Definition and legal foundations of universities of applied sciences
Universities of applied sciences (abbreviated as FH) are an independent category of state or state-recognized higher education institutions within the German higher education system. They are part of the types of higher education institutions as defined in the Framework Act for Higher Education (HRG) and the respective state higher education laws. The term ‘Fachhochschule’ refers in particular to educational institutions that offer scientifically grounded, application-oriented instruction in various disciplines and are geared toward vocational training.
Definition and differentiation
Universities of applied sciences differ from universities, particularly in their focus on practice-oriented teaching and applied research. In German higher education law, they are formally placed on equal footing with universities and equivalent scientific institutions, but are institutionally and in terms of their core functions independently regulated.
Historical development
Universities of applied sciences were initially established through amendments to the Framework Act for Higher Education (in particular § 1 HRG) and their introduction by the federal states in the 1960s and 1970s by means of FH laws. The aim was to establish a practice-oriented type of higher education institution for technical, economic, design, and social programs. With the new version and entry into force of the HRG from 1976 and the respective state implementing laws, the recognition and status of universities of applied sciences within the higher education system were enshrined.
Legal status and statutory foundations
Constitutional framework
According to Articles 70, 72, and 74 of the German Basic Law (GG), legislative authority for higher education is principally vested in the federal states (cultural sovereignty of the states). The federal government, under Art. 74 (1) No. 33 GG, has concurrent legislative authority in the area of university admissions and degrees. The basic framework for the structure of universities of applied sciences is provided by the Federal Framework Act for Higher Education (HRG). Further implementation is carried out by the respective state higher education laws, which govern the structure, responsibilities, organization, examination regulations, and organizational structures of universities of applied sciences in detail.
Implementation under state law
Each federal state individually governs the establishment, sponsorship, recognition, supervision, and quality assurance of universities of applied sciences. State higher education laws contain detailed regulations on programs of study, teaching, research, examination procedures, rights and obligations of students and staff, as well as the self-governance of universities of applied sciences.
Types of institutions and legal forms
Universities of applied sciences may be operated under public corporation sponsorship (state-run FHs), or as private institutions in the form of foundations, associations, or companies with state recognition. The legal form varies depending on state law between an institution under public law or a foundation under public law; private universities of applied sciences are typically organized as GmbH, gGmbH, or foundations. Recognition as an institution of higher education is subject to strict legal requirements, particularly regarding permanent financial security, proof of suitable study programs, and accreditation of the offered degree programs.
University autonomy, self-governance and supervision
Right to self-governance
As higher education institutions, universities of applied sciences are entitled to self-governance within the framework of the law. They are authorized to enact their own statutes regarding examination regulations, study regulations, and basic regulations. The organs of universities of applied sciences typically include the presidium or president, the senate, the university council, as well as faculty and student representatives. State law also sets out the composition and appointment procedures for management bodies.
State legal supervision
Although universities of applied sciences enjoy extensive self-governance, state supervision by the competent state authority remains in place. This includes, in particular, monitoring compliance with legal requirements as well as ensuring legal conformity and quality assurance through accreditation and evaluation procedures.
Degree programs and qualifications
Accreditation and quality assurance
The study programs of universities of applied sciences are subject to mandatory accreditation. The legal basis is provided by the Framework Act for Higher Education, the Interstate Accreditation Treaty, the sample state statutory regulation, and state-specific accreditation ordinances. The accreditation of degree programs serves as a quality assurance instrument and is a precondition for state recognition and the validity of degrees.
Equivalence of degrees
Since the introduction of the Bologna Process, universities of applied sciences and universities award equivalent academic degrees in the Bachelor’s/Master’s system (§ 19 HRG). The awarding of diploma degrees is still permitted but declining. Universities of applied sciences are generally not permitted to award doctoral degrees; in exceptional cases, there are doctoral centers or cooperative doctoral procedures in collaboration with universities, provided this is stipulated in state higher education law.
Admission requirements
Admission to study at universities of applied sciences is legally regulated and generally requires the Fachhochschulreife (university of applied sciences entrance qualification), the Allgemeine Hochschulreife (general higher education entrance qualification), or another qualification recognized as equivalent. Further access is made possible by state regulations for professionally qualified applicants without a school-based higher education entrance qualification, where appropriate after an aptitude test.
Responsibilities and research mandate
Universities of applied sciences are legally entrusted with clear responsibilities in the areas of practice-oriented teaching, continuing education, applied research, development, and technology transfer. State laws, regularly in § 3 and following, define their responsibilities, under which universities of applied sciences are also responsible for continuing education programs, dual degree programs, and cooperative research projects with the private sector and public authorities. Purely fundamental research, unlike at universities, is not their main focus.
Recognition and quality in the international context
Within the context of the European Higher Education Area, universities of applied sciences are internationally referred to as “Universities of Applied Sciences.” Their academic degrees (Bachelor/Master) are legally recognized in Germany and throughout Europe. Student mobility and degree recognition are ensured by numerous international agreements and European directives, including the Lisbon Recognition Convention.
