Concept and significance of the doctoral degree
The doctoral degree (Latin: doctor, “teacher, scholar”) is the highest academic degree within the German education system, awarded as evidence of independent scholarly achievement. The doctoral degree serves not only as proof of academic competence, but also has legal implications regarding the use of the title, name usage, job advertisements, and access to certain activities. In the legal context, the significance of the doctoral degree encompasses a variety of regulations stemming from different legal sources.
Legal sources and regulations
Higher education law foundations
Requirements for conferment
The conferment of the doctoral degree is based on the higher education laws of the federal states, in particular the respective higher education statutes and doctoral regulations of doctorate-granting universities. Requirements for obtaining a doctoral degree include the completion of higher education (usually a master’s degree or an equivalent qualification) and the successful production of an independent academic work (dissertation). A further part of the doctorate process is an oral examination (defense or comprehensive examination).
Right to award doctorates
According to state university laws, the right to award doctorates is reserved exclusively for universities and institutions of equal standing. Specifics, such as duration, supervision conditions, and examination modalities, are governed by the respective doctoral regulations. Awarding of the doctoral degree by non-academic educational institutions or institutions without the required right to award doctorates (“degree mills”) is not permitted.
Honorary doctorate
Alongside the regular path to a doctorate, there is the option of an honorary doctorate (honoris causa, Dr. h.c.). Here, the doctoral degree is awarded without the requirement for a scientific work that is necessary for a regular doctorate. The basis for this is also found in the doctoral regulations of the individual universities.
Legal nature and effect
The doctoral degree as a part of the name
The doctoral degree is, in the broadest sense, to be treated as a component of the civil name. According to § 63 of the Civil Status Act (PStG), the doctorate title is used as a name addition on official identification documents in Germany. Legally, however, it is not part of the official surname, but an academic degree within the meaning of § 10 para. 1 sentence 1 of the Federal Identity Card Act (PAuswG). Entry of the doctoral degree in identification documents is optional.
Protection of the title and use of the doctoral degree
Protection of the doctoral degree arises from title protection law. Unauthorized use of a doctorate is a criminal offense under § 132a of the Criminal Code (StGB). The use of a doctorate obtained abroad is also subject to legal restrictions and, where necessary, recognition or notification procedures as specified in the respective state regulations regarding the use of foreign academic degrees. The unauthorized assumption, use, or passing on of a non-earned doctorate can have not only criminal but also civil consequences, particularly claims for injunction and damages.
Acquisition of foreign doctorates
Principle of recognition
According to § 35 of the Framework Act for Higher Education (HRG) as well as the recognition provisions of certain state laws, doctorates awarded abroad may be used in line with the requirements of the Conference of Ministers of Education (KMK). Use of such titles depends on recognition of the awarding institution and intergovernmental agreements. It is customary for the degree to be used in its original form with the designation of origin (“Dr. … (name of awarding institution/country of origin)”).
Special regulations for certain states
For doctorates obtained in member states of the European Union, the European Economic Area, or Switzerland, there are in some cases facilitated rights of use. For other countries, such as the USA or Russia, there are specific requirements relating to providing evidence and for use in translated or original-language form.
Abuse and sanctions
Abusive or unauthorized use of foreign doctorates is also subject to § 132a StGB. The competent authorities for review are the offices responsible for recognition of foreign academic degrees in the respective federal states.
Revocation of the doctoral degree
Procedure and legal consequences
The doctoral degree can be revoked if, after its award, it is discovered that it was obtained through deception, plagiarism, or other serious violations of academic standards. The legal basis for revocation procedures is found in state higher education law and the doctoral regulations of the relevant universities. The decision is usually made by the faculty or competent doctoral committee through a formal resolution process.
Legal protection
Revocation of the doctoral degree constitutes an adverse administrative act, against which the affected individual may file an objection according to administrative law provisions and, if necessary, take legal action before the administrative courts.
Internationalization and use of the title
International degree titles
International comparability and use of the doctoral degree have been facilitated by recommendations of the Conference of Ministers of Education as well as by bilateral and multilateral recognition agreements. In addition to the traditional “Dr.” designation, international titles such as “Ph.D.” (Doctor of Philosophy) are also eligible for recognition in Germany, provided they have been properly acquired.
