A recent ruling by Germany’s Federal Constitutional Court has declared certain provisions within Berlin’s Higher Education Act to be incompatible with the nation’s Basic Law. The decision, published on Thursday, stems from a constitutional complaint successfully brought by Humboldt University.
The university had challenged a regulation mandating Berlin’s higher education institutions to offer permanent employment contracts to doctoral researchers who have completed a qualification phase at the conclusion of their fixed-term contracts.
The Federal Constitutional Court determined that this particular regulation infringes upon the fundamental right to academic freedom. Furthermore, the court found the provision to be formally unconstitutional due to a lack of legislative competence at the state level (decision of June 25, 2025 – 1 BvR 368/22). The ruling marks a significant development impacting labor practices within Berlin’s academic sector and potentially reshaping future policy considerations regarding research staff contracts.
