Definition and Basic Meaning of ECTS
The European Credit Transfer and Accumulation System (ECTS) is a performance point system for higher education recognized throughout Europe. Its purpose is to account for, transfer, and accumulate academic achievements within and between different educational institutions and countries, particularly within the context of the Bologna Process. ECTS serves as a centrally managed instrument to ensure the comparability of academic achievements and qualifications in the European Higher Education Area and to facilitate the mobility of students as well as permeability of educational paths.
Legal Basis and Legal Framework
International Legal Foundations
ECTS is based on educational policy agreements within the Bologna Process, which was signed in 1999 by 29 European countries. The aim of the Bologna Process is to create a unified European Higher Education Area (EHEA). The introduction and application of ECTS is based on various European agreements, memoranda, and recommendations, in particular the “ECTS Key Features” and their respective national implementations.
Although the ECTS system is based on recommendations, it has attained a fixed legal framework through directives, national higher education laws, and regular accreditation procedures. The member states of the EHEA and their higher education institutions are thus effectively required to apply ECTS if they participate in the common European Higher Education Area.
National Implementations and Legal Binding Force
In Germany, ECTS is legally implemented through the Framework Act for Higher Education (HRG), state higher education acts, and the respective examination and study regulations. The federal states independently regulate the specific structure and binding nature within their higher education systems, whereby the recognition and awarding of ECTS credit points is established as a mandatory standard for Bachelor’s and Master’s degree programs.
Similar legal regulations exist in most European countries, often by explicit reference to international recommendations or adaptation of national educational laws. In some cases, ECTS points are required for access to certain professions or for the recognition of qualifications by public authorities.
Accreditation and Quality Assurance
The awarding and recognition of ECTS credit points are subject to accreditation and quality assurance procedures in Germany and other EHEA states. Higher education institutions must transparently define the scope of each course as well as the type of academic achievements required. National accreditation bodies review, as part of program and system accreditation, whether the study programs comply with the requirements of ECTS and are implemented properly. The legal basis for this includes, among others, the Accreditation State Treaty and ensuing regulations.
Function and Structure of ECTS
Definition of Credit Points
One ECTS credit point corresponds to the workload that an average student must expend to successfully complete a course. An academic year typically comprises 60 ECTS credit points, which equates to an average workload of 1,500 to 1,800 hours.
Each course is assigned a specific number of ECTS credit points, which are bindingly set out in the respective examination regulations. The determination of credit points is made in accordance with legal requirements for transparency and equivalency.
Legal Provisions for Recognition of ECTS
In Germany, the recognition of externally acquired ECTS credit points is regulated by the Framework Act for Higher Education (§ 20 HRG), in conjunction with state legal provisions and university-specific regulations. Universities are obligated to recognize comparable and equivalent academic achievements earned abroad, provided there are no substantial differences in content and scope. The legal basis for this is the requirement of equal treatment as well as the promotion of mobility within the EHEA.
Any rejection of recognition must be justified and openly communicated; affected students have a legal right to a review and, if necessary, to an administrative procedure. Jurisprudence recognizes ECTS as a decisive criterion of comparability.
ECTS Transcript and Diploma Supplement
The ECTS transcript documents the awarded points, grades, and achievements and represents a legally binding academic record. It is part of the “Diploma Supplement” that graduates receive in addition to their degree certificate. Both have legal effect due to their incorporation in higher education laws and serve primarily the recognition at the European level, in further studies, or for professional qualifications.
Special Legal Issues
Recognition in Third Countries and EU Legal Issues
The recognition of ECTS credit points in third countries outside the EHEA takes place on the basis of bilateral agreements and international treaty law. Within the EU, mutual recognition is facilitated by directives on the recognition of professional qualifications (Directive 2005/36/EC) as well as by additional regulations. In the event of disputes, national administrative courts or arbitration panels are responsible.
Legal Significance for Double Degrees and Joint Degrees
ECTS plays a central role in cooperative study programs or double degrees (Double Degrees, Joint Degrees). In such cases, the individual academic achievements of the participating higher education institutions are offset and recognized with ECTS. The legal bases for this are cooperation agreements between the institutions and the corresponding national regulations which establish mutual authority to award degrees and legal recognition.
Data Protection and ECTS
The processing of data in connection with ECTS points is subject to data protection law, in particular the General Data Protection Regulation (GDPR). Higher education institutions must ensure that personal data of students are processed only to the extent necessary for the awarding, documentation, and transfer of ECTS.
