Article 91b of the Basic Law for the Federal Republic of Germany
Article 91b of the Basic Law of the Federal Republic of Germany (cooperation between the Federation and the Länder in promoting science, research and teaching) is an article in Section VIIIa (joint tasks, administrative cooperation) of the Basic Law of the Federal Republic of Germany . Articles 91a – 91d regulate the joint tasks of the Federation and the Länder .
Normalization
(1) On the basis of agreements, the federal government and the federal states can work together in cases of supra-regional importance in promoting science, research and teaching. Agreements that affect universities as a priority require the approval of all federal states. This does not apply to agreements on research buildings including large equipment.
(2) The Federation and the Länder can work together on the basis of agreements to determine the efficiency of the educational system in an international comparison and on related reports and recommendations.
(3) The payment of costs is regulated in the agreement.
Explanation
The norm regulates an exception to the constitutional principles of the separate, autonomous performance of tasks (Art. 30, 83 et seq. GG) and the separate, task-related burden-bearing (especially the principle of connectivity in Art. 104a (1) GG). According to Art. 91b (1) and (2) of the Basic Law, the federal government and the states can work together in certain areas of science promotion and education on the basis of agreements and thus perform a so-called joint task.
Art. 91b GG is a comparatively “political” constitutional provision, because its application requires, on the one hand, that the federal and state governments agree on cooperation in the scientific field; on the other hand, if a political agreement can be reached, the provision opens up great political leeway, because agreements that are reached between the federal government and all states within the scope of Article 91b of the Basic Law cannot be attacked by anyone (e.g. before the Federal Constitutional Court).
history
Art. 91b GG was most recently reformed by a constitutional amendment law of December 23, 2014. However, only the first paragraph of the standard was changed, while the other components remained unchanged.
Individual evidence
- ↑ Johanna Wolff, Der neue Art. 91b GG - Extended Cooperation in Scientific Federalism, DÖV 2015, p. 771.
- ↑ Johanna Wolff, Der neue Art. 91b GG - Extended Cooperation in Scientific Federalism, DÖV 2015, p. 771 ff.
- ↑ Johanna Wolff, Der neue Art. 91b GG - Extended Cooperation in Scientific Federalism, DÖV 2015, p. 771 (773 ff.).
