Erich Emminger (25 June 1880 – 30 August 1951) was a German lawyer and Catholic
politician
A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
of the
Center Party (Zentrum) and later of the
Bavarian People's Party
The Bavarian People's Party (german: Bayerische Volkspartei; BVP) was the Bavarian branch of the Centre Party, a lay Roman Catholic party, which broke off from the rest of the party in 1918 to pursue a more conservative and more Bavarian partic ...
(BVP).
He served as
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a Ministry (government department), ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of ju ...
in the
Weimar Republic
The German Reich, commonly referred to as the Weimar Republic,, was a historical period of Germany from 9 November 1918 to 23 March 1933, during which it was a constitutional federal republic for the first time in history; hence it is also r ...
from 30 November 1923 until 15 April 1924 under
Chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
Wilhelm Marx
Wilhelm Marx (15 January 1863 – 5 August 1946) was a German lawyer, Catholic politician and a member of the Centre Party. He was the chancellor of Germany twice, from 1923 to 1925 and again from 1926 to 1928, and he also served briefly as the ...
.
Early life
Erich Emminger was born on 25 June 1880 in
Eichstätt
Eichstätt () is a town in the federal state of Bavaria, Germany, and capital of the district of Eichstätt. It is located on the Altmühl river and has a population of around 13,000. Eichstätt is also the seat of the Roman Catholic Dioce ...
,
Bavaria
Bavaria ( ; ), officially the Free State of Bavaria (german: Freistaat Bayern, link=no ), is a state in the south-east of Germany. With an area of , Bavaria is the largest German state by land area, comprising roughly a fifth of the total l ...
. His parents were Johann Adolf Erich Emminger (1856-1909), a ''Gymnasialprofessor'', and his wife Marie Therese (1854–99), née Müller, daughter of an
Augsburg
Augsburg (; bar , Augschburg , links=https://en.wikipedia.org/wiki/Swabian_German , label=Swabian German, , ) is a city in Swabia, Bavaria, Germany, around west of Bavarian capital Munich. It is a university town and regional seat of the '' ...
notary. Emminger married Maria Schärft in 1906. Their children included
Otmar Emminger
Otmar Emminger (2 March 1911 – 3 August 1986) was a German economist who served as the president of the Deutsche Bundesbank from 1977 to 1979.
Early life and education
Emminger was born in Augsburg on 2 March 1911. In 1934, he received a PhD ...
, who became president of the
Deutsche Bundesbank
The Deutsche Bundesbank (), literally "German Federal Bank", is the central bank of the Federal Republic of Germany and as such part of the European System of Central Banks (ESCB). Due to its strength and former size, the Bundesbank is the most ...
.
Following his training as a lawyer at
Münster
Münster (; nds, Mönster) is an independent city (''Kreisfreie Stadt'') in North Rhine-Westphalia, Germany. It is in the northern part of the state and is considered to be the cultural centre of the Westphalia region. It is also a state d ...
, Emminger practiced law at Augsburg (1906–08) and
Nuremberg
Nuremberg ( ; german: link=no, Nürnberg ; in the local East Franconian dialect: ''Nämberch'' ) is the second-largest city of the German state of Bavaria after its capital Munich, and its 518,370 (2019) inhabitants make it the 14th-largest ...
(1908–09). In 1909 he became a civil servant (state prosecutor and ''Amtsrichter''). He participated in
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...
first as a voluntary soldier and later as a ''Kriegsgerichtsrat'' (
judge-advocate
Judge-advocates are military lawyers serving in different capacities in the military justice systems of different jurisdictions.
Australia
The Australian Army Legal Corps (AALC) consists of Regular and Reserve commissioned officers that provi ...
).
Political career
Emminger was a member of the Catholic
Center Party (Zentrum) and, from 1913 to 1918 held a seat in the
Reichstag for the constituency of Weilheim. In 1918, he joined the
Bavarian People's Party
The Bavarian People's Party (german: Bayerische Volkspartei; BVP) was the Bavarian branch of the Centre Party, a lay Roman Catholic party, which broke off from the rest of the party in 1918 to pursue a more conservative and more Bavarian partic ...
