On 1 September 2006, two laws regarding the federalism reform took effect. The following information outlines the impact of the amendments on the legal framework conditions for science and research in Germany.

The federal government’s legislative competence in the area of higher education legislation

Previously, the federal government had the competence to enact higher education framework legislation. The Framework Act for Higher Education (Hochschulrahmengesetz, HRG) was created on that basis, enabling the federal government to establish the general requirements for the formulation of the respective state laws for higher education. The degree of detail of such federal requirements was the subject of numerous debates, which – for example regarding the issue of junior professorships – had to be decided by the Federal Constitutional Court.

will apply to higher education admission and university degrees only

In the future, the federal government’s competence will be restricted to establishing some rules regarding “higher education admission” and “university degrees” (Section 74 subsection 1 no. 33 of the German Constitution (Grundgesetz, GG). To that extent, Federal Council approval will not be required. The states may enact regulations that are contrary to the relevant federal laws (Section 72 subsection 2 sentence 3 GG). In the future, all other areas of higher education legislation, such as the tasks and structure of universities and university staff, will be the prerogative of the states’ legislative competence.

However, for the time being, the existing laws (HRG and state laws for higher education) will continue to be in effect

For the time being, the currently applicable legal regulations regarding higher education in the HRG and in the state laws for higher education will continue to be in effect. Until the federal government has availed itself of its legislative competence in matters of higher education admission and university degrees, the HRG and the state laws for higher education based on the HRG will continue to be in force. Only from 1 August 2008 onwards will the states be able in any event, i.e. irrespective of the federal government’s legislative activities, to enact higher education laws contrary to the HRG (Section 125 b subsection 1 GG).

Law governing fixed-term appointments will continue to be regulated by the federal government

The provisions regarding time limitations in Section 57 a et seq. HRG were taken out of the HRG and included in a different statute, the Academic Fixed-Term Contract Law (Gesetz über befristete Arbeitsverträge in der Wissenschaft, WissZeitVG). Two essential areas were expanded. First, the new law now creates a legally secure basis for awarding fixed-term contracts to employees receiving third-party funding even after expiration of the applicable maximum fixed-term contract period of 12 years (15 years in the field of medicine). Second, the law extends the qualification phase by two years for each minor (either one’s own child or an adopted child) looked after in the household of a scientist or academic. The DFG welcomes the new amendments and hopes that the university administrators will make use of the opportunities created by the WissZeitVG.

Professors’ salaries to be decided on by the states

Once the federalism reform has entered into force, the federal government will be responsible only for regulating status rights and duties of state officials (establishment and termination of civil service relationships, delegations and transfers of officials among states, etc.). Salaries and benefits of state officials, on the other hand, will be determined by the states only. Accordingly, in addition to the options already existing under the W-scale for the remuneration of university teachers, the states will be able to regulate salaries and benefits of university teachers that deviate from the regulations by the federal government or other states. However, current salary or benefit commitments will not be affected and cannot be reduced.

Joint research funding by the federal government and states will continue

The joint task of research funding will continue (Section 91 b GG). Accordingly, the Max Planck Society, the Fraunhofer Society, the institutes of the Leibniz Association and the DFG will continue to receive joint funding from the federal government and the states.

Financial assistance by the federal government to the states

Contrary to original plans, the adopted amendments still provide the federal government with an option to contribute to the funding of university teaching; Section 91 b no. 2 GG now provides for the “promotion of scientific projects ... at universities” as an additional joint task. Since the term “science” also includes teaching, it will be possible to base programmes such as the planned higher education pact on this provision. However, any relevant funding projects will require the approval of all states.

Changes to the joint tasks of “university construction” and “scientific instrumentation funding”

University construction and scientific instrumentation funding, which previously had been included in Section 91 a GG, was removed. The University Construction Act (Hochschulbauförderungsgesetz, HBFG) will expire on 31 December 2006. However, it will still be possible for the federal government and the states to fund university construction and scientific instrumentation for research purposes (Section 91 b subsection 1 no. 3 GG), but the federal government’s share in funding university construction and scientific instrumentation should not exceed 30% of the previously expended funds. The criteria for differentiating between pure research facilities and other university buildings are yet to be established. Once the federalism reform has entered into force, the general construction and expansion of universities and university hospitals will be the sole responsibility of the states. For this, until 2019, the states will receive compensation payments from the federal budget (Section 143 c GG). These compensation payments will be earmarked until 2013, and the amount will be determined based on the relevant state’s average share in the federal government’s university construction funding between 2000 and 2003. The amount of compensation payments for the years 2013 through 2019 has not been determined yet; the earmarking of such funds will end as of 1 January 2014.

September 2006