Higher education framework law (HRG)

Unofficial table of contents

HRG

Date of completion: 26.01.1976

Full quote:

" Higher Education Framework Act, as amended by the Notice of 19 January 1999 (BGBl. 18), as last amended by Article 2 of the Law of 12 April 2007 (BGBl). I p. 506).

Status:	New by Bek. v. 19.1.1999 I 18;
	Last amended by Art. 2 G v. 12.4.2007 I 506

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 15.5.1980 + + +) 
(+ + + Changes due to EinigVtr cf.  § § 27, 33a, 34, 57f, 72 u.  75a + + +) 

  

Unofficial table of contents

Content Summary

§ 1	Scope
1. Chapter
Tasks of universities
Section 1
General provisions
§ 2	Tasks
§ 3	Equal rights of women and men
§ 4	Freedom from art and science, research, teaching and study
§ 5	State funding
§ 6	Evaluation of research, teaching, promotion of young researchers and gender equality
Section 2
Study and teaching
§ 7	Aim of the study
§ 8	Study Reform
§ 9	Coordination of the order of studies and examinations
§ 10	Degree programmes
§ 11	Standard period of study up to the first job-qualifying degree
§ 12	Postgraduate courses
§ 13	Distance learning, multimedia
§ 14	Study advice
§ 15	Checks and Performance Point System
§ 16	Examination Regulations
§ 17	Pre-time filing of the examination
§ 18	University degrees
§ 19	Bachelor's and Master's degree programmes
§ 20	Studies at foreign universities
Section 21	(dropped)
Section 3
Research
Section 22	Tasks and coordination of research
Section 23	(dropped)
§ 24	Publication of research results
Section 25	Research using third-party funds
Section 26	Development projects
Chapter 2
Admission to study
§ 27	General requirements
§ 28	(dropped)
§ 29	Standards of training capacity
§ 30	Setting of approval numbers
Section 31	Central allocation of study places
Section 32	Selection procedure
§ 33	(dropped)
§ 33a	(dropped)
Section 34	Prohibition of discrimination
§ 35	Independence of the authorisation of the nationality of the country
Chapter 3
Members of the University
Section 1
Membership and participation
§ 36	Membership
Section 37	General principles of participation
§ § 38 to 40	(dropped)
Section 41	Student body
Section 2
Scientific and artistic staff
§ 42	Professional scientific and artistic staff
Section 43	Duties of university lecturers
Section 44	Recruitment requirements for professors
§ 45	Tendering of positions for university teachers
Section 46	Position of the professors in the field of service
§ 47	Recruitment requirements for junior professors and junior professors
§ 48	Position of junior professors and junior professors
§ § 48a to 48d	(dropped)
§ 49	Application of the provisions of the Civil Service Law Framework Act
§ 50	Special arrangements for the provision of services
Section 51	(dropped)
Section 52	(dropped)
Section 53	Academic and artistic staff
§ 54	(dropped)
§ 55	Lecturer
§ 56	Teaching staff for special tasks
Section 57	(dropped)
Section 57a	(dropped)
§ 57b	(dropped)
Section 57c	(dropped)
§ 57d	(dropped)
§ 57e	(dropped)
§ 57f	(dropped)
Chapter 4
Legal status of the university
Section 58	Legal form and self-governing law
§ 59	Supervision
§ § 60 to 69	(dropped)
Chapter 5
State recognition
Section 70	Recognition of institutions
Section 71	Equality of degrees from the notary school
6. Chapter
Adaptation of the national law
Section 72	Adjustment periods
Section 73	Derogations
Section 74	Previous service contracts and professional agreements
§ § 75, 75a	(dropped)
Section 76	Maintenance of the acquis in respect of the obligation to pay
§ 76a	Transitional provision for university assistants
Chapter 7
Amendment of federal laws, final provisions
§ § 77 to 80	(amendment of legislation)
§ 81	Contracts with the churches
Section 82	(dropped)
Section 83	(Entry into force)

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§ 1 Scope

Universities within the meaning of this Act are the universities, the universities of teacher education, the art colleges, the universities of applied sciences and the other institutions of the educational system, which are state universities according to state law. This law also applies to the state-approved universities, insofar as this is determined in § 70.

1. Chapter
Tasks of universities

Section 1
General provisions

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§ 2 Tasks

(1) The universities serve according to their tasks of nursing and the development of the sciences and the arts through research, teaching, study and further education in a liberal, democratic and social constitutional state. They prepare for professional activities which require the application of scientific knowledge and scientific methods or the ability to design artistically. (2) The universities promote according to their task the (3) The universities promote the further training of their staff. (4) The universities have an impact on the social advancement of students; they take into account the special needs of students with Children. They are responsible for ensuring that disabled students are not disadvantaged in their studies and that the offers of the university can be used as far as possible without external assistance. They promote sport in their field. (5) Universities promote international, in particular, European cooperation in the field of higher education and exchanges between German and foreign universities; they take into account the special needs of the universities. The needs of foreign students. (6) The universities cooperate with each other in the performance of their tasks and with other governmental and state-sponsored research and educational institutions. This applies in particular to the cooperation in higher education required after the reunification of Germany. (7) The universities promote the transfer of knowledge and technology. (8) The universities inform the public about the Performance of their tasks. (9) The different tasks of the higher education types in accordance with § 1 sentence 1 and the tasks of the individual institutions of higher education are determined by the country. Tasks other than those referred to in this Act may be transferred to universities only if they are related to the tasks referred to in paragraph 1. Unofficial table of contents

