Home calling

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A house appointment is the appointment of a university employee to the position of professor at the same college or university at which he has been permanently employed.

In the German Democratic Republic (GDR) , home calling was a common practice. In the Federal Republic of Germany , on the other hand, there is a so-called home appointment ban , which is not actually a ban, but rather more or less severe restrictions on the possibility of filling academic positions, especially professorships , with academics who already belong to the same institution; for example in Baden-Württemberg according to § 48 paragraph 2 sentences 3–5 of the LHG or in Brandenburg z. B. according to § 38 paragraph 3 BbgHG The aim of the restrictions is to prevent undue “academic patronage”, nepotism or unfair preferential treatment based on personal relationships when filling academic positions.

If this is proven not to be feared, a house applicant is also eligible in the appointment procedure based on his suitability, performance and ability, which is also to be checked by external experts: A general and unexceptional ban on house appointments would be against the constitution; it would be in contradiction to the principle of selection of the best and thus to Article 33, Paragraph 2 of the Basic Law . Private lecturers who only offer their free title teaching at a university are therefore usually not affected by the restrictions, at least de iure ; and junior professors can even expressly be appointed to their own university. The state law restrictions for domestic appointments were therefore provided with exception clauses with a view to Article 33, Paragraph 2 of the Basic Law, which are to be interpreted generously against the background of the Basic Law. In any case, competitor lawsuits from house applicants are not excluded. In fact, however, home appointments are very rare exceptions in Germany, as they are normally avoided even if they were legally possible: Most appointment commissions want to avoid the impression of nepotism.

In Austria there is no ban on internal appointments, and professorships are advertised in an open procedure (Section 98 University Act 2002 ), in which, at least formally, there are neither advantages nor disadvantages to already being employed at the university in question.

Individual evidence

  1. ↑ Karin Zachmann: Mobilization of women. Technology, gender and the cold war in the GDR . Campus Verlag, 2004. ISBN 3593376296 , also: Darmstadt, TU, habilitation thesis, [1]
  2. ↑ Hartmer / Detmer (ed.): Hochschulrecht - Ein Handbuch für die Praxis, 2nd edition, Heidelberg: Müller, 2011, p. 146.
  3. ↑ Law on the universities of the state of Brandenburg (Brandenburgisches Hochschulgesetz - BbgHG) of December 18, 2008.
  4. ↑ a b Wiltrud Christine Radau, German University Association (DHV) : Is a house appointment not permitted? In: Research and Teaching . February 6, 2018 .
  5. ↑ Archived copy ( Memento from April 15, 2015 in the Internet Archive )
  6. ^ BayVGH, decision of September 29, 2010 Az. 7 CE 10.1827
  7. ↑ Hartmer, Detmer (ed.): Hochschulrecht - Ein Handbuch für die Praxis, 2nd edition, Heidelberg: Müller, 2011, p. 146.
  8. ↑ Jan Fassbender, German University Association (DHV) : House appointment regulations in the federal government and in the states . In: Brief information . June 12, 2015 .
  9. ↑ Christian Fonk, Federal Association of University Teachers (hlb) : Internal appointment regulations in the federal states . In: Info sheet . June 28, 2018 .
  10. ^ BayVGH, decision of September 29, 2010 Az. 7 CE 10.1827
  11. ^ OVG Sachsen-Anhalt, decision of January 16, 2013 - Az 1 M 1/13
  12. ↑ http://www.landesrecht.sachsen-anhalt.de/jportal/?quelle=jlink&docid=MWRE130000475&psml=bssahprod.psml&max=true