Term and legal framework of the student body
Die Student body refers in the German higher education system to the entirety of enrolled students at a university, organized as a public-law corporation. It is a central element of student self-governance and co-determination and is subject to the relevant University Act of each federal state. The student body is not a voluntary association but is mandatorily organized through enrollment at the respective university. In addition to self-administration, it performs sovereign duties and acts as a representative body for its members’ interests.
Legal basis of the student body
State-level legal provisions
The legal basis for the student body is essentially found in the University Acts of the federal states (§§ 54-57 HRG, state-specific), since the authority to legislate lies with the states. University Acts usually contain detailed provisions on the organization, duties, election procedures, and financing of the student body. Here are some central examples:
- Baden-Württemberg: State University Act (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 provisions only apply insofar as the principles of the Framework Act for Higher Education (HRG) and the Basic Law are affected.
Constitutional classification
According to general opinion, the student body is a subsidiary or sub-corporation of the university, integrated as a member corporation under public law. The constitutional admissibility of compulsory membership is based primarily on the principle of democracy (Art. 20 Basic Law) and the principle of participation in public-law institutions.
Functions and roles of the student body
Statutory duties
The core duties are typically defined in the University Acts as follows:
- Representation of the academic, social, economic and cultural interests of the students
- Participation in higher education decision-making processes
- Promotion of political education and civic responsibility
- Provision of counseling and support services (e.g., BAföG advice, social assistance)
- Organisation of events and projects, serving the student body as a whole
Political activity tied to parties or support for external political movements outside the context of higher education is regularly not permitted.
Governing bodies of the student body
The student body is usually divided into various bodies:
- 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 affairs
- Student Councils: Representation at the departmental level, own independent sub-corporations
- Arbitration and Election Committees: Legal oversight and organisation
Membership, rights, and obligations
Compulsory membership
In Germany, membership in the student body is generally conferred by law through enrollment at the respective university (compulsory membership). The associated rights and obligations are likewise governed by state law. Key rights include voting rights for student body organs and access to student offers. The main obligation is payment of the student contribution (solidarity contribution).
Withdrawal and participation rights
Withdrawal from the student body is not possible as long as enrollment exists. Participation is guaranteed via elections and involvement in bodies. The organs are subject to strict democratic and rule-of-law principles (election rules, statutes, complaint procedures).
Financing of the student body
Contributions system
Financing is primarily through a compulsory student or semester fee payable by all students, which is managed by the student body itself. The amount is determined by the Student Parliament and may be allocated for purposes such as semester tickets, cultural promotion, counseling services, or political education. The collection of fees is subject to the principle of equal treatment and spending is controlled by the university administration.
Asset management and budget sovereignty
The student body has its own budget and asset administration, subject to internal and external review (usually by the university’s audit office). Financial grants from third parties are permissible, provided that they do not create dependencies or influence the independent fulfillment of duties.
Legal protection and oversight
Legal status and legal capacity
The student body is a legal entity under public law with its own power of representation. It can sue and be sued in its own name. Internal disputes (e.g., challenges to elections) are regularly subject to administrative court review.
Oversight and monitoring
Supervision of the student body’s activities is the responsibility of the university management or, in serious cases, the responsible ministry. Instruction rights (legal supervision, but no technical supervision) may be applied against unlawful decisions; a right to object is usually included. The organs of the student body are required to maintain legality and proper conduct within their internal relations.
Special provisions and particularities
Semester ticket and social funds
A nationwide particularity is the implementation of the semester ticket model through the student body. The lawfulness of the solidarity-based financing has been confirmed repeatedly by courts. Social funds to support financially disadvantaged students are managed independently and form part of the student body’s social mandate.
Political activity
Political activity within higher education is permitted, but a requirement for political neutrality applies to the organs. Diversity of opinion must be maintained; violations of neutrality can be sanctioned by the supervisory authorities.
Legal developments and reforms
The legal status and structure of the student bodies have undergone historical changes. After the abolition of the structured student body in certain states (e.g., Bavaria in 1973), it was reintroduced in many places, sometimes in new forms. Current debates focus on further democratization, financing, and the role in inter-university activities.
