust".[6] When Denmark agreed to extradite Gary Lauck, an American neo-Nazi charged with being the main supplier of illegal fascist propaganda to German authorities in 1995, Leutheusser-Schnarrenberger called the decision a "great victory against right-wing extremism."[7]

In 1995 there was a broad public discussion in Germany about the invulnerability of the private domain by means of acoustic observation (Großer Lauschangriff, literally "big eavesdropping attack").[8] In this argument Leutheusser-Schnarrenberger strongly objected to expanding the state's right to interfere in citizens' private domain. After the members of the FDP decided in a poll to support the conservative lead of the CDU in this matter, she resigned from her office on 1 January 1996.[9]

From May 1997 Leutheusser-Schnarrenberger was a member of the Steering Committee of the FDP ("Präsidium"). On 2 December 2000 she also became FDP chairwoman for the Federal State of Bavaria. She served twice as Deputy Chairwoman of the FDP parliamentary group, from 2 February 2001 to 2 October 2002 and from 27 September 2005 until 28 October 2009.

Member of the Bundestag and the Parliamentary Assembly of the Council of Europe, 1996–2009

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Following her time in government, Leutheusser-Schnarrenberger sharpened her profile as deputy parliamentary leader of the FDP and high-profile civil rights campaigner.[10] From 1999 to 2000 she was a member of an international inquiry commission of the United Nations to examine allegations of human rights violations in East Timor and submitted its report to secretary general Kofi Annan.[11]

During the 16th Legislative Term of the Bundestag between 2005 and 2009, Leutheusser-Schnarrenberger was spokeswoman on legal policy for the FDP parliamentary group, chairwoman of the FDP in the parliamentary committee on legal affairs and alternate member in the parliamentary Committee on Human Rights and Humanitarian Aid. From 2009, she also served on the parliamentary body in charge of selecting the judges of the Highest Courts of Justice, namely the Federal Court of Justice (BGH), the Federal Administrative Court (BVerwG), the Federal Fiscal Court (BFH), the Federal Labour Court (BAG), and the Federal Social Court (BSG).

Leutheusser-Schnarrenberger was also active in the Council of Europe. From 2003 to 2009 she was member of the German delegation at the Parliamentary Assembly of the Council of Europe. As member of the Council of Europe's Committee on Legal Affairs and Human Rights, she conducted an investigative trip to Russia and authored a critical report on the country's judicial system.[12] In 2008, she presented a report to the Parliamentary Assembly on the investigation of the Gongadze case and other crimes of the Kuchma era in Ukraine. Titled Allegations of Politically Motivated Abuses of the Criminal Justice System in Council of Europe Member States, her 2009 report examined alleged abuses in Britain, Germany, France, and Russia.[13] Much of the document focused on Russia, detailing several recent cases that "give rise to concerns that the fight against 'legal nihilism' launched by President Medvedev is still far from won."[14] During an April 2009 visit to Ukraine, Leutheusser-Schnarrenberger, co-rapporteur of the Parliamentary Assembly's Committee on Legal Affairs and Human Rights, cautiously encouraged reform of the parliamentary system in Ukraine. She also expressed regret that those who ordered Georgiy Gongadze's murder had still not been brought to justice.[15]

In 2008, Leutheusser-Schnarrenberger – in her role as chairwoman of the FDP in Bavaria – successfully ran the party's election campaign in the Bavarian state elections that year, where the FDP reentered the state parliament after 14 years of absence.[citation needed]

Federal Minister of Justice, 2009–13

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In the negotiations to form a coalition government of the FDP and the Christian Democrats (CDU together with the Bavarian CSU) following the 2009 federal elections, Leutheusser-Schnarrenberger led the FDP delegation in the working group on internal and legal affairs; her counterpart of the CDU/CSU was Wolfgang Schäuble.

Between 2009 and 2013, Leutheusser-Schnarrenberger served as Federal Minister of Justice again, this time in the second Merkel cabinet. Alongside four men, she was the only female FDP member in Merkel's cabinet[16] and the only FDP member of the cabinet to have previously held government office.[17] During her time in office, she would often push the FDP's pro-civil liberties agenda, but frequently encountered resistance from a conservatives-controlled interior ministry led by Thomas de Maizière and later Hans-Peter Friedrich.[18]

In 2010, former president of the Federal Constitutional Court Jutta Limbach in an interview proposed that Leutheusser-Schnarrenberger be made a judge at the court, praising her "intellectual honesty";[19] instead, Andreas Voßkuhle was nominated by the SPD.