Difference between academic and professional titles
The doctoral degree is an academic, not a professional title. Thus, it is not to be confused with specific professional or official designations. Use within a professional environment is permitted so long as there is no deception.
Summary and outlook
The doctoral degree is comprehensively regulated by law in Germany. In addition to the requirements for conferment, there are clear provisions for its acquisition, use, protection, and revocation. International developments and increasing mobility of academic careers are leading to a progressive harmonization of recognition and usage rules.
The legal aspects of the doctoral degree are situated at the intersection of academic autonomy, state oversight, and societal significance. Careful observance of the relevant legal provisions is of central importance to avoid criminal and civil consequences in cases of misuse or improper use. The doctoral degree thus remains a significant element both academically and legally.
Frequently asked questions
When and how may the doctoral degree be legally used in Germany?
In Germany, use of the doctoral degree is regulated by law, both at the federal and state levels. The doctoral degree may only be officially used once the doctorate has been successfully completed and the relevant certificate has been handed over. Merely passing the oral defense or examination does not yet entitle one to use the title until the final doctoral certificate is available. The manner in which the title is used is determined by the awarded academic degree. If the doctorate was obtained in Germany, the exact designation from the degree certificate must also be used in all official documents. Failure to comply with these requirements may result in an administrative offense, for example, under the Civil Status Act or state higher education laws.
Under what conditions may a foreign doctoral degree be used in Germany?
The use of foreign doctoral degrees in Germany is subject to differentiated legal rules, especially those set out in the respective state higher education laws. Doctorates from EU and EEA member states may generally be used without special approval and often without proof of origin, but always in the original language form and with the name of the awarding institution. For doctorates from third countries, additional requirements apply, such as individual case evaluation or recognition by the relevant authority. Conversion to the German short form “Dr.” is generally only permitted under certain statutory conditions, for example where there are applicable international treaties (e.g., according to the Conference of Ministers of Education list). Unauthorized use of a foreign degree can be punishable (e.g., as misuse of title under § 132a StGB).
What legal consequences may arise from unauthorized use of a doctoral degree?
Unauthorized use of a doctoral degree—whether by mere pretence or by using a degree that was never awarded or not recognized—constitutes a criminal offense in Germany, regulated in § 132a StGB (Misuse of titles, professional designations, and badges). The offense already encompasses use in public, professional, or private contexts if it is used to pretend or suggest a qualification. Sanctions range from fines to imprisonment of up to one year. Additionally, the applicable state law may provide further sanctions, such as administrative fines or disciplinary measures in public service. Revocation of professional registration or civil servant status may also be imposed in individual cases.
Is it mandatory to use the doctoral degree in one’s name on official documents?
The doctoral degree is not part of the surname under German civil law, but rather constitutes an academic degree. This means that there is no obligation to include the doctorate title on official documents—with the exception of certain rules in the Passport Act (e.g., § 4 para. 1 PassV) and in some cases for identity cards. Nonetheless, the right to use the relevant degree is legally protected. Anyone using the title must observe the formal and legal requirements (e.g., correct citation, inclusion of the origin designation for foreign degrees). In the event of a change of name status or revocation of the doctoral degree by the awarding institution, the use of the title in official documents must also be promptly adjusted.
How do rehabilitation and revocation of a doctoral degree affect its lawful use?
The legal eligibility to use the doctoral degree ends immediately with its revocation by the awarding university, which is stipulated in the respective higher education act (e.g., in the case of proven academic misconduct such as plagiarism or deception). While proceedings are ongoing, there is a right of suspension; however, if the revocation is confirmed by a court, the degree may no longer be used. In the event of rehabilitation (e.g., annulment of the revocation by a court decision), the rights and obligations to use the degree are restored. Revocation must be reported to the relevant authorities to prevent misuse in legal transactions; otherwise, as with unauthorized use in general, legal sanctions may apply.
Are there legal differences between the federal states regarding the use of doctoral degrees?
Yes, higher education law falls within the legislative competence of the federal states, so the details governing use of the doctoral degree, particularly with regard to foreign degrees, may vary. State higher education acts and administrative guidelines regulate, for example, the permissibility of the short form, recognition of foreign degrees, or required evidence procedures. For this reason, affected persons are advised to consult the relevant state higher education authority or department of education for the specific regulations applicable at their location, especially if the degree is to be used across state borders or in different professional contexts.
