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.
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.
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.
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.
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.
The law in the wording:
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