Definition and legal classification of the Diplom degree
Der Diplom degree is an academic degree awarded to university graduates upon successful completion of a diploma program in certain fields and countries. It is one of the protected academic titles and is subject to a wide range of legal regulations in Germany, which govern the awarding, use, and recognition of diplomas earned both nationally and internationally.
Legal foundations of the Diplom degree in Germany
History and origin of the Diplom degree
The Diplom degree was first awarded in Germany at the end of the 19th century and became established over the course of the 20th century as an academic qualification, particularly in engineering and natural sciences as well as in parts of economics and social sciences. Since the Bologna Reform (1999), new diploma programs are no longer introduced in Germany, but existing degrees are retained and remain a significant component of the German higher education system.
Awarding and protection of the Diplom degree
Die Awarding of the Diplom degree is carried out by officially recognized universities that offer the corresponding accredited programs. The legal basis for the awarding is provided by state university laws as well as the respective university examination regulations. The degree is awarded in a subject-specific form, for example as Diplom-Ingenieur (Dipl.-Ing.), Diplom-Kaufmann (Dipl.-Kfm.), Diplom-Sozialpädagoge (Dipl.-Soz.Päd.) or Diplom-Biologe (Dipl.-Biol.).
Protection against unauthorized use
The Diplom degree is protected by name law (§ 132a German Criminal Code [StGB] – Misuse of titles, professional designations, and badges). Anyone who unlawfully uses a Diplom degree is liable to prosecution. Lawful use requires the successful completion of the corresponding diploma program and the formal conferment of the diploma by the university.
Use of foreign Diplom degrees
Due to globalization, the use of foreign academic degrees is becoming increasingly significant. According to § 37 Framework Act for Higher Education (HRG) in conjunction with the state-specific higher education laws and the “Recognition and Evaluation Regulation – Anabin”, a Diplom degree obtained abroad may only be used in Germany if the foreign qualification is recognized as equivalent. The specific details, especially the requirement to state the awarding institution or country, are set out in the relevant state administrative regulations.
Recognition and nostrification
Zur Recognition of foreign Diplom degrees in Germany is handled by the certificate recognition offices of the federal states and subordinate authorities. Bilateral agreements apply, especially the “Lisbon Convention” on the recognition of qualifications in higher education. So-called nostrification, i.e., the legal equivalence of a foreign degree with a domestic qualification, is possible within the framework of the relevant procedures.
Legal significance of professional titles and qualifications
The use of the Diplom degree is relevant in professional law contexts. In some professional licensing laws (e.g., Engineering Acts, Architects Acts), holding a Diplom degree is a prerequisite or basis for professional recognition.
For civil servants, official regulations govern the entry of academic degrees in personnel records and their use in official correspondence.
Types and abbreviations of the Diplom degree
Formal design and variants
The Diplom degree is awarded in various forms, usually in conjunction with the specific field of study as an adjunct in parentheses or as an abbreviation. Typical examples include:
- Diplom-Ingenieur (Dipl.-Ing.)
- Diplom-Kaufmann (Dipl.-Kfm.)
- Diplom-Volkswirt (Dipl.-Vw.)
- Diplom-Pädagoge (Dipl.-Päd.)
- Diplom-Informatiker (Dipl.-Inf.)
The specific abbreviation and spelling are determined by the university’s examination regulations and relevant state legal requirements.
Diplom degree at universities of applied sciences and universities
Until 1999, the Diplom degree was awarded by both universities and universities of applied sciences. To distinguish between the qualifications, an explicit addition could be made: for example, “Diplom-Ingenieur (FH)” for degrees from universities of applied sciences. Use of the title without this addition is not permitted for degrees awarded by universities of applied sciences and constitutes a legal violation.
Diplom degree in the international context
Comparison with bachelor’s and master’s degrees
With the implementation of the Bologna Process, which promotes the harmonization of European higher education degrees, the Diplom degree has gradually been replaced by bachelor’s and master’s degrees. Nevertheless, in international recognition procedures, the Diplom degree is often considered at least equivalent to a master’s degree, especially for degrees from a university.
Use of foreign Diplom degrees in Germany
For the use of foreign degrees the regulations of the Central Office for Foreign Education (ZAB) and the administrative orders of the federal states apply. The manner in which the degree is used and any required additions regarding the awarding institution and country of origin are determined by current administrative regulations. Unlawful or misleading use may be prosecuted as a regulatory or criminal offense.