Significance of ECTS in the Legal Context
ECTS is a standardized, legally secured credit and transfer system for academic achievements. It is an integral part of national and European educational legislation and serves to fulfill fundamental rights to mobility, equal treatment, and access to education. Due to its binding nature in higher education, ECTS not only has educational policy implications but also far-reaching legal consequences, particularly regarding access to degree programs, recognition of degrees, and within the context of quality assurance.
Literature and Further Information
- Bologna Declaration, 19 June 1999
- Framework Act for Higher Education (HRG)
- Resolution of the Standing Conference of the Ministers of Education and Cultural Affairs on the Introduction of ECTS
- European Commission: “ECTS Users’ Guide”
- State Higher Education Laws of the German Federal States
- Regulation (EC) No. 2006/2004 on cooperation in consumer protection (regarding recognition of qualifications)
Note: The legal principles described here are based on the state of European and national legislation as of June 2024 and should be regularly reviewed for current developments.
Frequently Asked Questions
How is the legal binding nature of ECTS credits regulated in German higher education law?
ECTS credits are used in German higher education law to quantify student workload and form an essential part of study and examination regulations. The legal basis for the awarding, recognition, and transferability of ECTS credits is, in particular, the respective higher education law of the federal state as well as the framework guidelines of the Standing Conference of the Ministers of Education and Cultural Affairs (KMK) and corresponding European regulations, such as the Bologna Process. ECTS credits thus have legal effect, as they serve as the basis for measuring study progress and for awarding academic degrees. Higher education institutions make corresponding regulations in their examination rules, whereby course-specific deviations are permitted if they are explicitly justified and the relevant committees are involved. Legal disputes may especially arise if students do not receive ECTS credits as intended or when transferring to another university, as there is, in general, no subjective legal claim to automatic recognition of ECTS credits obtained at a different institution.
How are the recognition and accreditation of ECTS credits regulated by law?
The recognition and accreditation of ECTS credits in Germany follow both national and European regulations. Decisive is § 63a Framework Act for Higher Education (HRG) and the corresponding state higher education laws. Accordingly, academic achievements including ECTS credits, acquired at a recognizing institution, must be reviewed and must be recognized if they are equivalent. There is thus a legal obligation to recognize equivalent academic achievements, and minor differences must not lead to denial. The recognition procedures must be transparent and provide students with the right to appeal. Decision-making processes are subject to judicial review, in accordance with the principles of equal opportunity and prohibition of arbitrariness.
What are the legal consequences of acquiring or not acquiring ECTS credits?
The acquisition of ECTS credits is a prerequisite for studies, study progress, and ultimately for graduation. Legally, failing to obtain ECTS credits, especially as part of mandatory modules, may lead to failure of exams or exmatriculation, as statutory or examination regulations regularly require the achievement of minimum credit points (e.g., after a certain number of semesters). Objections to examination decisions, i.e., regarding the (non-)awarding of ECTS credits, are generally governed by administrative law and may be challenged by legal remedies (objection proceedings and possibly action before the administrative court).
What legal regulations exist for the transferability of ECTS credits between different universities?
With regard to the transferability of ECTS credits nationally and internationally, statutory and higher education provisions have existed since the Bologna Process. § 63a HRG as well as state higher education laws and the Lisbon Convention require a fair and transparent procedure for the accreditation of ECTS credits acquired abroad or at other domestic universities. The examination is based on equivalence; if denied, a thoroughly reasoned denial decision is required. There is no automatic legal claim to transferability, but students are entitled to a discretionary error-free decision. Disputes can be resolved through the respective administrative legal process.
Are there time limits or periods of limitation to be observed when recognizing ECTS credits?
In principle, the recognition of academic achievements is not formally bound to a specific deadline, although examination regulations and state higher education laws often stipulate deadlines within which an application must be submitted. For example, it may be stipulated that applications for recognition must be filed at the start of studies, but at the latest before completion of relevant examinations. Generally, there is no statute of limitations, but due to administrative reasons, loss of entitlement may occur after significant delay (especially in the event of changes to examination regulations). Once an administrative act (e.g., recognition notice) has been issued, the standard deadlines for objection and legal action apply in accordance with administrative procedure law.
Can ECTS credits legally serve as a substitute for certificates of achievement or examinations?
ECTS credits are statutory units of measurement for workload and not independent certificates of achievement. They are awarded after passing an examination or successfully completing a module. The legal provisions do not provide for ECTS credits to serve as a substitute for examinations or certificates of achievement. However, upon recognition as proof of equivalence, they may constitute the basis for waiving a repeat performance. The legality of the procedure is determined by the respective examination regulations and the state law. There is no general entitlement to “exchange” ECTS credits for certificates of achievement.