Section 3 Equal rights of women and men

Universities promote the effective enforcement of equal rights for women and men, and work towards eliminating existing disadvantages. The tasks and participation rights of the women's and equal opportunities officers of the universities are governed by the law of the country. Unofficial table of contents

§ 4 Freedom of art and science, research, teaching and studies

(1) The country and the universities must ensure that the members of the university can exercise the fundamental rights guaranteed by the first sentence of Article 5 (3) of the Basic Law. (2) The freedom of research (Article 5 (3) sentence 1 of the Basic law) includes in particular the question, the principles of the methodology as well as the evaluation of the research result and its dissemination. Decisions of the relevant higher education institutions in matters of research are permitted in so far as they are concerned with the organisation of research activities, the promotion and coordination of research projects and the formation of research priorities shall not affect the freedom within the meaning of the first sentence. Sentences 1 and 2 apply to artistic development projects and to the exercise of art accordingly. (3) The freedom of doctrine (Article 5 (3) sentence 1 of the Basic Law) includes, without prejudice to Article 5 (3) sentence 2 of the Basic Law, within the framework of the teaching tasks to be fulfilled, in particular the holding of courses and their content and methodological design as well as the right to the expression of scientific and artistic doctrine opinions. Decisions of the competent institutions of higher education in matters of teaching shall be admissible in so far as they relate to the organisation of teaching and the preparation and observance of study and examination regulations; they may be free to do so in the (4) The freedom of study includes, without prejudice to the study and examination regulations, in particular the free choice of courses, the right to focus on the course of studies at the choice of one's own choice , as well as the preparation and expression of scientific and artistic opinions. Decisions of the relevant higher education institutions in matters of study are permitted in so far as they are concerned with the organization and proper conduct of teaching and study operations and on ensuring proper study . Unofficial table of contents

§ 5 State financing

The state funding of the universities is oriented towards the achievements in research and teaching as well as in the promotion of young researchers. Progress in the implementation of the gender equality mandate must also be taken into account. Unofficial table of contents

§ 6 Evaluation of research, teaching, promotion of young researchers and gender equality

The work of the universities in research and teaching, in the promotion of young researchers and the fulfilment of the equal opportunity order is to be regularly evaluated. The students must be involved in the evaluation of the quality of the teaching. The results of the evaluations are to be published.

Section 2
Study and teaching

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§ 7 Objective of the studies

Teaching and studying should prepare the student for a professional field of activity and give him the necessary technical knowledge, skills and methods in accordance with the respective course of study in such a way that he/she is too scientific. or artistic work and responsible action in a liberal, democratic and social state of the rule of law. Unofficial table of contents

§ 8 Study Reform

The universities have the permanent task, in cooperation with the relevant state bodies, of content and forms of study in the light of developments in science and art, the needs of professional practice and the necessary To review and further develop changes in the professional world. Unofficial table of contents

§ 9 Coordination of the order of studies and examinations

(1) The federal and state governments are jointly responsible for the treatment of basic and structural questions of the study offer, taking account of developments in science, in professional practice and in the higher education system. (2) The Länder work together to ensure that equivalence of study and examination achievements as well as degrees and the possibility of university change are ensured. (3) The universities and experts from the Professional practice shall be carried out in the performance of the tasks referred to in paragraphs 1 and 2. . Unofficial table of contents

§ 10 Courses

(1) The courses of study generally lead to a professional qualification. For the purposes of this Act, the professional qualification is also the conclusion of a course of study, which provides the professional competence for a professional preparation service or a professional introduction. To the extent that the respective study target requires a professional experience, it is to be agreed with the other parts of the course of study in terms of content and time and, if possible, to be classified in the course of study. (2) The examination regulations are the To provide study periods in which a professional qualification can be obtained (standard period of study). The standard period of study includes periods of practical work in the course of study, practical study semesters, and examination periods. The standard period of study is authoritative for the design of the courses of study by the university, for ensuring the teaching offer, for the design of the examination procedure as well as for the determination and determination of the training capacities (§ 29 Abs. 1) and the calculation of student numbers in university planning. Unofficial table of contents

§ 11 Regular study period up to the first professional qualification

The standard period of study up to the first job-qualifying conclusion is without prejudice to § 19 (2) sentence 2,

1.

in the case of universities of applied sciences, four years,

2.

for other courses of study four and a half years.

In addition, regular study periods may be fixed in particularly justified cases; this also applies to courses of study which are carried out in special study forms. In appropriate disciplines, courses of study are to be set up, which will lead to a first professional qualification in a shorter period of time. Unofficial table of contents

§ 12 Postgraduate courses

For graduates of a university degree, additional academic or professional qualifications can be provided, or for the deepening of a course of studies, in particular for the training of young academics and young artists, Supplementary and post-graduate studies (postgraduate studies) are offered. Postgraduate studies, which lead to a degree of diploma or Magister, should last for a maximum of two years. Section 19 (3) remains unaffected. Unofficial table of contents

§ 13 Fernstudium, Multimedia

(1) In the reform of study and teaching and in the provision of the teaching offer, the possibilities of distance learning as well as the information and communication technology are to be used. The Federal Government, the Länder and the universities promote this development within the limits of their competences. (2) A study performance provided for in an examination regulations is also demonstrated by the successful participation in a corresponding distance study unit. as far as the unit is equivalent to the corresponding teaching offer of the presence study. The determination of equivalence shall be governed by national law. Unofficial table of contents

