Berlin University Act rejected: Freedom of science wins!

Berlin University Act rejected: Freedom of science wins!

Karlsruhe, Deutschland - Like a bang, the Federal Constitutional Court today, on July 10, 2025, declared a regulation in the Berlin University Act to be unconstitutional. The Berlin Senate can rely on a clear legal clarification of the first Senate, which affects the automatic connection commitment of temporary employment in science. The regulation stipulated that universities in successful qualifications by scientists: on the inside in fixed -term positions would have to automatically offer an indefinite job. However, this puts a massive intervention in the freedom of science, since the universities are taken away by the opportunity to determine independently about personnel decisions, as jmwiarda.de

The court found that this provision is not only unconstitutional, but is also outside the legislative competence of the State of Berlin. The Science Time Control Act (WisszeitVG) already regulates the framework conditions for temporary scientific employment, and the decision reaffirms that the federal government has the right of way here. The Humboldt University in Berlin had initiated the constitutional complaint, and the resignation of former President Sabine Kunst fell in this context. In her opinion, the paragraph was a restriction of academic freedom, so she submitted the lawsuit before she said goodbye.

An important step for freedom of science

The statements of the Federal Constitutional Court are clear: the freedom of scientific research also includes the choice and determination of the employment conditions for scientific staff. The regulation primarily affected settings that should be effective from January 1, 2026. Overall, the decision is an important signal for the universities, which now enjoy more freedom of design in personnel issues. The Berlin Senate has already announced that this regulation is initially suspended and is planning a comprehensive modernization of the University Act, such as bundesstüstasseungsgericht.de.

The current senator Ina Czyborra has also promised new categories for permanent positions in academic middle buildings. This could be the heart of future reforms in the university area. Nevertheless, there are mixed reactions to this development: While university lines are usually delighted with clarification, there is also criticism of the proposals at the employee level.

The discussion continues

The federal government did not stand up to the meantime. A reform of the Science Time Contracting Act until mid -2026 is on the agenda. The new Federal Minister of Research Dorothee Bär underlines the urgency to make career paths more attractive to young scientists. This political discussion could be given new impetus through the decision of the Federal Constitutional Court, since critics demand both from the federal government and the federal states to improve working conditions for young scientists: inside, as in a report of Spiegel.de is highlighted.

For science in Germany, this day could be the beginning of a fundamental change in employment policy. It remains exciting to observe how the landscape will develop in the coming months and whether the long overdue improvements for young scientists will finally be tackled.