Compulsory Deregistration – Legal Foundations, Procedure, and Consequences
Die Compulsory Deregistration refers to the exclusion of a student from the group of enrolled students ordered by the university ex officio. This legal process occurs regardless of the will of the affected individual and represents a far-reaching measure in higher education law. Compulsory deregistration is also known as ‘deregistration by official order’ and must be distinguished from voluntary deregistration, where the student themselves applies for termination of student status.
Legal Grounds for Compulsory Deregistration
Higher Education Acts of the Federal States
The legal bases for compulsory deregistration are primarily found in the Higher Education Acts of the individual federal states. These laws comprehensively regulate under which conditions and in what procedure compulsory deregistration may occur. Specific provisions vary depending on the federal state but share fundamental similarities.
Typical regulations provide that a student may or must be deregistered ex officio if certain statutory requirements are met. These requirements include, among others, passing the final examination, repeated failure of mandatory examinations, proven false statements during enrollment or re-registration, as well as failure to re-register or pay semester contributions.
§ 62 Higher Education Framework Act (HRG) – Federal Legal Framework
Das Higher Education Framework Act (HRG) with § 62 provides a federal legal framework for deregistration and restricts the legislative scope of state-specific university acts. The HRG stipulates in particular that student status ends when the requirements for enrollment cease to exist or essential student obligations are not fulfilled.
Reasons for Compulsory Deregistration
Loss of Admission Requirements
A common reason is the Loss of Admission Requirements, for example due to violations of enrollment requirements or upon the discovery of deception or false statements at a later date.
Failure to Pass Exams
Das definitive failure of examinations – especially final or repeat examinations – regularly leads to compulsory deregistration. The examination entitlement lapses, so that studies at the respective university can no longer be continued.
Non-fulfillment of Administrative Obligations
Compulsory deregistration also occurs when the student fails to meet administrative obligations, for example due to non-payment of the semester fee, failure to re-register for the following semester or failure to provide required certificates (e.g., proof of health insurance).
Other Reasons
In addition, specific violations, such as serious breaches of university internal regulations, disciplinary measures, or incompatibilities with residence law provisions (for international students), may lead to compulsory deregistration.
Legal Procedure for Compulsory Deregistration
Hearing and Administrative Procedure
Compulsory deregistration is generally carried out within the framework of an administrative law procedure . The university is obliged to grant the affected student a right to be heard before issuing the deregistration notice (§ 28 Administrative Procedure Act). The student is usually given a hearing or the opportunity to make a statement in order to raise any objections.
Issuance and Form of the Deregistration Notice
The deregistration notice is issued as an administrative act and must be in writing. The notice contains a justification, the legal basis, as well as information on legal remedies indicating how and within what period the affected person may contest the deregistration.
Legal Remedies and Legal Consequences
The compulsory deregistration can be challenged by the affected student through objection and, if applicable, legal action before the administrative court . In particular, the time limits must be observed, which are generally specified in the legal remedies instruction attached (usually one month from notification). As a rule, an objection does not have a suspensive effect; the deregistration takes effect immediately unless a suspension of execution is requested and granted.
Legal Consequences and Effects of Compulsory Deregistration
Loss of Student Status
Once compulsory deregistration takes effect, the affected person loses all rights and obligations arising from their student status. This especially concerns the use of university facilities, participation in courses, and student discounts (e.g., semester ticket, health insurance as a student).
Effects on Examination Rights and Examination Law
With compulsory deregistration, the entitlement to further exams as well as to examination and course achievements in the affected program regularly lapses. In exceptional cases, for example, to repeat failed exams, statutory transitional and hardship rules may apply.
Effects on the Residence Permit
For international students, compulsory deregistration can result in far-reaching consequences under residence law , as the residence permit is often directly tied to the existence of student status.
Recognition and Continuation of Studies at Other Universities
In many cases, compulsory deregistration for the relevant program excludes re-enrollment at another university, especially if it was due to definitive failure. However, continuing studies in another program or at a university in another federal state may be possible in individual cases if the deregistration does not have cross-program effect.
Legal Protection Options
Objection and Court Proceedings
Students have the option to file legal remedies against compulsory deregistration. The objection to the deregistration notice must be filed with the university that issued the notice. If the objection is not granted, there is the possibility to file a lawsuit with the competent administrative court.