§ 14 Student Advisory Service

The university teaches students and prospective students about the study possibilities and the content, structure and requirements of a degree program. During the entire course of studies, she supports the students through a course-related technical advice. It is oriented towards the end of the first year of studies on the course of studies so far, informs the students and, if necessary, conducts a student advisory service. The university is intended to cooperate with the student advisory service in particular with those responsible for vocational guidance and the authorities responsible for the state examinations. Unofficial table of contents

§ 15 Examination and credit points system

(1) The course of study is usually completed by a university examination, a state examination or an ecclesiastic examination. An intermediate examination takes place in study programmes with a standard period of study of at least four years. Examinations can also be taken in the course of the study. The transition to the main course of studies usually requires the successful transfer of an intermediate examination. (2) For all suitable degree courses, the conditions under which a completed within the standard period of study have to be determined are to be determined. Final examination in the event of non-existence is deemed not to be undertaken (free trial). The national law may stipulate that an examination passed in the free trial can be repeated for the improvement of grades. (3) A credit point system is to be created for the proof of study and examination achievements, which also includes the transfer of the test results. (4) Examination benefits may only be assessed by persons who themselves have at least the equivalent or equivalent of the examination, or who have been given the same quality or Qualification. Unofficial table of contents

Section 16 Examination regulations

University examinations are filed on the basis of examination regulations which require the approval of the body responsible under national law. The examination requirements and procedures must be designed in such a way that the final examination can be completely stored within the standard period of study. Examination regulations must permit the use of the protection periods of § 3 (2) and § 6 (1) of the Maternity Protection Act as well as the time limits of the national regulations on parental leave. Examination regulations must take into account the special needs of students with disabilities in order to preserve their equal opportunities. The approval of an examination regulations is to fail if it provides for a standard period of study which is incompatible with § 11 or § 19. In particular, the approval may be denied if the examination regulations do not comply with other provisions relating to the standard period of study. In particular, the body responsible under national law may require the amendment of a valid examination regulations if it does not comply with the requirements of sentences 2 to 6. Unofficial table of contents

§ 17 Pre-examination of the examination

University exams may be filed before the expiry of a deadline set for the notification, provided that the services required for admission to the examination have been proven. Unofficial table of contents

§ 18 University degrees

(1) On the basis of the university examination, with which a professional qualification is obtained, the university may award a degree with an indication of the specials. On the basis of the university entrance examination at universities of applied sciences or in other universities of applied sciences, the degree of diploma with the addition of "Fachhochschule" ("FH") . The university can also give a degree of degree due to a state examination or an ecclesiastic examination, with which a university degree is completed. The national law may provide that a higher education institution shall give a degree of Magister for the professional qualification of a course of study, without prejudice to § 19, not for completion in a university of applied sciences degree course. According to the provisions of the national law, a higher education institution may, on the basis of an agreement with a foreign university, confer on other degrees other than those referred to in sentences 1, 2 and 4. A degree according to sentence 5 may also be awarded in addition to one of the degrees referred to in sentences 1, 2 and 4. (2) In addition, the country law determines which university degrees are awarded. It may provide that the colleges of art for the vocational qualification of a course of studies shall give other than the degrees referred to in paragraph 1. Unofficial table of contents

§ 19 Bachelor's and Master's degree programmes

(1) Universities may set up courses of study leading to a degree of Bachelor or Baccalaureate and to a Master or Magister degree. (2) On the basis of tests with which a first job-qualifying degree is obtained, the Give a Bachelor's degree or a degree in Bakkalaureusgrad. The standard period of study is at least three and not more than four years. (3) On the basis of examinations, with which a further professional qualification is acquired, the university can give a master degree or a degree of Magister. The standard period of study is at least one year and not more than two years. (4) In the case of consecutive courses of study leading to grads under paragraphs 2 and 3, the total period of study is no more than five years. (5) § 11 sentence 2 applies accordingly. (6) The documents on the award of the academic degrees will be submitted by the universities to an English translation on request. Unofficial table of contents

§ 20 Studies at foreign universities

Studies and examination services provided at foreign universities are recognised if their equivalence is established. § 5a (1) sentence 2 and § 112 of the German Judge Act remain unaffected. Unofficial table of contents

Section 21

(dropped)

Section 3
Research

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Section 22 Tasks and coordination of research

Research in the universities serves to gain scientific knowledge as well as the scientific foundation and further development of teaching and studies. The subject of research at universities may, taking into account the tasks of the university, be all scientific fields and the application of scientific knowledge in practice, including the consequences of the application of scientific knowledge. For the mutual coordination of research projects and research priorities and for the planning and implementation of joint research projects, the universities work with each other, with other research institutions and with institutions of the regional research planning and research funding. Unofficial table of contents

Section 23

(dropped) Unofficial table of contents

Section 24 Publication of research results

When publishing research results, employees who have made their own scientific or material other contribution are to be mentioned as co-authors; where possible, their contribution shall be marked. Unofficial table of contents

