Definition and Legal Basis of Academic Degrees
Academic degrees refer to titles used to denote a certain level of education in higher education. These degrees are awarded by universities upon completion of a structured and academically oriented course of study. In the German legal system, the handling of academic degrees is governed in detail to ensure the credibility and recognition of these qualifications both domestically and abroad.
Definition and Types of Academic Degrees
Academic degrees are formal qualifications awarded by a university upon successful completion of a particular study program. The most common academic degrees include the Bachelor, Master, Diplom degree, Magister, and Doctorate (Dr.). Higher degrees such as the Habilitation are also significant.
Classification by Degree Program
- Bachelor Degrees (e.g., Bachelor of Arts – B.A., Bachelor of Science – B.Sc.)
- Master Degrees (e.g., Master of Arts – M.A., Master of Science – M.Sc.)
- Diplom Degrees (e.g., Diplom-Ingenieur – Dipl.-Ing.; primarily at universities and higher education institutions until the Bologna reform)
- Magister Degrees (e.g., Magister Artium – M.A.; mainly in the humanities and social sciences)
- Doctoral Degrees (e.g., Doctor of Natural Sciences – Dr. rer. nat., Doctor of Medicine – Dr. med.)
- Habilitation Degrees (e.g., Privatdozent, Dr. habil.)
Statutory Regulations and Legal Bases
Award Regulations for Academic Degrees
The awarding of academic degrees is subject to the respective state higher education laws and the internal examination regulations of the institutions (§ 18 HRG – University Framework Act and respective state-specific higher education acts). The authority to award academic degrees is reserved exclusively for state or state-recognized universities. Awarding degrees by unrecognized educational institutions or private organizations is unlawful.
Use of Academic Degrees
The right to use an academic degree is exclusive to the person to whom the degree was duly awarded. The use of academic degrees is legally protected in Germany, especially by § 132a of the Criminal Code (StGB). Unauthorized use of academic degrees constitutes a criminal offense and may be punished by imprisonment or a fine.
Incorrect or abusive use of academic degrees impairs the integrity of the academic system and is therefore subject to sanctions.
Usage and Designation
Academic degrees may generally be used in the form in which they were awarded. Translations or adaptations, such as into German or English, are only permitted to the extent provided for under the respective state laws or examination and doctoral regulations. The exact spelling – for example, including “Dr.” as a part of the name – is also governed by law.
It should be noted that academic degrees are not part of the official name in Germany, but may be included in identity documents or passports upon request, provided that the state law of the issuing federal state allows for it.
Recognition of Foreign Academic Degrees
The recognition and use of foreign academic degrees is subject to special regulations. As a general rule, foreign academic degrees may only be used if they have been awarded by a recognized foreign university under its national law, and if the responsible authorities in the country of origin recognize the university as authorized. The use of foreign degrees must be either in the original form or – where legally permitted – in a translated version with an indication of origin.
The Central Office for Foreign Education (ZAB) provides binding recommendations for the evaluation and usage of foreign university degrees. Violations of these requirements result in loss of the right to use the degree and may be legally prosecuted either criminally or administratively.
Protection Under Criminal Law
The Criminal Code especially protects academic degrees through § 132a StGB (“Abuse of titles, professional designations and badges”).
- Elements of the Offense: Unauthorized use or issuance of an academic degree or title without corresponding authorization
- Legal Consequences: Range of penalties from imprisonment of up to one year or a fine
- Legal Interests: Protection of the public against deception, protection of academic standards and the integrity of the education system
Abuse exists, for example, if a foreign title is not legitimately recognized or a domestic degree is used without successful completion.
Administrative Law Aspects and Procedures
Award Procedure
Academic degrees are certified by the competent university on application after passing all required examinations and, where applicable, fulfilling additional requirements (e.g., doctorate). The issuance of the certificate is an administrative act subject to specific formal requirements. In the case of fraud (e.g., plagiarism), the academic degree may be subsequently revoked.
Revocation of Academic Degrees
An academic degree may be revoked pursuant to the respective state higher education law if it is subsequently found that it was obtained by deception, error, or unauthorized means. Revocation is a formal administrative procedure that guarantees rights of participation and may be challenged by legal remedies.
