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Dr. Fiete Kalscheuer

Location:
Kiel
Secretary’s Office:
Franziska Jürs
Phone:
+49 431 97918-944
Fax:
+49 431 97918-30
Email:
fiete.kalscheuer@bmz-recht.de
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Studied in Greifswald, St Petersburg (Russia) and Kiel; completed his traineeship in Kiel and Schleswig. Admitted as a lawyer in 2015; certified lawyer in administrative law.

Specialism: Public law

As a certified lawyer in administrative law, Dr Fiete Kalscheuer advises clients on matters of public law, with a particular focus on public construction law and local government law. Other areas of focus include the right to freedom of expression under public law and constitutional law. In addition, Dr Kalscheuer advises members of the liberal professions on matters relating to professional and European law, in particular pharmacists and veterinary surgeons.

Dr Kalscheuer is a lecturer in administrative and constitutional law at the German Lawyers’ Academy (DAA). He is the author of numerous legal publications in the fields of constitutional law, local government law, education law and public construction law. Furthermore, Dr Kalscheuer is co-editor and co-author of the standard work on the right to freedom of expression under public law. 

He is Chair of the Administrative Law Working Group within the German Bar Association’s Schleswig-Holstein regional group, a member of the German Bar Association’s Constitutional Law Legislation Committee, a member of the editorial advisory board of the Journal of Public Law in Northern Germany (NordÖR), and a member of the Association of Liberal Lawyers.

Publications
I. Monographs
  • Autonomy as the Foundation and Limit of Law. The Relationship between Kant’s Categorical Imperative and the Universal Law, Berlin/Boston 2014; paperback edition: 2017. (The book was awarded the Kiel Doctores Iuris Prize for outstanding doctoral theses in legal scholarship and supported by a grant from the Friedrich Ebert Foundation.)
  • Commentary on the Schleswig-Holstein State Building Regulations (in collaboration with Christian Becker and Kaspar H. Möller), Wiesbaden 2017; 2nd edition 2020
II. Book chapters and commentaries
  • Handbook on the Right to Freedom of Expression under Public Law, Munich 2022
    • § 2 I – The concept of a public authority (in collaboration with Annika Jacobsen)
    • § 3 I – Restrictions on rights and the requirement for a legal basis (with Annika Jacobsen)
    • § 3 II 1 – The Requirement of Objectivity (with Annika Jacobsen)
    • § 10 II – On Declaratory Judgements (with Annika Jacobsen)
    • § 10 III – On injunctions (with Annika Jacobsen)
    • § 10 IV – On the rectification of consequences (with Annika Jacobsen)
  • Commentary on the Schleswig-Holstein Higher Education Act, August 2024,
    • Commentary on Sections 68–71,
    • Commentary on §§ 66, 67, 107 (in collaboration with Jan Rune Kammer)
  • Commentary on the Schleswig-Holstein Schools Act, 17th Supplement, October 2025 (commentator since the 15th Supplement in February 2022)
    • Commentary on Sections 26, 28, 33–40, 56, 114
III. Articles
  • On the admissibility under EU law of a ban on the mail-order sale of prescription medicines, PharmR 2025, 573–578
  • The fundamental right to a financial fresh start – On the unconstitutionality of Section 302 of the Insolvency Code, DÖV 2025, pp. 608–614 (together with Simon Diethelm Meyer)
  • The pursuit of supra-local objectives by local authority bodies, NVwZ 2024, pp. 642–646 (with Leon Watermann)
  • Can implementation agreements be the subject of a citizens’ initiative?, NordÖR 2023, pp. 305–308 (with Charlotte Gaschke)
  • Finiteness in law. An attempt at a constitutional classification. Philosophy of Law. Journal of the Foundations of Law, 2022, pp. 463–479.
