University Freedom Act

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Basic data
Title: University Freedom Act
Abbreviation: HFG
Type: State Law
Scope: North Rhine-Westphalia
Legal matter: University law
Issued on: October 31, 2006
( GV.NRW.p. 474)
Entry into force on: January 1, 2007
Please note the note on the applicable legal version.

The Higher Education Freedom Act (HFG) is an article law to reorganize the higher education system in North Rhine-Westphalia . The majority of the law consists of a new version of the State University Act of the federal state of North Rhine-Westphalia.

The HRA was passed on May 30, 2006 in the state cabinet of North Rhine-Westphalia and discussed on June 21, 2006 in the first reading in the state parliament. On August 24, 2006, an expert hearing took place in the state parliament. The law was finally passed on October 25, 2006 and came into force on January 1, 2007.

Content

The Higher Education Freedom Act revises the “Act on Universities of the State of North Rhine-Westphalia” of March 14, 2000, last amended by the Act of November 30, 2004.

It consists of four core areas:

  1. The universities become independent. So far they have had a dual nature as corporations under public law and at the same time state institutions; Accordingly, they did not perform part of their tasks in corporate self-administration, but in the name and on behalf of the state. According to Section 2, Paragraph 1 of the HG in the version of the HRA, they are only valid as self-governing bodies.
  2. This is accompanied by new and changed management bodies that carry out the newly won autonomy. New is u. a. the university council, which is largely made up of external persons (not belonging to the university).
  3. Another major change is that the universities were granted the authority to act as an employer in Section 2, Paragraph 3, Clause 2 of the HG . While previously, as is customary in other federal states, the state was the employer of the civil servants working at a university, the university itself can now have civil servants. In this context, Article 7 HRA transferred the previous staff, both civil servants and salaried employees, to the universities.
  4. The university receives more autonomy not only legally, but also professionally; technical supervision is reduced as far as possible, and the university also determines its specialist orientation.

Many of the paragraphs of the previous law are no longer required in order to reduce bureaucracy, but also because of the new personal responsibility.

Political discussion

Reasons of proponents

University autonomy

One of the main motives for this law (which is also reflected in the name) is to strengthen the autonomy and personal responsibility of universities. Proponents expect from this u. a .:

  • Universities can largely determine and shape their profile and orientation. You can choose and implement the best organizational form for you. You can act “entrepreneurially”.
  • Universities can be supported more and more efficiently by the economy. Donations and foundations can now be arranged directly and quickly with the universities.
  • Appointment of professors no longer needs to be approved by the ministry, which makes it easier for universities to find good professors.

University clinics in several federal states in Germany were transformed into institutions under public law .

Organization of the university

The change in the management bodies takes up suggestions from science and industry (e.g. the "10 demands" of the Center for University Development ).

What is expected is a leaner, more efficient organization that strengthens research and aligns teaching more closely with the interests of the “customers”, the students.

The introduction of new models of university management and control, such as presidia or university councils, had already taken place in other countries, such as Baden-Württemberg and Lower Saxony.

Arguments of the opponents

University autonomy

Opponents of the law are critical of the autonomy of universities. The universities' responsibility for themselves results in a compulsion to organize themselves according to the requirements of the economy. For example, the university professor Christoph Butterwegge argues : “The freedom that we are talking about really means market dependence. Instead of living up to their social responsibility, the universities will soon have to worry about the economic usability of their knowledge. "

Very clear criticism also comes from the parliamentary groups of the SPD and the Greens , as well as from the education and science union .

The transition from cameralistic housekeeping to global budgets has already put the North Rhine-Westphalian universities in a difficult position, as necessary major investments are no longer taken into account in the state's budget approach.

Since part of the public funds also depends on the third-party funds raised, this can create incentives to only conduct "main stream research", which diminishes the chances of survival so-called " orchid subjects".

Organization of the university

The introduction of the university council is sometimes sharply criticized. The State ASten Conference of North Rhine-Westphalia explains : “A supervisory board made up of a majority externally should now decide on the future of the university. There is no longer any intention to involve those affected, be they students or teachers. "

Individual evidence

  1. ^ Ministry for Innovation, Science, Research and Technology of the State of North Rhine-Westphalia: Higher Education Act NRW (HG), November 30, 2004
  2. ↑ Center for University Development : Ten CHE requirements for a university freedom law for North Rhine-Westphalia (PDF; 96 kB)
  3. ↑ Prof. Dr. Christoph Butterwegge : Pros and Cons: The University Freedom Act ( Memento from November 6, 2006 in the Internet Archive ), on: wdr.de, March 7, 2006
  4. ↑ Studis Online: NRW: Laws with beautiful titles and unsightly content , on: studis-online.de, January 25, 2006

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