Current legal developments and ongoing validity
The ongoing transition to tiered degree programs does not affect the guarantee of continued validity for already awarded Diplom degrees. Diplom degrees already obtained may continue to be used for life. In individual cases, diploma programs may still be completed under transitional provisions. The legal basis for this is set out in the higher education laws of the federal states.
Summary
The Diplom degree is a protected academic qualification, the use of which in Germany and internationally is subject to numerous legal regulations. The proper awarding and use are governed by state higher education laws, the Framework Act for Higher Education, state-specific administrative regulations, and the Criminal Code. Despite being replaced by bachelor’s and master’s degrees, the Diplom degree remains a significant element of the German higher education system and is of ongoing relevance, particularly in the fields of professional law, educational recognition, and title law.
Frequently asked questions
Is the use of a foreign Diplom degree permitted in Germany?
The use of a Diplom degree obtained abroad is generally permitted in Germany as long as the qualification was properly conferred by a recognized university in the issuing country. However, certain legal requirements apply: the degree may only be used in the original form awarded and must state the awarding university and country of origin. A German translation or adaptation to the German degree designation (“Diplom”) is not permitted without appropriate recognition or determination of equivalence. Using a foreign Diplom degree in Germany without the correct indication of origin may constitute a regulatory offense and could result in a fine. It is advisable to consult the relevant authority responsible for recognition, such as the Ministry of Education or the Central Office for Foreign Education (ZAB), regarding the exact requirements for use and necessary additions.
Are there differences in the use of Diplom degrees from EU and non-EU countries?
Yes, there are legal differences regarding the use of Diplom degrees from EU member states and those from third countries. Due to the so-called Lisbon Convention and other EU regulations, academic degrees from EU member states are recognized according to simplified principles, and their use is permitted—while respecting the original designation and any necessary additions. For third countries, especially non-European countries, stricter requirements apply: often, an individual assessment of equivalence or even formal recognition, such as by the ZAB, is required before the degree may be used. The state higher education laws of the federal states may impose additional requirements.
What legal consequences may occur in the case of misuse or unauthorized use of a Diplom degree?
The unauthorized carrying or abusive use of a Diplom degree may have civil, administrative, and criminal consequences. Anyone who intentionally or negligently uses an academic degree to which they are not entitled may be punished under § 132a of the Criminal Code (Misuse of titles, professional designations, and badges). This includes in particular the use of false, translated, or invented degrees. In addition, the local authorities may impose fines. Furthermore, the employer may take employment law measures, such as termination in the case of deception during the recruitment process.
Does the Diplom degree have to be entered in public registers (e.g., in passports, ID cards)?
German name law provides for the possibility of having certain academic degrees entered in official identification documents such as the ID card or passport. However, this is voluntary and requires proof of the proper awarding. Registration is only permitted for actually recognized and correctly used Diplom degrees. Usually, the relevant certificate and, if applicable, an official translation or recognition must be submitted.
Is there grandfathering for older Diplom degrees after changes in higher education law?
If a Diplom degree was lawfully obtained and used in accordance with the legal requirements applicable at the time of its conferment, it is generally protected by grandfathering. This means that subsequent changes in (higher education) law, such as the introduction of bachelor’s and master’s degrees as a result of the Bologna Process, do not generally affect the legality of using older Diplom degrees in their original form. However, changes in how the title is presented or abbreviated may occur and must be observed where applicable.
Is state recognition or equivalency assessment required for the use of a Diplom degree?
For German state university degrees, further recognition is generally not required. However, with foreign Diplom degrees, an assessment of equivalence is often necessary to ensure that it is indeed an academic degree at least equivalent to the German Diplom degree. The responsible bodies are usually the Ministries of Education or the ZAB. Only after this review is the permanent use of the foreign Diplom degree legally permissible in Germany.
Can a revoked Diplom degree be used again?
If a Diplom degree has been revoked or withdrawn by an official decision due to fraudulent conduct or other serious reasons, renewed use of this title is legally prohibited. Unauthorized continued use of a revoked degree generally constitutes a criminal offense under § 132a StGB and can result in severe penalties. Acquiring the degree again is only possible by repeating the studies and passing the final examinations.