  • Prerequisites and Limits of the Waiver of Mandate, DVBl. 2022, pp. 631–638 (with Christian Pfengler)  
  • The Concept of Chaos – The Application of Law in Times of Crisis and Upheaval, DÖV 2021, pp. 633–638 (with Annika Jacobsen)
  • On the Legal Nature and Conditions of Legality of an Administrative Ban on Entry, NVwZ 2020, pp. 370–374 (with Annika Jacobsen)
  • The Packaging Act authorises local authorities to levy charges on single-use packaging, DÖV 2019, pp. 955–959 (with Moritz von Rochow)
  • Principles governing the levying of the district levy, *Die Gemeinde* – Journal of Local Self-Government in Schleswig-Holstein 2019, pp. 255–256
  • The Legality of Public Safety Regulations – An Analysis Using the Example of the Sky Lantern Ban Regulation, KommJur 2019, pp. 207–210
  • Refugees and the organ transplant waiting list in Germany, ZGMR 2019, pp. 73–77 (with Susann Rochlitz)
  • The digital right of access of public authorities, NJW 2018, pp. 2358–2362 (with Annika Jacobsen)
  • A shift away from the ‘end point’ theory in Schleswig-Holstein, NordÖR 2018, pp. 251–252 (with Anette Purucker)
  • Municipal Packaging Tax as a Means of Waste Prevention, in: Die Gemeinde – Journal for Local Self-Government in Schleswig-Holstein 2018, pp. 171–174
  • The parliamentary reservation – the materiality theory as a theory of balancing interests, in: DÖV 2018, pp. 523–530 (with Annika Jacobsen)
  • What a public official may and may not say – On the powers of expression of holders of sovereign authority, in: KommJur 2018, pp. 121–127
  • Kant and General Freedom of Action, in: Jura 2018, Issue 1, pp. 15–19; English translation: Kant and the General Freedom of Action, Revista Brasileira de Estudos Políticos 2019, pp. 191–205
  • The Network Enforcement Act – A hastily drafted measure in breach of the Constitution, NVwZ 2017, Issue 23, pp. 1721–1725 (with Christian Hornung)
  • Procedural and substantive obstacles to the district levy, NVwZ 2017, Issue 20, pp. 1506–1509 (with Nicolas Harding)
  • On the Admissibility of a Local Packaging Tax, NordÖR 2017, Issue 3, pp. 113–116 (with Nicolas Harding)
  • District levies and double-entry bookkeeping, in: KommJur 2016, issue 11, pp. 401–406 (with Michael Koops); reprinted in: Die Gemeinde – Journal of Local Self-Government in Schleswig-Holstein 2016, Issue 12, pp. 298–302
  • Kant’s Theory of Weighing Up, ARSP 2013, Issue 4, pp. 499–505; Portuguese translation: A Teoria Kantiana da Ponderação, RechtD 2021, pp. 42–50
  • Human Dignity as a Right within the Law. On the Specific Complementary Function of Human Dignity in Law According to Kant, *Der Staat* 2013, Issue 3, pp. 401–413 (manuscript awarded the 1st Encouragement Prize by the International Association for Legal and Social Philosophy (IVR), German Section (2013)); English translation: ‘Human Dignity as Justice in the Face of Injustice: On Kant’s Supplementary Function of Human Dignity in Law’, in: ARSP Supplement 143, Kant’s Theory of Law, pp. 9–19, 2015)
  • On the Tattooing of Minors, Jura 2012, pp. 874–875 (with Felix Bünger)
  • The Transfer of Funds for Free Disposal – On the 100th Anniversary of the Lottery Ticket Case (RGZ 74, 234 ff.), Jura 2011, pp. 44–47
  • Gustav Radbruch and the Kapp Putsch in Kiel, in: Revolution and Revolutionary Research. Contributions from the Kiel Initiative Group 1918/1919, ed. Rolf Fischer, Kiel 2011, pp. 136–142
  • The Flawed Dogmatics on Section 110 of the German Civil Code (BGB), Greifrecht 2010, pp. 120–128
  • Between a Rock and a Hard Place – The Weimar Constitution, Greifrecht 2009, pp. 1–10
IV. Case law analyses
  • Higher Administrative Court of Münster: Removal of a note attached to a book in a public library, commentary on the decision of the Higher Administrative Court of Münster of 8 July 2025 – 5 B 451/25, NVwZ 2025, 1358–1359
