Concept and Legal Framework of the Student Body
Die Student Body refers in German higher education to the entirety of enrolled students at a university, which is organized as a public law corporation. It is a central element of student self-governance and participation, and is predominantly subject to the provisions of the respective Higher Education Act of each federal state. The student body is not a voluntary association, but is instead mandatorily organized through enrollment at the respective university. In addition to its self-administration, it performs sovereign functions and acts as the representative body for its members.
Legal Foundations of the Student Body
State Law Provisions
The legal basis for the student body is essentially established by the Higher Education Acts of the German federal states (§§ 54-57 HRG, specific to each state), as legislative authority lies with the states. Typically, the Higher Education Acts contain detailed provisions regarding the organization, duties, election procedures, and financing of the student body. Some key examples:
- Baden-Württemberg: Landeshochschulgesetz (LHG), §§ 65-72
- Bavaria: Bavarian Higher Education Innovation Act (BayHIG), Art. 72
- North Rhine-Westphalia: Higher Education Act (HG NRW), §§ 53-58
- Berlin: Berlin Higher Education Act (BerlHG), §§ 18-22
Federal law only applies to the extent that the principles of the Framework Higher Education Act (HRG) and the Basic Law are affected.
Constitutional Classification
According to prevailing opinion, the student body is a sub-corporation or subunit of the university, which as an associated public law entity is embedded in the public sector. The constitutional permissibility of compulsory membership is generally based on the principle of democracy (Art. 20 GG) and the principle of participation in public law institutions.
Tasks and Functions of the Student Body
Statutory Duties
The core responsibilities are typically defined in the Higher Education Acts as follows:
- Representation of the academic, social, economic, and cultural interests of the students
- Participation in university policy decision-making processes
- Promotion of political education and civic responsibility
- Provision of advisory and support services (e.g. BAföG counseling, social assistance)
- Organization of events and projects, which serve the entire student body
Engagement in party-political activities or support for external political movements outside the university-related context is regularly not permitted.
Organs of the Student Body
The student body is usually structured into various organs:
- Student Parliament (StuPa): Highest decision-making body, elected by all students
- General Student Committee (AStA): Executive body, elected by the StuPa, implements resolutions and manages operations
- Departmental Student Councils: Representation at faculty level, own sub-corporations
- Arbitration and Election Committees: Legal oversight and organization
Membership, Rights and Obligations
Compulsory Membership
In Germany, membership in the student body generally arises by operation of law upon enrollment at the respective university (compulsory membership). The associated rights and obligations are also regulated by state law. Key rights include the right to vote for the organs of the student body and entitlement to use student services. The main obligation is payment of the student contribution (solidarity fee).
Withdrawal and Participation Rights
Withdrawal from the student body is not possible as long as enrollment exists. Participation is guaranteed through elections and engagement within the organs. The organs are subject to strict democratic and rule-of-law principles (election regulations, statutes, complaint mechanisms).
Financing of the Student Body
Contribution System
Financing is primarily provided by the student fee or semester contribution, which all students are required to pay and which is managed independently by the student body. The amount of the contribution is decided by the student parliament and may be earmarked for services such as semester tickets, cultural promotion, advisory services, or political education. Collection is subject to the principle of equal treatment and expenditure is controlled by the university administration.
Asset Management and Budgetary Sovereignty
The student body manages its own budget and assets, which are subject to internal and external review (usually by the university’s auditing office). Financial support from third parties is permissible, provided this does not entail obligations or influence over the independent fulfillment of tasks.
Legal Protection and Supervision
Legal Status and Locus Standi
The student body is a legal public law corporation with its own power of representation. It may sue and be sued in its own name. Internal disputes (e.g. election challenges) are regularly subject to administrative judicial review.
Supervision and Oversight
Supervision of the activities of the student body is the responsibility of the university management or – in serious cases – the competent ministry. In the event of unlawful decisions, authority may be exercised through supervisory powers (legal supervision, but not technical supervision); in addition, there is generally a right of objection. The organs of the student body are obliged to legality and proper conduct in their internal relations.
Special Regulations and Particularities
Semester Ticket and Social Funds
A nationwide particularity is the institute-wide or state-wide implementation of the semester ticket model via the student body. The legality of the solidarity-based funding has been repeatedly confirmed by the courts. Social funds to support financially disadvantaged students are administered independently and form part of the social mandate of the student body.
Political Activity
Political activity within higher education policy is permitted, but party-political neutrality is required for the organs. A diversity of opinion must be ensured; violations of neutrality requirements can be sanctioned by supervisory authorities.