§ 25 Research with Third Party Funds

(1) The members of higher education institutions are entitled to carry out, within the framework of their duties, such research projects which are not from the budget available to the university, but from funds. The third parties shall be financed by third parties, without prejudice to their obligation to fulfil the other duties. The implementation of projects in accordance with the first sentence is part of university research. (2) A university member is entitled to carry out a research project in accordance with paragraph 1 in the university if the fulfilment of other tasks of the university as well as the rights (3) A research project referred to in paragraph 1 shall be published in the foreseeable future. (3) A research project referred to in paragraph 1 shall be published in the following: is displayed. The implementation of such a project must not be subject to authorisation. The use of personnel, materials and facilities of the university may only be prohibited or restricted by conditions, in so far as the conditions set out in paragraph 2 require this. (4) The funds for research projects at the university shall be administered by the University of Applied Sciences. The funds shall be used for the purpose intended by the donor and shall be managed in accordance with the latter's conditions, in so far as the legal provisions do not conflict. If the conditions are not regulated, the provisions of the country shall apply in addition. At the request of the member of the university who carries out the project, the administration of funds by the university should be waited, provided that this is compatible with the conditions of the financial institution; sentence 3 does not apply in this case. (5) From funds The third paid main professional staff member in research projects carried out at the university should be recrused as staff of the university in the employment contract relationship, subject to sentence 3. The recruit assumes that the employee has been proposed by the member of the university who is carrying out the project. If this is compatible with the conditions of the financial institution, the university member may, in justified cases, conclude the employment contracts with the employees. (6) Financial income of the university from research projects which are carried out at the university , in particular from income received by the university as a fee for the use of personnel, equipment and facilities, the university shall be at the disposal of the institution for the performance of its duties. Unofficial table of contents

Section 26 Development projects

The provisions of this section apply to development projects in the context of applied research as well as to artistic development projects.

Chapter 2
Admission to study

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§ 27 General Conditions

(1) Each German within the meaning of Article 116 of the Basic Law is entitled to the university degree chosen by him, if he proves the qualification required for the course of studies. Nationals of another Member State of the European Union are equivalent to Germans if the language skills required for the course of studies are demonstrated. (2) The proof referred to in the first sentence of paragraph 1 shall be granted for access to a course of study which is the first to qualify for the first professional qualification. Conclusion leads, in principle, through the successful completion of a school education preparatory to the study programme. In the field of vocational education and training, qualifications can also be provided in other ways after a further determination of the country's law. (3) Legislation, according to which additional persons are equivalent to Germans in accordance with paragraph 1, shall remain unaffected. Unofficial table of contents

§ 28

(dropped) Unofficial table of contents

§ 29 Standards of training capacity

(1) In cooperation between universities and competent public authorities, uniform principles are to be developed for the identification and determination of the training capacities of universities. In principle, the calculation must be based on the standard period of study determined for the respective course of study. (2) After the central office (§ 31) has been established, it is to be expected that not all of the universities in the scope of this law In the case of a study programme, the number of students to be accepted by the institution (number of admission) must not be less than the number of students who are to be admitted to the course of study, taking into account the human, spatial, Saxon and subject-specific conditions It is essential to maintain an orderly perception of the university's tasks in research, teaching and study, as well as in the provision of health care. The assessment shall be preceded by a check as to whether, within the limits of the available resources, the possibilities for using the existing training capacity have been exhausted. Unofficial table of contents

Section 30Setting of admission numbers

(1) Registration numbers shall be determined by national law. They are to be determined for each university if a course of study is included in the procedure of the central office in accordance with § 31 (1). (2) Admission figures are only for individual courses of study and for a specific period of time, at most for the duration of a (3) Before fixing, the university must be asked by the competent State authority to communicate its ideas on the number of students to be received. The report of the university shall indicate how the training capacity has been calculated and shall apply the uniform principles in accordance with section 29 (1). In the case of section 29 (2), the result of the review is to indicate whether the available resources have been used to exploit the possibilities of using the existing training capacity. Unofficial table of contents

§ 31 Central allocation of study places

(1) In courses of study for which admission numbers are fixed for several universities, the places of study may be awarded by the central office established by the Länder. A course of study shall be included in the procedure of the central office at the earliest possible date if, after the central office has been established, the number of admissions is fixed for all state universities and it is to be expected that the number shall be: the applicant exceeds the total number of places available, unless the decision is reserved for the universities because of the nature of the admission requirements or the selection criteria. A course of study should be included in the procedure of the central office if, following the establishment of the central office, the number of admission figures for the majority of state universities is fixed. (2) If the total number of study places available at all universities is to be admitted to the admission of all applicants, the places available at the individual universities will be provided by the central office as soon as possible after the location of the study places. Applicants and, if necessary, up to a quarter of the study places by degree the qualification awarded in accordance with § 27 for the chosen course of studies and, moreover, in particular in accordance with the social, especially family and economic reasons for the choice of the local area (distribution procedure). (3) Reg in a In the case of the total number of places of study not to be admitted to the admission of all applicants, a selection shall take place among the applicants in accordance with § § 32 to 35 (selection procedure); the following In the cases of Section 32 (3) (3) of the University admitted. In addition, in the cases described in § 32 (3) (1) above all, they shall be the individual universities as far as possible in accordance with their wishes and, if necessary, in accordance with the degree of qualification for the chosen course of study, which is proven in accordance with § 27, in all other cases (4) There is a higher educational capacity at a university for the first part of a degree programme than for later parts of the university. this course of study, a limited allocation to the first part of the course of study and enrollees, if it is guaranteed that the student can continue his studies at other universities within the scope of this law. Unofficial table of contents

§ 32 Selection procedure

(1) In the case of § 31 (3), the places available for first-year students shall be awarded in accordance with the standards set out in paragraphs 2 and 3, taking into account the ranking of their study wishes indicated by the applicants. In the case of applications for these places of study, according to the national law, at least six local wishes may be indicated in a ranking list. (2) Up to three tenths of the study places are to be reserved for

1.