  • Federal Constitutional Court (BVerfG): Tübingen packaging tax in accordance with the Constitution, commentary on the decision of the Federal Constitutional Court of 27 November 2024 – 1 BvR 1726/23, NVwZ 2025, 336–337
  • User ban on the Facebook page of a public service broadcaster unlawful, commentary on the judgement of the Higher Administrative Court of Münster of 24 September 2024 – 13 A 1535/21, K&R 2025, pp. 70–72
  • Frankfurt am Main Administrative Court: Broadcast of an election campaign advert amid concerns regarding the protection of minors – election campaign advert, commentary on the order of the Frankfurt am Main Administrative Court of 15 May 2024 – 1 L 1559/24.F, NVwZ 2024, pp. 1279–1280
  • Kassel Higher Administrative Court: Ban on the slogan ‘From the river to the sea’, commentary on the ‘From the river to the sea’ decision of the Kassel Higher Administrative Court of 22 March 2024 – 8 B 560/40, NVwZ 2024, pp. 851–853
  • Cologne Administrative Court: Identifying press release by the Federal Network Agency regarding a fine is inadmissible, commentary on the judgment of the Cologne Administrative Court of 17 November 2023 – 1 K 3664/21, K&R 2023, pp. 154–156
  • Federal Administrative Court: Unlawful ban on the NPD election poster ‘Migration kills!’, Commentary on the judgment of the Federal Administrative Court of 26 April 2023 – 6 C 8.21, NVwZ 2023, pp. 1171–1172
  • Stade Administrative Court: On the entitlement of a GmbH & Co. KG to drought aid, commentary on the judgment of the Stade Administrative Court of 30 July 2020 – 6 A 925/19, AgrB 2021, 122 (together with Muhammad Sohail Chatta)
  • Cologne Administrative Court: Restrictions, exemption, coronavirus, interim injunction, infection control, participant data, freedom of assembly, commentary on the decision of the Cologne Administrative Court of 7 May 2020 – 7 L 814/20, CorVuR 2020, p. 212
  • Federal Court of Justice (BGH): Public authority liability in the event of an accident caused by an improperly secured road sign, commentary on the judgement of the Federal Court of Justice (BGH) of 6 June 2019 – III ZR 124/18, NVZ 2020, p. 195 (together with Leander Schmedemann)
  • Cologne Higher Regional Court: Political groups can say (almost) anything they want, commentary on the judgement of the Cologne Higher Regional Court of 11 July 2019, 15 U 24/19, guest article for Legal Tribune Online (LTO) dated 17 July 2019 on LTO https://www.lto.de/recht/hintergruende/h/olg-koeln-15u24-19-spd-fraction-statement-afd-website-fundamental-rights/
  • Hamburg Higher Administrative Court, (No) right to the continued letting of university premises for a commercial event, commentary on the decision of the Hamburg Higher Administrative Court of 10 January 2018, 5 Bs 281/17, NordÖR 2018, p. 235
V. Reviews
  • Review: Christof Peter, Existence and Law. Perspectives on Existence-Oriented Legal Thinking, – Berlin, Duncker & Humblot 2019, ARSP 2021, pp. 469–471
  • Review: Duygu Disçi, The Principle of Political Neutrality. Limits on the Freedom of Expression of Political Office-Holders. – Berlin, Duncker & Humblot, 2019. 285 pp.; Sebastian Nellesen, The Right of State Officials to Express Themselves. Neutrality, Freedom of Expression, the Duty of Restraint: Determinants of State Officials’ Participation in the Public Opinion-Forming Process (Publications on Media Law and Communication Law, Vol. 5). – Tübingen, Mohr Siebeck 2019. 274 pp., NVwZ 2021, p. 950
  • Review: Alexander Merschmann, State Information on Food Law Complaints during Ongoing Proceedings (Essays on Information Law, Vol. 40). – Berlin, Duncker & Humblot 2019. 286 pp., NVwZ 2020, pp. 449–450
  • Review: Handbook on the Right to Privacy. Press and Media Law. Edited by Horst-Peter Götting, Christian Schertz and Walter Seitz. 2nd edition. – Munich, Beck 2019, NVwZ 2019, pp. 707–708
  • Review: The Telemedia Act. Including the Network Enforcement Act (NetzDG). Commentary. By Marc Liesching, Peter Schmitz and Gerald Spindler. 2nd edition. – Munich, Beck 2018, NVwZ 2018, p. 1858