In 2011, Leutheusser-Schnarrenberger became one of the first prominent Free Democratic politicians to suggest a change in the party's top leadership. She recommended that the incumbent Guido Westerwelle be replaced by Christian Lindner, then the party's general secretary.[20]

Ahead of the 2013 elections, Leutheusser-Schnarrenberger was elected to lead her party's campaign in the state of Bavaria.[21]

Candidacy for Secretary General of the Council of Europe, 2013–14

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Leutheusser-Schnarrenberger with Wolf-Dieter Zumpfort, Steffen Saebisch, Wolfgang Gerhardt, Karl-Heinz Paqué and Manfred Richter (2017)

In 2013, the new German government announced Leutheusser-Schnarrenberger's candidacy for the office of the Secretary General of the Council of Europe.[22][23] From December 2013, Leutheusser-Schnarrenberger visited more than 20 member states.

In the first round of the election on 24 June 2014, Leutheusser-Schnarrenberger lost against incumbent Thorbjørn Jagland who obtained an absolute majority.[24]

Later career

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Leutheusser-Schnarrenberger continues to be a frequent commentator on human rights and data protection in German media. In 2014, she was appointed to an advisory council established by Google on implementing the right to be forgotten.[25]

Since 2014 Leutheusser-Schnarrenberger has been a Member of the executive board of the Friedrich Naumann Foundation for Freedom.[26] In 2018, she was also appointed to the honorary office of State Commissioner for the Fight against Anti-Semitism in the government of Minister-President of North Rhine-Westphalia Armin Laschet.[27]

Political views

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On crime and prosecutions

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Soon after taking office in 2009, Leutheusser-Schnarrenberger demanded that US courts could not seek the death penalty for terrorists Zacarias Moussaoui and Ramzi Binalshibh in return for receiving evidence provided by German investigators. In order to verify that the US government keeps its word, she teamed up with the Foreign Ministry to send German observers to monitor the trial in New York.[28]

Under legislation introduced by Leutheusser-Schnarrenberger following a wave of revelations about Catholic priest abusing minors in 2011, Germans who were sexually abused as children today have as long as 30 years after they turn 21 to bring accusations in court; the previous statute of limitations on civil abuse cases was three years.[29] The minister also urged the church to compensate victims and participate in a "round table" with their representatives.[30]

On data protection

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In 2010, talking about issues like privacy and copyright, she complained about Google's instinct for "pressing ahead" and its "megalomania".[31] That same year, she asked Apple Inc. to tell state data protection officials about the kind of data the company was gathering on individual iPhone users in Germany.[32] In a case Leutheusser herself brought to the Federal Constitutional Court of Germany, the judges eventually rejected a core piece of security legislation that requires data on telephone calls and e-mail traffic to be stored for up to six months for possible use by law enforcement and intelligence agencies.[33] As part of the draft of a law governing workplace privacy, she proposed placing restrictions on employers who want to use Facebook profiles when recruiting.[34] She also expressed her support for legislation that would punish officials who purchase illegally obtained data of German tax evaders in Switzerland.[35]

In response to the 2013 mass surveillance scandal, Leutheusser-Schnarrenberger, in a guest editorial for the Web site Spiegel Online, called the revelations about the U.S. surveillance "deeply disconcerting" and possibly "dangerous."[36] A week before President Barack Obama's visit to Berlin in June 2013, she rejected Obama's earlier statement that "you can’t have 100 percent security and also then have 100 percent privacy and zero inconvenience."[37] In her commentary she wrote: "I don’t share this assessment. A society is less free the more intensively its citizens are watched, controlled and observed. Security is not an end in itself in a democratic society, but rather serves the security of freedom."[38]

Shortly after, Leutheusser-Schnarrenberger sent two letters to the British justice secretary, Chris Grayling, and the home secretary, Theresa May, stressing the widespread concern the disclosures about the GCHQ Tempora programme triggered in Germany and demanding to know the extent to which German citizens have been targeted.[39] At the same time, Leutheusser-Schnarrenberger demanded that the German intelligence service BND provide a full explanation after it admitted to passing on massive amounts of so-called "metadata" to the NSA.[40] When the United States approached E.U. justice ministers in October 2013 about signing an agreement to extradite former NSA contractor Edward Snowden to the U.S. should he set foot on their soil, Leutheusser-Schnarrenberger refused to sign because she was not certain that Snowden had broken any laws and because he might make a good witness in a German parliamentary inquiry.[41]

