03 - Germany - Specific legislative framework

The legal basis of higher education in Germany is provided by the Framework Act for Higher Education ( Hochschulrahmengesetz) of the Federation and the legislation on higher education of the Länder (Hochschulgesetze), as well as the legislation regarding colleges of art and the legislation regarding Fachhochschulenof the Länder as far as these types of institution are not included in the general Higher Education Acts.

In accordance with its purpose, the Framework Act for Higher Education describes the general objectives of higher education institutions as well as the general principles underlying the system of higher education, study, teaching and research, admission, membership and participation, as well as the staff of institutions of higher education. Based on the general provisions of the Framework Act, the laws on higher education passed by the Länder cover the above-mentioned areas in detail. As a rule, the regulations apply to all institutions of higher education, including privately-maintained establishments, and provide a systematic foundation for the higher education system, which currently comprises more than 370 institutions. The Land legislation can allow exceptions for privately-maintained institutions of higher education.

In the course of the reform for the modernisation of the federal system (Föderalismusreform), in 2006, the relationships between the Federation and the Länder as regards legislation in the field of education have changed as well. Amongst other things, the Federation’s framework responsibility in the field of higher education has ceased to exist. Henceforth, the Federation will be responsible for the fields of admission to higher education institutions and degrees from higher education institutions as part of concurrent legislation (Art. 72 of the Basic Law). However, the Länder have been granted the power to enact their own provisions in deviation from the relevant federal laws. The power to deviate will only enter into force when and to the extent the Federation has exercised its legislative power, but in no event later than on August 1, 2008. The existing provisions of the Framework Act for Higher Education and of the laws of the Länder which relate to higher education institutions will continue to apply until the enactment of relevant federal or Länder-specific laws.

The field of joint tasks (Art. 91b of the Basic Law) has also been modified. In cases of supra-regional importance, the Federation and the Länder may cooperate in the promotion of:

• scientific research institutions and projects outside of institutions of higher education
• scientific and research projects at institutions of higher education (agreements require the consent of all Länder)
• research buildings at institutions of higher education, including major equipment.

Previously, the extension of higher education institutions had been governed by a provision of the Basic Law which declares the construction of higher education institutions to be a joint task of the Federation and the Länder. Until the end of 2006, this constitutional provision had been fulfilled by the law governing the joint task Extension and construction of institutions of higher learningfrom 1969. As a consequence of the federalism reform, this joint task has ceased to exist. The Higher Education Institutions Construction Act ( Hochschulbauförderungsgesetz) will become ineffective as of January 1, 2007, and the construction of higher education institutions will fall within the sole responsibility of the Länder, which will receive, by way of compensation, part of the funds that the Federation had previously made available for the construction of higher education institutions. Another part of the Federal funds which had previously been made available for the construction of higher education institutions will in future be employed within the framework of the new joint task Promotion of the construction of research buildings, including major equipment. The previous joint task Promotion of research projects at higher education institutionsremains largely unchanged. A newly added joint task is the promotion of scientific projects at higher education institutions, which in particular provides an opportunity to increase the number of study places. The functional and organisational design of the new joint task will be regulated in an administrative agreement between the Federation and the Länder, the central point of which is the establishment of a joint science conference ( Wissenschaftskonferenz).

Training at Berufsakademien is governed by the Berufsakademielaws in force in the individual Länder and by the Ausbildungsordnungen (training regulations) and Prüfungsordnungen (examination regulations) of the relevant Ministry of Science.

Continuing vocational education at Fachschulen is regulated by education legislation and by the training regulations and examination regulations of the individual Länder in particular. For training in some occupations in the field of health at schools within the health sector, regulations under federal law apply in accordance with the Vocational Training Act (Berufsbildungsgesetz). The training regulations and examination regulations for most occupations in the health sector, however, fall under the area of responsibility of the relevant ministries in the Länder competent for health or education.

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