Legal Developments and Reforms
The legal status and structure of student bodies have undergone historical changes. After the abolition of the constituted student body in certain federal states (e.g. Bavaria 1973), it was reintroduced in many places, sometimes in a new form. Current debates focus on further democratization, funding, and the role in inter-university actions.
Significance in Higher Education Law and Conclusion
The student body is an integral part of the German higher education organization. Its statutory mandate to represent the interests of all students and to be democratically organized is indispensable in the public higher education system. Its organization and working methods constitute a key factor for social participation and co-determination in the academic system and higher education.
See also:
Higher Education Law – General Student Committee – Fachschaft – Higher Education Act
Legal Foundations (Selection):
Frequently Asked Questions
Who, according to higher education law, is a member of the student body and how is membership effected?
According to the Higher Education Acts of the German federal states, all students who are enrolled at a university and are not on leave are, by operation of law, typically automatic members of the respective constituted student body. Membership arises upon enrollment and ends with deregistration. A separate declaration of accession is not required; instead, this is a so-called compulsory membership, which is generally regarded as constitutionally permissible to the extent that the functions of the student body are limited to the representation of student interests and concerns. Students taking a leave semester can, depending on state law, be exempted from certain rights and duties (such as the contribution obligation), but usually remain members. Special regulations may apply for doctoral candidates or part-time courses of study, depending on the respective state higher education law.
What rights and obligations arise from membership in the student body?
The rights of members include, pursuant to state Higher Education Acts and corresponding statutes, in particular the active and passive right to vote for the organs of the constituted student body, the utilization of services offered by the student body (e.g. counseling, cultural offers, social benefits), as well as the right to information and participation in decision-making processes within the student organs. Obligations mainly relate to the payment of the semester contribution, which is levied to finance the tasks of the student body. Refusal to pay the contribution can result in loss of rights, in extreme cases leading to deregistration if provided by state law. Members are also obliged to observe statutes and regulations of the student body; their enforcement is generally based on public law.
How is student self-administration legally structured?
The student body is organized as a sub-corporation under public law – an independent corporation or component corporation within the university, endowed with its own regulatory and administrative autonomy. It acts through elected bodies (such as the student parliament, General Student Committee/AStA) within the competences defined by law and its own statutes. Its organs possess sovereign powers vis-à-vis their own members, but are subject to legal supervision by the university or the relevant science ministry. Responsibilities, competences, and internal organization are primarily based on the relevant Higher Education Acts and the statutes enacted by the student body itself.
What level of financial autonomy does the student body possess?
Under the law, the student body has far-reaching financial autonomy within its field of responsibilities. It collects a contribution from its members (often collected as part of the semester contribution), which is used to cover the costs of its statutory functions. Decisions regarding the use of funds are made by the competent organ (usually the student parliament), and the budget is generally subject to approval by the university management and/or government authorities. The funds must be used strictly for tasks within the student body’s scope; misuse is prohibited and can result in objections by the court of auditors or through legal oversight.
To what extent are resolutions of the student body subject to legal supervision?
Decisions and amendments to the statutes of the student body are subject to legal supervision by the university management and, where applicable, the competent ministry. This means that the supervisory authority examines the legality—but not the appropriateness—of actions. In cases of legal violations, instructions may be given to annul or amend decisions. Legal supervision is a consequence of the public status of the student body and serves to ensure its activities comply with legal requirements. Supervision particularly concerns decisions on budgets, elections, and statutes.
Are students legally permitted to refuse membership in the student body or to resign from it?
Membership in the constituted student body is generally mandated by law and therefore cannot be opted out of or terminated while enrolled at a university and not on leave or deregistered. There is no legal right to withdraw, as the student body is a public law entity and membership is legitimized as ‘compulsory membership’. Refusal to pay the contribution is not permissible and may result in administrative measures up to exclusion from university services. Exceptions are possible in individual cases of leave of absence or particular hardship, but must be specifically applied for and approved.
How are elections within the student body regulated by law?
The conduct of elections for the organs of the student body is governed by election regulations, which are themselves based on statutory provisions in the respective Higher Education Act. These regulations determine details such as voting rights, electoral systems (e.g. list or individual voting), election dates and deadlines, eligibility criteria for candidates, counting procedures, and the process for contesting election results. Compliance with these election rules is monitored by election committees and – in the event of complaints – by the university’s legal oversight or, if necessary, administrative courts. Electoral principles such as universality, equality, directness, freedom, and secrecy must be strictly observed. Violations may lead to challenges and repeat elections.