Summary Assessment
Academic degrees are legally protected attestations of having obtained an academic education and specific qualifications. Their acquisition, use, and recognition are comprehensively regulated in Germany to guarantee legal certainty and protect the integrity of the education system. Violations of these regulations are subject to criminal penalties to reflect the high significance of academic qualifications in the societal and professional context.
The complex legal provisions ensure, on the one hand, the equivalence of academic degrees within Germany as well as increasingly in the European and international context, and, on the other hand, provide protection against misuse and unauthorized use of titles.
Frequently Asked Questions
Who is entitled to use an academic degree?
The right to use an academic degree in Germany is governed by law and depends on the successful completion of the relevant university degree program through which the degree was awarded. Such awards are made exclusively by state-recognized universities or universities of applied sciences based on the relevant higher education laws of the federal states. Degree certificates play a central evidentiary role in this regard. A degree obtained abroad may only be used under certain conditions: It requires formal recognition or approval by the relevant state authority, which generally presupposes that the foreign qualification is comparable to a German university degree. Use without the appropriate authorization or use of non-existent degrees is a criminal offense and may result in legal consequences such as fines.
What are the legal requirements for the abbreviation and spelling of academic degrees?
Academic degrees must be used in the form granted by the university, including all official additions (e.g., “Dr. phil.”, “B.Sc.” or “Dipl.-Ing. (FH)”). Deviations from the exact awarded designation are not legally permissible. State higher education laws and specific regulations, such as the law on titles, orders, and decorations (Abbreviation Act), govern the permitted abbreviations. For foreign degrees, any legally required additions such as the home university or the country of origin must also be provided. Unauthorized translation, extension, or alteration of the awarded degree is prohibited and may be regarded as an administrative offense or, in the worst case, as forgery of documents.
What is the legal situation regarding the “Dr. h.c.” and other honorary degrees?
The honorary doctorate “Dr. h.c.” (doctor honoris causa) as well as other honorary degrees do not entitle the holder to use the regular doctoral title without modification. The legal basis for this is derived from the university laws of the federal states and various administrative regulations. A “Dr. h.c.” may only be used with the complete addition (e.g., “Dr. h.c.”, “Dr. E. h.”) and without changing the name. Omitting the honorary designation is legally prohibited and constitutes unlawful assumption of a title, which is subject to criminal penalties. The honorary title is not usually entered in personal documents.
What sanctions apply for the unlawful use of academic degrees?
Unauthorized use of academic degrees is subject to criminal sanctions in Germany pursuant to § 132a of the Criminal Code (StGB). Such conduct is either an administrative offense or even a criminal act, depending on the severity of the offense. In addition to criminal consequences (such as imprisonment or a fine), professional measures may be imposed, such as disciplinary proceedings in the public sector or the revocation of professional licenses. Furthermore, intentional forgery of certificates and documents may entail additional criminal consequences. Any use of a degree not lawfully acquired, for example in business correspondence, on business cards, or in job applications, will be prosecuted by the authorities.
Can academic degrees become part of the name?
Under German name law, academic degrees are generally not an official part of the name, but are considered as name affixes. They are therefore not part of the civil family name, but are added to the name for legal transactions, either as a prefix or suffix. Only the doctoral degree may be entered as an addition in official documents such as identification cards or passports; other academic degrees may not. Entry, however, is a voluntary option and not mandatory. There is no entitlement to a change of name by adding an academic degree.
How are foreign academic degrees recognized in Germany?
Use of academic degrees obtained abroad is only permitted in Germany if the degree is used in accordance with the country-specific recognition rules. The legal provisions are based on the respective resolutions of the Standing Conference of the Ministers of Education (KMK) and the higher education laws of the federal states. In many cases, it is stipulated that foreign degrees are to be used in their original form, including the awarding university and/or country (e.g., “PhD (University of London)”). Verification by the certificate recognition office or the relevant state ministry is often required to determine equivalence with German degrees. Unauthorized ‘translation’ of the degree into German is not permitted.
What is the relevance of academic degrees in professional contexts and what is the legal framework?
In a professional context, academic degrees are important evidence of qualifications and may be used in communication (email, letterhead, business cards). Using a degree is only permitted if it was lawfully obtained and may be lawfully held. Violations of these rules — especially the use of degrees to which one is not entitled — may result in employment law consequences up to and including termination. Employers are entitled to require proof of the authorization to use an academic degree. The use of titles is also expressly regulated and monitored with regard to admission to certain professions (for example, in the academic health professions).
