Term and Basics: Honorary Doctorate
The Term Honorary Doctorate (Latin: “Doctor honoris causa”, often abbreviated as Dr. h.c.) refers to an academic degree awarded by a university as a sign of special recognition for outstanding scientific, artistic, or societal achievements outside the regular doctoral procedure. The honorary doctorate is not earned through an independent academic achievement (such as a dissertation) at the awarding institution, but is instead an honorary distinction.
Legal Basis for Award
Regulations in University Law
The basis for awarding an honorary doctorate is the relevant State Higher Education Act and the doctoral regulations of the respective faculties or universities. In Germany, universities have the right, within the scope of their statute autonomy, to confer honorary degrees. The specifics are usually regulated in the doctoral regulations.
Requirements and Procedure
- Criteria for Award: The award is granted for exceptional merit, which does not necessarily have to be of an academic nature, as long as the relevant doctoral regulations include cultural, social, political, or economic achievements.
- Procedure: The decision to confer the honorary degree is usually made by the relevant university bodies—typically the faculty council or department council—on the recommendation of several university members, and is confirmed by the university management.
- Legal Nature: The honorary doctorate is awarded as an academic degree, but it is not a professional qualification and, in particular, does not confer any teaching authority.
Award Certificate and Use of the Title
The award is made by means of an honorary certificate. This certificate forms the basis for the use of the respective title. The exact form of title usage (e.g., “Dr. h.c.” or “Dr. phil. h.c.”) is stipulated in the certificate by the awarding institution.
Legal Status of the Honorary Doctorate
Right to Use the Title
With the ceremonial award of the honorary doctorate, the honored individual acquires the right to use this title in accordance with the certificate and the respective state higher education law. In Germany, the legally permissible use of the title is regulated in the state higher education laws.
For example, § 37 para. 3 of the North Rhine-Westphalia Higher Education Act stipulates that universities acquire the right to confer honorary degrees.
Public Use and Name Law
The use of the honorary doctorate is subject to the provisions of name law (§ 12 BGB) and the state regulations for higher education. The degree may be used if it has been properly conferred and appears in the prescribed form. Abusive acquisition or use of academic degrees is a criminal offense (§ 132a StGB).
Difference to Other Academic Degrees
The honorary doctorate differs from regular doctoral degrees due to its non-study-based origin. There is no legal equivalency with scientific doctorate degrees (for example concerning access to professions). The use of an academic professional title (such as on certificates of conduct or in the context of licensure) is not permitted for honorary titles.
Revocation and Withdrawal
The honorary doctorate is fundamentally tied to the continued existence of the basis for bestowing the honor. Revocation may occur if the holder of the honorary degree subsequently acts against the values of the university or behaves dishonorably. The procedure for revocation and the associated rights and opportunities for a hearing are governed by the doctoral regulations of the awarding institution as well as administrative law provisions (laws on administrative procedure).
Conditions for Revocation
Revocation is usually possible when
- the basis justifying the award ceases to exist,
- the degree holder is guilty of serious misconduct,
- fraud or false information in connection with the award becomes known.
Criminal Law Aspects
Unauthorized use of an honorary doctorate is a criminal offense. According to § 132a StGB (“Misuse of titles, professional designations, and insignia”), the unauthorized use, forgery, or awarding of non-existent academic degrees may be punished with a fine or imprisonment.
Special Topics Concerning Foreign Honorary Doctorates
The right to use a foreign honorary doctorate in Germany is subject to the regulations of the relevant state higher education act as well as the decision of the Standing Conference of the Ministers of Education and Cultural Affairs (KMK) on the use of foreign degrees. Usually, an exact designation and, if applicable, the naming of the awarding institution is required (“Dr. h.c. (Univ. XY, Country)”). No claims of equivalence arise from this; in case of doubt, the competent state authority decides on the form in which the title may be used.
Summary: Legal Significance of the Honorary Doctorate
The honorary doctorate is an honorable, symbolic degree whose legal effects are essentially limited to the right to use the corresponding title. It is awarded by university committees according to strict regulations, can be revoked for misconduct, and is subject to specific rules of criminal, higher education, and name law. There is no equivalency with scientific degrees. Public use requires correct formulation and documented award. The honorary doctorate thus remains an important, yet clearly delineated, special academic distinction in its legal consequences.
