PROF. DR. BERNHARD KEMPEN

Genscherallee 12
D-53113 Bonn

Tel.: 0228-98509-0
Fax: 0228-98509-8871

E-Mail: kempen@schmitzknoth.de

 

VITA

Born in 1960 in Saarbrücken

Study of law and legal traineeship in Saarbrücken; Doctorate and habilitation at the University of Cologne; 1995 holder of the chair for constitutional law, international law, international business law and commercial administrative law at the University of Würzburg; 2001-2024 Director of the Institute for International Law and Foreign Public Law, holder of the Chair of Public Law, International Law and European Law at the University of Cologne and co-director of the International Investment Law Center Cologne (IILCC). Since 05/2024 Of Counsel at the law firm SCHMITZ KNOTH.

Areas of law:
Constitutional and administrative law, international business law, European business law, ECHR law.

Memberships:
German Constitutional Law Teachers’ Association (VDStRL).
Member of the German Society for International Law (DGIR).
Member of the German University Association (DHV, President 2004-2023).

Publications (selection):
“The freedom of choice in administration – public administration between public and private law”, Studies on Public Law and Administrative Theory (ed. Stern), Volume 43, Munich 1989.

“European Economic Administrative Law”, in: Supplementary Lexicon of Law (ed. Luchterhand-Verlag), loose-leaf, as of 1993, 7/290, pp. 1-10 (first edited in 1992, revised in 1998).

“Human Rights and Peace”, in: German Comments, 35/1994, pp. 63; German version: Human Rights and Peace, in: The Political Opinion 39 (1994), Issue 294, pp. 35-41.

“The use of commercial law, building law and fiscal control instruments in relation to the slot machine industry”, DZWir 1995, pp. 361-366.

“Germany as a contracting party to the GATT and as a member of the European Communities”, in: Currency and Economy, Festschrift for Hugo J. Hahn, Baden-Baden 1997, pp. 417-439.

“The European Monetary Union and the dispute over the validity of community law”, Archives of International Law 35 (1997), pp. 273-294.
“Foreign companies and commercial law”, in: Stober (ed.), Lexicon of Law – Commercial Law, 1999, pp. 33-39.

“Trade promotion”, in: Stober (ed.), Lexicon of Law – Commercial Law, 1999, pp. 228-232.

“Protection of business premises”, in: Stober (ed.), Lexicon of Law – Commercial Law, 1999, pp. 198-205.

“Freedom of economic development”, in: Stober (ed.), Lexicon of Law – Commercial Law, 1999, pp. 120-127.

“The Future of the International Monetary Fund”, ZEuS 2000, pp. 13-24.

“Municipal business law” (together with Franz-Ludwig Knemeyer), in: Achterberg/Püttner/Würtenberger (eds.), Special Administrative Law, Volume II, 2nd edition 2000, pp. 54–104.

“Basic questions of institutional higher education law”, in: Hartmer/Detmer (eds.), Higher Education Law – A Handbook for Practice, 4th edition 2022, pp. 1-49.

“Freedom of association”, in: Supplementary Lexicon of Law, Luchterhand Verlag, Loseblatt, 5/750, 2005, pp. 1-3.

“Fundamental rights obligors”, in: Merten (ed.), Handbook of Fundamental Rights, Volume II, Verlag C. F. Müller, Heidelberg 2006, pp. 1293-1331.

“Freedom of Profession”, in: Albrecht Weber (ed.), Fundamental Rights in Europe and North America. Germany. Part B. The Fundamental Rights, Kluwer Law International, Loose Leaf (October 2004 – German national report on the guarantee of professional freedom), 2008.

“Property: a universal human right?”, WiVerw 1/2009, pp. 19-30.

“Commentary on Art. 13 European Charter of Fundamental Rights [Freedom of arts and sciences], Art. 14 European Charter of Fundamental Rights [Right to education]”,
in: Stern/Sachs (eds.), European Charter of Fundamental Rights, commentary, 2016, pp. 282–306.

“Commentary on the Treaty provisions on the European Economic and Monetary Union”: Art. 119-144, 219, 282-284 TFEU in: Streinz (ed.), EUV/AEUV, 3rd edition 2018.

“Comment on: Art. 32 GG [Foreign relations of the federal and state governments], Art. 59 GG [Representation under international law, parliamentary approval of treaties]”,
in: Voßkuhle/Huber, Basic Law Commentary (formerly: von Mangoldt/Klein/Starck),
8th edition 2024.

“Cologne writings on law and the state” (editor), Peter Lang publishing house 1997-2024, 65 volumes.

OUR PRACTICE AREAS

Nationwide, a bank

The experts from SCHMITZ KNOTH Rechtsanwälte represent legal departments in groups across Germany and complement the operative business in management and capital market issues.

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Keep rules and regress right.

We advise and represent the general insurance contract law (conclusion of contract, pre-contractual disclosure, beginning of insurance cover, premium right, insurance agent, causing the insured event, obligations, danger increase), transport and forwarding insurance law, property insurance law (in particular the law of vehicle, building, household , Luggage, fire, burglary and construction insurance) to the law of private personal insurance (in particular the right of life, health, travel cancellation, accident and disability insurance) and Liability insurance law. Special expertise also exists in the area of technical insurance.

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Exclude risks and side effects.

SCHMITZ KNOTH lawyers clarify questions of corruption law and formulate compliance solutions for the medical and pharmaceutical industry. In cases of medical liability, we represent patients as well as practitioners in the assertion of their claims.

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Protecting your ideas. Under all circumstances.

For individuals and companies, SCHMITZ KNOTH Rechtsanwälte takes on the representation in all questions of copyright and competition law matters. Above all, the clarification of protective rights and design of German and European brands is a priority.

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Mergers & Acquisitions with a sure hand.

Founding, merging and restructuring of companies run smoothly under the direction of SCHMITZ KNOTH RECHTSANWÄLTE. If we can not prevent a dispute, we represent their interests in court. With success.

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Good staff needs good staff.

SCHMITZ KNOTH RECHTSANWÄLTE are known as experienced representatives of client interests in negotiations on company agreements or collective bargaining agreements. In any case – be it restructuring or social plan, employee or manager.

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Regularities for commercial, property and rent.

For companies and builders, SCHMITZ KNOTH RECHTSANWÄLTE has decades of expertise to safeguard interests in terms of remuneration, warranty and compensation.

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With a sense of proportion and tact.

Our private lives pose great challenges to us in the event of potential disputes – including legal ones. With SCHMITZ KNOTH RECHTSANWAELTE you have proven legal experts at your side who stand up and fight with great sensitivity for your needs.

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For a legal explanation of accident consequences.

In the case of accidents with consequences, SCHMITZ KNOTH RECHTSANWAELTE will take legal action for claims for damages or unsubstantiated claims for their legal interests and implement them.

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Our practice for the bureaucracy.

SCHMITZ KNOTH RECHTSANWÄLTE advises public authorities, associations and municipalities on their interests in administrative law – public building law is the focus of their activities.

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Compliance without complications.

Entrepreneurial risk needs adequate support in case of wrong decisions. SCHMITZ KNOTH RECHTSANWÄLTE advise and train companies and entrepreneurs on compliance with regulations and measures.

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Advocacy for lawyers.

Legal and professional support is provided to lawyers by SCHMITZ KNOTH RECHTSANWÄLTE in the legal practice as well as in the chamber and association industry and the Federal Bar Association, where our partners have been represented for decades.

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