Public Law Foundation (Germany)
In addition to corporations under public law and institutions under public law, foundations under public law in Germany constitute a type of organization of legal entities under public law . There are also foundations under private law .
While the demarcation from the corporation is characterized by the lack of members of a foundation, the demarcation from the establishment is controversial in the legal literature. In part, the foundation under public law is classified as a subcategory of the establishment under public law.
Public law foundations are established by the state by law or ordinance , in rare cases also by simple cabinet resolution. The foundation law of the German Civil Code does not apply to them. The state foundation laws of Baden-Württemberg , Bavaria , Hesse , Rhineland-Palatinate , Saxony , Saxony-Anhalt and Thuringia also apply to public law foundations. Otherwise, their legal relationships are based on their establishment act and their statutes under public law .
Public-law foundations have recently been set up without significant foundation assets, for example the Hamburg museum foundations or the numerous Berlin cultural foundations for museums , libraries , memorials and opera houses , e.g. B. the Berlin Philharmonic . In some federal states, universities have been transferred to public law foundations ( foundation universities ).
These foundations often only have tangible assets (real estate, works of art, media holdings, authentic properties) that do not generate any income such as interest , rents or leases (private-law foundations with comparable assets have little prospect of recognition). They therefore remain permanently dependent on government grants (so-called grant foundations). Since the budget has to be decided annually by parliament, there is no livelihood security for many public law foundations. Public law foundations can also be repealed at any time by law or ordinance.
List of federal foundations
The list contains foundations under public law that are set up by the federal government, at least partially supported or substantially financially supported.
|Surname||Foundation purpose||Founder / sponsor||Establishment date||Seat|
|Federal Foundation Mother and Child||Help for pregnant women in financial distress||Federation||July 15, 1984||Bonn|
|Federal foundation to come to terms with the SED dictatorship||Processing of the history and consequences of the SED dictatorship||Federation||June 5, 1998||Berlin|
|Contergan foundation for disabled people||Provide, promote and provide assistance to disabled people due to Contergan||Federation||Oct 31, 1972||Cologne|
|German foundation for engagement and honorary office||Strengthening and promoting civic engagement and voluntary work||Federation||26th Mar 2020||Neustrelitz|
|Fund to finance nuclear waste management||Financing of the costs for the safe disposal of the radioactive waste that has arisen and will still arise in the future from the commercial use of nuclear energy for the generation of electricity in Germany||Federation||June 16, 2017||Berlin|
|Classic Foundation Weimar||Maintenance, scientific research and communication of culture||Federal Government (BKM) , State of Thuringia , City of Weimar||Jan. 1, 2003||Weimar|
|Federal Cultural Foundation||Cultural promotion||Federation||21 Mar 2002||Halle (Saale)|
|Max Weber Foundation||Promotion of research in the history, cultural, economic and social sciences in selected countries and the mutual understanding between Germany and these countries||Federation||Jun 20, 2002||Bonn|
|Berlin Wall Foundation||Communicate the history of the wall and the escape from the GDR||State of Berlin, funded by the federal government||Sep 18 2008||Berlin|
|Foundation Memorial to the Murdered Jews of Europe||Remembrance of the National Socialist genocide against the Jews of Europe||Federation||May 25, 1999||Berlin|
|German Historical Museum Foundation||Presentation of the entire German history in its European context||Federation||Dec 21, 2008||Berlin|
|Remembrance, Responsibility and Future Foundation||Compensation for former Nazi forced laborers||Federation||Aug 2, 2000||Berlin|
|Foundation for Flight, Displacement, Reconciliation||Remembrance of expulsion in the 1st half of the 20th century||Federation||Dec 30, 2008||Berlin|
|Foundation for Former Political Prisoners||Providing assistance to former prisoners of war||Federation||Aug 6, 1955||Bonn|
|Berlin-Hohenschönhausen Memorial Foundation||Research on the place of detention at Hohenschönhausen and the political justice system in the GDR||State of Berlin and the federal government||July 1, 2000||Berlin|
|Foundation House of the History of the Federal Republic of Germany||Presentation of the history of the Federal Republic of Germany including the history of the GDR and imparting knowledge about it in an exhibition, documentation and information center ( )||Federation||7th Mar 1990||Bonn|
|Jewish Museum Berlin Foundation||Research and presentation of Jewish life in Berlin and Germany ()||Federation||Sep 1 2001||Berlin|
|Prussian Palaces and Gardens Foundation Berlin-Brandenburg||Maintenance, scientific research and communication of culture||Federal states of Berlin and Brandenburg , funded by the federal government||Jan. 1, 1995||Potsdam|
|Prussian Cultural Heritage Foundation||Preservation, care, addition and evaluation of Prussian cultural assets||Federal and State||Aug 6, 1957||Berlin|
|Topography of Terror Foundation - International Documentation and Encounter Center Berlin||convey historical experience of National Socialism||State of Berlin, funded by the federal government||Feb 28, 2005||Berlin|
The Homecoming Foundation was canceled on December 31, 2007. The seat was Bonn.
Politician Memorial Foundations
Furthermore, there are also political memorial foundations that were created as federal foundations by federal law in memory of outstanding statesmen in German history based on the model of the American presidential libraries. These are:
- Federal Chancellor Adenauer House Foundation in Rhöndorf
- Reich President Friedrich Ebert Memorial Foundation in Heidelberg
- Federal Chancellor Willy Brandt Foundation in Berlin
- Federal President Theodor Heuss House Foundation in Stuttgart
- Otto von Bismarck Foundation in Friedrichsruh
- Federal Chancellor Helmut Schmidt Foundation in Hamburg
When it comes to naming them, they are occasionally confused with the party-affiliated foundations . With the exception of the Friedrich Naumann Foundation for Freedom , these foundations are organized as a registered association .
State foundations under private law
The state can also set up foundations under private law, for example:
- Cultural Foundation of the Länder
- Federal Culture Foundation
- Federal Magnus Hirschfeld Foundation
- German Federal Foundation Environment
- German Consumer Protection Foundation
In some cases, private foundations were set up from the proceeds from the privatization of state holdings (for example the Volkswagen Foundation in 1961 from proceeds in connection with the privatization of VW or the German Federal Environment Foundation in 1989 from the proceeds from the sale of the federally owned Salzgitter AG). In some cases it is demanded that such state foundations must also be subject to the obligations of fundamental rights, while others emphasize the autonomy and independence of the foundations established in this way.
Church foundations under public law
Even ecclesiastical foundations can be organized under public law.
- BGBl. 2020 I p. 712
- BGBl. 2017 I p. 114
- Law establishing a Foundation for German Humanities Institutes Abroad, Bonn (DGIAG) of June 20, 2002 (Federal Law Gazette I, p. 2003), last amended by the law of March 29, 2017 (Federal Law Gazette I, p. 626).
- as an independent foundation
- Law on the establishment of a Federal Chancellor Helmut Schmidt Foundation of October 13, 2016 ( Federal Law Gazette I p. 2358 )