Part-Time Studies

Parking Study – Legal Classification and Definition

Das Parking Study represents a special status of students at German universities. It involves enrollment in a non-restricted or less popular program, often with the aim of maintaining university enrollment even though the student actually intends to pursue another, restricted-admission program (usually a numerus clausus subject). The following article provides a detailed legal analysis and classification of the term Parking Study, taking into account university law, social law, and regulatory aspects of student funding.

Definition of Terms and Distinction

The term Parking Study is not explicitly defined by law, but is regularly used in the context of university law, administrative practice, and court decisions to describe a temporary enrollment in a program different from one’s real academic intention. The goal is generally to secure the benefits of student status (e.g., health insurance, BAföG, semester ticket) during the period until admission to the desired program of study is achieved.

Distinction from Other Forms of Enrollment

• Second Degree: In a second degree, the person completes another degree after a first university degree, whereas in a parking study, no completion in the intended subject is pursued.
• Auditing Student Status: Students in a parking study are regularly enrolled and therefore have student rights, while auditing students do not acquire this status.
• Orientation Studies: While orientation studies serve as deliberately established programs for guidance in choosing a degree, the parking study usually pursues primarily pragmatic purposes.

Legal Framework under University Law

Admission Requirements and Enrollment

Non-restricted programs are subject to different legal provisions in the German federal states. It should be noted that there are generally no special admission hurdles for a parking study as long as the formal requirements for enrollment are met.

Study Progress Regulations

The respective state university laws provide for various rules on minimum academic achievement and classification in terms. Long-term ‘parking’ with no proof of academic achievement may lead to de-enrollment, particularly if conditions laid out in examination regulations (e.g., deadlines for orientation exams) are not met.

Changing Programs

The right to change courses of study is generally possible under state university laws. However, deadlines and possible credit transfers must be observed. A successful application to a restricted program can be affected by already completed university semesters, especially with regard to waiting time regulations.

Social Insurance Law Aspects

Health Insurance

Student status in a parking study generally continues to provide access to student health insurance. However, after exceeding certain age or semester limits, a switch to regular health insurance is required.

Pension and Unemployment Insurance

Parking study in principle does not create pension or unemployment insurance obligations. The usual special regulations for students apply.

Legal Framework for Student Funding

BAföG Entitlement

Caution is advised with regard to the Federal Training Assistance Act (BAföG) in the context of a parking study. In principle, funding is only available for a genuinely pursued education path. A parking study solely intended to preserve student status can endanger BAföG entitlement. The decisive criterion is proof of a serious and sustainable study intention, evidenced by academic achievements. After a change of program, previous funding may be refused on a case-by-case basis, particularly if the change is not for an important reason.

Consequences of Changing Programs

If a place in the desired program is obtained and the parking study ends, this program change is recognized as initial education under BAföG law, provided certain deadlines are met and there is an important reason for the change. However, too frequent changes may lead to a permanent denial of further funding.

Case Law and Administrative Practice

Courts and administrative authorities have dealt with parking study cases repeatedly. Key aspects regularly include the subjective intention to study, potential for abuse in enrollment, and prevention of unjustified occupation of study places. Case law emphasizes that enrollment alone does not confer equality in student funding status with genuinely enrolled students. In the context of capacity law, a parking study can become relevant if study places are blocked by parking students.

Critique and Legal Policy Discussion

Parking study is at the center of educational and social policy debates. Critics point out that parking students enroll without genuine intent to study, causing additional administrative costs and potential distortions in the allocation of study places. On the other hand, there are calls for more flexible allocation processes with accompanying protection mechanisms, to prevent abuse and provide students with easier access to their desired field.

Reform Proposals and Development Trends

In response to the issues outlined above, some state governments and universities suggest adapting allocation procedures, increasing academic performance control, and a more restrictive recognition of waiting times. The goal is to limit undesirable side effects of parking study for both the university and social system. Some universities now offer explicit orientation and bridging courses to bring the parking study function into regular structures.

In summary the parking study is a phenomenon at the intersection of university law, social insurance law, and student financial aid law. Any use of a parking study should be carefully evaluated for its legal ramifications, as it can have far-reaching effects on the student’s academic career and funding. For those concerned, a thorough review of relevant laws, regulations, and administrative directives is advisable in individual cases.

Frequently Asked Questions

What legal requirements must be fulfilled to undertake a parking study?

Carrying out a parking study in Germany is subject to certain legal conditions under university law. Fundamentally, the state university laws govern admission to the university and the associated student rights. Those who, as so-calledr “auditing student” participate in courses without being enrolled in a specific program are, in fact, undertaking a parking study. Legally, this generally requires written registration, often in exchange for a guest auditor’s fee. It is important to ensure that during the parking study, no exam results may be obtained as proof of academic progress, because participation in exams and the acquisition of ECTS credits are typically reserved for regularly enrolled students. An additional legal requirement may be the consent of relevant lecturers or faculties to participate in their courses. The maximum duration and the scope of courses attended may also be limited by university regulations.

What rights and obligations do ‘parking students’ have from a legal standpoint?

Legally, parking students (i.e., guest auditors) do not enjoy the full rights of regularly enrolled students. As a rule, they are not entitled to sit for exams, cannot acquire academic degrees, and are excluded from university co-determination rights such as the active and passive right to vote for student representation. They can often use university services and the library only to a limited extent, depending on university rules. Payment of a guest auditor’s fee is usually required; additional regulations, such as on liability insurance during university events, may apply. Violation of the guest auditor rules—for example, unauthorized participation in exams—can result in immediate exclusion from the parking study.

The question of the maximum permissible duration of a parking study in Germany is governed by the relevant university or guest auditor statute. This may stipulate explicit limits, often two to four semesters. The background for this is the prohibition of abuse—the parking study is not intended as a permanent way around enrollment rules. In some states or universities, repeated but each time newly approved guest auditor status is possible; other universities strictly set a maximum overall duration. Violations of these limits may result in de-enrollment or denial of further admission as a guest auditor.

What are the legal regulations regarding exams and proof of achievement in a parking study?

Regular participation in exams and the completion of academic achievements in a parking study are generally excluded because these are reserved for properly enrolled students. Occasionally, guest auditors may receive confirmation of attendance (a certificate of participation without grade or ECTS), provided this is allowed by university policy. Exceptions are extremely rare and require express permission from the lecturer as well as the examination board. Unauthorized participation in regular exams may constitute attempted fraud under university law and can result in further legal consequences, such as permanent exclusion from the university.

What are the effects of a parking study on status under university and social law (e.g., BAföG, semester ticket, health insurance)?

Legally, parking students are generally not considered full students for the purposes of university, social, or tax law. Therefore, they are particularly not entitled to BAföG, often have no right to discounted tickets (e.g., semester ticket for public transport), and are not required to be insured under student health insurance. Child benefits are also unavailable for guest auditors, since they are not enrolled as regular students. With respect to pension or unemployment insurance, they are also not considered students. This legal status is explicitly regulated in social law and the BAföG Act.

What legal consequences may result from abuse of a parking study?

Abuse of a parking study, for example by obtaining exam results fraudulently, submitting false evidence, or exceeding the allowable duration as a guest auditor, can have serious legal consequences under university law. These can include immediate revocation of guest auditor status, as well as temporary or permanent bans on admission to the university. Legal proceedings for fraudulently obtaining services, document forgery, or fraud may also be initiated. The specific legal consequences are determined by university law, criminal law, and, if applicable, civil law (e.g., reclaiming benefits).