  • Review: Jonas Hennig, Mediation as Rational Discourse. The Overpositive Legitimation of Mediation and a Comparison with Court Proceedings Based on Alexy’s Theory of Discourse, ARSP 2017, pp. 551–552
  • Review: Alexej Laptew, The Right to Fair Legal Proceedings (Art. 6(1) of the ECHR) and its Influence on Russian Civil Procedure and Enforcement Law, Osteuropa-Recht 2014, pp. 251–253
  • Review: Oliver Sensen. *Kant on Human Dignity*, ARSP 2013, Issue 1, pp. 121–122
  • Book review: Caroline von Gall. “The Concepts of ‘State Unity’ and ‘Unified Power’ in Russian Theory of State and Law: The Influence of the Ideal of Community on Russian Constitutional Development”, Osteuropa-Recht, 2011, pp. 326–328
VI. Opinions on Draft Legislation
  • Submission on the draft bill amending the Constitution of the State of Schleswig-Holstein, Schleswig-Holstein State Parliament Paper 20/3684 et al., dated 2 January 2026
  • Statement on the draft bill amending the Act on Shop Opening Hours (Ladenöffnungszeitengesetz – LÖffZG), Schleswig-Holstein State Parliament Paper No. 20/3750 dated 23 December 2025
  • Statement on behalf of the Freie Apothekerschaft e.V. on the draft bill for a Pharmacy Supply Development Act and on the draft bill for a Second Ordinance amending the Pharmacy Operating Regulations and the Medicines Pricing Ordinance, dated 10 November 2025 (together with Dr Nicolas Harding)
  • Submission on the draft Act amending the Act on Shop Opening Hours (Ladenöffnungszeitengesetz – LÖffZG), Schleswig-Holstein State Parliament Paper 20/2133 dated 12 July 2024
  • Statement commissioned by the Freie Apothekerschaft e.V. on the compatibility of the draft bill for the Pharmacy Reform Act with pharmacy law and constitutional law, dated 26 June 2024 (together with Nicolas Harding)
  • Statement on the draft bill amending the Act on the Provision of Information to the State Parliament by the State Government (Parliamentary Information Act – PIG) – State Parliament Paper 20/419, dated 8 February 2023 (together with Gunnar Nissen) https://www.landtag.ltsh.de/infothek/wahl20/umdrucke/00800/umdruck-20-00838.pdf
  • Statement by the German Bar Association, through its Committee on Security Law, and the Schleswig-Holstein Bar and Notaries’ Association e.V. on the draft Act amending police and regulatory provisions in the State Administration Act (LVwGPORÄndG) – Draft bill by the State Government/Parliamentary Paper 19/2118, dated January 2021
VII. Miscellaneous
Reference Mandates
A selection of publicly known representative cases:
  • Advising and representing the Free Pharmacists’ Association in a wide range of judicial and extrajudicial proceedings, e.g.:https://www.freieapothekerschaft.de/pressekonferenz-zur-klage-live-verfolgen/
  • Advising and representing a wide range of towns and local authorities, including the Saxon capital, Dresden, on matters relating to the right to express an opinion under public law
  • Advising and representing all local authorities in the Steinburg district regarding the setting of the district levy by the Steinburg district
  • Advising and representing a large number of hotel operators, including the operator of the ‘Hotel Baltic’ on Usedom, on matters of constitutional, administrative and compensation law in the context of the Covid-19 pandemic
  • Advising and representing a large number of companies on matters relating to building regulations and town planning law
  • Advising and representing one of the largest taxi companies in northern Germany in a matter relating to licensing law
  • Advising and representing state authorities on matters relating to public authority liability and compensation law
  • Advising and representing a large number of towns and local authorities on matters relating to local government taxation and town planning law
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