Prohibition of cooperation

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The ban on cooperation is a political buzzword in education policy in Germany . It pointedly describes the constitutional regulation that the federal government may not exert any influence on the school policy of the states, especially not through the financing of educational measures.

background

Education falls under the cultural sovereignty of the states because of Article 30 of the Basic Law . The background to this is that after the experience with the central education administration in Germany up to 1945, the creators of the Basic Law and the Federal Republic wanted to make it more difficult to abuse the education system with significantly more people and administrations involved. However, the federal government has historically been able to influence education policy through financial subsidies. For example, For example, the Red-Green Federal Government is expanding all-day schools with the “ Future Education and Care Investment Program ” with € 4 billion between 2003 and 2009.

In order to unbundle the dependencies between the federal government and the federal states, after lengthy discussions in 2006 the Bundestag passed the federalism reform in 2006 with a two-thirds majority, i.e. also with the votes of the Union and the SPD . While the Union parties demanded a consistent separation of tasks also in the field of education (which would have meant a complete withdrawal of the federal government from this area), significant parts of the SPD spoke out against such a "cooperation ban".

A compromise was found in the reform of federalism. Article 91b of the Basic Law now continued to allow federal-state cooperation in the field of research funding with the "consent of all states". In the school sector, the compromise formulation was: "On the basis of agreements to determine the performance of the educational system in an international comparison and on related reports and recommendations."

Further discussion

Since the federal government has far greater resources at its disposal than the federal states and most of the federal parliamentary parties are happy to take up educational issues for their election campaigns, various parties regularly demand that the federal government be able to participate in educational matters.

In December 2015, the parliamentary group Die Linke requested the federal government to submit a draft law to amend the Basic Law, which would lift the ban on cooperation between the federal government and the federal states in education. In November 2017, Die Linke submitted a similar motion to lift the ban on cooperation in the Bundestag.

In August 2017, the SPD chairman and then chancellor candidate Martin Schulz called for a key issue in his federal election campaign to fundamentally lift the previously applicable ban on cooperation. He received support for this from the SPD-led federal states.

The FDP is also calling for changes to the ban on cooperation in education policy in favor of the federal government. In November 2017, FDP chairman Christian Lindner expressed regret that he was unable to enforce this in the exploratory talks between the Union, Greens and FDP about the formation of a federal government.

The Greens in the Bundestag spoke out against the cooperation ban in 2006. In November 2017, Kai Gehring, Member of the Green Party, confirmed this position in a speech. Winfried Kretschmann , the Green Prime Minister of Baden-Württemberg, spoke out in May 2017 in favor of maintaining the cooperation ban. Instead, the federal government should give the states more funds for education without being given a say in their education policy.

At the debate in the Bundestag on the abolition of the ban on cooperation, triggered by the motion of the left-wing faction, on November 22, 2017, representatives of Die Linke, SPD, FDP and Greens spoke out in favor of abolition, those of the CDU and AfD against.

Digital Pact School

As part of the digital school pact, the federal government plans to spend billions on digital technology such as tablets and WiFi for schools from 2019. In addition, the federal government wants to pay billions in future for housing and local transport. Since this is a state matter, the Bundestag voted at the end of November 2018 with the consent of all parliamentary groups except the AfD for an amendment to Articles 104c, 104d, 125c and 143e of the Basic Law. On March 15, 2019, the Federal Council unanimously approved the amendment to the Basic Law in its 975th meeting.

Press

See also

Individual evidence

  1. Yearbook for Public Finances 2013, ISBN 9783830509202 , p. 431, online
  2. Why education in Germany is a matter of the state
  3. Future education and care on the side of the Federal Ministry of Education
  4. z. B. SPON: "The ban on cooperation is off the table", online
  5. Synopsis of the new and old formulation in Article 91b
  6. deutschlandfunk.de May 29, 2012: The ban on cooperation - stumbling block on the way to becoming an educational republic
  7. NRW School Minister: The prohibition of cooperation bothers and inhibits
  8. ^ Annette Rollmann: German Bundestag - Left: Lift the prohibition of cooperation, application - 04.12.2015 . ( bundestag.de [accessed December 15, 2017]).
  9. ^ Annette Rollmann: German Bundestag - Left wants to lift the ban on cooperation, application - 10.11.2017 . ( bundestag.de [accessed December 15, 2017]).
  10. ^ Education campaign topic: This is what Martin Schulz wants for Germany's pupils and students . In: Spiegel Online . August 28, 2017 ( spiegel.de [accessed December 15, 2017]).
  11. FAZ.net: Lindner: We felt humiliated , November 21, 2017
  12. Bundestag faction Bündnis 90 / Die Grünen: Lift the ban on cooperation in education . November 22, 2017 ( gruene-bundestag.de [accessed December 15, 2017]).
  13. GEW - The Education Union: Kretschmann adheres to the prohibition of cooperation . December 14, 2017 ( gew.de [accessed December 15, 2017]).
  14. Annette Rollmann: Majority wants abolition: Bundestag debates a ban on cooperation. In: The Parliament. November 27, 2017. Retrieved December 15, 2017 .
  15. Bundesrat.de: Selected items on the agenda of the 975th meeting on March 15, 2019. In: Federal Council website. Retrieved May 6, 2019 .