Applicants for which the approval of the authorisation would constitute an exceptional, in particular social, hardship;

2.

Applicants who have undertaken to pursue their profession in areas of specific public needs, on the basis of appropriate regulations;

3.

foreign and stateless candidates; obligations under intergovernmental agreements must be taken into account;

4.

Applicants who have obtained the qualification for the chosen course of study (§ 27) in another non-completed degree programme or other equivalent training courses according to national law; their selection shall be based on the degree of qualification (§ 27). Those candidates may not be admitted in the procedure referred to in paragraph 3;

5.

Applicants who have already completed a course of study in another course of study (second study applicants). The selection is based on the examination results of the first degree programme and on the reasons for the application for further studies. These candidates may not be admitted in the procedure referred to in paragraph 3.

The national law may stipulate that within the quota after the first sentence, places of study for applicants qualified in vocational education and training (Article 27 (2) sentence 2) are reserved; these candidates shall not be admitted in the procedure referred to in paragraph 3. Not used places of study are awarded to the places of study in accordance with paragraph 3. (3) The remaining study places will be awarded

1.

to one fifth of the places of study at each university by the central office according to the degree of qualification for the chosen course of study, which has been proven in accordance with § 27. Skill levels that only slightly differ from each other can be treated as ranglike. Countries shall ensure that the evidence within a country and in the ratio of the countries to each other is comparable with respect to the respective requirements and assessments. As long as the comparability of the countries is not guaranteed, country quotas will be formed for the selection of the applicants. The rate of a country is one-third by its share of the total number of applicants for the study programme (applicant share) and two-thirds according to its share of the total number of eighteen-to-less than Twenty-one-year-olds (population share); for the countries of Berlin, Bremen and Hamburg, the resulting quotas will be increased by three tenths. The calculation of the applicant's share takes into account only those persons who have a higher education entrance qualification, which is mutually recognised by all countries;

2.

a fifth of the places of study after the period of time since the qualification for the chosen course of study according to § 27 (waiting period). Periods of study at a university are not counted on the waiting period; this is the case for the first time after the entry into force of this law;

3.

and, moreover, by the universities in accordance with the outcome of a selection procedure. The respective university places the places of study in this procedure in accordance with the respective country law, in particular

a)

according to the degree of qualification in accordance with § 27,

b)

by weighted individual grades of the qualification according to § 27, which provide information on the subject-specific suitability,

c)

according to the outcome of a subject-specific student test,

d)

according to the type of vocational training or professional activity,

e)

according to the results of an interview with the applicants to be carried out by the university, the motivation of the applicant and the identification with the chosen course of study and the desired degree of motivation give a job and serve to avoid any misrepresentation about the requirements of the study programme,

f)

on the basis of a combination of scales referred to in points (a) to (e).

In the selection decision, the degree of qualification according to § 27 must be given a decisive influence. The number of participants in the selection procedure can be limited. In this case, the university decides on the participation in accordance with one of the standards set out in sentence 2 (a) to (d), the degree of the order reference or a connection of these standards. Applicants selected under number 1 or 2 shall not participate in the selection procedure. (4) A combination of the scales referred to in paragraph 3 (1) and (2) or, without prejudice to the provisions of paragraph 3, shall be eligible for the decision in cases of equality of the candidates. § 34, sentence 2, the selection shall be made by lot. Unofficial table of contents

§ 33

(dropped) Unofficial table of contents

§ 33a

(dropped) Unofficial table of contents

Section 34 Prohibition of deprivation

Applicants must not suffer any disadvantages

1.

from the performance of service obligations under Article 12a of the Basic Law and the assumption of such service obligations and related services up to a period of three years,

2.

from the service as development aid worker under the Development Helpers Act of 18 June 1969 (BGBl. 549), as last amended by Article 15 of the Law of 21 June 2002 (BGBl I). 2167),

3.

from the performance of a voluntary social year in accordance with the Law on the Promotion of a voluntary social year of 17 August 1964 (BGBl. 640), as amended by the Notice of 15 July 2002 (BGBl. 2596) or of a voluntary ecological year under the Law on the Promotion of a Voluntary Ecological Year of 17 December 1993 (BGBl. 2118), as amended by the Notice of 15 July 2002 (BGBl. 2600) or within the framework of a model project funded by the Federal Government, or

4.

from caring for or caring for a child under the age of 18 or other dependants up to a period of three years.

In the case of the same rank as in § 32 (2) and (3), the candidates shall take precedence after the first sentence. Unofficial table of contents

§ 35 Independence of the authorisation of the nationality of the country

The admission of a student who is German within the meaning of Article 116 of the Basic Law must not be subject to the condition in which country of the Federal Republic of Germany the place of birth or the place of residence of the applicant, or of its members, or in which country of the Federal Republic of Germany the applicant has acquired the qualification for university studies; § 32 (3) No. 1 sentence 4 to 6 remains unaffected.

