University Act Receives Judicial Review from Federal Constitutional Court - Higher Education Act judged by the Federal Constitutional Court
In a long-standing dispute that has been a point of contention for Humboldt University (HU), the Federal Constitutional Court is set to announce a decision on Thursday at 9:30 AM concerning the constitutionality of Paragraph 110 of the Berlin Higher Education Act.
The controversy revolves around Paragraph 110, which requires universities to offer permanent employment to some postdoctoral researchers (Postdocs) after the end of their fixed-term contracts. The HU filed a constitutional complaint in Karlsruhe against this provision, expressing concerns over legislative competence and the potential impact on academic freedom.
The Higher Education Act was reformed by the red-red-green state government and came into force in September 2021. Last fall, the Senate administration under Science Senator Ina Czyborra (SPD) announced that it would "refrain from the current regulation" due to constitutional concerns. This decision followed the resignation of Sabine Kunst, the former HU president, in protest.
The university has criticised the state of Berlin for exceeding its legislative competence in implementing Paragraph 110. The reform sparked heated debates, with many arguing that it could limit the university's autonomy and academic freedom.
In response to the ongoing dispute, the application of Paragraph 110 was temporarily suspended by the legislature in the following year. A transitional regulation has been extended several times, delaying its application until the present day.
A draft law by the Berlin CDU-SPD coalition is currently on the table, which aims to remove the provision for fixed-term contracts. However, the outcome of the Federal Constitutional Court's decision will likely have significant implications for the future of academic employment at Humboldt University and potentially other institutions across Germany.
It is important to note that, as of July 2025, no publicly available information or official court decision on this particular constitutional complaint has been documented in the sources provided or widely reported. For the latest updates, it would be advisable to consult the Federal Constitutional Court's official publications or Humboldt University's official communications.
Stay tuned for the Federal Constitutional Court's decision on Thursday, which is expected to bring clarity to this ongoing dispute and potentially set a precedent for academic employment regulations in higher education institutions across Germany.
After the Federal Constitutional Court's decision on Thursday at 9:30 AM, the future of academic employment regulations at Humboldt University and potentially other institutions nationwide may be significantly influenced. This decision, concerning the constitutionality of Paragraph 110 of the Berlin Higher Education Act, has been a topic of education-and-self-development and general-news debates, given the university's concerns over legislative competence and academic freedom.
