Web Site

Economy-point.org



» Economics » University right » Topics begins with U » University framework law


Page modified: Friday, June 23, 2006 20:32:37

The university framework law (HRG) is a Rahmengesetz issued for the regulation of the university nature in the Federal Republic of Germany. Since the culture and science sovereignty lie in Germany with the Lands of the Federal Republic, the federation may make 1 No. 1a GG use for 75 exp. only from its framework legislative competence to kind.

Base data
Shortened title:University framework law
Full title:ders.
Type:Federal law
Right subject:Administrative law
Range of validity:Federal Republic of Germany
Abbreviation:HRG
FNA:2211-3
Announcing day:26. January 1976 (BGBl. I 1976, P. 185)
Current version:31. December 2004 (BGBl. I 2004, P. 3835)

Only in exceptional cases the federation is justified to meet detail regulations.

Range of application

After "§ 1 HRG are covered by the university framework law all universities, educational universities, academies of art, professional schools and other mechanisms, which are after federal state law national universities. Other mechanisms can be included into the range of application after "§ 70 HRG only than university in the sense of the law, if they are comparable after the nature to national universities.

Regulation contents

Apart from the fundamental tasks of the universities also their legal status and the membership at the university are regulated as self-governing body shank.

Criticism on the part of the scientists

The university framework law is strongly criticized of the scientists concerned by a large number. The 12 yearly clause represents one main point of the criticism (with the medical profession 15 years). This mentioned that one may be employed only 12 years on limited contracts at the Universities of, universities, professional schools etc., afterwards on an unlimited place to work must.

This should be for the protection of busy humans, in order to prevent a lining up of many briefly limited work contracts (6 Monate-3 years). This was before usual practice, led however to the evasion of many laws of the industrial safety (protection against dismissal, maternity protection and parents time) and constant work and residence changes.

There however only the prohibition opposite the employees was expressed limited to work, it however almost exclusively limited places in the science world gives (except the rare and with difficulty attainable Professuren), places themselves this law as "“in fact a professional disqualification"” (Professor Dr. Ulrich Herbert) for highly-qualified and - humans specialized end of 30-Anfang 40 out (source).

This leads to increased moving away of the concerning abroad (Brain drain), so that innovations and research results develops there, for which the responsible persons in Germany were expensively trained.

Since also partial time contracts are included fully with the computation, this is of special importance for scientists, who step vocationally more briefly for establishment of family. Thus many decide against the establishment of family and children, or carry disadvantages off.

For these reasons the law is misogynically criticized also as family and.

Disputes

After "§ 27 exp. 4 HRG at least the first study should be free of charge (so-called "“study fee prohibition"”). This regulation became of the red-green Federal Government 2002 with the 6. HRG novella (6. imported. Numerous Lands of the Federal Republic see herein an offence against material constitutional law, as a Federal law intervenes in the sovereignty of the countries inadmissibly. Therefore abstract standard control before the Federal Constitutional Court found instead of (2 BvF 1/03). The Federal Constitutional Court allowed to standard control. The study fee prohibition is futile because of the legislative competence of the Lands of the Federal Republic.

Related links

The law in the wording:

  • Text of the HRG - version from 19 January 1999/26 January 2005. Source: BMBF.
  • Text of the HRG - version from 19 January 1999/27 December 2004. Source: Personnel council of the Humboldt university Berlin.
  • Text of the HRG - version from 19 January 1999/27 December 2004. Source: juris.de.
  • Text of the HRG - version from 19 January 1999/8 August 2002. Source: BMBF.

Further information:


Articles in category "University framework law"

We found here 3 articles.

U

» University framework law
» University law 2002
» University's building promotion law

Page cached: Wednesday, July 5, 2006 15:04:00
Valid XHTML 1.0!  Valid CSS!

Page copy protected against web site content infringement by Copyscape