
The Federal Government and the Länder have reached an accord regarding the way in which the modernization of the federal system, which was decided in the coalition agreement, should be realized. On 7 July 2006, the Bundesrat approved the legislative package that had been decided by the Bundestag on 30 June 2006. The new model of cooperation between the Federal Government and the Länder in the area of education is now taking shape. On 28 February 2007, the education ministers of the Federal Government and the Länder discussed the new joint task "Determining the Performance of the German Education System in Comparison with Other Countries".
On 30 June 2006, the German Bundestag passed the Federalism Reform. The Bundesrat approved this reform on 7 July 2006. It sets out clear responsibilities in the area of education, science and research policy and provides a good basis for constructive dialogue between the Federal Government and the Länder.
The decisions were based on the draft amendment to the Basic Law (Bundestag printed paper 16/813) and the draft of the Concomitant Act on the Federalism Reform (Bundestag printed paper 16/814), in the version proposed by the Committee on Legal Affairs (see Bundesrat printed papers 462/06 and 463/06). The explanatory memorandum on the draft legislation was supplemented by a motion for resolution proposed by the CDU/CSU and SPD parliamentary groups (Bundestag printed paper 16/2052). The amendment to the Basic Law came into effect in September 2006, after the promulgation of the Law Amending the Basic Law and the Concomitant Act on the Federalism Reform.
The consequences resulting from the amendment to Article 91b of the Basic Law are currently being discussed in Federal Government/Länder working groups and will subsequently be implemented at an organizational level.
In detail, the implications of the Federalism Reform in the area of education and research are as follows:
After the reform, the Federal Government and the Länder will continue to have the option of cooperating when it comes to funding research projects of more than just regional importance. In addition, the Federal Government will be able to fund projects independently. The Federal Government has set aside significant resources for research and development: an additional six billion euros for the current legislative period.
For example, the Federal Government and the Länder can continue to support non-university institutions such as the Helmholtz Association of German Research Centres (HGF), the Fraunhofer Society (FhG), the Max Planck Society (MPG), the Leibniz Association (WGL) and the German Research Association (DFG).
Within the university and science system, the funding of research will continue to be a central task. The new joint task on science and research projects at universities will make it possible to fund university teaching, too. This is in recognition of the fact that research and teaching at universities are two sides of a single coin. A key challenge, which can only be tackled jointly by the Federal Government and the Länder, is the increase in student numbers. According to current estimates, there will be 2.4 million university students in 2013. After the science ministers at federal and Länder level agreed on the key factors in forming a Higher Education Pact 2020, the heads of the Federal and Länder governments have given their approval. The agreement on the subject should be ready to be signed by June 2007. The Federalism Reform will enable the Higher Education Pact to be built on a clear constitutional basis.
Universities themselves hold the key to excellence: they must adapt their structures to meet the needs of the times and undergo any necessary changes. The Federalism Reform sets a clear signal in this process, releasing universities from the state's detailed control and granting them more autonomy. Now that the Federal Government's right to pass framework legislation has been abolished, the Länder are called upon to take advantage of their new scope for change. The Federal Government will retain its power to pass framework legislation in the areas of university admissions and academic degrees. However, since the allocation of university places is currently unified and transparent and degrees are comparable, the Federal Government is in a position to fully abolish the Framework Act for Higher Education and thus refrain from using its power to pass legislation in these areas.
In the future, the Länder will be responsible for building universities. This is part of the government's efforts to simplify and deregulate the system. The procedure according to existing legislation on the joint task "Extension and Construction of Institutions of Higher Education", which has been criticized increasingly, will be removed. In order to enable the Länder to fulfil their added responsibilities, which is a matter of high priority for the universities, they will receive over 695 million euros p.a. starting in 2007 to be invested in the expansion and construction of universities. As part of the - now extended - joint responsibility for research funding in accordance with article 91 b of the Basic Law, the Federal Government will supply an additional 298 million euros p.a. from 2007 onwards for university funding measures of more than just regional importance. This will enable the Federal Government to use a system of competition to encourage and co-finance innovative projects that excel at a national level.
In the past, school policy was the responsibility of the Länder, and this will remain unchanged. The joint task "Education Planning", which has not been realized as envisaged anyway, will be terminated and replaced by more effective instruments of policy control. The new joint task consists of three elements - "Determining the Performance of the German Education System in Comparison with Other Countries", "Reporting on Education" and "Joint Recommendations". In future, the Federal Government and the Länder will be able to improve the basic conditions for a results-based comparability of our educational institutions and to agree upon joint strategic goals for the improvement of the education and science system. In this context, the Federal Government will also step up its efforts in education research.
The core competencies of the Federal Government in the area of education policy, including vocational training, continuing vocational training, and training assistance, will remain unchanged after the Federalism Reform
Another area that will remain unaffected is the government's support of measures taken by organizations for the promotion of the gifted, the German Academic Exchange Service (DAAD), the Alexander von Humboldt Foundation, and similar institutions.
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