Interim Legal Protection
If serious disadvantages are imminent, an application for Interim Legal Protection under § 80 (5) Administrative Court Procedure Act (VwGO) can be filed in order to restore the suspensive effect of the objection.
Conclusion
Compulsory deregistration is a legal measure with significant consequences for affected students. Its preconditions, procedure, and legal effects are set out in detail in the higher education acts of the federal states. Affected students should pay careful attention to the legal bases, procedure, and possibilities for legal protection in order to safeguard their rights in connection with compulsory deregistration.
Further Topics:
- Deregistration
- Administrative Procedures in Higher Education Law
- Examination Law and Appeals
- Administrative Procedure at Universities
Frequently Asked Questions
What legal requirements must be met for compulsory deregistration?
Compulsory deregistration is only fundamentally regulated at the federal level through the Higher Education Framework Act. However, its concrete implementation is mainly determined by the university laws of the federal states as well as the respective examination, enrollment, and study regulations of the individual universities. The most common legal grounds include definitive non-passing of a mandatory examination (e.g., bachelor’s, master’s, intermediate, or state exam), failure to re-register in time, lack of proof of health insurance, or serious violations of university regulations (for example, through fraud or violence). In any case, the university must inform the student in advance about the upcoming procedure and grant them a hearing to comply with the constitutional requirement of the right to be heard (Art. 103 para. 1 Basic Law). Furthermore, compulsory deregistration must always be preceded by a written, individually justified notice.
What legal options do students have to defend themselves against compulsory deregistration?
Students can file an objection to the deregistration notice with the university within the period specified in the notice (usually one month). In some federal states, such an objection has a suspensive effect, so that deregistration does not take effect for the time being. If the university rejects the objection, there is the possibility to file a lawsuit with the competent administrative court within one month. Legally, it is also recommended to submit an application for an order restoring the suspensive effect of the lawsuit if the university has ordered immediate execution of the deregistration. Legal counsel is highly recommended, since administrative procedural law and the detailed regulations of higher education law are complex.
Is there a statutory deadline for notification of compulsory deregistration?
According to state and university-internal regulations, there is generally an obligation to deliver a deregistration notice ‘without undue delay’, i.e., without culpable hesitation, after the occurrence of the deregistration reason. The specific deadline may be specified in the respective university regulations, and is often only a few days. Delayed notification may affect the legality of the deregistration, especially if the student suffers legal disadvantages due to the delay. In any case, the affected person must be given sufficient opportunity to submit a statement.
May universities stipulate their own grounds for compulsory deregistration?
Universities are bound by legal requirements within the scope of laws and regulations, in particular the respective state higher education act, and may only apply the grounds for compulsory deregistration provided therein. Unauthorized extension of reasons for deregistration in university-internal regulations is generally inadmissible and can be subject to judicial review in legal remedy proceedings. The most common legally recognized grounds are definitive non-passing of an exam, non-payment of fees, missing re-registration, or serious disciplinary breaches.
What effects does compulsory deregistration have on the student’s legal status?
With receipt of the effective deregistration notice, membership at the university ends formally, along with all associated rights and obligations. This concerns in particular the right to attend courses and exams, to claim student ID benefits, or to receive BaFöG. The obligation to register with the residents’ registration office (for international students with the immigration authority) also changes; the right of residence may be affected if student status is lost. A court success against the deregistration can retroactively restore student status.
Can compulsory deregistration be reversed?
Yes, under certain legal conditions, compulsory deregistration can be revoked. This is possible if, during the objection or court proceedings, it is determined that formal errors (e.g., failure to hear the student, insufficient reasoning) or substantive errors (e.g., incorrect assessment of an exam, faulty application of the law) occurred. In rarer cases, the university may grant re-enrollment based on a justified request, particularly when the deregistration reason is subsequently eliminated or remedied (e.g., payment of fees afterward). However, there is no general legal entitlement; each case must be examined individually.
What are the information and hearing rights of students in the compulsory deregistration procedure?
Administrative procedural law obliges universities to formally hear those affected before issuing burdensome administrative acts such as compulsory deregistration (§ 28 VwVfG or the respective state equivalents). Students have the right to inspect all documents relevant to the decision, to be informed about planned decisions and their reasons, and to submit their own statements and evidence. If the university fails to comply with these obligations, this constitutes a significant procedural error, which makes the deregistration notice contestable.