Chapter 3
Members of the University

Section 1
Membership and participation

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§ 36 Membership

(1) The members of the university are not only temporarily or gainfully employed at the university, and the students enrolled. The State Law regulates the position of other persons at the University of Applied Sciences, as well as honorary citizens and honorary senators. (2) After retirement, the professors are entitled to the rights attaching to the teaching authority for the holding of Courses and participation in examination procedures. Unofficial table of contents

§ 37 General principles of participation

(1) Participation in the self-administration of the university is the right and duty of all members. The nature and extent of the participation of the individual member groups and within the member groups are determined by the qualification, function, responsibility and the concern of the members. For the representation in the committees, which are composed by groups of members, the university teachers, the academic staff, the students and the other staff members form in principle one group each; all groups of members must be represented and shall, in principle, have the right to vote in accordance with the conditions laid down in sentence 2. The national law regulates the position of the other persons working at the university. In decision-making bodies composed of groups of members, the university lecturers have at least over half of the decision in matters relating to teaching, with the exception of the assessment of teaching. Votes, in matters directly related to research, artistic development projects or the appointment of university teachers, by a majority of the votes. (2) The members of a body shall, as far as they are concerned, become members of the committee. the Panel does not belong to the Office, for a given term of office Appointed or elected; they shall not be bound by instructions. An appropriate representation of women and men should be sought. (3) The members of the university may not be penalised because of their activities in self-administration. Unofficial table of contents

§ § 38 to 40 (omitted)

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§ 41 Student Union

(1) Land law may stipulate that universities should be responsible for the perception of university-political, social and cultural concerns of students, for the care of inter-regional and international student relations, and for the perception of student Matters relating to the tasks of the universities (§ § 2 and 3) Student unions are formed. (2) If a student body is formed, it administers its affairs within the framework of the statutory provisions themselves. It may make contributions from its members in order to carry out its duties. The budget and economic management of the student body is audited by the Landesbilling Court. The student body is subject to the supervision of the management of the university and the competent authority of the state. (3) In the case of participation in the organs of the student body, § 37 para. 3 applies accordingly.

Section 2
Scientific and artistic staff

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§ 42 Main professional scientific and artistic staff

The academic and artistic staff of the University of Applied Sciences consists, in particular, of the university teachers (professors, junior professors and junior professors), the scientific and artistic staff as well as teaching staff for special tasks. In order to enforce equality between women and men, women are promoted in compliance with the primacy of suitability, empowerment and professional performance (Article 33 (2) of the Basic Law). The aim of the funding is above all to increase the proportion of women in science. Unofficial table of contents

Section 43 Service duties of university lecturers

The university lecturers perceives the tasks of their university in the fields of science and art, research, teaching and further education in their subjects on their own, according to the more detailed design of their service. Unofficial table of contents

§ 44 Requirements for appointment of professors

In addition to the general conditions of employment, the conditions for appointments for professors are in principle

1.

a completed university degree,

2.

educational aptitude,

3.

Special qualification for scientific work, which is usually demonstrated by the quality of a doctorate, or special qualification for artistic work, and

4.

in addition, depending on the requirements of the body

a)

additional scientific services,

b)

additional artistic achievements or

c)

special services in the application or development of scientific findings and methods in a multi-annual professional practice.

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Section 45 Call for tenders for university lecturers and teachers

The positions for university lecturers are to be issued publicly and, as a rule, internationally. The national law may provide for exemptions from the obligation to tender, in particular if a junior professor is to be appointed to a professorship. Unofficial table of contents

Section 46 The position of professors

Professors, insofar as they are appointed to the civil service relationship, are appointed to officials on time or at life; by law, it may be determined that a trial period should be relocated. Unofficial table of contents

§ 47 Requirements for recruitment of junior professors

Recruitment requirements for junior professors are, in addition to the general conditions of employment, in principle

1.

a completed university degree,

2.

educational aptitude,

3.

Special qualification for scientific work, which is usually demonstrated by the outstanding quality of a doctorate.

If, before or after the doctorate, employment has been carried out as a research associate or research assistant, the doctoral and employment phase together should not be more than six years, in the field of medicine no more than nine years. Extensions according to § 2 (5) sentence 1 no. 1 and 3 to 5 of the WissenschaftszeitContract Act are not considered here. Section 2 (3), first sentence, of the German Science and Time Contract Act applies accordingly. Unofficial table of contents

Section 48 The position of the junior professors in the field of service

(1) A two-phase service ratio shall be provided for junior professors and junior professors, which shall not exceed six years. An extension for the second phase should be made if the junior professor has proven to be a university teacher or a university lecturer; otherwise, the service relationship can be extended by up to one year. (2) If junior professors are appointed as officials at the time of their appointment, the provisions applicable to civil servants at the time of life shall apply in accordance with the provisions of this Act. Unofficial table of contents

§ 48a

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§ 48b

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Section 48c

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§ 48d

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Section 49 Application of the provisions of the Civil Service Law Framework Act

The provisions of the Civil Service Law Framework Act shall apply to officials of higher education teachers and academic and artistic staff members, unless this law determines otherwise. Unofficial table of contents

Section 50 Special Regulations

(1) The provisions of the Law on the Law of the Civil Service on the career paths and the one-time retirement are not applicable to university teachers. The rules relating to the trial period shall apply only in the case of § 46 second half-sentence. The provisions of the Civil Service Law Framework Act on working time, with the exception of § § 44a and 44b, are not applicable to university teachers; however, the remit of a higher education institution requires a regular or a scheduled presence, these provisions may be declared applicable to certain categories of officials; the provisions relating to the loss of remuneration shall be applied to the service of non-authorised, culpable distance from the service. (2) University lecturers can only agree with their consent be secondhand or moved. Secondhand and translation into an equivalent office at another university are also permissible without the consent of the university teacher if the university or the higher education institution to which she or he works is dissolved or is merged with another university, or if the study or discipline in which she or he works is wholly or partly abandoned or transferred to another university; in such cases, a Participation of the host university or higher education institution in the recruitment of a Consultation. (3) As far as university teachers or academic and artistic staff members are at the time, the duty of service, provided that there are no official reasons for doing so, shall be To extend the application of the official or of the official in accordance with the national law, in particular in the case of a prohibition on employment, in case of parental leave and on leave of absence or reduction of working time because of the care or care of a child under 18 years of age or (4) As far as a fixed-term employment relationship has been established for university teachers, paragraph 3 shall apply accordingly. Unofficial table of contents

