University place lawsuit
A university place lawsuit means in everyday language that an applicant who has been rejected by the university asserts a claim to enrollment in and out of court.
Such a procedure becomes relevant in the admission-restricted or numerus clausus subjects (such as human medicine, dentistry, veterinary medicine, pharmacy, etc.) in Germany, as more and more applicants for a university place from the Foundation for Higher Education Admission (SfH) or the university are notifying receive that they have been entered on a ranking list or that they are only allocated a study place after a waiting period.
basis
The study place lawsuit is based on the assertion that there are actually more study places at the university than is reflected in the official number of study places designated by the SfH or the university. The applicant can obtain an allocation of one of these free study places by submitting an application for non-capacity admission or after an objection to the negative admission notice, an urgent judicial procedure in preliminary legal protection (so-called interim order ) or a lawsuit before the competent administrative court (so-called. Capacity lawsuit ) is initiated. The universities are regularly condemned to set up additional study places because the possible capacities are not fully used. As a result, these new free study places will then be awarded among the plaintiffs in the study place suit. These additional study places are almost always raffled off (so-called lottery procedure ), less often among the plaintiffs or applicants based on the criteria of the SfH (high school graduation grade, waiting time, selection criteria of the university).
Action
Since the study place lawsuit is directed against the capacity calculations of the universities and not against the award procedure of the Foundation for University Admission, a plaintiff does not have to apply in the nationwide award procedure. There is also no need to wait for the SfH's rejection notice. Rather, the prerequisite for a study place suit is an application to the university directly for a study place outside the stipulated capacity. Only those who have submitted such an application in the correct form and in due time can submit an application for a temporary injunction to the competent administrative court. In principle, a lawyer is not required for this. What is difficult, however, is that different deadlines and formal requirements apply both in the individual federal states and from university to university , which in some federal states also require a normal application (to the Foundation for University Admission).
Furthermore, an appeal against the decision of the administrative court is given in the first instance (in the preliminary legal protection proceedings the appeal). In the second instance before the higher administrative courts / administrative courts, lawyers are required. In contrast to the first instance procedure, in which additional study places are allocated among all applicants, in the complaint procedure these are only allocated with reference to the respective legal presentation.
Chances of success
The chances of success in obtaining a place on the university through a university place suit depend on the number of university place claims filed (at several universities) and the number of applicants, among whom, if the university place suit is successful, the free capacities of the university will be raffled off.
costs
The costs for a study place lawsuit are made up of the court costs, the fees of the lawyers of the sued universities and the fees of your own lawyer. They cannot be quantified in general for the individual case.