Frequently Asked Questions
Under what legal requirements can an honorary doctorate be awarded in Germany?
The awarding of an honorary doctorate (Dr. h.c.) in Germany is subject to the respective state higher education laws and the specific doctoral regulations of the conferring universities or faculties. The legal basis is generally the Higher Education Act of the relevant state, such as § 35 of the Berlin Higher Education Act or comparable regulations in other states, which grant universities the right to confer doctorates and thus also the right to award honorary degrees. The university’s academic self-governance makes autonomous decisions according to set criteria, such as “exceptional academic, artistic or societal achievements.” The process generally requires a formal proposal that is considered and resolved in the relevant faculty bodies—usually the faculty council. The procedure is regulated by examination regulations and includes the possibility of hearings or objections. The award certificate only becomes legally valid upon signature by the authorized bodies of the university.
Can the awarding of an honorary doctorate be challenged in court?
A challenge to the awarding of an honorary doctorate is generally possible, for example by persons with a legitimate legal or actual interest (e.g., by members of the faculty or affected parties in the event of obvious procedural abuse). Such challenges take the administrative court route, with the competent administrative court reviewing whether the procedure was properly conducted, legal requirements were met, and there was no abuse of discretion. Objections may be based, for example, on procedural errors (such as lack of involvement of required bodies), violations of the principle of equal treatment, or internal university regulations. However, mere disagreement regarding the suitability of the person is not sufficient on legal grounds.
What rights and obligations arise from holding an honorary doctorate?
Legally, the honorary doctorate grants its holder the right to use the conferred designation (usually with the addition “h.c.” or “honoris causa”) before their name, provided this complies with the respective state and higher education law. Using the title without this addition may entail legal consequences, as it constitutes unauthorized adoption of an academic degree. However, the honorary doctorate does not confer professional or academic privileges, employment benefits, or entry into official registers as a “full” doctorate. The holder incurs no obligations, but the doctorate may be revoked if it is later found that the award was obtained fraudulently or under false pretenses.
Is the use of a foreign honorary doctorate legally permissible in Germany?
The use of foreign honorary doctorates is generally permissible in Germany under the state higher education laws, but certain requirements must be met. Often, approval must be obtained, or the degree must be used in its original form, i.e., with the full addition and details of the awarding institution (e.g., “Dr. h.c. [Name of University], [Country]”). The Standing Conference of the Ministers of Education and Cultural Affairs (KMK) regularly issues recommendations on this. Violations, such as omission of the addition or deception about a domestic degree, may—depending on the legal situation—constitute an administrative offense or even a criminal offense.
Can an honorary doctorate also be revoked, and if so, on what legal grounds?
Yes, the withdrawal of an honorary doctorate is legally possible and is governed by the relevant higher education laws and the doctoral regulations of the awarding university. Reasons may include subsequent determination of unworthiness (e.g., due to serious crimes or proven deception), procedural errors in the awarding process, or violations of existing regulations. The revocation procedure is set out in the statutes and typically includes a hearing for the affected person as well as a resolution by the competent body. Legal recourse is also available against decisions on revocation.
What are the legal consequences of unlawfully using an honorary doctorate?
The unlawful use of an honorary doctorate, for example by omitting the addition “h.c.” or by claiming to hold a “regular” doctorate, constitutes a criminal offense under § 132a StGB (“Misuse of titles, professional designations, and insignia”). Fines or imprisonment for up to one year may result. In addition to criminal penalties, administrative measures may be imposed, such as prohibition orders or the confiscation of official documents in which the degree is falsely stated.
Are there legal differences between a genuine doctorate and an honorary doctorate?
Yes, a genuine doctorate, which is based on academic achievement in a doctoral program, grants different legal rights than an honorary doctorate. The regular doctorate may be used permanently and without explanatory additions, serves as a qualification for certain professions and scholarly activities, and enables further academic qualification (habilitation). The honorary doctorate, on the other hand, serves primarily representative purposes, may only be used with an addition, and does not grant additional academic or professional rights. Abuse can have legal consequences, especially regarding the regulations for the protection of titles and professional designations.
