Constitutional court tilts controversial extension rule in the university law!

Constitutional court tilts controversial extension rule in the university law!

Berlin, Deutschland - The topic of the time limits in the university area continues to cause a lot of vertebrae in Berlin. The Federal Constitutional Court declared the removal rule in the Berlin University Act to be unconstitutional. This regulation stipulated that universities have to offer their doctorate in scientific employees an indefinite position after their employment contract has ended, provided the qualification goal has been achieved. The decision came at the request of the Humboldt University, which defended itself with a constitutional complaint against the controversial paragraph 110. According to the Tagesschau, the court emphasized the interference in the fundamental right to freedom of science and the lack of legislative competence of the State of Berlin.

The President of the Humboldt University, Sabine Kunst, reacted to the judgment with resignation from protest against the Higher Education Act and hooked the questionable extension regulation on the wall. This law, which came into force in September 2021, not only put the universities in turmoil, but also triggered violent political debates. The standard in question had been temporarily exposed to and extended in the application. Different opinions show in the political reactions to the judgment: While AfD spokesman Martin Treffzer celebrates the judgment as a success for freedom of science, left-wing spokesman Tobias Schulze sees a setback for the efforts to contain the time limit practice. The GEW educational union also calls for fundamental changes to the legal framework for temporary employment relationships in science.

new draft laws in prospect

The Berlin coalition has already made plans to create new job profiles that are intended to enable long -term jobs for young academic. Science senator Ina Czyborra was grateful for the legal clarification by the Federal Constitutional Court and announced that a draft law would be brought in in the House of Representatives in the autumn without the controversial low -demand regulation. This is intended to create a clear perspective for the numerous research staff, which are often unsettled by temporary positions.

The discussion about time limits at universities is not a new topic. In the past, studies and books on the legal framework and developments in this area have been published, such as in the archive of the German University Association, where topics related to science policy and university law are dealt with. The question of how universities can bring both autonomy and state responsibility under one roof remains of great importance in the future.