German Council of Science and Humanities – Legal Definition and Structure
The German Council of Science and Humanities (Wissenschaftsrat) is a central advisory body of the Federal Republic of Germany, focusing on science policy advice for the federal government and the states (Länder). Its legal basis, composition, and mandate are of crucial importance for the German science system. In the context of a legal lexicon, this article provides a comprehensive and differentiated examination of the Wissenschaftsrat from a legal perspective.
Legal Basis and Status of the Wissenschaftsrat
Legal Framework and Institutional Foundation
The Wissenschaftsrat is an independent, overarching advisory body based on the administrative agreement on the establishment of a Wissenschaftsrat between the federal government and the states. This administrative agreement was first concluded in 1957 and has been amended several times, most recently on 31.01.2008 (BGBl. I S. 497). The agreement forms the basis for the activities of the Wissenschaftsrat and regulates its mandate, composition, and institutional arrangements. Legally, the Wissenschaftsrat is organized as a non-legal, autonomous joint institution, with its administrative office located in Cologne.
Mandate under the Administrative Agreement
The key tasks of the Wissenschaftsrat can be derived directly from § 1 para. 1 of the administrative agreement. Its mandate is to develop recommendations and opinions on the content and structural development of science, ensure the quality of research and teaching, and promote the development of universities and non-university research institutions. The recommendations are addressed to both the federal government and the state governments.
Key areas of responsibility are:
- Advice on all matters relating to the structure and further development of the science system,
- Evaluation of universities and research institutions,
- Participation in the development of criteria for the funding of scientific institutions,
- Recommendations for strategic development and prioritization in research policy.
Legal Nature and Self-Governance
Under German administrative law, the Wissenschaftsrat occupies a special position as a joint institution of the federal government and the states, embodying the concept of cooperative federalism. It operates independently and is not subject to ministerial directives. Its recommendations are legally non-binding for their addressees—the federal government and the states—but exert considerable practical influence due to the council’s political and scientific authority.
Composition and Legal Regulations Concerning Membership
Personal Composition
According to § 2 of the administrative agreement, the Wissenschaftsrat consists of two groups of members:
- Scientific members who are appointed by the Federal President on the proposal of the German Research Foundation and the scientific academies,
- Public figures, particularly from the fields of business and culture, who are also appointed by the Federal President.
The term of office is usually three years, and reappointment is permitted. The selection of members follows established regulations to ensure a balanced and competent composition.
Legal Status of Members
Membership in the Wissenschaftsrat constitutes a public honorary office. Members are obliged to provide independent advice within the scope of their activity and are not subject to directives. Members are entitled to reimbursement of reasonable expenses for attending meetings and preparing expert reports.
Procedures and Working Methods
Structure and Committee System
The Wissenschaftsrat is composed of the plenary session, the executive committee (Präsidium), as well as various committees and commissions. The rules of procedure of the Wissenschaftsrat regulate procedural workflows, including the convening of meetings, decision-making processes, and the publication of recommendations.
Decision-Making Process
Decisions of the Wissenschaftsrat are made by majority vote in the plenary session. In individual cases, committees or working groups may be established to address specific issues in greater depth. Meetings and deliberations are generally not open to the public; results are published in writing—mostly as recommendations or opinions.
Transparency and Publication Requirement
The decisions and recommendations of the Wissenschaftsrat are publicly accessible and subject to publication requirements to ensure transparency and traceability of science policy advice. The administrative office manages the process and ensures formal publication.
Financial and Administrative Basis
Funding
The Wissenschaftsrat is funded equally by the federal government and the states in accordance with the Königstein formula. Further details are specified in the administrative agreement and supplementary budgetary regulations. The funds are earmarked for fulfilling its tasks, particularly for carrying out evaluations, producing expert reports, and running administrative operations.
Legal Supervision
Legal supervision over the Wissenschaftsrat is exercised jointly by the federal government and the states. However, substantive independence and immunity from directives are legally guaranteed. Only compliance with budgetary and procedural requirements is subject to subsequent review.
Significance in German Science Law
Effect and Legal Binding Force
The recommendations of the Wissenschaftsrat do not have legal binding force in the classical sense; they are non-binding advice. Nevertheless, its recommendations are in practice of considerable importance, as they regularly form the basis for legislative and administrative measures in the development of science and higher education.
Relation to Other Legal Provisions
The Wissenschaftsrat operates in conjunction with other relevant legal foundations of science law, including:
- Basic Law (GG), particularly with regard to the cultural sovereignty of the states (§ 70 GG) and the federal framework competence (§ 75 GG a.F., § 91b GG n.F.),
- Higher Education Framework Act (HRG),
- other state higher education laws,
- budgetary laws of the federal government and the states.
Relationship to International and European Bodies
The Wissenschaftsrat may cooperate with international scientific advisory bodies in certain situations. However, its legal role is limited to the Federal Republic of Germany. The Wissenschaftsrat itself does not have direct connection to European Union law, although international standards and recommendations are taken into account in its evaluations.