On LGBT rights

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Leutheusser-Schnarrenberger long sought to make LGBT rights in Germany a key plank in the Free Democrats' platform.[42] In 2012, she had her office prepare a "draft of a law to revise the rights of domestic partners," which would have put gays and lesbians on equal footing with married couples in all conceivable spheres of life, including adoption.[43] When the Federal Constitutional Court of Germany ruled in 2013 that excluding same-sex couples from a tax benefit available for married partners is unconstitutional and said the government must retroactively change the 12-year-old legislation, she pressed for legislative action.[44] Again, after the court decided that gays and lesbians should be allowed to adopt children already adopted by their partners, the minister argued that "[t]he decision to put civil unions and marriage on level footing needs a big push"; however, her party's efforts failed due to opposing views of her conservative coalition partner.[45]

On rule of law in Russia

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After a Russian court found deceased lawyer Sergei Magnitsky guilty of tax evasion in 2013, Leutheusser-Schnarrenberger condemned the posthumous verdict, saying on Twitter: "The conviction of the dead Magnitsky is further evidence of the Sovietization of Russia." A presidential human rights commission headed by former Russian president Dmitry Medvedev had found in 2011 that the charges against the lawyer had been fabricated.[46]

With regard to the Russian LGBT propaganda law introduced in 2013, she commented in Welt am Sonntag that "Russia is taking another big step towards becoming a flawless dictatorship in ostracizing homosexuals."[47] Unlike German chancellor Angela Merkel and foreign minister Guido Westerwelle at the time, Leutheusser-Schnarrenberger later suggested that the newly enacted law, which discriminates against gays and lesbians, could be grounds for boycotting the 2014 Winter Olympics.[48]

On 3 March 2015, Leutheusser-Schnarrenberger attended the funeral of Russian politician Boris Nemtsov, who had been shot and killed on 27 February 2015.[49]

Leutheusser-Schnarrenberger called chancellor Angela Merkel to show commitment to convince Russian president Vladimir Putin to release jailed Ukrainian filmmaker Oleg Sentsov.[50]

On the fight against terrorism

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After then-Interior Minister Wolfgang Schäuble confirmed in late 2005 that, under the previous government led by Gerhard Schröder, German agents had interviewed Mohammed Haydar Zammar, Leutheusser-Schnarrenberger condemned these methods: "If you're not allowed to torture, then you're not allowed to profit from information that may have been obtained through kidnapping and torture."[51]

During a domestic debate on anti-terrorism legislation, Leutheusser-Schnarrenberger in 2010 warned that passenger profiling in German airports where passengers are categorized as high or low risk based on, among other things, their ethnic background, might fall foul of German and European law.[52]

On arms exports

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In the Federal Security Council [de] (Bundessicherheitsrat), Leutheusser-Schnarrenberger was one of the most vocal critics of German arms exports to Saudi Arabia. In 2011, she initially opposed Merkel when the Council discussed Saudi Arabia's request for up to 270 Leopard 2 tanks, but then she deferred to the cabinet's decision. Leutheusser-Schnarrenberger did not attend a Council meeting in December 2012 when the ministers voted on the purchase of a few hundred "Boxer" armed transport vehicles.[53]

On European integration

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During the 2012–13 Cypriot financial crisis, Leutheusser-Schnarrenberger broke new ground by calling directly on European Union leaders to do more to defend Germany's role in helping the weaker Eurozone members.[54] She noted that although all Eurozone member countries were involved in deciding on aid packages when a country applied for help, Germany always ended up as the target of anger.[55]

On Vergangenheitsbewältigung of German Nazi pastlko;

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See also: Vergangenheitsbewältigung

During the period of Reunification in the 1990s', Leutheusser Schnarrenberger, as Minister of Justice, refused to return eight buildings in East Germany belonging to six Austrian Jewish citizens. Allgemeine Judische Wochenzeitung; 10 September 1992; "Expropriation through the back door; German Government adds to its coffers / Loopholes in German bureaucracy make Injustice permanent." ("Enteignung durch die Hintertur. Der Bund bereichert sich / winkelzuge deutscher burokratie schreiben unrecht fest").

In the 2012 Munich artworks discovery, Leutheusser-Schnarrenberger refused to retroactively extend the statute of limitations in order to prosecute Cornelius Gurlitt, the 80-year-old who hoarded artworks for half a century, urging him instead to acknowledge he has "moral as well as legal obligations."[56]

Other activities

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Corporate boards

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Non-profits

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Recognition

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Personal life

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Leutheusser-Schnarrenberger lives in Feldafing. She is widowed, after her husband, Ernst Schnarrenberger, died of cancer in 2006. Her father, Dr. Horst Leutheusser, was also a lawyer, and deputy mayor of Minden as member of the CDU. Her uncle, Wolfgang Stammberger, was one of her predecessors as minister of justice (from 1961 to 1962).

