Karlsruhe annuls the Berlin Higher Education Act rules - Karlsruhe alters legislation governing higher education within Berlin's jurisdiction
In a landmark ruling, the Federal Constitutional Court of Germany (Bundesverfassungsgericht) has declared the entitlement regulation for promoted scientific employees in the Berlin Higher Education Act (Berliner Hochschulgesetz) unconstitutional. The decision, made by the court in Karlsruhe, follows a successful constitutional complaint filed by Humboldt University.
The contested paragraph 110 of the Berlin Higher Education Act requires universities to offer unlimited employment contracts to promoted scientific employees hired on a temporary basis upon completion of their contract if they have achieved their agreed qualification goal. However, the court's decision states that the state of Berlin lacks the necessary legislative competence for the regulation, infringing on the fundamental right to academic freedom.
The ruling has significant implications for Humboldt University and the Berlin state government. The court's decision typically mandates amendments to employment and promotion regulations to comply with the Constitution, ensuring that promoted scientific staff receive proper entitlements—such as salary, job security, or career progression—aligned with constitutional guarantees.
The controversy surrounding the Higher Education Act reform was heated, with Humboldt University playing a significant role. Last fall, the Senate administration under Science Senator Ina Czyborra (SPD) stated that it would "abstain from the current regulation" due to constitutional concerns. The then HU president, Sabine Kunst, resigned in protest against the entitlement regulation for postdocs contained in the Act.
In response to the court's decision, a draft law by the Berlin CDU-SPD coalition aims to address the concerns raised by omitting the entitlement provision. The new draft law is currently on the table, offering a potential resolution to the issue.
For detailed specifics on the case, including the Court’s reasoning and the subsequent legislative or administrative amendments made to the Berlin Higher Education Act, one would need to consult official Federal Constitutional Court decisions or statements from Humboldt University or the Berlin Senate Department for Science, Health, and Education.
This ruling marks a significant step towards upholding academic freedom and constitutional principles in higher education laws in Germany. As the situation develops, it will be interesting to see how the Berlin state government and Humboldt University respond to the court's decision and the proposed draft law.
The Commission has also been informed of the progress of the present investigation concerning the constitutional complaint filed by Humboldt University regarding the unconstitutional entitlement regulation for promoted scientific employees in the Berlin Higher Education Act. This case, with its implications for education-and-self-development, politics, and general news, carries significant significance for academic freedom and higher education laws in Germany.