Summary
The Wissenschaftsrat is a joint institution of the federal government and the states, legally established by administrative agreement for science policy advice. It is constituted as an independent body with its own rules of procedure; its recommendations exert significant influence on the development of the German science system. Its legal structure is based on federal consensus, advisory independence, and an institutional framework that ensures transparency and credibility in science policy discourse. The legal framework of the Wissenschaftsrat makes it one of the central institutional actors in German science law.
Frequently Asked Questions
Who is legally responsible for appointing the members of the Wissenschaftsrat?
Responsibility for the appointment of members of the Wissenschaftsrat is regulated by the Joint Science Conference (Gemeinsame Wissenschaftskonferenz, GWK). The primary legal foundation is the administrative agreement on the joint promotion of science, research, and teaching by the federal government and the states (abbreviated: GWK administrative agreement). Accordingly, the appointment of members is carried out by the Federal President upon the proposal of the federal government and/or the responsible federal ministries and the governments of the states. It should be noted that candidates are selected according to a specific quota system reflecting the differing interests of the federal government, the states, scientific institutions, and societal groups. Nominations for the group of scientists are usually made by university policy bodies and scientific associations, while public figures are proposed by the federal government and the states. The formal act of appointment by the Federal President ensures the members’ constitutional legitimacy.
What is the legal status of the Wissenschaftsrat vis-à-vis the federal government and the states?
The Wissenschaftsrat is a joint advisory body of the federal government and the states, which possesses no sovereign powers and therefore acts legally as an independent institution. Its status as an advisory body is legally established in the aforementioned GWK administrative agreement and distinguishes the Wissenschaftsrat from administrative and executive functions. Its recommendations are not legally binding, but due to the consensus character and the presence of distinguished experts, they carry substantial weight in political and administrative decision-making. The Wissenschaftsrat is moreover committed to academic freedom and acts independently of instructions—neither the federal government nor the states may influence the content of its reports and recommendations. Independence is further secured by the statute and the rules of procedure of the body.
How is the Wissenschaftsrat legally organized and how is it funded?
The Wissenschaftsrat is not organized as an independent public-law corporation, but as an institutional advisory body based on administrative agreements between the federal government and the states. The administrative office of the Wissenschaftsrat, located in Cologne, does not have its own legal personality, but is administered and funded by the Federal Ministry of Education and Research. Ongoing operations are financed by the federal government and the states on a pro rata basis according to the Königstein formula. Personnel at the administrative office are subject to the applicable employment law regulations of the public sector, with hiring, remuneration, and employment contracts handled by the administrative authority, usually the BMBF.
Are the recommendations and expert reports of the Wissenschaftsrat legally binding?
The recommendations and opinions of the Wissenschaftsrat are, in legal terms, strictly advisory and are thus not binding. This legal non-binding character is expressly provided for in the GWK administrative agreement. Nevertheless, the expert reports and recommendations regularly exert significant political and administrative influence on science policy in the Federal Republic of Germany due to their professional foundation. Ministries, universities, and non-university research institutions often follow the guidance of the Wissenschaftsrat in practice when allocating funding and implementing reforms in the science sector, but they are not legally obligated to do so.
Is the Wissenschaftsrat subject to specific legal requirements for transparency and accountability?
The Wissenschaftsrat is legally obliged to maintain transparency with respect to its working methods, to publish its recommendations, and to provide periodic reports to the Joint Science Conference. Its transparency obligations arise in particular from the public interest in independent science policy advice and from the principles of good governance in the public sector. All expert reports, reports, and recommendations are published regularly and made available to the public. The rules of procedure of the Wissenschaftsrat provide that internal consultations are to be kept confidential, while the results and findings must be presented transparently for the public and explained to the GWK upon request.
What legal requirements exist for the selection and appointment of working groups in the Wissenschaftsrat?
The establishment of working groups within the Wissenschaftsrat is subject to the legal requirements of the statute and the rules of procedure of the Wissenschaftsrat, as well as the general principles of academic freedom and non-discrimination. Members are appointed according to scientific and professional criteria and with consideration for representativeness. Appointments are made by the plenary of the Wissenschaftsrat, while the administrative office is responsible for the administrative framework. The work of the groups is subject to confidentiality obligations to protect the independence of the advisory process, but results are published upon completion.
Are there any legal options to review or challenge decisions of the Wissenschaftsrat?
Since the Wissenschaftsrat merely functions as an advisory rather than a decision-making body in the constitutional sense, there are no direct legal review or appeal mechanisms regarding its reports or recommendations. Administrative or legal proceedings against recommendations are therefore not permitted. However, if in the course of its activities the individual rights of members are violated, such members would have recourse to administrative or employment law complaint mechanisms, but these relate exclusively to internal procedures and not to the content of the body’s recommendations.