Significance in university law and conclusion
The student body is an integral part of the German university system. Its legal mandate to represent all students and to be democratically organized is indispensable in the public university sector. Its organization and way of working are key factors for social participation and co-determination in the scientific and academic education system.
See also:
Higher Education Law – General Student Committee – Student Council – Higher Education Act
Legal bases (selection):
Frequently Asked Questions
Who, according to higher education law, is a member of the student body and how does membership arise?
According to the University Acts of the German federal states, as a rule all students enrolled at a university and not on a leave of absence are, by law, automatically members of the respective structured student body. Membership arises with enrollment and terminates with deregistration. No separate declaration of accession is required; rather, this is so-called compulsory membership, which is generally considered constitutional as long as the duties of the student body are limited to representing student interests and concerns. Students on leave may, depending on state law, be exempt from certain rights and obligations (such as paying contributions), but usually remain members. Special regulations may apply to doctoral students or part-time degree programs, depending on the respective State Higher Education Act.
What rights and obligations arise from membership in the student body?
Member rights include, according to the State Higher Education Acts and relevant statutes, in particular the active and passive right to vote in the organs of the structured student body, use of services offered by the student body (e.g., counseling, cultural events, social benefits), as well as the right to information and involvement in decisions within the student organs. Obligations mainly concern payment of the semester fee, which finances the duties of the student body. Refusing payment can result in loss of rights or, in extreme cases as provided by state law, even deregistration. There is also an obligation to observe the statutes and regulations of the student body; their enforcement is regularly based on public law.
How is student self-governance legally structured?
The student body is organized as a sub-corporation under public law – an independent or member corporation within the university, endowed with its own statutory and administrative sovereignty. It acts through elected bodies (e.g., Student Parliament, General Student Committee/AStA) within powers defined by law and its own statutes. Its bodies have sovereign powers over their own members, but are subject to legal supervision by the university or the responsible Ministry of Science. The tasks, competencies, and internal organization derive primarily from the relevant University Acts and the statutes adopted by the student body.
What financial autonomy does the student body have?
The student body has, by law, extensive financial autonomy within its area of responsibility. It collects a contribution from its members (often as part of the semester fee), which is used to cover costs of its statutory duties. The relevant body (generally the Student Parliament) decides on allocation via a budget, which is typically subject to approval by the university administration and/or government bodies. Funds must be used for purposes within the student body’s sphere of activity; misappropriation is prohibited and may result in objection by the audit office or legal supervision.
To what extent are decisions of the student body subject to legal supervision?
Decisions and amendments to statutes of the student body are subject to legal supervision by the university administration and, if applicable, the responsible ministry. This means that the supervisory authority examines legality, but generally not appropriateness, of actions. If violations of law are found, orders may be issued for correction or repeal. Legal supervision results from the public status of the student body and serves to ensure its activity within statutory frameworks. Review mainly focuses on budget, election, and statute resolutions.
Can students refuse membership in the student body or withdraw on legal grounds?
Membership in the structured student body is generally prescribed by law and thus cannot be opted out of or terminated as long as studies at a university are ongoing and the student is not on leave or deregistered. A right of withdrawal is not provided under university law, since the student body is a public-law entity and membership is legitimized as ‘compulsory membership.’ Refusal to pay contributions is not permissible and may result in administrative action up to exclusion from university services. Exceptions are possible on a case-by-case basis for students on leave or in cases of special hardship, but these must be specifically applied for and approved.
How are elections within the student body legally regulated?
The conduct of elections for student body organs is governed by election regulations, which are in turn based on a statutory foundation in the relevant University Act. These election regulations determine, for example, voting rights, electoral system (e.g., list or person-based election), election dates and deadlines, requirements for candidacy, as well as procedures for vote counting and contesting election results. Compliance with election requirements is monitored by election committees and, in cases of complaints, by university legal oversight or, if applicable, the administrative courts. Election law principles such as universality, equality, directness, freedom, and secrecy are mandatory. Violations can result in election challenges and repeat elections.