Summary:
Universities of applied sciences in Germany are legally established, practice-oriented institutions of higher education with their own statutory framework. The law governing universities of applied sciences is federal and state-specific, with a particular focus on practical relevance, quality assurance, self-governance, and supervision. Their programs and degrees are comprehensively recognized by law and integrated into international academic exchange.
Frequently asked questions
What legal requirements must be met for the recognition of a university of applied sciences in Germany?
Recognition of a university of applied sciences in Germany is subject to the relevant higher education laws of the federal states, as education in the Federal Republic is the responsibility of the states. In general, state recognition requires comprehensive proof of the academic, personnel, material, and financial resources of the institution. This includes, among other things, a viable teaching and study concept, qualified academic staff, appropriate facilities, and secured financing. Compliance with the requirements is checked by the competent state authority, usually the Ministry of Science or Education. In addition, private universities of applied sciences must meet additional requirements regarding non-profit status or institutional structure. Accreditation of degree programs by an external agency is also mandatory to ensure compliance with quality standards. Finally, approval is subject to conditions that are continuously monitored.
To what extent do the legal frameworks for state and private universities of applied sciences differ?
State and private universities of applied sciences are fundamentally subject to the same legal requirements with regard to recognition, quality assurance, and the range of study programs offered. Differences arise, however, in terms of sponsorship, financing, and some administrative structures. While state universities of applied sciences are financed and organized by the state, private institutions must cover their costs independently through tuition fees, foundations, or other sources of funding. Private universities of applied sciences also require special state recognition to ensure the equivalence of their degrees with those offered by state institutions. This recognition is usually time-limited and tied to ongoing proof of quality and financial security. Furthermore, private providers are subject to stricter rules regarding transparency and independence in teaching.
What legal regulations apply to admission to degree programs at universities of applied sciences?
Admission to degree programs at universities of applied sciences is governed nationwide by the Framework Act for Higher Education and the respective state higher education laws. The prerequisite for admission is usually the Fachhochschulreife, the general or subject-specific higher education entrance qualification, or another qualification recognized as equivalent, such as a completed professional qualification with a higher education entrance examination. Where a Numerus Clausus (NC) is in place, the legal requirements for selection and transparency must be observed. Special provisions for international applicants as well as recognition of vocational training or achievements and quotas, for example for hardship cases or second-degree applicants, are also legally regulated and must be observed.
How does the law regulate the recognition of qualifications obtained abroad at universities of applied sciences?
Foreign educational qualifications are evaluated and recognized for their equivalence with German higher education entrance qualifications according to the assessment system of the Central Office for Foreign Education (ZAB). For the admission of international students, higher education institutions and the competent state authorities follow the regulations of the Standing Conference of the Ministers of Education and Cultural Affairs (KMK). The process involves an individual assessment, with legal certainty provided by legislation and international agreements such as the Lisbon Recognition Convention. For the recognition of previously earned academic achievements, additional country-specific regulations and the relevant examination regulations apply.
What statutory regulations exist regarding the accreditation of degree programs at universities of applied sciences?
The accreditation of degree programs is firmly anchored in higher education law and serves as an officially regulated procedure for quality assurance. According to resolutions of the Standing Conference of the Ministers of Education and the Framework Act for Higher Education, all Bachelor’s and Master’s programs at universities of applied sciences must be reviewed by a recognized accreditation agency. The procedure includes the examination of study and examination regulations, course content, practical elements, personnel resources, and labor market relevance of the degree program. The result is an accredited, i.e., legally recognized and comparable program, the degree from which is automatically state-recognized. In the event of a deficit, accreditation can be withdrawn, in which case the program must be discontinued.
What legal requirements exist regarding co-determination in the governing bodies of universities of applied sciences?
The higher education laws of the federal states govern the composition, rights and obligations, and election regulations of co-determination bodies (e.g., senate, faculty councils, university council). Students, faculty, and other university members are legally represented in these bodies through fixed quotas. Their participation concerns key decisions on study regulations, budgets, appointments, and the development planning of the university. In many states, the existence of an organized student body is also legally mandated, with its legal status, responsibilities, and funding governed by law. The supervisory authorities monitor compliance with democratic structures and transparency in the decision-making process.
Which laws govern the conduct and recognition of examinations at universities of applied sciences?
Examination regulations are drawn up on the basis of the respective state higher education laws and the nationwide framework requirements. The legal provisions particularly concern the requirements for admission, procedure, assessment, appeals procedures and repetitions of examinations, as well as deadlines and options for compensating disadvantages. Examinations must be assessable, transparent, and evaluated according to legally secure criteria. Recognized examinations lead to the acquisition of legally valid credits (ECTS) and degrees that are comparable nationally and internationally. Appeals and complaint mechanisms, defined in law and the applicable examination regulations, protect the rights of students in the examination process.