(BVP) and represented it in the
Reichstag 1920-33.
Emminger was Minister of Justice in the first cabinet of chancellor
Wilhelm Marx
Wilhelm Marx (15 January 1863 – 5 August 1946) was a German lawyer, Catholic politician and a member of the Centre Party. He was the chancellor of Germany twice, from 1923 to 1925 and again from 1926 to 1928, and he also served briefly as the ...
, which took office on 30 November 1923. His tenure was defined by the passage of three decrees of 22 December 1923, 4 January and 13 February 1924,
which were based on the ' of 8 December 1923. These significantly changed civil and criminal law and the judiciary system with an eye towards speeding up proceedings. The reform of 4 January became known as the so-called ''
Emminger Reform The Emminger Decree or Emminger Reform (german: Emminger Verordnung, ''Lex Emminger'', or '; formally the ') was an emergency decree in the democratic Weimar Republic by Justice Minister Erich Emminger ( BVP) on 4 January 1924 that among other thin ...
'' that among other things abolished the
jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England du ...
as
trier of fact
A trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence pre ...
and replaced it with a mixed system of
judges and
lay judge A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permane ...
s in
Germany's judiciary which still exists today. ''Schwurgerichte'' (formerly based on jurors) kept their name but were in fact replaced by lay judges. Since the reforms were successful, they were kept in place by later legislation once the enabling law had lapsed.
Late 1923 was among the most tumultuous times of the
Weimar Republic
The German Reich, commonly referred to as the Weimar Republic,, was a historical period of Germany from 9 November 1918 to 23 March 1933, during which it was a constitutional federal republic for the first time in history; hence it is also r ...
, bringing the peak of
hyperinflation
In economics, hyperinflation is a very high and typically accelerating inflation. It quickly erodes the real value of the local currency, as the prices of all goods increase. This causes people to minimize their holdings in that currency as t ...
and the ongoing
Occupation of the Ruhr
The Occupation of the Ruhr (german: link=no, Ruhrbesetzung) was a period of military occupation of the Ruhr region of Germany by France and Belgium between 11 January 1923 and 25 August 1925.
France and Belgium occupied the heavily indus ...
. One of Emminger's main goals as a politician and lawyer became a revaluation of the currency to partially offset the adverse social consequences of hyperinflation. As a minister he prevented the planned ''Aufwertungsverbot'' from becoming law and continued to fight for revaluation as a Reichstag delegate.
Emminger left office on 15 April 1924 and his Secretary of State,
Curt Joël
Curt Walter Joël (18 January 1865 – 15 April 1945) was a German jurist and civil servant. He was the senior civil servant in the Ministry of Justice for much of the 1920s and early 1930s, during the Weimar Republic era. Joël also served as ac ...
, took over as acting Minister of Justice. He remained a member of the ''Rechtsausschuss'' of the Reichstag and 1927-31 served as chairman of the ''Zentralvorstand der deutsch-österreichischen Arbeitsgemeinschaft'' which worked towards a harmonisation of German and Austrian laws. He also contributed to a reform of the criminal law.
Emminger was re-elected to the Reichstag in 1933 but the Nazi takeover ended his political activities. He worked as a judge at the ''Oberste Landesgericht'' of Bavaria in 1931-35 and then at the ''Oberlandesgericht''. From 1946 until his retirement in July 1949, he was ''Senatspräsident'' there.
Emminger died in Munich on 30 August 1951.
Publications
* ''Die Aufwertungsfrage im aufgelösten Reichstage'', 1924
References
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External links
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Erich Emmminger at the ''Akten der Reichskanzlei'' online version (German)Bio of Erich Emminger in a databank on (Imperial) Reichstag delegates (German)
{{DEFAULTSORT:Emminger, Erich
1880 births
1951 deaths
People from Eichstätt
People from the Kingdom of Bavaria
German Roman Catholics
Centre Party (Germany) politicians
Bavarian People's Party politicians
Justice ministers of Germany
Members of the 13th Reichstag of the German Empire
Members of the Reichstag of the Weimar Republic
German Army personnel of World War I