Numerus clausus judgment
The numerus clausus judgment of the Federal Constitutional Court of July 18, 1972 ( BVerfGE 33, 303) is an essential part of the history of the central allocation of study places . The Federal Constitutional Court assumes that the basic right of freedom of occupation guaranteed in Article 12, Paragraph 1, Clause 1 of the Basic Law in conjunction with the general principle of equality and the welfare state principle results in a right to admission to university studies. It follows that absolute admission restrictions to the degree are only permitted under certain circumstances.
The main reason for this judgment was the very different admission regulations, e.g. multiple applications and double enrollments, for studying at a university . The resulting legal uncertainties were reprimanded by the Federal Constitutional Court and submitted with far-reaching amendments. His demand consisted of a nationwide distribution center for study places with uniform selection criteria, whereby the NC and thus the central allocation is only permitted in the event of actual “capacity bottlenecks”. The political consequences were u. a. the State Treaty on the Allocation of Study Places.
A second judgment followed on February 8, 1977: The "principle of exclusion of entire groups of suitable applicants through rigid demarcations with unacceptably high thresholds that can no longer be corrected through one's own efforts" must be avoided. Beyond the grade and waiting time, the verdict gave tests and internships relevance.
The Administrative Court of Gelsenkirchen has ruled in several resolutions that the current award procedure no longer meets these constitutional requirements. The Federal Constitutional Court contradicted this in its decision of September 6, 2012 (Az. 1 BvL 13/12): It is not evident that “the decision of February 8, 1977 (BVerfGE 43, 291) contains legal requirements from which a possible unconstitutionality of the current selection system follows. ”However, the standards control procedure was already inadmissible for lack of substantiated justification.
The BVFG ruled again on December 19, 2017: The existing regulations for admission to the coveted medical degree are partly not constitutional.
See also
Individual evidence
- ↑ NUMERUS CLAUSUS: Better to mix - DER SPIEGEL 8/1977. Retrieved June 4, 2020 .
- ↑ Decision of April 26, 2012, Az. 6 K 3656/11.
- ^ Resolution of the 2nd Chamber of the First Senate of September 6, 2012 - 1 BvL 13/12 ( online ).
- ↑ 1 Senate of the Federal Constitutional Court: Federal Constitutional Court - decisions - Federal and state legal provisions on the allocation of university places for the subject of human medicine are partially incompatible with the Basic Law. December 19, 2017, accessed June 4, 2020 .