Publications (selection)

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  • "Gegenkurs. Plädoyer für eine selbstbewusste Politik der Freiheit" (96).
  • Zwischen Einbürgerung und politischer Partizipation 'ausländischer Mitbürger'. Welchen Spielraum gewährt der demokratische Rechtsstaat in Deutschland? In: Büttner, Christian / Meyer, Berthold (eds.): Integration durch Partizipation. 'Ausländische Mitbürger' in demokratischen Gesellschaften. Campus Publisher 2001, pp. 31–43
  • Vorratsdatenspeicherung – Ein vorprogrammierter Verfassungskonflikt. In: Zeitschrift für Rechtspolitik, 2007, p. 9 ff.
  • Auf dem Weg in den autoritären Staat. In: Blätter für deutsche und internationale Politik, Edition 1/2008, pp. 62–70

References

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  1. ^ Germany’s Justice Minister Hails Three European Courts as "Shining Stars" Columbia Law School, press release of 2 December 2011.
  2. ^ Stefan Braun (26 November 2013), Leutheusser-Schnarrenberger kandidiert für Posten beim Europarat Süddeutsche Zeitung.
  3. ^ Juncker seen as possible candidate for Council of Europe post EurActiv, 19 July 2013.
  4. ^ Normal und praktisch Der Spiegel, 11 May 1992.
  5. ^ Tyler Marshall (25 November 1992), Bonn Moving to Get Tough on Violence Los Angeles Times.
  6. ^ Marjorie Miller (11 August 1994), German Court Chastised for Giving Extremist Slap on Wrist Los Angeles Times.
  7. ^ VICTORY IN EUROPE: Denmark Decides to Extradite American Neo-Nazi to Germany Los Angeles Times, 9 May 1995.
  8. ^ Presentation with Germany's Federal Minister of Justice, Sabine Leutheusser-Schnarrenberger, 3 November 2011 Archived 1 March 2014 at the Wayback Machine Columbia University, New York.
  9. ^ https://www.tagesschau.de/aktuell/meldungen/0,1185,OID3037054_TYP1_NAVSPM2~3036854_REF1,00.html Zehn Jahre Diskussion um den Großen Lauschangriff (in German)
  10. ^ Oliver Samson (23 August 2006), Striking the Right Balance Between Freedom and Security Deutsche Welle.
  11. ^ UN probes Timor rights abuses BBC News, 15 October 1999.
  12. ^ Erin E. Arvedlund (29 March 2005), Critics Say a Jailed Yukos Lawyer Is a 'Hostage' New York Times.
  13. ^ Philip Pan (24 June 2009), European Investigator Alleges Widespread Corruption in Russian Courts Washington Post.
  14. ^ Jason Bush (24 June 2009), Report Slams Moscow: No Justice for Business in Russia Der Spiegel.
  15. ^ World Report 2009: Ukraine Human Rights Watch.
  16. ^ Marcel Fürstenau (3 May 2013), Liberal Free Democrats set to launch election offensive Deutsche Welle.
  17. ^ German FDP plumbs new lows after attack on leader Reuters, 29 May 2010.
  18. ^ Chris Bryant (28 September 2009), FDP leader tipped as foreign minister Financial Times.
  19. ^ Heribert Prantl (17 May 2010), Interview mit Jutta Limbach: "Weil sie dem Rechtsstaat Ehre macht" Süddeutsche Zeitung.
  20. ^ Judy Dempsey (3 January 2011), Coalition Partner Becomes Liability for Merkel Government International Herald Tribune.
  21. ^ Mike Szymanski (17 November 2012), Parteitag der Bayern FDP: Gerangel um den Listenplatz Süddeutsche Zeitung.
  22. ^ Stefan Braun (26 November 2013), Leutheusser-Schnarrenberger kandidiert für Posten beim Europarat Süddeutsche Zeitung.
  23. ^ Juncker seen as possible candidate for Council of Europe post EurActiv, 19 July 2013.
  24. ^ Thorbjørn Jagland re-elected Secretary General of the Council of Europe Parliamentary Assembly of the Council of Europe, 24 June 2014.
  25. ^ Jemima Kiss (11 July 2014), Google launches 'advisory council' page on right to be forgotten The Guardian.
  26. ^ "Archived copy" (PDF). Archived from the original (PDF) on 18 September 2016. Retrieved 31 August 2016.{{cite web}}: CS1 maint: archived copy as title (link)