Section 51

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Section 52

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§ 53 Scientific and artistic staff members

(1) Staff members, civil servants and employees who are responsible for scientific services are members of the scientific staff. In the field of medicine, the scientific services also include activities in the field of health care. In justified cases, academic staff can also transfer the self-perception of tasks in research and teaching. (2) As far as temporary staff members are concerned, Employees who are also responsible for the preparation of a doctorate or the provision of additional scientific services should be given sufficient opportunity to do so in the course of their duties. scientific work. (3) Requirements for recruitment In addition to the general conditions of employment, academic staff members are in principle a completed university degree. (4) Paragraphs 1 and 2 apply to artistic staff members accordingly. Unofficial table of contents

§ 54

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§ 55 Lecturer

Teaching assignments can be issued to supplement the teaching offer. At art schools, teaching assignments can also be granted in order to ensure the teaching offer in one subject. The lecturers shall carry out the teaching duties assigned to them independently. A teaching contract shall be paid; this shall not apply if the lecturer waived the remuneration or if the burden arising from the teaching contract in the assessment of the duties of a main occupation in the public service shall be taken into account. Unofficial table of contents

§ 56 Teacher for special tasks

To the extent that it is mainly necessary to provide practical skills and knowledge, which does not require the recruitment requirements for university teachers, it may be necessary for these teachers to work in particular in the case of special Tasks are transferred. Unofficial table of contents

Section 57

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§ § 57a to 57f (omitted)

Chapter 4
Legal status of the university

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Section 58 Legal form and self-governing law

(1) The higher education institutions are generally bodies of public law and at the same time state institutions. They can also be built in other legal forms. They have the right of self-government within the framework of the law. (2) The universities are giving themselves basic regulations that require the approval of the country. The conditions for a failure to obtain authorisation shall be laid down by law. Unofficial table of contents

§ 59 Supervision

The country is exercising legal supervision. The means of legal supervision shall be determined by law. In so far as universities carry out state tasks, the law must be subject to further supervision. Unofficial table of contents

§ § 60 to 69 (omitted)

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Chapter 5
State recognition

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Section 70 Recognition of bodies

(1) Educational institutions which are not state universities according to national law may, after the determination of the national law, be granted the property of a state-approved university if it is guaranteed that:

1.

the course of study is aligned with the objective set out in § 7,

2.

a majority of consecutive or consecutive degree programmes at the facility, alone or in association with other educational establishments, or which are planned as part of a development plan; this does not apply if: the establishment of a majority of courses of study by scientific development or the corresponding professional field of activity is not suggested in a specific subject,

3.

the applicants meet the requirements for admission to a corresponding state university,

4.

Teachers are required to meet the recruitment conditions required for appropriate activities at state higher education institutions, and

5.

the members of the institution are involved in the design of their studies in the appropriate application of the principles applicable to state universities.

(2) In the case of ecclesiastic institutions, derogations from the conditions laid down in paragraph 1 may be allowed, after the determination of the law of the country, if it is guaranteed that the study programme at a State institution of higher education (3) A state-approved university can, after a further determination of the country's law, take university examinations and give higher degrees of higher education. The university, which is completed at a state-approved university, is a completed university degree within the meaning of this law. (4) To coordinate the order of studies and examinations (§ 9), members of the state can be recognized as a state-approved university. Universities are involved. A state-approved university is to be included in the central allocation of study places (§ 31) upon request. (5) (omitted) Unofficial table of contents

Section 71 Equal treatment of degrees from the notary school

The degrees of training at the notary school of the State of Baden-Württemberg can be equated with the degrees of a comparable degree program at a state university.

6. Chapter
Adaptation of the national law

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Section 72 Adaptation periods

(1) Within three years of the entry into force of this Act, as amended on 26 January 1976 (BGBl. 185), the provisions of Chapters 1 to 5 are to be enacted in accordance with the laws of the Member States. Within two years after the entry into force of the Third Law amending the Higher Education Framework Act of 14 November 1985 (BGBl. 2090), the provisions of Article 1 (1) (1) to (42) of this Act must be enacted in accordance with national laws. Within three years from the date of entry into force of the accession, the Länder referred to in Article 1 (1) of the Agreement Treaty and in the part of the Land Berlin, where the Basic Law has not yet been applied, shall be enacted in the State of Berlin, which shall: the provisions of this law in the 3. The text is in force in October 1990. In the countries referred to in Article 1 (1) of the Agreement and in the part of the Land of Berlin, where the Basic Law has not yet been applied, the provisions of Article 1 shall be laid down within three years from the date of entry into force of the accession. No. 1 and 3 of the law on the extension of fixed-term employment and employment relationships with scientific staff, as well as with doctors in the training of 15 December 1990 (BGBl. 2806); in addition, corresponding national laws must be enacted within two years of the entry into force of the said law of 15 December 1990. Within three years of the entry into force of the Law on the Reform of Public Service Law of 24 February 1997 (BGBl. 322), national laws corresponding to the provisions of Article 12 (3) of this Act are to be adopted. Within three years of the entry into force of the Fourth Law amending the Higher Education Framework Act of 20 August 1998 (BGBl. 2190), the provisions of Article 1 of this Act are to be enacted in accordance with the laws of the country. Within three years of the entry into force of the Sixth Act amending the Higher Education Framework Act of 8 August 2002 (BGBl. 3138), the provisions of Article 1 of this Act are to be enacted in accordance with the laws of the country. Within three years after the entry into force of the Seventh Law amending the Higher Education Framework Act of 28 August 2004 (BGBl. 2298), the provisions of Article 1 of this Act are to be enacted in accordance with the laws of the country. Within two years of the entry into force of the Law on Change of Service and Labour Law in the Higher Education Area of 27 December 2004 (BGBl. 3835), the provisions of Article 1 of this Act are to be enacted in accordance with the laws of the country. § 9 shall apply directly. (2) Countries shall be obliged to settle their university admission rights at a corresponding time in accordance with the framework provisions of § § 29 to 35. For the first time for authorisations for the winter semester 2005/2006, but at the latest until the entry into force of the national law as set out in the first sentence, the provisions of Articles 7 to 16 of the State Treaty on the allocation of places of study of 24 June 1999 shall be subject to the conditions laid down in § 30 (3), § 31 (3), § 32 (3) and (4), § 34 and § 35 in the version in force as of 4 September 2004. The countries are meeting the necessary transitional arrangements. The additional requirements of the countries required under the 1 to 3 sentences must be the same as is necessary for the central allocation of the places of study. Unofficial table of contents

§ 73 Deviating regulations

(1) For higher education institutions which only offer further education, as well as for higher education institutions with a limited number of students, regulations that deviate from the provisions of this law may be adopted by the law of the State in so far as the (2) State universities whose training courses are exclusively geared to the public sector may be governed by the provisions of this law by the law of the State. different arrangements shall be made, in so far as the special structure and the task of these universities. The requirements of § 70 (1) Nos. 1 to 3 and 5 must be fulfilled. Unofficial table of contents

Section 74

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Section 74 Conditions of service and professional agreements

(1) The existing scientific and artistic assistants, senior assistants and assistants, senior engineers and senior engineers at the entry into force of the respective national law to be adopted pursuant to section 72 (1) sentence 9 as well as university lecturers remain in their previous employment relationships. Your position of membership remains unchanged. (2) Insofar as appointment agreements on the personnel and causal equipement of the professorships of amendments to the second section of the 3rd section of the 3rd section of the 3rd section of the 3. They shall be adjusted, taking due account of the mutual interests of the new legal situation. Unofficial table of contents

§ § 75 and 75a (omitted)

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Section 76 Acquis of the acquis in respect of the obligation to pay

(1) The right of ordinary and extraordinary professors present on the day before the entry into force of the law pursuant to Article 72 (1), first sentence, to be relieved of their official duties after reaching the age limit (dismise), shall remain unaffected; this shall also apply in the event of the change of the Dienstherrn In such cases, the remuneration shall be granted on the basis of the official and remuneration law applicable on the day before the entry into force of the law adopted pursuant to Article 72 (1), first sentence, in accordance with the obligation and pensions of the surviving dependment. The basic salary shall be based on the level of seniority which could have been achieved up to the date of the obligation to take effect. Article VII (1) (1) and (2) of the Second Law for the Unification and Reregulation of the Law of Remuneration in the Federal Republic of Germany and the Länder of 23 May 1975 (BGBl. 1173), as last amended by the Law on Budgetary Control of 18 December 1975 (BGBl I). 3091), the same applies. (2) Paragraph 1 shall not apply at the request of the professor. The application can only be made as long as the professor has not yet been paid. If the professor has died before the obligation to pay without a request under sentences 1 and 2, the survivors ' remuneration shall be calculated on the basis of the grade in which the professor was last qualified. (3) The Legal relationships of officials who have been paid or retired on the day before the entry into force of the law issued pursuant to Article 72 (1), first sentence, in accordance with Chapter I, Section V 3. The title of the civil service law framework law in the previous version and the surviving dependants of these civil servants at that time remain unaffected. (4) For those at the universities of the Bundeswehr in a private law Employment relationship professors who are excreted in their civil service as a full or associate professor in the Land sector and after the entry into force of this law, who are employed by the professors who are employed in the Take up an activity at a Bundeswehr University of Applied Sciences, the provisions of paragraphs 1 and 2 shall apply accordingly. In accordance with the second sentence of paragraph 1, the official and remuneration law applicable on the day of departure from the civil servant relationship shall be the official and salary level applicable as professors in the country. Unofficial table of contents

§ 76a Transitional provision for university assistants

The provisions of the Higher Education Framework Act, the Civil Service Law, the Federal Civil Service Act and the Federal Civil Service Act are applicable to the university assistants who are present at the time of entry into force of the law issued pursuant to Section 72 (1) sentence 2. Civil servants ' pensions act in the version valid until 22 November 1985.

Chapter 7
Amendment of federal laws, final provisions

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§ § 77 to 80 (omitted)

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§ 81 Contracts with the churches

The treaties with the churches are not affected by this law. Unofficial table of contents

Section 82

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Section 83

(Entry into force)