  27. ^ Leutheusser-Schnarrenberger wird Antisemitismus-Beauftragte in NRW Westdeutscher Rundfunk, 6 November 2018.
  28. ^ John Goetz and Marcel Rosenbach (23 November 2009), The Death Penalty Problem: 9/11 Trial Puts German-US Relations Under Strain Der Spiegel.
  29. ^ Germany: Change to Abuse Statute New York Times, 23 March 2011.
  30. ^ Abuse and counterabuse The Economist, 11 March 2010.
  31. ^ Eric Pfanner (2 February 2010), Europe Looms as Major Battleground for Google New York Times.
  32. ^ Kevin J. O'Brien (28 June 2010), Germany Asks Apple About iPhone’s Data-Gathering New York Times.
  33. ^ Judy Dempsey (2 March, 20100), German Court Orders Stored Telecom Data Deleted International Herald Tribune.
  34. ^ David Jolly (25 August 2010), Germany Plans Limits on Facebook Use in Hiring New York Times.
  35. ^ German minister calls for punishing tax CD purchases Deutsche Welle, 1 September 2012.
  36. ^ James Kanter (11 June 2013), E.U. Official Pushes U.S. to Explain Its Surveillance New York Times.
  37. ^ Matt Spetalnick and Steve Holland (7 June 2013), Obama defends surveillance effort as 'trade-off' for security Reuters.
  38. ^ Patrick Donahue (12 June 2013), German Justice Minister Demands U.S. Explanation on Surveillance Bloomberg.
  39. ^ Alan Travis, Kate Connolly and Nicholas Watt (26 June 2013), [1] The Guardian.
  40. ^ German justice minister demands answers about BND's role in NSA snooping Deutsche Welle, 5 August 2013.
  41. ^ Alan Travis, Kate Connolly and Nicholas Watt (26 June 2013), NSA denials are ‘implausible,’ France says Washington Post.
  42. ^ David Crawford and Vanessa Fuhrmans (22 August 2012), Gay-Rights Bill Highlights German Coalition Split Wall Street Journal.
  43. ^ Melanie Amann, Dietmar Hipp and Peter Müller (11 June 2013), Vater and Vater: Gay Adoption Debate Flusters Conservatives Der Spiegel.
  44. ^ Stefan Nicola (6 June 2013), German Constitution Court Backs Equal Tax Rights for Gay Couples Bloomberg.
  45. ^ Karen DeYoung and Michael Birnbaum (31 October 2013), Gay Rights Emerge as Campaign Issue in Germany New York Times.
  46. ^ Courtney Weaver and Charles Clover (11 July 2013), Russia convicts Magnitsky of tax evasion in posthumous trial Financial Times.
  47. ^ Andreas Rinke (12 August 2013), [2] Reuters.
  48. ^ Kristen Allen (19 August 2013), Anti-Gay Law: Shunning Sochi Hurts Olympians, Merkel Says Der Spiegel.
  49. ^ Severin Weiland (2 March 2015), Ermordeter Nemzow: EU-Botschafter nehmen an Trauerfeier teil Spiegel Online.
  50. ^ "Jeder weitere Tag in Haft könnte sein letzter sein"
  51. ^ David Crossland (20 December 2005), Letter from Berlin: Germany Talks Torture, and Finds Hypocrisy Der Spiegel.
  52. ^ Row over German airport profile bid Al Jazeera, 29 December 2010.
  53. ^ German Weapons for the World: How the Merkel Doctrine Is Changing Berlin Policy Der Spiegel, 3 December 2012.
  54. ^ Melissa Eddy (27 March 2013), Cypriots’ Criticism of Bailout Rattles Nerves and Raises Ire in Germany New York Times.
  55. ^ Melissa Eddy (27 March 2013), Cypriots’ Criticism of Bailout Rattles Nerves and Raises Ire in Germany New York Times.
  56. ^ Alex Webb (21 November 2013), Germany Can’t Extend Art Theft Statute, Minister Says Bloomberg.
  57. ^ Advisory Board Deutsche Postcode Lotterie.
  58. ^ Board of TrusteesDeutsches Museum.
  59. ^ Board Transparency Germany.
  60. ^ Max Friedlaender Prize Bavarian Bar Association.
[edit]
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Political offices
Preceded by Minister of Justice
1992–1996 		Succeeded by
Preceded by Minister of Justice
2009–2013 		Succeeded by
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